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.

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Page 669 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de 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.
Article 12 of the draft Law on Patents and Utility Models provides for the reversal of the burden of proof. Article 12 provides: "With due regards to the defendant's right to protect his industrial and commercial secrets, the civil court may, in a claim relating to the exploitation of a patented industrial process used without the consent of its owner, order the defendant to prove that the process used to obtain an identical product is different from the patented process. This is provided that the plaintiff has been unable to identify the process actually used despite reasonable efforts; and provided the court believes it is likely that the identical product was made using the protected process."
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de 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 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 set a specific term of protection for undisclosed test or other data of the first applicant ?
Article 2 of the draft Law on the Protection of Trade Secrets protects undisclosed tests or other data submitted by an applicant to the responsible State agency for market authorisation of a pharmaceutical or of an agricultural chemical product which utilises new chemical entities. The relevant provisions and limitations are contained in Article 2 which states: "The prohibition on disclosure of trade secrets referred to in the preceding Article shall extend to undisclosed tests or data the origination of which involves a considerable effort, and which have been submitted to the competent authorities for the purpose of obtaining approval for marketing of pharmaceutical or agricultural chemical products which utilise new chemicals entities. The competent authorities which receive such tests or data shall protect them against disclosure as from the date they are received until they are no longer secret, and shall prohibit their unfair commercial use by preventing any third party not having the consent of the person who submitted them from relying on such data or tests in the marketing of similar drugs or products for 5 years following the date of marketing approval of the drugs or products in Bahrain. Disclosure of the tests or data by the competent authorities shall only be made where necessary to protect the public or unless the necessary steps are taken to ensure that the data are protected against unfair commercial us."
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Suisse 7. Please indicate remedies provided by your legislation, which constitute effective determents to infringements of intellectual property rights.
Criminal Sanctions: All draft Laws of IPRs provide for criminal sanctions against infringement of all categories of IPRs. The penalty for all infringements of the various IPRs is the same. It is a fine between BD 500 to BD 2,000 or a prison term between three months and one year or both fine and imprisonment. If the offender repeats the offence, the upper limits of both the fine and imprisonment are doubled and in addition the court may order the business premises, at which the offence was facilitated, to be closed for a period between 15 days to 6 months and to order the verdict to be published in at least one local daily newspaper at the expense of the convicted offender. In all cases the court has the authority to order the goods that have been found to be infringing to be forfeited and destroyed. This also applies to materials and implements used for the infringement.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de 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 draft Laws, upon enactment, will make infringement of all forms of IPR a criminal offence. Arrangements are being made to increase and train government inspectors to detect and apprehend infringements. Arrangements are also being made to conduct specialized courses to customs officials, public prosecutors, and judges to acquire the necessary relevant skills each according to his profession. WIPO has been approached to assist with conducting a Postgraduate Diploma in IPR and their response is awaited. Contacts have been developed with the concerned sector in the industry and other professional associations to conduct a public awareness campaign and to assist with the implementation of the relevant legislation.
24/10/1996
IP/Q/CAN/1 Canada Suisse 1. How do the Canadian collecting societies organize the distribution of monies owed to foreign authors?
