RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/320/Add.1
21 November 2001
(01-5918)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by the European Communities and their member States
Addendum
By means of a communication from the Permanent Mission of the European Commission, dated
20 November 2001, the Secretariat has received a copy of the following questions that the European
Communities and their member States have communicated to India.
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A. GENERAL PROVISIONS
1. Please confirm whether 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 andtechnological development as mentioned under Article 8 of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (the "TRIPS Agreement").  Please explain how such measures are consistent
with the provisions of  the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS – THE COPYRIGHT ACT 1957 AS AMENDED BY THE
COPYRIGHT (AMENDMENT ) ACT 1999 ( THE "ACT");  THE INTERNATIONAL COPYRIGHT ORDER 1999 AS
AMENDED BY THE INTERNATIONAL COPYRIGHT (AMENDMENT ) ORDER 2000 ( THE "ORDER ")
2. Please define in more detail the meaning of "literary database" in Section 2(o) of the Act.
3. Does protection for databases extend to compilations "whether in machine-readable or other
form" as required by Article 10.2 of the TRIPS Agreement?
4. Please confirm whether the same level of protection is given to registered copyright (Section 44
of the Act) and unregistered copyright.  Please explain any differences in the level of protection given.
5. Please explain how the rights of phonogram produc ers, set out in Article 14 of the TRIPS
Agreement, are protected.
6. Please state how your legislation grants the retroactive protection required pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
7. Please explain how your legislation implements Article 50 of the TRIPS Agreement.IP/C/W/320/Add.1
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8. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
9. Please explain how the Act implements Articles 51 – 58 of the TRIPS Agreement.
10. Please indicate whether or not your legislation provides for a de minimis  imports exception.
C. TRADEMARKS – TRADE MARKS ACT 1999
11. Please explain the scope of the phrase "scandalous or obscene matter" and how it will be applied
as a reason to prohibit the register of certain trademarks in accordance with Article 9.2.(c) of the Act.
12. Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as
sound, perfumes and containers are protectable.
13. Please explain the meaning of the word "identity" in Article 11.1(a) and 29.2(c) of your Act.
Please confirm whether these provisions refer to trademarks that are identical to registered trademarks.
14. Please explain in more detail the definition in Article 2 (zg) of a "well-known trade mark" and
explain fully the extent to which a well-known trademark will be protected, and the conditions necessary
for protection.
15. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
16. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
17. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
18. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
19. Please indicate whether or not your legislation provides for a de minimis  imports exception.
D. GEOGRAPHICAL INDICATIONS – G EOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND
PROTECTION ) ACT 1999
20. Please confirm the duration of protection given to geographical indications under the Act,
whether registered or not.
21. Please explain the scope of the provision extendi ng the definition of geographical indication to
manufactured goods where "one of the activities of either the production or of processing or preparation
of the goods concerned takes place in such territory, region or locality" (Article 2(e)). Please give
examples if possible of when this definition has been applied to manufactured goods.
22. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.IP/C/W/320/Add.1
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23. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
24. Please confirm whether the same protection is given to geographical indications that are
registered and those that are not registered under the Act.  Please explain any dissimilarities. In particular
please explain the scope of Articles 20(1) and 23(2) of the Act.
E. INDUSTRIAL DESIGNS – DESIGNS ACT 2000
25. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
26. Please explain the scope of the phrase "scandalous or obscene matter" and how it will be applied
as a reason to prohibit the register of certain designs (Article 4(d) of the Act).
27. Please define in more detail novelty and originality of industrial designs for the purposes of the
Act.
28. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
29. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
F. PATENTS
30. Please describe how your legislation defines the notions of novelty, inventiveness and industrial
application.
31. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions (for example, exclusions based on ordre public  or moral grounds, or in relation to
diagnostic, therapeutic and surgical methods; animals; essentially biological processes, and
pharmaceutical and agricultural chemical products).  If exclusions are provided for, please describe in
detail how these exclusions are applied in legal as well as practical terms.
32. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected by your legislation.  Please explain, in this respect, the relevant
sections of your legislation.
33. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
34. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, pleasepoint out the relevant legislation.
35. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to the relevant legislation.IP/C/W/320/Add.1
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36. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
37. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS – T HE SEMICONDUCTOR
INTEGRATED CIRCUITS LAYOUT DESIGN ACT 2000
38. Please describe how your legislation provides for effective action against infringement of
topography rights.
39. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
H. UNDISCLOSED INFORMATION
40. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
41. Please explain how your legislation defines "undisclosed information".
42. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. ENFORCEMENT1
43. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
44. Please explain whether or not your legislation provides for a mechanism to appeal final
administrative decisions to judicial bodies.
45. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
46. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
47. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
48. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
                                                     
1  The following questions should be answered in relation to the following intellectual property rights –
industrial designs, patents and undisclosed information.IP/C/W/320/Add.1
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49. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
50. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
51. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
52. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
53. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
54. Please indicate whether or not your legislation provides for a de minimis  imports exception.
55. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
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