Under the Copyright Act, damages can be awarded pursuant to sections 80(2)(c), 101(2), 109(2), 110(2), 114(4)(a), 115(2), 169(2), and 191(3)(b) and 191(4).

At present, there are no specific provisions for the court to order payment of the right holder's expenses by the infringer. However, as alluded in #50 above, under the Copyright Act, damages are a remedy for infringement and will cover losses suffered by the right holder.

Division 6 of the Copyright Act prescribes the procedures relating to disposal of infringing copy or other objects. Pursuant to Division 6, Section 125 (a) and (b) of the Copyright Act allow the court to make orders for forfeiture to the copyright owner or for the infringing items to be destroyed or otherwise dealt with as the court thinks fit.

At present, the legislation has no provisions allowing judges to indemnify a defendant in the event of abuse by a Plaintiff.

At present, there are no provisions implementing Article 50 of the TRIPS Agreement.

Section 35 of the Copyright Act prevents the importation of infringing copies. However, at present, there is not competent authority with the power to suspend the release of counterfeit goods.

At present, there are no legal provisions to suspend the export of counterfeit goods.

Section 125 of the Copyright Act allows the court to make orders for the disposal of infringing goods. Section 125 stipulates that: "125.-(1) An application may be made to the court for an order that an infringing copy or other object delivered up pursuant to an order under section 111 or 123 or seized pursuant to section 112 or 122 be- (a) forfeited to the copyright owner; or (b) destroyed or otherwise dealt with as the court thinks fit. (2) In considering what order (if any) should be made under subsection (1), the court must have regard to- (a)whether other remedies available in proceedings for infringement of copyright would be adequate to compensate the copyright owner and to protect the interests of the copyright owner; and (b) the need to ensure that no infringing copy is disposed of in a manner that would adversely affect the copyright owner. (3) Before making an order under subsection (1), a court must issue directions as to the service of notice on persons who have an interest in the copy or other object. (4) A person who has an interest in a copy or other object which is the subject of an application under subsection (1) is entitled- (a) to appear in proceedings for an order under this section, whether or not the person is served with notice; and (b) to appeal against any order made, whether or not the person appears in the proceedings. (5) An order made under subsection (1) does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) If there is more than one person interested in a copy or other object, a court may direct that the object be sold, or otherwise dealt with, and the proceeds divided, and make any other order it thinks just. (7) If a court decides that no order should be made under this section, the person in whose possession, custody, or control the copy or other object was before being delivered up is entitled to its return."

At present, the legislation does not provide for a de minimis imports exception.

Division 5 of the Copyright Act which governs Offences addresses criminal liability for making or dealing with infringing objects. Sections 121 (1) – (3) set out the criminal acts and states: 121.-(1) A person who, other than pursuant to a copyright licence- (a) makes for sale or hire; (b) imports into the Fiji Islands otherwise than for that person's private and domestic use; (c) possesses in the course of a business with a view to committing any act infringing the copyright; (d) in the course of a business- (i) offers or exposes for sale or hire; (ii) exhibits in public; or (iii) distributes; (e) in the course of a business or otherwise, sells or lets for hire; or (f) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner, an object that is, and that the person knows or our ought reasonably to know is, an infringing copy of a copyright work, commits an offence. (2) A person who- (a) makes an object specifically designed or adapted for making copies of a particular copyright work; or (b) has such an object in the person's possession, when the person knows or ought reasonably to know that the object is to be used to make infringing copies for sale or hire or for use in the course of a business, commits an offence. (3) Subject to subsection (4), a person who- (a) causes a literary, dramatic, or musical work to be performed, if the performance infringes copyright in the work; or (b) causes a sound recording or film to be played in public or shown in public, if the playing or showing infringes copyright in the sound recording or film, and who knows or ought reasonably to know that copyright in the work or in the sound recording or visual image, as the case may be, would be infringed by the performance, playing or showing respectively, commits an offence. (4) Nothing in subsection (3) applies in respect of infringement of copyright by the reception of a broadcast or cable programme. Penalties for the above offences are prescribed under section 121(5) as follows: (5) A person who commits an offence under this section is liable on conviction- (a) in the case of an offence against subsection (1), to a fine of $5,000 for every infringing copy to which the offence relates, but not exceeding $50,000 in respect of the same transaction, and to imprisonment for 12 months; (b) in the case of an offence against subsection (2) or (3) to a fine of $50,000 and to imprisonment for 12 months, (c) in the case of a second or subsequent offence against subsection (2) or (3), to a fine of $100,000 and to imprisonment for 2 years.

In accordance with Article 5 of the Law of the Kyrgyz Republic On Trade Marks, Services Marks and Appellation of Origin of Goods criteria for establishing whether a trademark is well-known are established by the Government of the Kyrgyz Republic. Development of a draft regulation that will define these criteria has not been completed yet. At present the given draft was sent to the relevant ministries and agencies for their comments. As soon as comments from the relevant ministries and agencies are received, the draft will be submitted to the Government for approval.

The Law of the Kyrgyz Republic On Commercial Secrets (hereinafter referred to as "the Law") stipulates that unauthorized disclosure of a commercial secret shall be recognized as intentional actions: - committed by employees of an economic entity in possession of the data constituting a commercial secret, or - committed by other natural persons or legal entities who have access to commercial information, or - those, who illegally acquired information, constituting a commercial secret, that have entailed premature disclosure, uncontrolled use and distribution, which have resulted in the encroachment upon the rights of the economic entity. Therefore, according to the Law illegal acquisition by the third party of the commercial information, unknown to him/her earlier, with regard to which the owner has undertaken the appropriate measures of protection, shall constitute infringement of the right to commercial secret. Breach of the legislation on commercial secrets shall entail civil, administrative and criminal liability. Methods of enforcement of civil rights are general procedure of enforcement of violated rights to commercial secret. The given procedure is enforced within the framework of general, i.e. judicial (tort) procedure. Civil rights are enforced by means of recognition of the right to a commercial secret, by claim to restore the circumstances which existed before the right was violated, and by cessation of actions which violate the right or create the threat of its violation, by claim to indemnify losses, and by means of other methods stipulated by Article 11 of the Civil Code of the Kyrgyz Republic. Administrative liability for disclosure of a commercial secret is provided in Article 314 of the Code on Administrative Liability of the Kyrgyz Republic. Sanction in the form of a fine shall be imposed for this administrative infringement. Articles 193 and 194 of the Criminal Code of the Kyrgyz Republic stipulate for two corpora delicti related to illegal acquisition and unauthorized disclosure of the information, constituting a commercial secret. The following acts are subject to criminal punishment: - collection of data, composing a commercial secret by theft of documents, bribery and threats to the persons, owing commercial secrets or their relatives, interception of information in communication means, illegal entering the computer system or network, illegal use of special means as well as by other illegal way with the purpose of disclosure or use of these data (Article 193 Criminal Code); - illegal disclosure or use of commercial secrets without consent of their owner by the person, who knows the secret due to the professional or service-related activity, causing significant damage (Article 194 Criminal Code).

Data submitted for obtaining the permission/approval to sell pharmaceutical and agricultural chemical products shall be protected from unfair commercial use and unauthorized disclosure, if these data meet the requirements set forth to the data constituting a commercial secret. Therefore, protection described in the answer to follow-up question 2 fully refers to the data submitted for permission of sale of pharmaceutical and agricultural chemical products.