WORLD TRADE
ORGANIZATIONIP/C/W/372
29 August 2002
(02-4617)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions by Switzerland
By means of a communication from the Permanent Mission of Switzerland, dated
12 August 2002, the Secretariat has received copies of the following questions that Switzerland hascommunicated to China and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.
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CHINA
A. P
ATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions areand how they comply with Article 27 of the TRIPS Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore exclude compulsory
licensing of a product which is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
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.
B. P
ROTECTION OF UNDISCLOSED INFORMATION
5. 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 againstunfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar 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?
C. E
NFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
6. Please describe how the Chinese legislation meets the requirements of Article 41 of the
TRIPS Agreement.  Please cite the relevant provisions of law.IP/C/W/372
Page 2
7. Please describe in detail the civil judicial procedures and  civil remedies available to right
holders according to your legislation  in the different fields  of intellectual property covered by Part II
of the TRIPS Agreement, allowing for effective action against acts of counterfeiting and piracy.
Please cite the relevant provisions of your legislation providing for those civil procedures and
remedies.
8. Please describe in detail the criminal actions and remedies that are available in your
legislation to combat counterfeiting and piracy.  Please cite the relevant provisions of your legislation.
9. Please indicate the scale of damages provided by your legislation to compensate for the injury
a right holder has suffered because of an infringement of that person’s intellectual property right by an
act of counterfeiting or piracy.
10. Please describe the provisional measures provided for in your legislation, in particular those
useful to combat counterfeiting and piracy.  Please describe the procedures that must be followed, and
cite the relevant provisions of law.
11. Please indicate the authorities responsible for the application of the measures provided by
your legislation to combat counterfeiting and piracy.  Please explain whether the competent
authorities are empowered to act ex officio and, if  so, please indicate the enforcement actions that
may be taken.
12. Please describe any new initiatives that are planned to improve the enforcement of intellectual
property rights in your country, particularly initiatives to combat counterfeiting and piracy.   Is there a
particular action plan in place?
SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions areand how they comply with Article 27 of the TRIPS Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore exclude compulsory
licensing of a product which is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
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.
B. P
ROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible Government agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and againstunfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, underIP/C/W/372
Page 3
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?
C. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
6. Please describe how the Chinese Taipei legislation meets the requirements of Article 41 of the
TRIPS Agreement.  Please cite the relevant provisions of law.
7. Please describe in detail the civil judicial procedures and  civil remedies available to right
holders according to your legislation  in the different fields  of intellectual property covered by Part II
of the TRIPS Agreement, allowing for effective action against acts of counterfeiting and piracy.
Please cite the relevant provisions of your legislation providing for those civil procedures and
remedies.
8. Please describe in detail the criminal actions and remedies that are available in your
legislation to combat counterfeiting and piracy.  Please cite the relevant provisions of your legislation.
9. Please indicate the scale of damages provided by your legislation to compensate for the injury
a right holder has suffered because of an infringement of that person’s intellectual property right by an
act of counterfeiting or piracy.
10. Please describe the provisional measures provided for in your legislation, in particular those
useful to combat counterfeiting and piracy.  Please describe the procedures that must be followed, and
cite the relevant provisions of law.
11. Please indicate the authorities responsible for the application of the measures provided by
your legislation to combat counterfeiting and piracy.  Please explain whether the competent
authorities are empowered to act ex officio and, if  so, please indicate the enforcement actions that
may be taken.
12. Please describe any new initiatives that are planned to improve the enforcement of intellectual
property rights in your country, particularly initiatives to combat counterfeiting and piracy.   Is there a
particular action plan in place?
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