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 504 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana Suisse 5. 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.
Section 62 of the Patent Law 1992 is on the presumption of use of patented process. This section however does not fully comply with requirements of TRIPS Article 34. Subsections 7 and 8 of Section 8 of the draft Patent Act provide for the principle of the reversal of burden of proof in a process patent litigation. The provisions are in full compliance with Article 34 of the TRIPS Agreement.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana Suisse 6. 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 authorization 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 authorization 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 Protection Against Unfair Competition Act 2000, Act 589, provides for the protection of undisclosed test or other data submitted to a state agency as a condition for approving the marketing of pharmaceutical or agricultural chemical products, which use new chemical entities. The relevant provision is section 5(4) which makes it an unfair competition where an act or practice results in an unfair commercial use of secret test or data which have been submitted to a competent authority for the purpose of obtaining an approval of the marketing of pharmaceutical or agricultural chemical products, which utilize new chemical entities. Subsection 4, paragraph b of section 5 contains exceptions to the disclosure. This is where it is necessary to protect the public and steps are taken to ensure that the data are protected against unfair commercial use. The legislation on undisclosed information does not set a specific term of protection for undisclosed test or data.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana Suisse 7. Please indicate remedies provided by your legislation, which constitute effective deterrents to infringements of intellectual property rights.
The remedies provided by legislation, which constitutes deterrents to infringement of intellectual property rights, are: a. Imprisonment; b. monetary fines; c. seizure, forfeiture ad destruction of infringing goods and materials and implements for their production. Trademarks The Trade Marks Act does not provide for criminal procedures and penalties for wilful trademark counterfeiting as required by Article 61 of the TRIPS Agreement. However, section 1 of the Merchandise Marks Act makes it a demeanour for falsely applying to goods any trade mark or any mark nearly resembling a trade mark as to be likely to deceive. Under the general jurisdiction of the court, the courts can award damage for infringement or if the plaintiff desires an account for profit. An award for damages would normally be accompanied by an order for payment of legal costs incurred by the successful party. The draft Trade Marks Act makes provision for penalties with respect to infringement and provide for a fine or imprisonment for wilful infringement. Patents The Patent Law 1992 specifically provide for award of damages in section 59. The Patent Law also provide for a fine or imprisonment of not more than 2 years for intentional infringement of a patent. The draft Patent Act also has provisions making intentional infringement of a patent punishable by a fine or by imprisonment. Industrial designs Section 22 of the draft Industrial Designs Act provides that it is an offence to perform an act stated in section 9 of the draft law as an infringement. The penalty is a fine or a term of imprisonment not exceeding two years or both. Layout-designs Section 15 of the draft Layout Designs (Topographies) of Integrated Circuits Act provides that it is an offence to knowingly perform an act which is unlawful under section 4 of the draft law. The penalty is a fine or imprisonment for two years. The court may order seizure, forfeiture and destruction of layout designs of integrated circuits or articles concerned and of any material or implements predominant use of which has been in the commission of the fine. Plant varieties The draft Plant Varieties Act makes provision for a fine or term of imprisonment not exceeding two years in relation to non compliance or misuse of variety denomination. Copyright Civil and criminal remedies are provided under sections 43-45 of the current copyright law PNDC Law 110 of 1985. Civil remedies include action for damages, interlocutory orders such as injunctions, Anton Pillar Orders etc. The penal sanctions currently provided for under the 1985 law have not proved to be deterrent enough. The courts are inclined to apply fiscal penalties rather than custodial sentences. The new draft Copyright Bill currently before Parliament provides for enhanced criminal sanctions a convict can be sentenced to a maximum of 5 years imprisonment and provision has been made for equally punitive fines.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana Suisse 8. Please describe any new initiatives that are planned to improve enforcement of intellectual property rights in your country, particularly initiatives related to criminal enforcement.
The Chief Justice has recently issue directives to the effect that cases involving infringement of intellectual property rights should be handled by the specially mechanised courts which have been established to deal expeditiously with such issues.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana Suisse 9. Please explain how your legislation implements Article 62.2 TRIPS Agreement. Please indicate how long it takes on average to register a trademark. Please cite the relevant provisions of your law.
A draft trademark law is to be laid before Parliament this year. This draft law fully complies with obligations under the TRIPS Agreement. On the average it takes about six months to register a trademark.
09/02/2004
IP/Q/GHA/1, IP/Q2/GHA/1, IP/Q3/GHA/1, IP/Q4/GHA/1 Ghana Suisse 10. Please explain in detail how Ghana protects service marks and cite the relevant provisions of law.
The Trade Marks Act does not contain provisions on service marks. However, the draft Trade Marks Act contains provisions on service marks. Service marks, on registration, are protected for a period of ten years and renewable for consecutive period of ten years under the draft Trade Marks Act.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade 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.
