RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/248/Add.1
11 April 2001
(01-1873)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Namibia to questions posed by Switzerland and the United States
Addendum
By means of a communication from the Permanent Mission of Namibia, dated
27 March 2000, the Secretariat has received the following responses to questions posed by
Switzerland and the United States, which were circulated in documents IP/C/W/239 and 240,
respectively.
_______________
SWITZERLAND
A. PATENTS
1. In your law, are patents available for all categories of products? In particular, are all
pharmaceutical products patentable? Are there any exceptions? If so please explain in detail what
these exceptions are and how they comply with Article 27 of the TRIPS Agreement.
The current law does not make any specific reference to patent product protection of
pharmaceuticals and agricultural chemical products, but does allow for their protection through
general provisions pertaining to patentable subject matter and the absence of exclusions frompatentability.  The definition of an invention under the law broadly encompasses a wide range of
products, including pharmaceuticals and agro-chemicals (Patents and Designs Proclamation No. 17 of
1923 Section 1(1)(2)).
The proposed Bill, also does not make any specific provision for the product patent protection
for pharmaceutical and agro-chemicals.  However, Section 8 of the Bill pertaining to matters excluded
from patent protection does not include both areas with Section 8(d) qualifying that:
"methods for the treatment of the human or animal body by surgery or therapy, as well as the
diagnostic methods practised on the human or animal body. This provision shall not apply toproducts for use in any of those methods."
Section 9 of the Bill provides for patentability for all inventions including pharmaceuticals and agro-
chemicals without making specific reference to them.
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as “wor king a patent” (and therefore preclude compulsory
licensing, if a product is being imported)?
Under current law, the effect of the patent:IP/C/W/248/Add.1
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"shall be to grant the patentee subject to the provisions of the law, and the conditions of the
patent, full power, sole privilege and authority by himself, his agents and licensees during the
term of the patent to make, use, exercise and vend the invention…..so that he shall have and
enjoy the whole profit and advantage accruing by reason of the invention during the term of
the patent."
Assignment and devolution of patents occur by operation of the law, amendment of specification, an
extension of the patent, voluntary surrender, endorsement of patent and compulsory licensing.
The proposed Bill, under Section 17 protects patent rights holders against the importing and
against the offering for sale of a patented invention.  Section 17 reads:
"(1) Subject to subsections (3) and (5) and section 19, the exploitation of the patented
invention in Namibia by persons other than the owner of the patent shall require the owner’s
agreement.
"(2) The owner of the patent shall, in addition to any other rights, remedies or actions
available to him or her, have the right subject to subsections (3) and (5) and section 19 to
institute court proceedings against any person who exploits the patent without his or her
agreement, in terms of subsection (1), or who performs acts which make it likely that
infringement will occur.
"(3) The rights under the patent shall not extend –
(a) to acts of articles which have been put on the market in Namibia by the owner
of the patent or with his or her consent;
(b) to the use of articles on aircraft, land vehicles, or vessels of other countries
which temporarily or accidentally enter the airspace, territory or waters of Namibia;
or
(c) to acts done for scientific research."
"(4) A patent in respect of which Namibia is  a designated State, granted by ARIPO by
virtue of the ARIPO Protocol shall have the sa me effect in Namibia as a patent granted under
this Act unless the Registrar has communicated to ARIPO in respect of the application
thereof, a decision in accordance with the provisions of the Protocol, if a patent is granted by
ARIPO that patent shall have no effect in Namibia."
3. Does your law make compulsory licenses subject to all the conditions enumerated in
Article 31 of the TRIPS Agreement? Please cite the relevant provisions of law.
The current law (Proclamation No. 17 of 1923) provides for compulsory licensing in respect
of patents relating to food, medicine and plants (Section 48 subsection 1(a)-(d), subsection 2-3) as
well as in respect of dependent patents (Section 49), and in case of abuse or insufficient use of patentrights (Section 50 subsection 1-6 (a)-(f), subsection 7-10(a-b), subsection 11-14).
The proposed Bill provides for compulsory lic ensing in respect of ARIPO Protocol Patents,
exploitation by government or person thereby aut horized (Section 17 (1) –(6)) and non-voluntary
licenses (Section 19 subsection 1-3).