There is nothing in the Canadian Copyright Act that imposes business practice on "les sociétés de gestion canadiennes" with respect to how they organize the distribution of monies owed to foreign authors. Some of the Canadian societies do, however, indicate the process in general terms. Generally, they make payments to foreign collectives which then distribute the revenues to the authors in that country. For example, SOCAN, the Society of Composers, Authors and Music Publishers of Canada, indicates that "under the terms of the [Canadian] Copyright Act, [it] collects tariff fees from the users on behalf of its members and foreign copyright owners it represents in Canada. These fees are then systematically distributed as performance royalties to creators and publishers whose works have been performed and which SOCAN has identified and credited through its own procedures. When [the Canadian creator's] work is performed and identified overseas, SOCAN forwards the monies received from foreign societies directly to ... the [Canadian] copyright owner. And when a foreign work is performed here, SOCAN sends royalties to the copyright owner's own domestic society". CANCOPY acts on behalf of artists, writers and publishers with respect to the reproduction right. A licensing fee or royalty is collected and given back to the artist, writer or publisher. CANCOPY represents published works from around the world through agreements with international reproduction rights organizations. (As recently as July 1996, CANCOPY signed a reciprocal agreement with a collective in another European country in which the two organizations agreed to represent each other in their own country as well as collect and exchange royalties). Generally, royalties collected in Canada are distributed directly to Canadian affiliates regardless of the country of publication. Royalties collected abroad are distributed to Canadian rightholders through CANCOPY. For further information, SOCAN material can be accessed at its WEB page: httb://www.socan.ca/ and CANCOPY at http://cancopy.com/.
24/10/1996
IP/Q/JPN/1 Japon Suisse 1. Please explain whether and how levies for private copying are distributed to foreign right holders.
The system of Private Recording Compensation was introduced by the amendment to the Japanese Copyright Law in 1992, and was started in 1993 (so far only for "sound recording", excluding "visual recording"). The compensation is collected by a collective society called the SARAH (Society for the Administration of Remuneration for Audio Home Recording), which began the distribution of compensation money in 1994. The compensation is distributed to three collective societies in Japan, namely those of (1) music copyright owners, (2) performers and (3) producers of phonograms. These Japanese collective societies then distribute part of the compensation to their overseas counterparts in accordance with the negotiated contracts based on the statistical outcomes and data of sampling surveys. We have been informed that the three collective societies have already reached contracts with their overseas counterparts, except for one. Negotiation between the Japanese performers' organization and its counterpart in the United States is still in process.
24/10/1996
IP/Q/JPN/1 Japon Suisse 2. Please indicate where one can find the provisions on border measures and provisional measures.
The legal basis of "boarder measures" can be found in the Japanese Copyright Law and the Customs Tariff Law. Article 113 of the Japanese Copyright Law, stipulates that it is deemed an infringement on a copyright to import into Japan, for distribution, objects made by an act which would constitute an infringement on copyright at the time of such importation if they were made in Japan. The importation of objects made by copyright infringement is prohibited by Article 21 of the Japanese Customs Tariff Law and shall be punished by Article 109 of the Japanese Customs Law. As for the due procedures, special requirements related to border measures are provided by Articles 21bis and 21ter of the Customs Tariff Law. Provisions on "provisional measures" can be found in the Code of Civil Preservative Procedure which is one of general laws related to civil remedies. The Code is included in WTO document IP/N/1/JPN/1 titled "Notification of Laws and Regulations under Article 63.2 of the Agreement", which was issued on 1 March 1996.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de 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.
As permitted under Article 27.2 of the TRIPS Agreement, Article 3(a) of the draft law on Patents and Utility Models excludes from Patentability inventions the prevention of the commercial exploitation, within the State of Bahrain, which is necessary to protect public order or morality or to avoid serious damage to the environment. Article 20 of the draft law on Patents and Utility Models provides that inventions with extreme importance to public defence and security may be objected to by the security authorities against the purchase of the invention for a fair and equitable price and also qualify for the grant of a compulsory licence for the exploitation of the invention in accordance with the provisions of the law. Also by virtue of Article 24 of the draft Law on Patents and Utility Models, a non-exclusive compulsory licence for the exploitation of a Patent may be awarded in cases of national emergency or other circumstance of extreme urgency or for public non-commercial use.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de 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 Borne Convention and the Appendix to the Borne Convention (1971).
The draft Law on Copyright and Neighbouring Rights will supersede the Copyright Law which was enacted in 1993. The draft Law implements Articles 9 to14 of the TRIPS Agreement. Although not required under the TRIPS Agreement, the draft Law implements Article 6bis of the Berne Convention as Bahrain is party to the said convention. The draft Law also implements many of the provisions of the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 3. Please describe the protection accorded to authors of computer programs, databases or compilations of data.
