As stated above, Section 3A provides that "it is not an infringement of patents in pharmaceuticals for any person to make, construct, use or sell the patented invention in respect of a pharmaceutical product or substance, solely for uses reasonably related to the development and submission of information required under any law of the Fiji Islands or of another country that regulates the manufacture, construction, use or sale of such pharmaceutical product or substance."

At present, the Patents Act does not provide for compulsory licensing.

At present, the Patents Act does not provide for a proposed user to obtain authorization from a right holder.

At present, Section 4 of the Patents Act only allows 14 years of patent protection and there are no additional protections after this period has lapsed.

The Patents Act does not provide for enhanced protection of patents or patent applications pending on 01/01/1995.

The Patents Act does not provide for the reversal of burden of proof.

Response to Questions 39 to 42). At present, the legislation does not provide for topographies.

Response to Questions 39 to 42). At present, the legislation does not provide for topographies.

Response to Questions 39 to 42). At present, the legislation does not provide for topographies.

Response to Questions 39 to 42). At present, the legislation does not provide for topographies.

(Response to Questions 43 and 44). At present, the legislation does not address protection of undisclosed information

(Response to Questions 43 and 44). At present, the legislation does not address protection of undisclosed information

While sections 58 to 61 of the Copyright Act prescribe the use of copyright material by the State, rights of third parties in respect of State use, proceedings against the State, and Acts done under statutory authority, at present the legislation does not define data submitted to governments or governmental authorities.

Pursuant to section 109 of the Trade-marks Act, an infringement of copyright is actionable by the copyright owner. Reliefs are obtained by way of damages, injunctions, accounts, or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right. Furthermore, section 111 prescribes delivery up in civil proceedings if a person has possession, custody or control of an object specifically designed or adapted for making copies of a copyright work and that object has been used or is to be used to make infringing copies. In addition, section 112 allows the copyright holder or a person authorized by the copyright owner to seize and detain an infringing copy of a work which is found exposed or otherwise immediately available for sale or hire. Section 113 extends the rights of exclusive licensee's the same right and remedies under sections 109, 110, 111 and 112, after the grant of a license, as if the license were an assignment. Please note that under the Patents Act, infringement action can only be brought to the high court for UK patents

The TM Act prescribes under section 11 that in the case of refusal or conditional acceptance by the Solicitor-General to register a trade-mark, shall be subject to appeal to the high court. Further, the Act provides under section 13(5) that the decision of the Solicitor-General after hearing parties on opposition to registration, shall be subject to appeal to the high court. Also, section 32 provides that where a person is entitled by assignment, transmission or other operation of law to a registered trade-mark, he or she shall make an application to the Solicitor-General to register his or her title. Any decision of the Solicitor-General under this section is also subject to appeal to the court. Under the Patents Act, section 13 provides that the Attorney-General's decision in refusing a provisional certificate can be appealed to the court. Further, under section 15, if a person opposes an application for a letters patent, if the decision of the Attorney-General is adverse to the party holding the provisional certificate, that person may appeal such decision to the court.

Section 213 of the Copyright Act allows the Tribunal to issue a witness summons to a person requiring the person to appear before the Tribunal to give evidence. Failure to attend incurs a penalty of $2000.00. At present, neither the Patent Act nor Trade-mark Act contain provisions which authorize judges to order production of evidence. The Patents Act at present has no provision on the protection of confidential information.

Under the Copyright Act, the court can order injunctions pursuant to sections 109(2), 110(3), 115(3) and 191(a).

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.