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 8 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji Canada 1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
In response to Canada's first question, Fiji submits information it had compiled with regard to its copyright law in relation to the questions in the Checklist of Issues on Enforcement as it covers most issues applicable to Fiji's law arising from Articles 41 - 61 of the TRIPS Agreement. (See document IP/N/6/FJI/1)
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji Canada 2. What protection does your Copyright legislation afford to "foreign works"?
Pursuant to s227(2), regulations maybe made by the Minister (in this instance the Attorney-General), applying a specified provision of the Act in relation to: "(a) persons who are citizens or subjects of a country or who are domiciled or resident in a place - as it applies in relation to persons who are Fiji Island citizens or are domiciled or resident in the Fiji (b) bodies incorporated under the law of a country or place - as it applies in relation to bodies incorporated under the law of the Fiji Islands or in the case of an audio-visual work, as it applies to a body which has its headquarters in a prescribed foreign country. (prescribed by regulations under this Act - s2) (c) works first published in a country or place - as it applies in relation to works first published in the Fiji Islands. (d) broadcasts made from, or cable programmes sent from a country or place - as it applies in relation to broadcasts made from or cable programmes sent from, the Fiji Islands." Generally these regulations would apply to Convention countries and maybe subject to specified exceptions and modifications or maybe applied generally or to a specified class of works. These Regulations are not in place as yet.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji 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 and cite to the relevant provisions of law.
Pursuant to s227(2), regulations may be made by the Minister (in this instance the Attorney-General), applying a specified provision of the Act in relation to: (a) persons who are citizens or subjects of a country or who ore domiciled or resident in a place - as it applies in relation to persons who are Fiji Island citizens or are domiciled or resident in the Fiji Islands. (b) in relation to bodies incorporated under the law of a country or place as it applies in relation to bodies incorporated under the law of the Fiji Islands or in the case of an audio-visual work, as it applies to a body which has its headquarters in a prescribed foreign country. (prescribed by regulations under this Act - s2) (c) in relation to works first published in a country or place - as it applies in relation to works first published in the Fiji Islands. (d) in relation to broadcasts made from, or cable programmes sent from, a country or place - as it applies in relation to broadcasts made from or cable programmes sent from, the Fiji Islands." Generally these regulations would apply to Convention countries and maybe subject to specified exceptions and modifications or maybe applied generally or to a specified class of works. These Regulations are not in place as yet.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 2. Please explain how the copyright law of Fiji protects computer programs as literary works and complications of data as required by Article 10 of the TRIPS Agreement and cite to the relevant provisions of law.
Computer programs are protected as any other work, with the issue of the author covered by section 5(2) (a) of the Act which stipulates: "(2) For the purposes of subsection (1), the person who creates a work is - (a) in the case of literary, dramatic, musical or artistic work that is computer-generated-the person by whom the arrangements necessary for the creation of the work are undertaken."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji 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 Fiji.
Section 229(o) of the Act stipulates that: "229. The Minister may make regulations for all or any of the following purposes – (o) authorising, subject to specified conditions, the rental to the public of copies of - (i) any specified class or classes of computer program; (ii) any specified class or classes of sound recording, or (iii) any audio visual work or specified class or classes of audio visual work, without the consent of the owner of the copyright in the work." Pursuant to s73 of the Act, copyright in a work (being a computer program, sound recording, or audio visual work) is not infringed by the rental of that work to any person by an educational establishment or a prescribed library if they do not rent out the work for profit or if the work has previously been put into circulation with the licence of the copyright owner
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 4. Please state the length and terms of protection the copyright law of Fiji provides for a work other than a photographic work or a work of applied art and cite to the relevant provision of law.
Section 22 Copyright in a literary, dramatic, musical or artistic work expires at the end of 50 years after the end of the calendar year in which the author dies. Section 22(3) If the work is computer generated copyright expires at the end of 50 years after the end of the calendar year of a authorized publication of the work or if there is no authorized publication within 50 years after the making of the work, at the end of 50 years after the end of the calendar year of its making. Section 22(4) If the work is of unknown authorship copyright expires at the end of 50 years after the end of the calendar year of authorized publication of the work. Section 23(3) Copyright in a sound recording or audio visual works expires at the end of the period of 50 years from the end of the calendar year in which the work is made or is first made available to the public, or is first published, whichever is the latest. Section 24 Copyright in a broadcast or a cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast is made or the cable programme is communicated to the public. Section 25 Copyright in a typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition is first published.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 5. Please describe the protection the copyright law of Fiji provides for performers, and the term of the protection.
Part X of the Copyright Act 1999 (Fiji), covers Performers' Rights, sections 166, 167 168 and 169 of which cover infringements by a person or persons, who without a performer's consent for a commercial purpose makes a recording of the whole or substantial part of a performance, by means of an illicit recording or copies of a recording knowing or having reason to believe that it was made without the performer's consent. A performer's rights are infringed by a person who without the performer's consent imports into Fiji other than for his private and domestic use or in the course of business possesses, sells or lets for hire c recording that the person knows or ought to have known is on illicit recording.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji 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 Fiji implements these obligations and indicate the term of protection.
