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 499 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Suisse 4. 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.
[No response received]
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Suisse 5. Please explain in detail if your legislation ensures that undisclosed and confidential test data 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 provide for a defined period of protection for undisclosed information / for such test data of the first applicant?
[No response received]
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade 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 accordance with section 14 of the draft legislation, the Government or an authorized person is allowed to exploit a patent if the public interest, in particular, national security, nutrition, health or development of other vital sectors of the national economy, so requires.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade 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 Copyright law of Grenada does comply with Article 9 of the TRIPS Agreement, by making provisions for all the areas covered in articles 1 through 21 of the 1971 Berne Convention.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 3. Please describe the protection accorded to authors of computer programs, databases or compilations of data.
Within Grenada's legislation, computer software is to be considered literary work. This gives the right holder the exclusive right to do, or authorize other persons to do, in Grenada or on any ship or aircraft registered in Grenada; adaptation, reproduction in any material form, publication, communication by cable, or the distribution of copies.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 4. Please state whether your legislation provides for a rental right and, if so, the works to which it applies.
Distribution is defined under the legislation as distribution to the public for commercial purposes, of copies of a work or production by way of rental, lease, hire, loan or similar arrangement. It applies to literary or musical work, sound recording and audio-visual production.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and broadcasting organizations under your legislation.
The Performers, producers of phonograms and broadcasting organizations are provided for under Part III of the copyright legislation, dealing with Neighbouring Rights. These right holders have the exclusive rights to do, or to authorize other persons to do, in relation to the production or a substantial part thereof, in Grenada or any ship or aircraft registered in Grenada the following: In the case of sound recordings, reproducing or distributing copies of it; In the case of an audio-visual production: - making a copy of it; - distributing copies of it; - causing it to be publicly performed; - broadcasting it; or - communicating it by cable. In the case of a broadcast: being a television broadcast in so far as it consists of visual images, making an audio-visual production of it or a copy of such production; being a sound broadcast or a television broadcast in so far as it consist of sounds making a sound recording of it or a record embodying such a recording; being either a television broadcast or a sound broadcast, re-broadcasting it or communicating it by cable.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade 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.
Section 34 of the copyright legislation provides for exceptions. The following acts do not constitute an infringement of copyright or neighbouring rights: - fair dealing with a protected work, production, performance or edition for purposes of research or private study: - fair dealing for purposes of criticism or review, whether of that or any other work, production, performance or edition, and accompanied by a sufficient acknowledgement; - fair dealing for the purpose of reporting current events; - recording, reproducing, or making a copy of a protected work, production, performance or edition, for the purpose of judicial proceedings or report of a judicial proceeding; - recording, reproducing, making a copy of or publishing a protected work, production, performance or edition by order of either House of Parliament for the exclusive use of the members of the House; - reading or reciting in public any reasonable extract from a published literary work, accompanied by a sufficient acknowledgement; - publication intended for the use of educational institutions, so described in the title and any advertisement issued by or on behalf of the publisher; - the reproduction by a teacher or pupil in the course of instruction; and - the performance, in the course of the activities of a school or other educational institution.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 7. Please state the terms of protection of each right described above and the work or subject matter to which it applies.
Copyright subsists in literary works, musical works and artistic works. This protection subsist in any protected work: (a) of which the author was a citizen of Grenada or domicile here, when the work was made or, if the making of the work extended over a period, was a citizen or domicile for a substantial part of that period; (b) in the case of a published work: - if the first publication took place in Grenada; or - if the author was a citizen of Grenada or domicile here when the work was first published; - if the author had died before publication but was a citizen immediately before his death. (c) in the case of an artistic which is a building or is incorporated in a building, if the building is erected in Grenada. Neighbouring rights subsist in sound recordings, audio-visual productions and broadcasting. The rights in this area subsist in every production: (a) in the case of a sound recording or audio-visual production; if the maker thereof was a citizen of Grenada or domicile here for the whole or a substantial part of the period during which the sound recording or audio-visual production was made. If the sound recording or audio-visual production has been published, and the first publication took place in Grenada. (b) in the case of broadcast, if the broadcast is made by a broadcasting organization in possession of a valid licence granted to it by or under the law regulating wireless telegraphy in force in Grenada.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade 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.
Section 65 of the copyright legislation states that where immediately prior to the commencement of this Act copyright subsist in Grenada by virtue of an earlier Act, such copyright shall continue to subsist.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 9. Please give the definition of a sign under your national legislation and explain under what conditions it is protectable.
Section 24 of the Draft Industrial Property Legislation, mentioned in out introductory remarks, defines a mark as, any visible sign capable of distinguishing the goods ("trademark") or services ("service mark") of an enterprise.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade 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.
Yes, services are protectable under the draft legislation. Also trade names that is defined as the name or designation identifying and distinguishing and enterprise.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade 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.
The mark must be capable of distinguishing the goods or services of one enterprise from those of other enterprises. It must not be likely of misleading the public or trade circles. If identical with, or is an imitation of or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, Intergovernmental Organization or Organization created by an international convention, will not be registered unless authorized by the competent authority of the State or Organization. If after its registration, the mark has not been used by the registered owner or a licensee during a continuous period of three (3) years or longer, the Court may by Order, on request, remove the mark from the register.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 12. Please confirm whether or not your legislation permits that the registration of trademarks be indefinitely renewable.
Section 36 of the draft legislation permits the registration of trademarks to be indefinitely renewable.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 13. Please describe the special requirements, if any, prescribed by your legislation concerning the use of a trademark.
The draft legislation states that a mark must be in continuous use, if not in use during a continuous period of three years an interested person may request the Court to order the removal of the mark from the register.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 14. Please explain whether or not your trademark registration authority refuses a trademark application if it contains a geographical indication.
There is no legislation dealing with this area.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 15. Please give the definition of a geographical indication in your legislation.
There is no legislation dealing with this area.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 16. Please describe and explain the provisions of your legislation establishing a link, if any, between the characteristics of an indication and its geographical origin.
There is no legislation dealing with this area.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 17. Please describe how additional protection is granted by your legislation to wines and spirits. Please mention other types of products, if any, covered by this additional protection.
There is no legislation dealing with this area.
08/06/2004
IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 Grenade Union européenne 18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your jurisdiction. Please provide examples of the use of the exceptions by courts or lists of names considered as generic in your jurisdiction.
There is no legislation dealing with this area.
08/06/2004

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