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

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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 493 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 52. Please quote provisions of your legislation that authorize judges to order a defendant to desist from an infringement.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 53. Please quote what provisions of your legislation authorize judges to order the payment to the right holder of adequate damages to compensate the injury he suffered.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 54. Please quote what provisions of your legislation authorize judges to order the payment of the right holder's expenses by the infringer.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 55. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 56. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 57. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 58. Please identify the competent authorities in your jurisdiction who receive requests from right holders for an application to suspend the release of counterfeit goods by the customs authorities.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 59. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 60. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 61. Please indicate whether or not your legislation provides for a de minimis imports exception.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 62. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
See Argentina's communication in response to question 49.
14/12/2003
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Canada 1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
The three following 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 unlawful act which violate the owner right of intellectual property. These laws also provide 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. Damages compensation for the holder of rights The 1992 Trade Marks Law, Articles 40 and 43, and Patent Law, Article 61, provide for compensation. The Civil Transactional Law also provides for compensation. Other remedies The 1992 Trade Marks Law, Articles 41-43, provides for measures to remove goods outside the channels of commerce through the seizure and confiscation procedures. The removal of trademark and the product and equipment if needed. The 1992 Patent Law, Articles 58-61, provides for the same provisions. The 1992 Copyrights Law, Article 43, provides for confiscation measures and the closing of the institution violating copyright. The draft amendment will provide more detailed measures to enforce copyrights as reflected in the TRIPS Agreement. Right of information Article 41 of the Trade Marks Law provides that the court could order, within the procedure of seizure, to provide information on the third persons involved in the production and distribution of the infringing products. Judicial appeal The 1992 Trade Marks Law, Article 40, provides for the possibility for the owner of a trademark to access to the judicial procedures in order to enforce its rights. The Civil Transactions Law Article 282 provide the owner with the right of appeal through the judicial system in order to enforce its rights. The Evidence Law provides for an equitable and fair access to judicial procedures. The balance of the rights and obligations of both parties' claims and the opposing party is ensured. The basic principle of this law is that the claimant must provide evidence to substantiate his claim and the evidence must be relevant to the action. The court can order the evidence be produced if it is under control of the opposing party. The court can also call on the party to question him regarding the changes or alterations made to the element of evidence. Compensation for the opposing party The Civil Transactional Law provides for compensation for the opposing party who has been subject to abusive procedures relating to enforcement. Preventive customs procedures Customs Departments are allowed to take measures at the borders to prevent any violation of intellectual property rights in accordance with the above-mentioned laws as well as under Customs regulations. These measures could be taken either following the demand of the right holder or the judicial order.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Canada 2. What protection does your copyright legislation afford to "foreign works"?
The 1992 Copyrights Law, Articles 37-44, 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. Computer programs are protected by the 1992 Copyright Law No. 40. Article 2 of this law mentions computer programs under the scope of protection. The draft amendment will introduce under the above-mentioned scope computer programs applications as well as compilations of data. The rental right is available under the existing law through the right of free exploitation provided for in the Article 14 of the 1992 Copyright Law. The draft amendment will introduce clearly the exclusive rights to exploit, under the rental right, literary works, including computer programs and cinematography work. The term of protection of copyright other than photography work 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.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Canada 3. Please describe if there are any administrative procedures which are prerequisites for obtaining copyright protection, and if so, how do they comply with TRIPS obligations.
The 1992 Copyrights and Neighbouring Rights law No. 40 stipulates in its Article 4 that the copyrights shall be registered in the Ministry of Information and Culture and non-deposit of the work does not prejudice any of the protection aspects of the rights decided by the law. Article 33 stipulates that the Ministry of Information and Culture establishes a system for registration of copyrights and any actions that will occur on them. The bylaw of the 1992 Copyrights Law indicates the administrative procedures to be followed by the owners in pursuing depositing or registering actions.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis Canada 4. Please describe under what circumstances "fair use" exceptions apply to copyright protection, and is this in line with TRIPS obligations.
