Liste de questions concernant les moyens de faire respecter les droits au titre de l'article 63:2 de l'Accord sur les ADPIC ‒ Afficher les détails du document


a) Procédures et mesures correctives judiciaires civiles

b) Procédures et mesures correctives administratives

a) Mesures judiciaires

b) Mesures administratives

2 Opposition proceedings are covered by Article 62 of the TRIPS Agreement. Except in the case of trademarks, opposition proceedings may be initiated for reasons other than that of a conflict with a prior right.

3 Patent applications concerning inventions in the fields of textile fibre processing and time measurement technology (Article 87 et seq. LBI) are subject to prior examination. This examination was abolished with effect from 1 October 1995. The provisions relating to such applications, including those connected with the opposition procedure, have been maintained for applications which are still pending.

4 According to the “in majore minus” principle the judge may confiscate articles made or used illegally as well as instruments, tools and other resources intended mainly for their manufacture. See reply 5.3. He may also order the provisional seizure of these articles.

5 The current Federal Law on the Protection of New Plant Varieties provides for a period of 60 days. This period will be reduced to 30 days in the draft amendment at present being prepared.