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.IP/C/W/248/Add.1
Page 3
The law (both the current and the proposed Bill) does not specifically provide for process
patent protection. However, under the provisions of the proposed Bill, the applicant is required to
furnish, within the prescribed time limit, a copy of the earlier application certified as correct by the
office with which it was filed and also furnish the date and number of any application for a patent or
other title of protection filed by him/her abroad (foreign application) relating to the same oressentially the same invention as that claimed in the application filed with the office of the Registrar
(Section 13 subsection 1-4; Section 14 subsection 1-2)
B. 
PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed and confidential test data
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 againstdisclosure 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
provide for a defined period of protection for undisclosed information / for such test data of the firstapplicant?
Both the current law and the proposed Bill do not make specific provision for undisclosed
information.
UNITED STATES
A. 
GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, th e manner in which national treatment and most-
favoured-nation treatment are provided to nationals of other WTO Members.
Namibia is a member of the Berne Union and as per Article 5(3) of the Berne Convention
(1971), Namibia treats all works of intellectual property the same, regardless of their countries of
origin.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Namibia complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the BerneConvention (1971), except Article 6
bis, since Members do not have rights or obligations relating to the
latter Article under the TRIPs Agreement.
Yes, Namibia's Copyright law which was amended in 2000, does indeed comply with
Article 9 of the TRIPS Agreement because it was actually amended in order to be in conformity withthe TRIPS provisions and/or requirements.  However, in relation to Article 16 (1) (2) and (3) of the
Berne Convention, Section 4 (10) of the Namibian  Customs and Excise Act, Act 20 of 1998 would
apply.
3. Please explain how the copyright law of Na mibia protects computer programs as literary
works  and complications of data as required by Article 10 of the TRIPS Agreement.
The Act defines, first of all, computer programmes as a set of instructions expressed in words,
codes, schemes or in any other form, which is capable, when intercorporate in a medium that aIP/C/W/248/Add.1
Page 4
computer can read, of causing a computer to perform or achieve a particular task or result.  As per the
above definition, computer programmes are therefore protected by the Act, as "Literary works".  In
the case of infringement of computer programmes, Section 19 (2) (a), (b) and (c) will apply, whereby
a person would not be regarded as an infringer if:
(1) the person makes copies thereof specifically for back-up purposes only;
(2) a copy so made is intended exclusively for personal or private purposes; and/or
(3) that copy is destroyed when the possession of that programme, or authorized copy
thereof, ceased to be lawful.
4. 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 Namibia.
Rental rights for computer programmes and cinematographic works were not specifically
covered in the new law.
5. Please state the length and terms of protection the copyright law of Namibia provides  for a
work other than a photographic work or a work of applied art and cite to the relevant provision of
law.
The duration for protection of Copyright is Namibia is the whole life of the author and a
period of 50 years from the end of the year in which the author died.  This is done under
Section 7(1)(a).
6. Please describe the protection the copyright law of Namibia provides for performers, and the
term of the protection.
Performers in Namibia are protected under Section 48 (a-f), and Section 49 (1-3).  The
duration of protection is the same as in the case of copyright, in principle.  See attached page 42 of the
Act.
7. 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 Namibia implements these obligati ons and indicate the term of protection.
Rental rights for performers and producers of phonograms were not mentioned as such in the
revised law but they fell under Section 29 (1) (b) of the old copyright law.  Under Section 29 the
producers' phonograms have exclusive right to authorize rental and to prohibit the direct or indirect
production of phonograms.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Namibia.
Current legislation provides under Section 2 of the Trade Marks Act No. 48 of 1973 for a
definition of a mark.  A mark includes a device, band, heading, label, ticket, name, signature, word,
letter, numeral or any combination thereof or a container for goods.  A trademark, other than a
certification mark, means a mark used or proposed to be used in relation to goods or services.IP/C/W/248/Add.1
Page 5
The proposed Industrial Property Bill of Namibia, defines a mark as any visible sign capable
of distinguishing goods or services of an enterprise.  Under the provisions of this Bill a mark can be
registered, if it is:
(a) capable of distinguishing the goods or services of one enterprise from those of other
enterprises;
(b) not contrary to public order or morality;(c) not likely to mislead the public or trade circles, in particular as regards the
geographical origin of goods or services concerned or their nature or characteristics;
(d) not identical with, or is not an imitation of or does not contain as an element, an
armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of, or
official sign or hallmark adopted by, an y State, intergovernmental organization or
organization created by an international convention, unless authorized by the competent
authority of that State or organization;
(e) not identical with, or confusingly similar to, or does not constitute a translation of, a
mark or trade name which is well-known in Namibia for identical or similar goods or services
of another enterprise;
(f) not identical with a mark belonging to a different proprietor and already on the
Register, or with an earlier filing or priority date, in respect of the same goods or services or
closely related goods or services, or if it does not so nearly resemble such a mark as to be
likely to deceive or cause confusion.
