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).
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Page 501 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Barbados provide this authorization, citing to the relevant provisions of law or regulation.
Please refer to the Supreme Court of Judicature Act Cap. 117 and the Rules of the Supreme Court, both of which were notified to the TRIPS Council. Under the Rules of Court, in the absence of mutual discovery and inspection of documents, a party may obtain an interlocutory order requiring the opposing party to make discovery of documents (including particular documents) which are or have been in the possession, custody or power of that party. The Court may also order inspection and production for inspection and order discovery by interrogatories. [See generally Orders 24-27 of the Barbados Supreme Court of Judicature Rules, issued under the Supreme Court of Judicature Act Cap 117 notified to the TRIPS Council in 2001.] Please also refer to Barbados's responses to the Checklist of Issues on Enforcement (document IP/N/6/BRB/1).
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 25. Please describe in detail the all of the civil remedies that are available to right holders under the laws of Barbados, citing to the relevant provisions of law or regulation.
Please refer to Barbados's responses to the Checklist of Issues on Enforcement (document IP/N/6/BRB/1) which describes in much detail the civil and administrative remedies available to rights holders under the applicable intellectual property rights statutes and the relevant other laws. In particular, attention may also be had to the following: (a) Section 7 of the Geographical Indications Act, 1998-22; (b) Sections 42-47 of the Protection of New Plant Varieties Act, 2001-17; (c) Section 16 of the Integrated Circuits Act, 1998-21 as amended; (d) Section 56 of the Patents Act, 2001; (e) Section 32 of the Copyright Act, 1998; (f) Section 3 of the Protection Against Unfair Competition Act, 1998; (g) Sections 38-47 of the Trade Marks Act, 1981 (as amended).
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 26. Please describe in detail the provisional procedures and remedies available to right holders under the laws of Barbados, citing to the relevant provisions of law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.
Please refer to Barbados's responses to questions 5, 10, 11 and 12 of the Checklist of Issues on Enforcement (document IP/N/6/BRB/1) which describe in much detail the provisional procedures and remedies available to rights holders under the applicable intellectual property rights statutes and the relevant other laws. In particular, attention may also be had to the following: (a) Section 7(2) of the Geographical Indications Act, 1998-22; (b) Section 45 of the Protection of New Plant Varieties Act,2001-17; (c) Section 16(2)(a) of the Integrated Circuits Act, 1998-21 as amended; (d) Section 52 of the Patents Act, 2001; (e) Section 32 of the Copyright Act, 1998; (f) Section 3 of the Protection Against Unfair Competition Act, 1998; (g) Sections 38-40 of the Trade Marks Act, 1981 (as amended).
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 27. Please describe in detail the procedures under the laws of Barbados that provide for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
Please refer to the Copyright Act, section 49, and the Trade Marks (Amendment) Act, 2001-16, sections 53A – 53M (as contained in section 14 therein) for detailed procedural requirements for the exercise of this enforcement mechanism. For the purposes of both Acts, the Comptroller of Customs is the competent authority.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 28. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
The procedures implement Article 51 of the TRIPS Agreement and accordingly only relate to trademark counterfeiting and copyright piracy. The border enforcement measures are therefore not specifically extended to other intellectual property.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Barbados are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
The Comptroller is not empowered to act ex officio.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 30. Please describe in detail how the laws of Barbados implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.
Please refer generally to Barbados's responses to the Checklist of Issues on Enforcement (document IP/N/6/BRB/1) for a description of the remedies available. See also sections 50A-50E of the Trade Marks (Amendment) Act, 2001-16 for the criminal procedures and remedies to be applied in cases of wilful trademark counterfeiting. See also sections 132-134 of the Copyright Act, 1998-4.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. Please describe the provisions in the laws of Barbados that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of law or regulation.
Please refer to our response to question 30. Also please refer generally to Barbados's responses to the Checklist of Issues on Enforcement (document IP/N/6/BRB/1). See also sections 49A-49E of the Trade Marks (Amendment) Act, 2001-16.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property. Please describe any provisions of the laws of Barbados that provide for such procedures and remedies, citing to the relevant provisions of law or regulation.
Please have regard to the following: (a) The Industrial Designs Act, Cap 309A, section 44; (b) The Protection of New Plant Varieties Act 2001, section 48; (c) Integrated Circuits Act, 1998-21, Section 17; (d) The Patents Act, 2001-18, section 62; and (e) The Geographical Indications Act, 1998-22, section 6(2).
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 33. Please provide statistical information related to civil copyright, trademark, geographical indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of cases filed; injunctions issued; infringing products seized; infringing equipment seized; cases resolved (including settlement); and the amount of damages awarded.
