RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/151
9 August 1999
(99-3372)
Council for Trade-Related Aspect
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by the United States
By means of a communication from the Permanent Mission of the United States, dated
3 August 1999, the Secretariat has received a copy of the following questions that the United States
had addressed to the Kyrgyz Republic and Latvia.
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KYRGYZ REPUBLIC
1. With respect to each form of intellectual property right covered by Part II of the TRIPS
Agreement and with respect to enforcement, please describe the manner in which the KyrgyzRepublic has assured that nationals of other WTO Members receive treatment no less favourable than
Kyrgyz nationals with regard to matters affecting the availability, acquisition, scope, maintenance and
enforcement of such rights.
2. Please describe in detail the manner in which the Kyrgyz Republic has implemented its
obligation under Article 18 of the Berne Convention incorporated into the TRIPS Agreement by
Article 9.1, and under Article 14.6 of the TRIPS Agreem ent, to restore protection for copyrights and
sound recordings that are still under protection in their country of origin and have not had a full term
of protection in the territory of the Kyrgyz Republic.
3. Article 5.1 of the Law on Copyright and Neighbouring Rights extends protection to published
and non-published works that exist in some objective form outside the Kyrgyz Republic that areowned by the authors who are citizens of other countries that are members of international agreements
to which the Kyrgyz Republic belongs.  Please describe how copyright protection is extended to
authors who are not nationals of a Berne Union Member but whose works are first published, or
simultaneously published, in a Berne Union Member as required by Article 3(1) of the Berne
Convention, incorporated into the TRIPS Agreement by Article 9.1 thereof.
4. Article 7.1 of the Law on Copyright and Neighbouring Rights provides protection for
computer software for all types of computers including applied programmes and operation systems.
Are the computer programmes protected "as literary works under the Berne Convention (1971)" as
required by Article 10.1 of the TRIPS Agreement?
5. Please describe in detail the manner in which well-known trademarks are protected in the
Kyrgyz Republic.
6. Please describe in detail the manner in which a patent compulsory licence might be granted in
the Kyrgyz Republic, indicating how each of the circumstances under Article 31 of the TRIPS
Agreement is established.IP/C/W/151
Page 2
7. Article 39.3 of the TRIPS Agreement requires that WTO Members protect data submitted to
obtain marketing approval for agricultural chemicals and pharmaceutical products against unfair
commercial use and against disclosure.  Please explain in detail the manner in which the Kyrgyz
Republic provides such protection.
8. Article 41.3 of the TRIPS Agreement requires that decisions on the merits of a case
preferably be in writing the better to determine the reasoning on which the decision is based.  Please
state, in regard to each court or administrative body with jurisdiction over intellectual property
disputes, whether judges or administrative officials must render their decisions in writing and cite the
legal authorities requiring such written opinion.
9. Under Article 42, parties are to be entitled to substantiate their claims and present relevant
evidence.  Please describe any limitations under the law of the Kyrgyz Republic on a party's ability to
substantiate a claim or present relevant evidence and cite the legal authority providing such limitation.
10. Article 43.2 provides that, in the event a party refuses to provide information ordered by the
judicial or administrative officials, those official s may be authorized to make preliminary and final
determinations adverse to that party.  Please describe what sanctions may be imposed on a party that
refused to provide ordered information and under what circumstances those sanctions are imposed,
citing the legal authority for those sanctions.
11. Article 44.2 authorizes WTO Members to except from the authority of courts to enjoin
infringements of intellectual property for government use and for third parties' use on behalf of
governments, limiting the remedy for infringement  to payment of adequate remuneration.  Please
describe any such limitations on remedies under the laws of the Kyrgyz Republic and cite the legal
authorities providing for those limitations.
12. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
1998, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement);  and the amount of damages awarded.
13. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 1998, including the number of raids, prosecutions, convictions,
and the amount of fines and/or jail terms (including whether the fines were paid and whether the jail
term was actually served or was suspended) and an y other information establishing that your criminal
system operates effectively to deter copyright piracy and trademark counterfeiting.
LATVIA
1. With respect to each form of intellectual property right covered by Part II of the TRIPS
Agreement and with respect to enforcement, please describe the manner in which the Republic ofLatvia has assured that nationals of other WTO Members receive treatment no less favourable than
Latvian nationals with regard to matters affecting the availability, acquisition, scope, maintenance,
and enforcement of such rights.
2. Please describe in detail the manner in which the Republic of Latvia has implemented its
obligation to restore protection for copyrights and sound recordings that are still under protection in
their country of origin and have not had a full term of protection in the territory of the Republic of
Latvia.IP/C/W/151
Page 3
3. Are computer programmes protected as literary works under the copyright law of the
Republic of Latvia?
4. Article 8 of Latvia's trademark law provides for the rejection of applications for trademark
registrations and for cancellation of registered trademarks that are identical with or similar to a well-known trademark.  Please describe in detail the manner in which well-known trademarks are protected
in the Republic of Latvia against use by unauthorized parties.
5. Please describe what is envisioned by the limited exception to exclusive patent rights
contained in Article 32(1) of Latvia's Patent Law allowing others to use an invention for "non-
commercial" (non-profit) purposes and provide specific examples.
6. Please describe in detail the manner in which a court in the Republic of Latvia might grant a
patent compulsory license under Article 39 of Latvia's Patent Law, indicating how each of the
required circumstances under Article 31 of the TRIPS Agreement is established.
7. Article 39.3 of the TRIPS Agreement requires that WTO Members protect data submitted to
obtain marketing approval for agricultural chemicals and pharmaceutical products against unfair
commercial use and against disclosure.  Please explain in detail the manner in which the Republic of
Latvia provides such protection.
8. Article 41.3 of the TRIPS Agreement requires that decisions on the merits of a case
preferably be in writing the better to determine the reasoning on which the decision is based.  Please
state, in regard to each court or administrative body with jurisdiction over intellectual property
disputes, whether judges or administrative officials must render their decisions in writing and cite the
legal authorities requiring such written opinions.
9. Under Article 42, parties are to be entitled to substantiate their claims and present relevant
evidence.  Please describe any limitations under the law of the Republic of Latvia on a party's ability
to substantiate a claim or present relevant evidence and cite the legal authority providing such
limitation.
10. Article 43.2 provides that, in the event a party refuses to provide information ordered by the
judicial or administrative officials, those official s may be authorized to make preliminary and final
determinations adverse to that party.  Please describe what sanctions may be imposed on a party that
refused to provide ordered information and under what circumstances those sanctions are imposed,
citing the legal authority for those sanctions.
11. Article 44.2 authorizes WTO Members to except from the authority of courts to enjoin
infringements of intellectual property for government use and for third parties' use on behalf of
governments, limiting the remedy for infringement  to payment of adequate remuneration.  Please
describe any such limitations on remedies under the laws of the Republic of Latvia and cite the legal
authorities providing for those limitations.
12. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design and trade secret enforcement for
1998, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement);  and the amount of damages awarded.
13. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 1998, including the number of raids, prosecutions, convictions
and the amount of fines and/or jail terms (including whether the fines were paid and whether the jailIP/C/W/151
Page 4
term was actually served or was suspended)  and any other information establishing that your criminal
system operates effectively to deter copyright piracy and trademark counterfeiting.
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