Examen de la législation d'application de l'Accord sur les ADPIC ‒ Recherche

Réinitialiser
 
 

Aux termes de l'article 63:2 de l'Accord sur les ADPIC, les Membres doivent notifier les lois et réglementations qu'ils auront rendues exécutoires, et qui visent les questions faisant l'objet de l'Accord, au Conseil des ADPIC pour l'aider dans son examen du fonctionnement de l'Accord.

Cette page vous permet d'effectuer une recherche dans les questions et réponses des Membres au sujet des lois et réglementations notifiées. Vous pouvez consulter les résultats de la recherche à l'écran ou les télécharger afin de les imprimer au format Excel. Vous pouvez également télécharger des documents spécifiques.

* Vous n'êtes PAS obligé(e) de sélectionner tous les champs de recherche ci-dessous (uniquement les champs qui sont pertinents pour votre recherche).
* Veuillez noter que les critères de recherche sélectionnés sont cumulatifs et figureront tous dans les résultats de votre recherche.


Page 13 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Suisse 8. What term of protection does your legislation provide for patents? Does that term apply to all products and processes?
The term of patent protection is 15 years renewable for 5 additional years in accordance with the current law. The draft amendment will provide a protection for 20 years as referred to in TRIPS Article 33.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Suisse 9. 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.
The existing Patent and Designs Law No. 44 (1992) does not provide for the principle of the reversal of burden of proof in a process patent litigation. However, the Draft amendment envisages the introduction of this principle in order to conform to Article 34 of the TRIPS Agreement. The new Article provides that in case of litigation concerning process patent, the court shall have the authority to order the defendant to prove that the manufacturing process, which he has used, is different from the patented process protected by a patent.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Suisse 10. 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?
The 1992 Patent and Industrial Design Law No. 44 (Articles 39-42) governs the protection of know-how. According to this Law, protection of undisclosed information related to the know-how should ensured through a contract concluded for this purpose. In all cases, the holder shall take the necessary steps to preserve the confidentiality of its information. The Civil Service Act prevents from any disclosure of information made by the public servant. Article 39 of the 1992 Patent and Industrial Design Law No. 44 indicates that know-how is protected against any unlawful use, disclosure or communications by third parties unless it has been published or made available to the public.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Suisse Follow-up question: Referring to the issue of unfair commercial use of data submitted by an applicant to the responsible authorities in the procedure for market authorization of a pharmaceutical or of an agricultural chemical product, please explain in detail if your legislation explicitly prohibits a second applicant from relying on, or from referring to the original data of the first applicant, when applying subsequently for market authorization for his own product. Does the responsible State Agency require the same amount of data from the second applicant as from the first applicant?
The 1992 Patent and Industrial Designs law No. 44 defines in its Article 1 "know-how" as the technical information, data or knowledge that result from professional experience and are applicable in practice. Article 39 states that know-how shall be protected against any unlawful use, disclosure or communication by third parties unless it has been published or made available to the public. The same Article states clearly that in order to enjoy protection, the owner of the know-how shall take the necessary steps to preserve the confidentiality of its elements. Article 42 of the above-mentioned Law provides for a provision ensuring that a third party will not be allowed to use disclose or communicate any element of know-how without consent of its owner. The same Article states that any of these acts shall be deemed an unlawful act, provided that the person committing the act was aware of the confidential nature of the know-how or could not have ignored such nature. Furthermore, the Bylaws of the 1992 Patent Law (The 1993 Decision No. 11 of the Ministerial Council) lays down procedures required to ensure the protection of know-how as well as its contracting aspects. As regards pharmaceutical products specifically, the Law No. 4 of 1983 related to pharmaceutical institutions and pharmacy profession and its Bylaws provide for establishment of a Committee in charge of pharmaceutical registration and pricing. All the confidential information submitted to it must be kept confidential, provided that it is confidential and the owner has undertaken the necessary steps to keep it confidential.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Suisse 11. Please indicate remedies provided by your legislation, which constitute effective deterrents to infringements of intellectual property rights.
The three intellectual property rights-related laws provide for measures aimed at preventing violation of intellectual property rights. - the 1992 Trade Marks Law No.37 in its Chapter VI on Penalty (Articles 37-43); - the 1992 Copyright Law in its Chapter VIII (Articles 38-44) on Penalty; - the 1992 Patent and Design Law in its Chapter V on Preventive Measures, Offences and Penalty (Articles 58-61) lay down measures to prevent any infringement or unlawful act which violate rights of the owner of intellectual property.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Suisse 12. Please describe any new initiatives that are planned to improve enforcement of intellectual property rights in your country, particularly initiatives related to criminal enforcement.