The Barbados Copyright Society of Composers, Authors and Publishers (COSCAP) which manages the copyright repertoire of a number of local and regional artistes, brought three civil actions for copyright infringement in the year 2000. Another local copyright holder Madd Productions instituted legal proceedings against an infringer. Madd obtained an injunction in their case. The substantive proceedings in all four of these matters are still sub judice.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade États-Unis d'Amérique 34. Please provide statistical information related to criminal enforcement in the area of copyright piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was actually served or was suspended) and any other information establishing that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
In 2000, the Microsoft Corporation, acting through the Business Software Alliance (BSA), initiated police action against an infringer of computer software who was selling pirated copies commercially resulting in one raid and confiscations.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana 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.
There are no provisions in the intellectual property legislation on national treatment and most-favoured-nation treatment.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana États-Unis d'Amérique 2. Please explain how the copyright law of Ghana protects computer programs as literary works and complications of data as required by Article 10 of the TRIPS Agreement.
Existing Law PNDC Law 110 was passed in 1985 and did not specifically provide for the protection of computer programs as literary works in Ghana. However, in practice computer programs are protected as literary works in Ghana. Draft Law This defect is cured in the new copyright bill before Parliament. The bill specifies that computer programs should be protected as literary work. The Copyright law protects compilations of data which are original in character and it involves some elements of creativity such as directories, anthologies, etc.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana 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 Ghana.
Existing Law The current law does not make any such provision. Draft Law Clause 5(e) of the new copyright bill provides rentals rights for audiovisual works and computer programmes.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana États-Unis d'Amérique 4. Please describe the protection the copyright law of Ghana provides for performers, and the term of the protection.
Existing Law The current copyright law incorporates the protection that performers are granted under the Rome Convention of 1961. Draft Law The new bill however incorporates elements of the Rome Convention and the WIPO Phonogram and Performances Treaty (WPPT).
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana États-Unis d'Amérique 5. 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 Ghana implements these obligations and indicate the term of protection.
Article 14.2 of the TRIPS Agreement regarding the protection of Producers of Phonograms is embodied in the new Copyright Bill but not in the current Copyright Law.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana États-Unis d'Amérique 6. Please describe the subject matter that can comprise a trademark under the trademark law of Ghana.
Existing Law In the Trade Marks Act 1965, a mark is defined as follows; a mark includes a device, brand heading, label ticket, name, signature, word, letter, numeral or any combination thereof. Under the Trade Marks Act, a mark must be registered in order to be protectable. Sections 9 and 10 the Act set out the conditions for the registration of a mark. A mark is registrable under Section 9 of the Act if it contains or consists of at least one of the following particulars: (a) The name of a company, individual or firm represented in a special or particular manner; (b) the signature of the applicant for registration or a predecessor in his business; (c) an invented word or invented words; (d) a word or words having no direct reference to the character or quality of the goods and not being according to its ordinary signification a geographical name or a surname; (e) any other distinctive mark. The provisions of section 10 of the Trade Marks Act provide for an alternative form of registration based on the trademarks capability of distinguishing as compared to inherently adapted to distinguish. Draft Law The draft Trade Marks Act defines a mark as any sign or combination of signs capable of distinguishing the goods or services of one undertaking from the goods of other undertaking including words such as personal names, letters, numerals and figurative elements. Under the draft Trade Marks Act, a trademark is registrable if it is capable of distinguishing the applicant's goods or services from those of others. The mark must not be contrary to public order or morality and also not mislead consumers or trade circles as regards source or other characteristics of the goods. A trademark is not registrable if it is a mark of a state or intergovernmental international organization except with authorisation. Finally a mark under the draft law will not be registered if it is a well-known mark.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana États-Unis d'Amérique 7. Please describe the procedure that must be followed to register a trademark in Ghana, citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
Existing Law The procedure for the registration of a trademark is stated in the Trade Marks Regulation 1970, L1667. The following are the procedure for registration of a trademark: i. The application must be made in the prescribed form (Form TM No.2). ii. The application must contain the following: (a) That the application is made in Part A of the Register; (the Trade Mark Register is divided into "Part A" and "Part B"). (b) The applicant is required to affix a representative of the mark on the Form (Regulation 2 of LI 667). (c) The desired classification and the respective goods. (d) The name and nationality of the entity applying for the mark. iii. Four (4) representations of the mark. iv. In cases where an Attorney/Agent is appointed to file an application for registration, the form authorising the agent must be filed (TM No.1). v. The application fee of US$150 must be submitted with the application. An exhaustive examination is carried out on the application by the Industrial Property Office before acceptance or refusal. The applicant may be invited to make amendments. All applications are published