As indicated in response to question 5, the performer's rights ore protected in a number of ways, but all of which require that the performer's consent is required. For example, s166(1) of the Act stipulates: "(1) A performer's rights are infringed by a person who without the performer's consent - (a) makes, otherwise than for the person's private and domestic use, a recording of the whole or any substantial part of the performance; or (b) broadcasts live, or communicates to the public, the whole or any substantial part of a performance." The performer's right to authorize or prohibit the commercial rental to the public of originals or copies of their program may be implemented by regulations made by the Minister. Section 201(2) of the Act, (contained in Part X covering Performer's Rights) stipulates: "Regulations made under this section may - (a) apply any provisions of this Part subject to specified exceptions and modifications; and (b) direct that any provision of this Part applies either generally or in relation to a specified class of performers."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 7. Please describe the subject matter that can comprise a trademark under the trademark law of Fiji.
Under section 2 of the Trademarks Act, trade-mark included a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 8. Please describe the procedure that must be followed to register a trademark in Fiji, citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
The procedure for the registration of a Trade mark is under section 11 (1) of the Trademarks Act and the prescribed manner is provided in the Second Schedule of the Act. Section 11 (1) of the Act stipulates: "11.-(1) Any person claiming to be the proprietor of a trade-mark who is desirous of registering the same shall apply in writing to the Registrar in the prescribed manner. (2) Subject to the provisions of this Act, the Registrar may refuse such application or may accept it absolutely or subject to conditions, amendments or modifications or to such limitations, if any, as to mode or place of user or otherwise as he may think right to impose. (3) In case of any such refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the court. (4) An appeal under this section shall be made in the prescribed manner and on such appeal the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether and subject to what conditions, amendments or modifications, if any, or to what limitations, if any, as to mode or place of user or otherwise the application is to be accepted. (5) Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar other than those stated by him except by leave of the court hearing the appeal. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed. (6) The Registrar or the court as the case may be may at any time, whether before or after acceptance, correct any error in or in connection with the application or may permit the applicant to amend his application upon such terms as they may think fit." As outlined above under Section 11 (3), if the Registrar after considering the application for registration of a trademark refuses or accepts the application on conditional grounds, the applicant if he or she requires has the right to ask the Registrar to state in writing the grounds of the Registrar's decision and the materials used by the Registrar in arriving at the same, and such decision shall be subject to appeal to the court.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 9. Please provide the length and terms of protection the trademark law of Fiji provides for a trademark.
Registered trademarks are protected for 14 years from the date of registration, as per section 27 of the Act. Registration of a trademark can be renewed within the prescribed time for another period of 14 years. Section 27 stipulates that: "27. The registration of a trade-mark shall be for a period of fourteen years but may be renewed from time to time in accordance with the provisions of this Act."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 10. Please explain whether the laws of Fiji provide well-known servicemarks with the same protection as well-known trademarks under Article 6bis of the Paris Convention, as required by Article 16.2 of the TRIPS Agreement.
At present, the Trademarks Act only provides for trademarks in connection with goods.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 11. Please explain whether the relevant authorities in Fiji, in determining whether a mark is well-known, take account of knowledge of a trademark in the relevant sector of the public, including knowledge obtained as a result of promotion of the trademark.
The Fiji Intellectual Property Office in receiving application for trademarks considers well known trademarks in the relevant sector of the public, including knowledge obtained as a promotion of the mark; however, there are no prescribed procedures for this process. Further, the notice period for opposition will cater for any objections albeit from a well-known trademark holder or not.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 12. Please explain in detail how well-known trademarks are protected in Fiji and cite to the relevant provisions of law.
At present, there is no provision for well-known trademarks.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 13 . Please describe in detail how the laws of Fiji 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.
At present, there are no provisions for the recognition and protection of geographical indicators.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 14. Please describe in detail the manner in which the additional protection required for wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of geographical indications for such products.
At present, there are no provisions for the protection of wines and spirits.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji 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 Fiji, and describe the nature of the protection provided.
At present there are no provisions for the protection of industrial designs however we are in the process of drafting a legislation governing industrial designs.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji 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.
At present, there are no provisions for the protection of textile designs.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 17. Please describe in detail the way in which the patent law of Fiji 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.
Under section 5 of the Patent Laws, the exceptions are: (a) if the invention is of no utility; (b) if the invention at the time of presenting the petition was not a new invention; (c) if the petitioner is not the true and first inventor thereof; or (d) if the petition or any specification contains a wilfully false statement. The only other exception is pharmaceuticals as provided in section 3A of the Patents (Amendment) Act 2002.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fidji États-Unis d'Amérique 18. Please describe in detail the rights provided patent holders under the patent law of Fiji and cite to the relevant provisions of law.
The patent holder is granted exclusive rights to his/her invention, unless it is for making, constructing, using or selling a patented invention in respect of a pharmaceutical product or substance, as provided in section 3A.
20/05/2016

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