IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
3. 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 Guyana.
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In the 1956 Act please refer to Section 12(5), (7), (10) and 13 as it relates to rental. In the 1999 Bill please refer to Section 78.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
4. Please state the length and terms of protection the copyright law of Guyana provides for a work other than a photographic work or a work of applied art and cite to the relevant provision of law.
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Copyright shall subsist until the end of the period of fifty years from the end of the calendar year in which it was first published with respect to sound recordings, cinematography, television broadcasts, sound broadcasts and literary, dramatic and musical works and twenty-five years with respect to published editions of works. Please refer to the following sections in the 1956 Act with respect to terms of protection of copyright in Sections 5, 6, 7, 8:
- Sound recordings – Section 12
- Cinematography – Section 13
- Television Broadcasts – Section 14
- Sound Broadcasts – Section 14
- Published editions – Section 15
- Literary, dramatic and musical works – Section 2
In the 1999 Bill please refer to Sections 5 – 13.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
5. Please describe the protection the copyright law of Guyana provides for performers, and the term of the protection.
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In the 1956 Act, with respect to protection of performers, please refer to Sections 5, 6, and 7(6). Section 48(1) and (5) explains the meaning of performance. In addition please refer to the response in question 4.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms. Please describe how the copyright law of Guyana implements these obligations and indicate the term of protection.
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Please refer to Section 12 of the 1956 Act as it relates to copyrights in sound recordings and Sections 11 and 12 of the 1999 Bill.
The right to authorize or prohibit reproductions or commercial rental is implied. Please refer to Sections 15, 16, 19 20, 32, 33 and Part IV.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
7. Please describe the subject matter that can comprise a trademark under the trademark law of Guyana.
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Please refer to Section 2(1) of the Trademarks Act Cap 90:01, in particular note the definition of "Trademark" and "mark". In addition refer to the third schedule of that Act.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
8. Please describe the procedure that must be followed to register a trademark in Guyana, citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
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The procedure for registering a trademark can be found in Sections 19-21 of Cap 90:01. Section 23 thereof refers to the registration of parts of trademarks and of trademarks as a series. Also refer to rules 21-60 of the trademarks rules found at the end of the act, Section 39 and the schedule immediately following Section 76 of the trademarks Act.
The owner of a registered trademark has exclusive rights to the use of the trademark, please see Section 6, and 30 of Cap 90:01.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
9. Please provide the length and terms of protection that the trademark law of Guyana provides for a trademark.
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The act provides for seven years of protection and registration can be renewed. Please refer to Section 22. The terms of the protection are provided for in Sections 5, 6, 8 and 9.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
10. Please explain whether well-known service marks are granted the same protection as well-known trademarks under the laws of Guyana, as required by 6bis of the Paris Convention and Article 16.2. of the TRIPS Agreement.
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Please refer to rules 5 and 20 of the Trademark Act.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
11. Please explain whether use is required to maintain a trademark registration in Guyana. If use is required, please confirm that a registration may be canceled only after an uninterrupted period of at least three years of non-use, as required by Article 19.1 of the TRIPS Agreement.
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Please refer to Section 28, which provides that use is required to maintain a trademark registration.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
12. Please describe in detail how the laws of Guyana provide for the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
13. Please describe in detail the manner in which the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of geographical indications for such products.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
14. Please confirm that there are legal means for interested parties to prevent use of a geographical indication identifying wines or spirits not originating in the place indicated by the geographical indication in question and indicating all relevant laws and regulations.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
15. Please describe the procedure that must be followed to obtain protection for industrial designs, citing to the provisions of the law of Guyana, and describe the nature of the protection provided.
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Designs must be registered in order for them to be protected. Registration of designs is dealt with in The Patents and Designs Act Cap 90:03. Please note that Section 2 of that act defines the word "designs" to include industrial process or means. The requirement for registration is set out in Sections 62 – 65.
In accordance with Section 3 regulations were made by the minister, please refer to rules 13 34 of the Designs regulations in Cap 90:03 for the procedure to register designs.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
16. Please describe the procedure that must be followed to obtain protection for textile designs and cite to the relevant provisions of law or regulation.
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Please refer to the information for question 15. Also refer to the third schedule of Cap 90:03.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
17. Please describe in detail the way in which the patent law of Guyana implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection for micro-organisms and non-biological and microbiological processes and plant varieties. Please cite to the relevant provisions of the law.
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Please refer to Section 3(1) of Cap 90:03 and Section 29(2) (q) and 44.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
18. Please describe in detail the rights provided patent holders under the patent law of Guyana and cite to the relevant provisions of law.
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Please refer to the following sections regarding rights of patents holders, Sections 13, 21, 22, 24, 29 (2) (b), 33, 35, 39 and 41.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
19. Please describe in detail any provisions in the laws of Guyana permitting unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur.
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Please refer to Section 37 and 38 of Cap 90:03 as it relates to unauthorized patents.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
20. What term of protection does the patent law of Guyana provide for patents? Please describe any provisions for extension of the term of protection and cite to the relevant provisions of the law.
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Please refer to Section 21 and 22.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
21. Please describe in detail the protection for layout-designs of integrated circuits provided under the laws of Guyana, including the term of protection, and cite to the relevant provisions of law.
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11/02/2004 |
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IP/Q/GUY/1, IP/Q2/GUY/1, IP/Q3/GUY/1, IP/Q4/GUY/1 |
Guyana |
États-Unis d'Amérique |
22. Please describe in detail how the laws of Guyana provide for the protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of law.
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11/02/2004 |
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