All the provisions of the Bill which, have a bearing on the protection of a mark, were drafted
to provide full compliance with the provisions of the TRIPS Agreement, including giving an express
right of action against the use of well-known marks, as opposed to their registration (full compliance
with Article 16 of the TRIPS Agreement and Article 6 bis of the Paris Convention).
9. Please describe the procedure that must be followed to register a trademark in Namibia,
citing the relevant provisions of the law, and descri be the rights that the owner of a registered mark
can exercise.
Under current law (Trade Marks in South West Africa Act, No. 48 of 1973), procedure to be
followed to register a trademark and the rights exercised by the owners are contained in the following
provisions (Parts III, IV, V, VI, VII, VIII, IX, X, XI and XII):
(a) Application for registration: Part III (Sections 20-25);(b) Opposition: Part IV (Sections 26-30);
(c) The Register: Part V (Sections 31-36);
(d) Registration and its effects: Part VI (Sections 37-42);(e) Infringement: Part VII (Sections 43-46);(f) Duration and Renewal of Registration: Part VIII (Section 47);(g) Registered Users: Part IX (Section 48);IP/C/W/248/Add.1
Page 6
(h) Assignment: Part X (Sections 49-51);
(i) Certification Marks: Part XI (Section 52); and(j) Defensive Trade Marks: Part XII (Section 53).Under the proposed Bill, the fo llowing provisions cover the procedure to be followed to
register a trademark and the rights of owners:
(a) Acquisition of exclusive right to a mark and registrability: Section 41;(b) Application for registration of a mark: Section 42;(c) Examination of application for registration of a mark:  Section 43;(d) Opposition to registration of a mark:  Section 44;
(e) Registration of a mark:  Section 45;
(f) Rights conferred by registration of a mark and transfer of rights thereof:  Section 46;(g) Banjul Protocol on Marks:  Section 47;(h) Invalidation of registration of a mark:  Section 48;(i) Removal of a mark on grounds of non-use:  Section 49;
(j) Collective marks:  Section 50;
(k) Invalidation of registration of collective mark:  Section 51;(l) Licensing of marks and collective marks:  Section 52; and(m) Trade names:  Section 53.
10. Please provide the length and terms of protecti on that the trademark law of Namibia provides
for a trademark.
Under current law, registration of trademarks endures initially for a period of ten years and,
subject to the payment of fees, may be renewed indefinitely every ten years.
The proposed Bill provides for the duration and renewal of marks and a continuous period of
non-use of five years.
11. Please explain whether the Namibian law protects well-known marks and identify all relevant
laws and regulations.
Under current law, there are provisions coveri ng the protection of well-known marks through
a defensive registration (Section 53).
Under the provisions of the proposed Bill, in Section 41 subsection (2)(e) which reads:IP/C/W/248/Add.1
Page 7
"A mark cannot be validly registered if it is – identical or confusingly similar to, or constitutes
a translation of, a mark or trade name which is well-known in Namibia for identical or similar
goods or services of another enterprise."
12. Please explain whether the Namibian law protec ts pre-existing trademarks against usurpation
by geographical indications, as required by Article 24 of the TRIPS Agreement.
The proposed Bill has transitional provisions which generally protect all trademarks
registered under the current laws which are to be repealed by the proposed Bill, with a proviso that
such marks shall be due for renewal within the same period as under the current laws or ten years
from the entry into force of the Bill (Section 67, subsection 3).  However, specific provision to protect
pre-existing trademarks against usurpation by geographical indications, as required by Article 24 ofthe TRIPS Agreement, will be included.
D. 
GEOGRAPHICAL INDICATIONS
13. Please describe in detail how the laws of Namibia provide for the recognition and protection
of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevantprovisions of law or regulation, and provide examples of geographical indications so protected.
The current Act contains no reference to geographical indications, and the Registrar may
therefore register a trademark with geographical indication without extraneous proof of
distinctiveness, provided that it is distinctive and not reasonably required for use in trade in the goodsor services concerned.  This Act does not m eet the requirements of Article 22.2 of the TRIPS
Agreement.
