| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
États-Unis d'Amérique |
27. Please describe in detail all of the civil remedies that are available to right holders under the laws of Fiji, citing to the relevant provisions of law or regulation.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
États-Unis d'Amérique |
28. Please describe in detail the provisional procedures and remedies available to right holders under the laws of Fiji, citing to the relevant provisions of law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
États-Unis d'Amérique |
29. Please describe in detail the procedures under the laws of Fiji that provide for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
États-Unis d'Amérique |
30. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
États-Unis d'Amérique |
31. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Fiji are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
États-Unis d'Amérique |
32. Please describe in detail how the laws of Fiji implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
États-Unis d'Amérique |
33. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. Please describe the provisions in the laws of Fiji that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of law or regulation.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Japon |
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4 of the TRIPS Agreement.
|
At present there are no exceptions or exemptions in place of the National Treatment and the Most Favored Nation Treatment under Fiji's Copyright and Neighbouring Right Law, although the power to do so is vested in the responsible Minister by way of regulations which he has not exercised as yet.
Performers' Rights (Part X)
Division 8 which governs the Extraterritorial Application of Part X of the Copyright Act 1999 (which deals with Performer's Rights), contains the relevant regulation making power.
"201-(1) The Minister may by regulations apply in relation to any country or place outside the Fiji Islands, any provision of this Part specified in the regulations.
(2) Regulations made under this section may -
(a) apply any provision of this Part subject to specified exceptions and modifications; and
(b) direct that any provision of this Part applies either generally or in relation to a specified class of performances
(3) The Minister must not make regulations under this section in relation to a country or place unless satisfied
(a) in the case of a country that it is a Convention country, or
(b) in either case - that reciprocal provision has been or will be made under the law of the country or place in respect of the class of performances to which the regulations relate."
Copyright (Part XIII - Division 3)
No exemptions or exceptions to the national treatment or most favoured nation treatment have been formulated as yet since the passage of the Copyright Act 1999, although the powers are vested on the Minister under it to do so by way of regulations, pursuant to section 227 (3) which stipulates:
"(3) Regulations made under this section may –
(a) apply any provision of this Act subject to specified exceptions and modifications; and
(b) direct that any provision of this Act applies either generally or in relation to a specified class of works, or other class of cases.
Section 227(4) of the Act stipulates:
(4) The Minister must not make any regulations under this section in relation to a country or place unless satisfied -
(a) in the case of a country that it is a Convention country; or
(b) in either case that provision has been or will be made under the law of the country or place, in respect of the class of works to which the regulation relates, giving adequate protection to copyright owners under this Act."
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
1. Please explain in detail how your legislation provides protection for geographical indications.
|
Fiji's current legislative framework does not prescribe protections for geographical indications.
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
2. Does your legislation grant patent protection to all categories of products or are there any exceptions? If so, please explain in detail what kind of exceptions exist and how they comply with Article 27 of the TRIPS Agreement.
|
At present, there are no exceptions, although pursuant to section 23 of the Patents Act allows the Attorney-General to make regulations for regulating procedure under this Act.
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory licensing, if a product is being imported)?
|
At present, the legislation does not address importation of patents.
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
4. Does your legislation make the granting of a compulsory license subject to all the conditions enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant provisions of law.
|
At present, the legislation does not address granting of a compulsory licence.
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
5. Does your legislation provide for the principle of the reversal of burden of proof in a process patent litigation? Please cite the relevant provisions of law.
|
At present the legislation does not make express provisions for the reversal of burden of proof.
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
6. Please explain in detail if your legislation ensures that undisclosed test or other data submitted by an applicant to the responsible State agency in the procedure for market authorisation of a pharmaceutical or of an agricultural chemical product is protected against disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, when applying subsequently for market authorisation for his own product. Does your legislation provide for exceptions to this? If yes, under what conditions would such exceptions apply? Does your legislation set a specific term of protection for undisclosed test or other data of the first applicant?
|
At present, there is no provision in the legislation for protection of undisclosed information.
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to infringements of intellectual property rights.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
Follow-up question 7
With regard to the issue of remedies in case of infringements of intellectual property rights, you refer to the responses you gave to the checklist of issues on enforcement (document IP/N/6/FJI/1). These answers, however, seem to deal only with copyright. Please give complementary information on remedies provided by your legislation in the other fields of intellectual property, which constitute effective deterrents to infringements of these rights.
|
Pursuant to sections 44 and 60 of the Trademarks Act, a person may bring a claim in the Fijian Court for alleged infringement of a trademark.
Under section 28 of the Patents Act, a person may bring a claim in the Fijian Court for being prejudicially affected by the issue of a certificate of registration.
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
8. Please describe any new initiatives that are planned to improve enforcement of intellectual property rights in your country, particularly initiatives related to criminal enforcement.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
Follow-up question 8
With regard to the issue of new initiatives that are planned to improve enforcement of intellectual property rights in your country, you refer to the responses you gave to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1). These answers, however, seem to deal only with copyright. Please give complementary information on new initiatives that are planned in your country to improve enforcement of rights in the other fields of intellectual property, and particularly initiatives relating to criminal enforcement.
|
At present, there have been no new initiatives to improve enforcement of patents and trademarks, however we are currently in the process of reviewing our laws on patents and trademarks.
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to infringements of intellectual property rights.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
| IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q3/FJI/1, IP/Q4/FJI/1 |
Fidji |
Suisse |
Follow-up question 7
With regard to the issue of remedies in case of infringements of intellectual property rights, you refer to the responses you gave to the checklist of issues on enforcement (document IP/N/6/FJI/1). These answers, however, seem to deal only with copyright. Please give complementary information on remedies provided by your legislation in the other fields of intellectual property, which constitute effective deterrents to infringements of these rights.
|
Pursuant to sections 44 and 60 of the Trademarks Act, a person may bring a claim in the Fijian Court for alleged infringement of a trademark.
Under section 28 of the Patents Act, a person may bring a claim in the Fijian Court for being prejudicially affected by the issue of a certificate of registration.
|
20/05/2016 |
|