These laws also provides for remedy measures like preventive seizure, confiscation, destruction of products and equipment as well as removing of the effects of the illegal acts and compensation.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 1. Please describe if your legislation includes measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and technological development as mentioned under Article 8 of the TRIPS Agreement. If yes, please explain how such measures are consistent with the provisions of the TRIPS Agreement.
In addition to specific laws related to the protection of public health and nutrition, including the Anti-fraud and Defraud Law, Civil Law, the 1992 Patent and Design Law No. 44 in Section one on Patents and Utility Certificates (Article 6) stipulates that neither a patent nor a utility certificate shall be granted for the following: - plant or animal research, or biological processes for the production of plants or animals, with the exception of microbiological processes and products thereof, - chemical inventions related to foodstuffs, drugs or pharmaceuticals, unless such products are made by means of special chemical process, in which case protection shall extend only to the process and not to the products of the processes, - scientific principles and discoveries, - inventions related to national defense, - inventions, which, if disclosed or exploited, would be contrary to public policy and morality. It is to be noted however that, in order to be consistent with the provisions of the TRIPS Agreement, the draft amendment of the 1992 Patent and Design Law No. 44 will introduce new elements by eliminating the mention of the second above-mentioned sub-paragraph (ii) as exception from granting patent. In addition, the amendment will introduce diagnostic, therapeutic and surgical methods for the treatment of humans or animals among exceptions from granting patent as provided for in Article 27 of the TRIPS Agreement. Furthermore, Section two of the 1992 Patent Law provides for compulsory licences and the reasons of obtaining them in addition to the procedure stipulated in Article 29 under which they are granted. These provisions are also amended to bring the above-mentioned Law in conformity with Articles 30 and 31 of the TRIPS Agreement and to facilitate reading and understanding thereof. The new elements introduced through the amendment are mainly related to the non-exclusivity of compulsory licenses, their restriction to the local market, and the fair compensation for the patent owner. The efforts to be exerted within reasonable period of time for obtaining voluntary license, the prohibition to transfer compulsory licenses and other conditions are also introduced through the amendment to conform to the TRIPS provisions. The public emergency, the public interest and non-commercial uses are also mentioned as grounds of granting compulsory licences.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 2. Please state how your legislation provides for the protection of the exclusive rights of authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne Convention (1971)).
The 1992 Copyrights Law No. 40 lays down provisions to protect the exclusive rights of authors in relation with their literary and artistic works and determine the scope of the protection. The 1992 Copyrights Law, Articles 37-44, provides for preventive measures and penalty including confiscation, the closing of the institution violating copyright and prison and compensation. The draft amendment will provide additional measures to allow enforcement of copyrights as referred to in the TRIPS Agreement. The obligations contained in Article 9 of the TRIPS Agreement (Berne Convention Articles 1-21 except Article 6bis) will be met through the extension of the scope of copyright in terms of categories and subjects covered as well as the nature of the protection.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 3. Please describe the protection accorded to authors of computer programs, databases or compilations of data.
The 1992 Copyrights Law No. 40 protects computer programs. Article 2 of this law mentions computer programs under the scope of protection. As mentioned in the answer to question no. 2, Articles 37-44 provide for preventive measures and penalty in order to enforce and protect the owner rights, including computer programs. The draft amendment will bring computer programs applications as well as databases into the scope of copyright protection. It will introduce in clear terms the exclusive rights to exploit literary works, including computer programs, databases and compilation of data.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 4. Please state whether your legislation provides for a rental right and, if so, the works to which it applies.
The rental right is available under the existing law through the right of free exploitation provided for in Article 14 of the 1992 Copyright Law. The rental right applies to all copyrights except for the computer program if the program does not constitute itself the main subject of the rental. It does not apply also to cinematography works unless the rental right is affecting their normal exploitation.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and broadcasting organizations under your legislation.
The 1992 Copyright Law includes the rights of producers of phonograms and broadcasting organisations under the protection of copyrights. However, the broadcasting of normal news and events do not fall under the umbrella of the protection unless they are assembled an innovative way or were subject to a personal effort that deserves protection.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 6. Please state whether your legislation provides for any limitation or exception in relation to each of the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