The proposed Bill contains provisions covering geographical indications' protection with full
compliance with the TRIPS Agreement, especially with the provisions of Articles 22 – 24 of theAgreement.  Provisions pertaining to geographical indications have been drafted separately from the
proposed Bill and will be inserted therein soon after they are approved by the Cabinet Committee on
Legislation (CCL).
14. Please describe in detail the manner in which the higher level of protection required for wines
and spirits under Article 23.2 of the TRIPS Agre ement is implemented, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
The current Act contains no reference to geographical indications.The proposed Bill provides for minimum requirements for the protection of geographical
indications for wines and spirits as required by the provisions of Article 23 of the TRIPS Agreement.No other types of products are specifically covered under the proposed Bill.
E. 
INDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Namibia, and describe the nature of the protectionprovided.
The current Act provides for the protection of designs during copyright (Section 93
subsection 1-2 of Proclamation No. 17 of 1923).
The proposed Bill provides for application for registration of design, examination and
registration of industrial design, rights conferred by registration, duration and renewal of registeredIP/C/W/248/Add.1
Page 8
designs, ARIPO Protocol designs and the invalidatio n of registered designs in Sections 35, 36, 37, 38,
39 and 40.
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.
The proposed Bill provides for design protection in general terms and does not specify
protection for the protection of textile designs.  It defines industrial designs as meaning any
composition of lines or colours or any three-dimensional forms, whether or not associated with lines
or colours, where such composition or form gives a special appearance to a product of industry or
handicraft and can serve as a pattern for a product of industry or handicraft but does not include
anything in an industrial design which serves solely to obtain a technical result and to the extent that itleaves no freedom as regards arbitrary features of appearance.
The Bill provides for protection of textile designs in the context of general provisions for the
protection of industrial designs.
F. 
PATENTS
17. Please describe in detail the way in which the patent law of Namibia 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.
Namibia has opted to develop a sui generis  system of protection on new plant varieties,
micro-organisms and non-biological and microbiological processes.  The sui generis  legislation has
been developed as an integral part of the Namibian National Bio-diversity Program under the auspices
of the Ministry of Environment and Tourism.
18. Please describe in detail the rights provided patent holders under the patent law of Namibia
and cite to the relevant provisions of law.
Under the current Act, rights provided patent holders are found in Sections 32-65 of the Act
No. 37 of 1952.
The proposed Bill provides for such rights under Sections 10 and 16-20, which sections
provide for the right to patent and naming of inventor, grant of patent, time-limit for grant and
changes in patents, rights conferred by patent, AR IPO Protocol patents, exploitation by government or
person thereby authorized, duration and animal fees, non-voluntary licences and invalidation.
19. Please describe in detail any provisions in the laws of Namibia permitting unauthorized use
of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which
such use can occur.
Under the current Law, unauthorized use of a patent refers to compulsory licensing in respect
of patents relating to food, medicine and plants, in respect of dependent patents and in case of
insufficient use patent rights (Sections 48, 49 and 50 of Act No. 37 of 1952).
The proposed Bill for compulsory licensing  under Section 19 pertaining to non-voluntary
licences and under Section 17 subsections 5 and 6 providing that where public interest, in particular,national security, nutrition, health or the development of other vital sector of the national economy so
requires, the Minister may allow for exploitation of the invention by a government agency or a third
person designated by the Minister with equitable remuneration.IP/C/W/248/Add.1
Page 9
20. What term of protection does the patent law of Namibia provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
Under current law ((Act No. 37 of 1952) Section 28 subsection 1) the term of protection is
sixteen years from the date on which the complete specification was lodged and ten years in the caseof a plant patent.
The proposed Bill in Section 18 subsection 1, provides for a term of 20 years after the filing
date of the application for the patent.
G. 
LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Namibia, including the term of prot ection, and cite to the relevant provisions of law.
The current law provides for the protection of designs during copyright (Section 93
subsection 1-2 of Proclamation No. 17 of 1923)
The proposed Bill provides for the protection of designs and protection against the unlawful
importation, sale or distribution for commercial purposes of topographies including integrated circuits
or other articles in which, a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement (Section 37 subsection 1-5).
H. PROTECTION OF UNDISCLOSED INFORMATION
22. Please describe in detail how the laws of Namibia provide for the protection of undisclosed
information as required by Article 39.2 of the TR IPS Agreement and provide citations to the relevant
provisions of law.