The 1992 Copyrights Law No. 40 determines in its Article 14, as follows, the actions allowed without the consent of the owner of copyright: - the personal use of the work through copying or translating it. - The use of the work in the educational system with the purpose of the clarification through copies, programmes and reproductions for educational, cultural and religious purposes. The use must be in the necessary limit, provided that this will not seek any monetary profit and the name of the author and the origin of the work be indicated. - Quotation of paragraphs with the purpose of clarification, explanation and criticism and to the extent usually observed and necessary to reach the set objective, provided that the name of the author and the origin of the work be indicated. - Copying information and political, economic, social, cultural and religious press articles related to current events and their publication by newspapers as well as broadcasting works of like nature provided that the origin be mentioned. - Copying any audio or visual work relating to current events presented in broadcasting news and publishing it in the limit of the set objective and with the mention of the name of the author. - Public libraries, non-commercial documentation centers, educational and cultural and scientific institutes may copy protected works in the limit of the necessary needs, provided that this will not prejudice the author’s rights. - Newspapers and other news agencies may publish presentations made during judicial procedures and other similar works presented to the public, provided that the name of the author be mentioned. The amendments of the 1992 Copyrights law envisage reorganizing these provisions to cope with the TRIPS Agreement. The envisaged amendments are presented as follows: Without prejudice to literary rights of the author stipulated in the mentioned law, the author after the publication of his work must not prohibit a third person to perform one of the following acts: - To make a sole copy from the work for the merely non-commercial or professional but personal use, except the works of the fine and applied arts unless were located in public place. The works of architecture are also excepted. - To make a sole copy of computer programme with acknowledgement of its legitimate acquisitor who has a unit to derive from, provided that such act occurs in the limits of the licensed purpose or the purpose to retain or substitute at the time of losing the original, been damaged or became invalid to use. - Copying protected works to use them in judicial procedures or analogous to them within the limits required by such procedures provided that the source and the author name be mentioned. - Taking a sole copy of the work with acknowledgement of records house or archives, libraries, or documentation centers who do not seek direct or indirect profit all in the following two cases: (i) copying must be for the purpose of preservation of the original, or to exchange it for a lost, destroyed unsuitable to use or unobtainable copy against reasonable conditions; (ii) the purpose for copying must be in reply to application by a natural person to use it for research or study provided that it must be granted for one time or for interrupted periods of time provided that obtaining a license became impossible in accordance with the provisions of the law. - Quotation of short paragraphs, derivation or reasonable analysis of the work for the purpose of criticism, discussion, or information provided mentioning the source and the author’s name. - Performing the work in family meetings or by students in an educational institute against no direct or indirect remuneration. - Presenting the fine arts, applied and plastic arts works or architectural works in broadcasting programmes, if such works are permanently present in far places. - Reproduction of written, sound or audio-visual short excerpts for cultural, religious, educational or vocational training purposes provided that copying be in reasonable limits of its purpose and that the name of the author and the title of the work be mentioned wherever is possible and that the copying authority does not aim at direct or indirect profit and that license for copying was unobtainable in accordance with the provision of the law. Also under the same amendments, the author has no right to prohibit the copying made by newspapers, periodicals, broadcasting organizations within the limits justified by the aimed purpose to publish any of the following: - Excerpts of his available works to the public in a legal manner. This applies also on communicating excerpts from audio or visual works during current events, broadcasting or communicating them to the public by any other medium. The source and author’s name must be mentioned. - The published essays relating to discussion of issue preoccupying the public opinion in certain time, as long as no notification of prohibition was served at the time of publication provided that the source and author’s name must be mentioned. - Addresses, lectures, speeches recited in open sessions of parliamentary or judicial councils and public meetings as long as such lectures and speeches are addressed to the public and copied within the limits of copying the current news. All these restrictions on the economic rights of the authors are applied on the holders of neighbouring rights.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 1. Please describe, in relation to each form of intellectual property covered by the TRIPS Agreement, including plant variety protection, the manner in which nation treatment and most favoured nation treatment are provided to nationals of other WTO Members.
The 1992 Patent Law in its Article 2 provides that the provisions of this Law shall not contravene any international convention or treaty to which the UAE is a party, and which governs the rights of the nationals of the contracting States as well as the rights of the persons who are treated as such. Foreigners to whom the preceding paragraph does not apply shall have the same rights as are the nationals under this law, provided that they have the nationality of a state which applies the reciprocity principle to the UAE.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 2. Please explain whether and how the copyright law of the United Arab Emirates complies with Article 9 of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article under the TRIPS Agreement.
The 1992 Copyrights Law, Articles 37-44, 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.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 3. Please explain how the copyright law of the United Arab Emirates protects computer programs as literary works and complications of data as required by Article 10 of the TRIPS Agreement.
Computer programs are protected by the 1992 Copyright Law No. 40. Article 2 of this law mentions computer programs under the scope of protection. The draft amendment will introduce under the above-mentioned scope computer programs and their applications as well as compilations of data.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and cinematographic works be available. Please cite to the corresponding provision of the copyright law of the United Arab Emirates.
The rental right is available under the existing law through the right of free exploitation provided for in the Article 14 of the 1992 Copyright Law. The draft amendment will introduce clearly the exclusive rights to exploit, under the rental right, literary works, including computer programs and cinematography work.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 5. Please state the length and terms of protection the copyright law of the United Arab Emirates provides for a work other than a photographic work or a work of applied art and cite to the relevant provision of law.
The term of protection of copyright other than photography work is determined by the period of life of the owner and 25 years after he dead. The draft amendment will extend this period to 50 years.
02/02/2004

Page 493 de 677   |   Nombre de documents : 13533

 
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