in the Commercial and Industrial Bulletin for possible apposition. A mark is entered in the Register of Trade Marks if there is no opposition or where the opposition has been disposed of. The right given to the registered owner of a trademark are stated in sections 4 and 5 of the Trade Marks Act which provide as follows: Section 4(1). Subject to the provisions of this section, and to sections 7 and 8 of this Act, the registration (whether before or after the commencement of this Act) of a person in Part A of the register as proprietor of a trade mark (other than a certification trade mark) in respect of any goods shall, if valid, give or be deemed to have given to that person the exclusive right to the use of the trade mark in relation to those goods. Without prejudice to the generality of subsection (1) of this section the right referred to in that subsection shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a registered user thereof using by way of the permitted use, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any goods in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either: a. As being used as a trade mark; or b. in a case in which the use is use upon the goods or in physical relation thereto or in an advertising circular or other advertisement issued to the public, as importing a reference to some person having the right either as proprietor or as registered user to use the trade mark or to goods with which such a person is connected in the course of trade. The right to the use of a trade mark given by virtue of this section by registration shall be subject to any conditions or limitations entered on the register, and shall not be deemed to be infringed by the use of any such mark as is referred to in subsection (2) of this section in any mode, in relation to goods to be sold or otherwise traded in any place, in relation to goods to be exported to any market, or in any other circumstances, to which, having regard to any such limitations, the registration does not extend. Section 5(1). Except as provided by subsection (2) of this section, the registration (whether before or after the commencement of this Act) of a person in Part B of the register as proprietor of a trade mark in respect of any goods shall, if valid, have or be deemed to have given to that person the like right in relation to those goods as if the registration had been in part A of the register, and the provisions of section 4 of this Act shall have effect in like manner in relation to a trade mark registered in Part B of the register as they have effect in relation to a trade mark registered in Part A of the register. Draft Law The draft Trade Marks Act also contain the procedure for the registration of a mark. The procedure is as follows: The application for registration of a mark shall be filed with the Registrar and shall contain a request, a reproduction of the mark and a list of the goods for which registration of the mark is requested, listed under the applicable class or classes of the International Classification. The application should be accompanied by the prescribed fee. The application may contain a declaration claiming priority of an earlier national or regional application filed by the applicant or his predecessor for any state or party to the Paris Convention or the World Trade Organization. The Registrar shall examine the application and if all formalities and the law has been complied with the application is published. Where the registration of the mark has not been opposed within the prescribed time limit or where the registration of the mark has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall register the mark. The draft Trade Marks Act confers on the owner of a trade mark the right to the use of the mark in relation to any goods for which it has been registered. The registered owner of a mark also have the right to institute court proceedings against any person who infringes the mark by using without his agreement or who performs acts which make it likely that infringement will occur. The right extends to the use of a sign similar to the registered marks and use in relation to goods similar to those for which the mark has been registered. The registration of a mark is for a period of ten years and renewable for consecutive periods of ten years upon the payment of the prescribed fee.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana États-Unis d'Amérique 8. Please provide the length and terms of protection the trademark law of Ghana provides for a trademark.
Existing Law The Trade Marks Act under Section 20 provides for a term of seven years renewable consecutively for seven year periods upon payment of the prescribed fee. Draft Law The draft Trade Marks Act provide for a term of ten years renewable for consecutive periods of ten years subject to the payment of the prescribed renewal fee.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana États-Unis d'Amérique 9 . Please describe in detail how the laws of Ghana 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.
No law existed for the protection of geographical indication. In order to comply with the TRIPS Agreement, a draft Geographical Indications Act is soon to be put before parliament. The draft Geographical Indications Act incorporates Article 22 to 24 of the TRIPS Agreement. The draft Geographical Indications Act is divided into four parts. These are: 1. Protection of Geographical Indications; 2. Registration of Geographical Indications; 3. Special Provisions Concerning Marks; 4. Regulations and Interpretations. Section 1 of the draft Geographical Indications Act states explicitly that civil proceedings may be instituted to prevent unlawful use of geographical indications. Subsections 1(a) and (b) of section 1 are in line with Articles 22.2(a) and (b) and Article 23.1 of the TRIPS Agreement enabling, parties to prevent the use of indications in a manner which would mislead the public and would also be contrary to honest business practices within the meaning of Article 10bis of the Paris Convention or with regard to geographical indications identifying wines and spirits not originating in the place indicated in the geographical indication in question. Section 1 makes it clear that the court may in addition to issuing injunctions to prevent such unlawful use, award or grant any other civil remedies that maybe appropriate. Natural or handicraft products are covered by the definition of geographical indications in the Act. Examples would be textiles, fruit, wines, coffee, wood and tea.
09/02/2004

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