Both the current law and the proposed Bill do not make specific provision for undisclosed
information.
23. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Namibia and cite to the relevant provisions of law.
Both the current law and the proposed Bill do not make specific provision for undisclosed
information.
24. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
There are no specific provisions in respect to this in both the current law and the proposed
Bill.
I. ENFORCEMENT – GENERAL OBLIGATIONS , CIVIL AND ADMINISTRATIVE PROCEDURES AND
REMEDIES AND PROVISIONAL MEASURES
25. Please describe in detail the manner in which the laws of Namibia provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPSAgreement.IP/C/W/248/Add.1
Page 10
The current law in respect of patents allows, for amendment of specification in action for
infringement, no damages in infringement action where specification amended by way of disclaimer,
correction or explanation, restriction on recovery of damages for infringement in certain cases,
procedures and conditions in action for infringement, relief for infringement of partially valid
specifications, remedies for groundless threats of infringement proceedings, power of Registrar tomake declaration as to non infringement and presumption in action for infringement where patent
relates to a new substance (Section 37 subsection 1-2; Section 38, Section 52, 53 subsection (a)-(f),
Section 54 subsection 1-4; Section 55 subsection 1-2; Section 56 subsection 1-4 and Section 57)
The proposed Bill makes provision for protection against infringement, unlawful acts and
offences (Section 61 subsection 1-4).
26. 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 Namibia provide
this authorization, citing to the relevant provisions of law or regulation.
The general body of laws in Namibia provides that in the absence of specific provisions in the
relevant laws court rules will apply in respect of both civil and criminal proceedings.
27. Please describe in detail the all of the civil remedies that are available to right holders under
the laws of Namibia, citing to the relevant provisions of law or regulation.
[No response received]
28. Please describe in detail the provisional procedures and remedies available to right holders
under the laws of Namibia, 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.
The procedures, though not in the Act, are such that right holder; should register themselves
with local or foreign authors collecting societies, which would always act on their behalf in the case
of infringements of their rights.
J. 
ENFORCEMENT – SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
29. Please describe in detail the procedures under the laws of Namibia 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.
The competent authority in this regard is the Customs and Excise Office in the Ministry of
Finance and this is done under Section 4 (10) of the Customs and Excise Act 20 of 1998.
30. 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 response to question 29 above would also apply in question 30 herewith.
31. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio.  Please explain wh ether the competent authorities in Namibia are
empowered to act ex officio and, if so, please id entify the intellectual property areas subject to
ex officio action.IP/C/W/248/Add.1
Page 11
In terms of Copyright, only police officers are empowered to act ex officio  upon producing of
his/her identification card.  Other competent authorities such as copyright societies, Custom officials
and other intellectual property law enforcement agencies do not have ex officio  power under the new
Act.
K. ENFORCEMENT - CRIMINAL PROCEDURES
32. Please describe in detail how the laws of Namibia 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 de terrent, at least for cases of willful trademark
counterfeiting and copyright infringement on a commercial scale.  Please cite to the relevant
provisions of law and regulation.
[No response received]
33. 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 offense.  Please desc ribe the provisions in the laws of Namibia 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.
Under the Copyright Act:
(i) Section 53 makes provision for destruction of infringing goods;
(ii) Section 33 (copyright infringement) the fine is N$12,000 or three years or both for
first conviction.  N$20,000 or five years or  both for subsequent convictions; and
(iii) Section 51 (performers) the same provisions apply as in Section 33.
34. 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 Namibia that provide for such procedures and remedies, citing to the relevant provisions
of law or regulation.
Trademarks and patents impose monetary fines and imprisonment.  The seizure and forfeiture
of infringing goods and implements for their production are authorized by the Criminal Procedures
Act of 1977 and (Act No. 51 of 1977) which applies to all criminal cases instituted under the laws
concerned.
L. STATISTICAL QUESTIONS
35. 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 (i ncluding settlement); and the amount of damages
awarded.
A total number of 2100 new trademark applications were received during the year 2000.  No
other statistics are kept and no case of any kind was filed for 2000.
36. 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 andIP/C/W/248/Add.1
Page 12
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.
There is no specific procedure prescribed for enforcement of remedies against trademark
infringements.  The court system has jurisdiction to  entertain claims for damages for infringements or
to prevent the use of the mark by others.  In the light thereof the registry does not have statistical
information relevant to the question.
__________