RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/207
29 September 2000
(00-3972)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions Posed by Switzerland
By means of communications from the Permanent Mission of the Switzerland dated
18 September 2000, the Secretariat has received copies of the following questions from Switzerlandaddressed to Chile, Colombia, Estonia, Kuwait, Paraguay and Peru, respectively.
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CHILE
A. P
ATENTS
1. Are all categories of products subject to patent protection under your law or are there any
exceptions.  If so, please explain in detail what these exceptions are and how they apply.
1. Please describe how micro-organisms are protecte d in your legislation.  Please explain in this
respect the relevant sections of your legislation.
2. Please clarify if the patent protection of a proces s, as provided for in your legislation, covers
the product obtained directly by that process?
3. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, recognize importation as "working a patent" (and therefore preclude compulsory
licences)?
4. Please explain whether or not your legislation provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted .
5. What term of protection does your legislation provide for patents?  Does that term apply to all
products and processes?
6. Does your legislation provide for the principal of the reversal of burden of proof in a process
patent litigation?  Please name the relevant law and explain the relevant sections.
B. PROTECTION OF UNDISCLOSED INFORMATION
7. 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
authorization of a pharmaceutical or of an agricu ltural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a secondIP/C/W/207
Page 2
applicant from relying on, or from referring to the or iginal 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?
COLOMBIA
A. PATENTS
1. Are all categories of products subject to patent protection under your law or are there any
exceptions.  If so, please explain in detail what these exceptions are and how they apply.  In
particular, are all pharmaceutical products patentable?
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, recognize importation as "working a patent" (and therefore preclude compulsory
licences)?
3. Does your law make compulsory licences subject to the conditions enumerated in Article 31
of the TRIPS Agreement?  If exceptions are provided for, please describe in detail what these
exceptions are and how they apply in Colombian law.
4. Does your legislation provide for the principal of the reversal of burden of proof in a process
patent litigation?  Please name the relevant law and explain the relevant sections.
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
authorization of a pharmaceutical or of an agricu ltural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a secondapplicant from relying on, or from referring to the or iginal 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?
ESTONIA
A. P
ATENTS
1. Are all categories of products subject to patent protection under your law or are there any
exceptions.  If so, please explain in detail what these exceptions are and how they apply.
2. Does your law make compulsory licences subject to the conditions enumerated in Article 31
of the TRIPS Agreement?  If exceptions are provided for, please describe in detail what these
exceptions are and how they apply in Estonian law.
3. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, recognize importation as "working a patent" (and therefore preclude compulsory
licences)?
4. Does your legislation provide for the principal of the reversal of burden of proof in a process
patent litigation?  Please name the relevant law and explain the relevant sections.IP/C/W/207
Page 3
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
authorization of a pharmaceutical or of an agricu ltural 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 or iginal 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?
KUWAIT
A. PATENTS
1. Are all categories of products subject to patent protection under your law or are there any
exceptions.  If so, please explain in detail what these exceptions are and how they apply.
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, recognize importation as "working a patent" (and therefore preclude compulsory
licences)?
3. Does your legislation provide for the principal of the reversal of burden of proof in a process
patent litigation? Please name the relevant law and explain the relevant sections.
B. PROTECTION OF UNDISCLOSED INFORMATION
4. 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
authorization of a pharmaceutical or of an agricu ltural 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 or iginal 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?
PARAGUAY
A. PATENTS
1. Are all categories of products subject to patent protection under your law or are there any
exceptions.  If so, please explain in detail what these exceptions are and how they apply.
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, recognize importation as "working a patent" (and therefore preclude compulsory
licences)?
3. Does your law make compulsory licences subject to the conditions enumerated in Article 31
of the TRIPS Agreement?  If exceptions are provided for, please describe in detail what these
exceptions are and how they apply in your law.
4. Does your legislation provide for the principal of the reversal of burden of proof in a process
patent litigation?  Please name the relevant law and explain the relevant sections.IP/C/W/207
Page 4
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
authorization of a pharmaceutical or of an agricu ltural 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 or iginal 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?
PERU
A. PATENTS
1. Are all categories of products subject to patent protection under your law or are there any
exceptions.  If so, please explain in detail what these exceptions are and how they apply.  In
particular, are all pharmaceutical products patentable?
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, recognize importation as "working a patent" (and therefore preclude compulsory
licences)?
3. Does your law make compulsory licences subject to the conditions enumerated in Article 31
of the TRIPS Agreement?  If exceptions are provided for, please describe in detail what these
exceptions are and how they apply in your law.
4. Does your legislation provide for the principal of the reversal of burden of proof in a process
patent litigation?  Please name the relevant law and explain the relevant sections.
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
authorization of a pharmaceutical or of an agricu ltural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a secondapplicant from relying on, or from referring to the or iginal 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?
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