The protection doesn’t cover just ideas, procedures, methods of work or function, concepts, principles, inventions and information as such even when they are expressed or explained or clarified or included a copyright. The protection does not cover also official documents regardless of their original language or the language to which is translated. The broadcasting of normal news and events does not benefit from the protection unless they are assembled in an innovative manner or subject to a personal effort that deserves such a protection as mentioned above.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 7. Please state the terms of protection of each right described above and the work or subject matter to which it applies.
The term of protection of copyrights and neighbouring rights is determined as follows: - As regards the author rights, the term of protection is determined by the period of life of the owner and 25 years after his death. The draft amendment will extend this period to 50 years as referred to in the TRIPS Agreement. - The term of protection of the rights of the joint authors is determined by their period of life and 50 years begin from the date of the death of the last surviving author. - The term of protection of the authors of collective works except the authors of applied arts is 50 years begin from the date of the first publication. - The term of protection of the rights of the authors of the applied artwork is 25 years from the date of their publication. - The term of protection of the rights of the performers is 50 years from the date of the Accomplishment of the work performed. If the performance was fixed in a phonogram the period would be calculated from the end of the year in which the fixation was made. - The term of protection of the rights of the producers of phonograms is 50 years from the date of publication or fixation if it was not published. - The term of protection of the rights of the broadcasting organisations is 20 years from the next year to the year in which the first transmission of the program was made.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement.
The 1992 Copyrights Law Articles 38-44 provides for preventive measures and penalty including confiscation, the closing of the institution violating copyright and prison measures and compensation. The draft amendment will provide more detailed measures to enforce copyrights as referred to in the TRIPS Agreement. The obligations arising from Article 9 of the TRIPS Agreement (Berne Convention Articles 1-21 except Article 6bis) will be met through the extension of the scope in terms of the various categories and subjects of copyright as well as the nature of the protection. Furthermore, the amendment envisages to state that in case of conflict of laws the provisions of the law shall apply on the works, performances, phonograms, broadcasting programs related to foreigners on conditions of reciprocity, and without prejudice to the provisions of the international agreements to which the UAE is party.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 9. Please give the definition of a sign under your national legislation and explain under what conditions it is protectable.
The 1992 Trademarks Law No. 37 defines in its Article 1 a sign as a drawing which can be seen and which constitutes one element. Article 2 of the same law considers as trademark, among others, signs, which take a particular form if they are used to distinguish goods, products or services, or to indicate that the products, goods or services are the properties of the owner of the mark.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 10. Please confirm whether or not services are a protectable subject matter in your trademark law. Please confirm if signs, such as trade names, are protectable. Please describe if elements such as sound, perfumes and containers are protectable.
The 1992 Trademarks Law provides for protection of services-related trademarks in the same conditions of the protection of goods-related trademarks. The sign is protected if it constitutes a trademark as explained in the answer to question no. 9. The sound constitutes an element of the trademark if it accompanies the trademark.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 11. Please explain what the requirements of use are, if any, as a condition for a trademark registration. Please explain the definition of use and the conditions of maintenance of a registration in that respect.
Article 22 of the Trademarks Law allows the court to decide on the deletion of the registration of a trademark if it was determined that the mark has not been used effectively during five years unless the owner justifies the non-use of the trademark. The amendment of this article will further clarify this situation by adding that the non-use of the trademark should not be a reason of the deletion if it is outside of the power and the will of the owner.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 12. Please confirm whether or not your legislation permits that the registration of trademarks be indefinitely renewable.
Article 19 of the Trademarks Law permits that the registration of trademarks be indefinitely renewable.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 13. Please describe the special requirements, if any, prescribed by your legislation concerning the use of a trademark.
The 1992 Trademarks Law in its Article 3 prohibits the registration of marks that are contrary to the morality or to the public order. The marks aimed at confusing the public with regard to the origin of the goods or services or including counterfeit or fraud, etc are not permitted. The by-law of the 1992 Trademarks Law defines administrative requirements under which a trademark is registered.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Union européenne 14. Please explain whether or not your trademark registration authority refuses a trademark application if it contains a geographical indication.
The Trademarks Law allows the trademarks registration authority to refuse a trademark application if it contains a geographical indication that its use leads to confuse the public with regard to the origin of the related goods or services.
02/02/2004

Page 13 de 677   |   Nombre de documents : 13533

 
Réinitialiser