(i) Please see section 49 (1) of the Patents Act 2001-18. This section, concerning the circumstances in which the Crown may exploit a patent, is fully compliant with the provisions of Article 31 of the TRIPS Agreement. Section 11 of the Act is also compliant with Article 27.3 of the Agreement. (ii) Sections 51-84 and sections 142- 151 of the Copyright Act 1998 respectively make provision, inter alia, for the use of copyrighted works for public use, fair dealing and in libraries; for the purpose of reporting of current events, reading or recitation of published literary or dramatic works in public, the playing of sound recordings for the benefit of a club or other charitable organization and the reciprocal treatment and/or protection of such works in other territories. (iii) Section 40 of the Protection of New Plant Varieties Act 2001-17 makes provision for the issuing of compulsory licenses in circumstances similar to those set out in section 49(1) of the Patents Act (see above). (iv) Section 18 of the Integrated Circuits Act 1998 (as amended) makes provision for the exploitation of integrated circuits in particular circumstances.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 2. Please explain the copyright protection given to authors of databases or compilations of data as required by Article 10.2 of the TRIPS Agreement and please also confirm where in the Act a definition of databases and a description of the protection given is provided.
In Barbados, compilations and computer programmes are protected in section 2 as literary works. (Please refer to the definitions of "literary works" and "computer programme" in the Act.) Protection of "literary works" is provided under the terms of section 6. No explicit definition of "database" is contained in the Act. Nonetheless, the term "compilation", given its ordinary dictionary meaning, will extend to all databases whatever their mode or form of expression.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 3. Please explain whether the protection for sound recordings extends to sound recordings of musical works only or also to other types of phonogram, and if so what types? Please explain whether the rental right enumerated in section 76 (c) of the Act applies to all cinematographic works or only to films. Please explain the definition of films for the purposes of the Act.
In section 2 of the Barbados Copyright Act, 1998-4, "sound recordings" are defined as: (a) a recording of sounds from which sounds may be reproduced, or (b) a recording of the whole or any part of a literary, dramatic or musical work from which sounds reproducing the work or part thereof may be produced regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced. (emphasis added) The protection afforded under the Act for sound recordings therefore applies to all sound recordings, however fixed or recorded. The rental right in section 76(c) applies to cinematographic images whether recorded on film, electronic or other medium capable of producing a moving image having regard to the definition of "film" in section 2 which means "a recording on any medium from which a moving image may by any means be produced".
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 4. Section 77.1 of the Act - Please explain how this provision (in relation to sound recordings and computer programmes) as applied in practice. What conditions are applied to ensure that the right of authors in Article 11 of the TRIPS Agreement to authorize or prohibit the commercial rental to the public of originals or copies of their works is respected?
This situation has not yet arisen in practice and to date there has been no necessity for a Ministerial order to be passed under this section.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 5. Please state how your legislation grants the retroactive protection provided pursuant to Article 18 of the Berne Convention for the Protection of Literary and Artistic Works ( the "Berne Convention") (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement.
Please refer to section 151 of the Copyright Act which provides the necessary transitional protection.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 6. Please define what constitutes a "reasonable extract" for the purposes of Section 72.1 of the Act.
In practice, the author will determine what is reasonable. If an objection is taken as to the size of the extract taken from his work for use in the public reading or recitation, the issue of reasonableness will ultimately become a matter for determination by the High Court which in the course of hearing the infringement action will make a determination of the "reasonableness" or otherwise of the extract used.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 7. Please explain whether the droit de suite provided for in Article 14ter of the Berne Convention is protected in your legislation.
The right of droit de suite is not contemplated in Barbadian law.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 8. Please explain whether or not your legislation provides for a mechanism to appeal final administrative decisions to judicial bodies.
Under Barbados law, all administrative decisions are capable of being reviewed by or appealed to a judicial body. Provisions establishing a right of appeal to the Courts may be found under all intellectual property rights statutes. [See for example section 101(4) and 104 of the Barbados Copyright Act, 1998-4, section 47 of the Trade Marks Act, Cap. 319, section 19(2) of the Geographical Indications Act, 1998-22 and section 51 of the Patents Act, 2001-18.] Additionally, the Administrative Justice Act Cap 109B of the Laws of Barbados provides a general statutory remedy of judicial review which is available in respect of most administrative acts or omissions where an administrative body or other authority performs an administrative or quasi-judicial function which arises either under a statute or the Constitution.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 9. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed.
Please refer to section 135 (1) of the Copyright Act, 1998-4, and Barbados's responses to the Checklist of Issues on Enforcement (document IP/N/6/BRB/1). Also refer to section 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 Union européenne 10. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
It should be noted that in Barbados the competent authority for dealing with enforcement in relation to the importation of infringing goods is the Comptroller of Customs. Under the provisions of section 49(6) (b) (iv) of the Copyright Act, 1998-4, the Comptroller is empowered to require of a plaintiff indemnification and security against the possibility of liability or expense incurred by him as a result of the suspension or detention of articles by the Customs Department.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 11. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Sections 207 and 210 of the Customs Act and section 49 of the Copyright Act make provision for the implementation of provisional measures in respect of the importation of infringing copies of copyrighted works. Please refer to the Barbados's responses to the Checklist of Issues on Enforcement (document IP/N/6/BRB/1) for a detailed discussion of the provisional measures which may be employed in Barbados in relation to the alleged infringement of intellectual property rights.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 12. 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.
Please refer to our answer to question 10.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 13. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.
The procedures implement Article 51 of the TRIPS Agreement and accordingly only relate to the importation of counterfeit trademark or pirated copyright goods.
09/02/2004
IP/Q/BRB/1, IP/Q2/BRB/1, IP/Q3/BRB/1, IP/Q4/BRB/1 Barbade Union européenne 14. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
Please see our response to question 9.
09/02/2004

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