Paragraph 2 of Article 2 of the draft Law on Copyright and Neighbouring Rights provides that computer programmes whether in source or object code are protectable. Similarly, Paragraph 3 of Article 2 provides that databases whether or not computer readable are protectable. Moreover, Paragraph 13 of Article 2 provides that derivative works are protectable. Article 1 defines derivative works as: "Works derived from other existing works, such as translations, musical arrangements, compilation of works, including databases, whether or not computer readable, and collections of expressions of folklore, which, by reason of the arrangement and selection of their contents, are considered creative."
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 4. Please state whether your legislation provides for a rental right and, if so, the works to which it applies.
Article 5(d) of the draft Law on Copyright and Neighbouring Rights provides that the author and his successor in title has exclusive right to authorise or prohibit the use of one or more copies of his work by others for rental or lending to the public. Article 7 provides that such right with respect to computer programs does not apply where the program itself is not the essential object of the rental or lending. Article 7 further provides that the right does not apply with respect to cinematographic works unless such rental or lending has led to widespread copying of such work which is materially impairing the exclusive right of reproduction.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and broadcasting organisations under your legislation.
With respect to performers, Article 15 of the draft Law on Copyright and Neighbouring Rights provides: "Performers shall enjoy in respect of their performances the following exclusive rights: i) To broadcast or communicate their unfixed performances to the public. ii) To fix their unfixed performances on phonograms. iii) To reproduce their fixed performances on phonograms. iv) Authorise commercial rental or lending to the public of an original or copies of their fixed performances." With respect to producers of phonograms, Article 17 of the draft Law on Copyright and Neighbouring Rights provides that producers of phonograms enjoy the following exclusive rights: i) Prevent any exploitation of their recording in any manner, without prior written authorization, directly or indirectly, including in particular; reproduction, renting, lending, broadcasting or making available to the public through computers or the Internet or other means of technology. ii) Making their recordings available to the public by wire or wireless means or through computers or any other means of technology. With respect to broadcasting organizations, Article 18 of the draft Law on Copyright and Neighbouring Rights provides that broadcasting organizations enjoy the following exclusive rights: a) fixation and reproduction of their broadcasts; b) rebroadcasting by wireless means of their broadcasts; c) communication to the public of their television broadcasts; and d) licensing the exploitation of their fixed or unfixed broadcasts.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de 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 Article 13 and 14.6 of the TRIPS Agreement.
The draft Law on Copyright and Neighbouring Rights provides for certain limitations and exceptions to the rights indicated in the response to question 5. These are consistent with the limitations and exceptions allowed under the TRIPS Agreement. The limitations and exceptions are provided under Articles 19 to 24 of the draft Law.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 7. Please state the terms of protection of each right described above and the work or subject matter to which it applies.
With respect to performers, Article 34 of the draft Law on Copyright and Neighbouring Rights provides the term of protection to a performance for a period of 50 years computed from the first day of the Gregorian calendar year following the year in which the performance was first fixed on a phonogram or, in the absence of such fixation, the year in which the performance took place. With respect to producers of phonograms, Article 35 of the draft Law on Copyright and Neighbouring Rights provides that the term of protection shall last until the end of a period of 50 years computed from the first day of the Gregorian calendar year following the year in which the publication of the phonogram was made or, in the absence of publication, the year in which the performance took place. With respect to broadcasting organizations, Article 36 of the draft Law on Copyright and Neighbouring Rights provides that the protections shall last until the end of a period of 20 years computed from the first day of the Gregorian calendar year following the year in which the broadcast took place.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de 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.
This is accounted for in Articles 63 and 64 of the draft Law on Copyright and Neighbouring Rights. While Article 64 provides that the new Law shall come into effect upon its publication in the Official Gazette, Article 63 provides : The provisions of this Law, with the exception of Articles 49 to 53, shall apply also to works, performances phonograms and broadcasts dating back to before the date of the coming into effect of this Law, provided that the term of protection had not expired under the previous legislation or under the legislation of the country of origin of such works, performances, phonograms or broadcasts that are to be protected or under an agreement or treaty to which the State of Bahrain is party. The Law shall not effect contracts on works, performances, phonograms and broadcasts concluded before the entering into force of this Law.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 9. Please give the definition of a sign under your national legislation and explain under what conditions it is protectable.
Article 1 of the draft Law on Trademarks provides: "A trademark is any distinctive sign comprised names, works, signatures, letters, symbols, numerals, addresses, seals, designs, pictures, engravings, figurative elements, shapes, wrappings, combination of colours or any combination of such visible signs if used, or intended to be used , for distinguishing the goods or services of one undertaking from those of other undertakings or to indicate the provision of a particular service. Sound and smell may form part of the trademark." Article 3 of the draft Law provides that the following shall not be considered as registerable trademarks and their application for registration shall not be accepted if they have any of the following descriptions: a) Marks that are devoid of any distinctive character or consist of signs that customarily designate the goods or services or the common drawings or pictures of the goods or services. b) Any expression, drawing, picture or mark that is contrary to public order or morality. c) Honorary signs, public and military insignia, flags and other symbols belonging to the State of Bahrain or Arab or international organizations or any of their institutions or belonging to any of the states that accord similar treatment in this respect to the State of Bahrain as well as any imitation of the foregoing matters. d) Symbols of the Red Crescent or Red Cross and emblems of the same character as well as all imitations thereof. e) Similar or identical marks to the symbols that have a purely religious character. f) Geographical names and indications if their use is likely to cause confusion with respect to the origin or source of the goods or services. g) Marks that are likely to mislead the public or that contain false details about the origin or source of the goods or services or their other qualities as well as marks that contain a false, imitated or fictitious commercial name. h) Name of another person or his surname, photograph or emblems unless he or his heirs give their prior approval to the use thereof. i) Particulars relating to honorary titles which the applicant for registration thereof is unable to prove that he is legally entitled to use for such purposes. j) Marks that are identical or similar to a mark that was previously registered by others for the same goods or services for which the mark is to be registered or for an item thereof or a mark that is similar to the aforesaid mark to an extent that may lead to misleading others; or marks the registration of which for certain goods or services may undermine the value of the goods or services that are distinguished by the said mark. k) Any mark, or a fundamental part thereof, which is identical, similar or constitutes a copy, imitation or translation of a well-known trademark for its use to distinguish similar or identical goods or services to the goods or services for which it is famous and is likely to cause confusion with the well-known trade mark or for its use for goods or services in a manner that is likely to cause damage to the owner of the wellknown trade mark and indicates a relationship between it and such goods or services. l) Marks that contain the following words or expressions: 'licence', 'registered', 'registered drawing', 'copyright' or such similar words and expressions.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de 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.
Please refer to the definition of a trademark provided in the response to question 9.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de 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.
Article 4 of the draft Law on Trademarks provides that either use or intended use qualifies for registration. The draft Law does not include a definition of "use". Article 19(b) provides that the court may, upon application by any party with interest, order the registration to be cancelled if satisfied that the trademark has not been used for an uninterrupted period of 5 years for no valid reason.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 12. Please confirm whether or not your legislation permits that the registration of trademarks be indefinitely renewable.
By virtue of Article 19(b) of the draft Law the registration of a trademark is indefinitely renewable. Article 19(b) provides that the protection of a registered mark shall be for 10 years from the filing date in the State of Bahrain and the right holder may request the renewal of the registration for other equivalent periods provided that he files a request for renewal during the last year of the a particular term of protection.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 13. Please describe the special requirements, if any, prescribed by your legislation concerning the use of a trademark.
There are no requirements prescribed in the draft Law concerning use of a trademark except as provided under Article 19(b) indicated above under the response to question 11 above.
24/10/1996

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