RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/311
11 October 2001
(01-4947)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal: English
REVIEW OF LEGISLATION
Responses from Fiji to questions posed by Canada, Japan, Switzerland and the United States
By means of a communication from the Permanent Mission of Fiji dated 24 September 2001,
the Secretariat has received the following responses to questions posed by Canada, Japan, Switzerlandand the United States, as circulated in documents IP/C/W/261, 258, 263 and 268, respectively.
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CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and
throughout) have been implemented.
In response to Canada's first question, Fiji submits information it had compiled with regard to
its copyright law in relation to the questions in the Checklist of Issues on Enforcement as it coversmost issues applicable to Fiji's law arising fro m Articles 41 - 61 of the TRIPS Agreement.  (See
document IP/N/6/FJI/1)
2. What protection does your Copyright le gislation afford to “foreign works”?
Pursuant to s227(2), regulations maybe made by the Minister (in this instance the Attorney-
General), applying a specified provision of the Act in relation to:
"(a) persons who are citizens or subjects of a country or who are domiciled or resident in a
place - as it applies in relation to persons who are Fiji Island citizens or are domiciledor resident in the Fiji
(b) bodies incorporated under the law of a country or place - as it applies in relation to
bodies incorporated under the law of the Fiji Islands or in the case of an audio-visual
work, as it applies to a body which has its headquarters in a prescribed foreign
country. (prescribed by regulations under this Act - s2)
(c) works first published in a country or place - as it applies in relation to works first
published in the Fiji Islands.
(d) broadcasts made from, or cable programmes sent from a country or place - as it
applies in relation to broadcasts made from or cable programmes sent from, the FijiIslands."
Generally these regulations would apply to Convention countries and maybe subject to
specified exceptions and modifications or maybe applied generally or to a specified class of works.
These Regulations are not in place as yet.IP/C/W/311
Page 2
JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbou ring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
At present there are no exceptions or exemptions in place of the National Treatment and the
Most Favored Nation Treatment under Fiji's Copy right and Neighbouring Right Law, although the
power to do so is vested in the responsible Minister by way of regulations which he has not exercisedas yet.
Performers' Rights (Part X)
Division 8 which governs the Extraterritorial Application of Part X of the Copyright Act 1999
(which deals with Performer's Rights), cont ains the relevant regulation making power.
"201-(1) The Minister may by regulations apply in relation to any country or place
outside the Fiji Islands, any provision of this Part specified in the regulations.
(2) Regulations made under this section may -
(a) apply any provision of this Part subject to specified exceptions and
modifications; and
(b) direct that any provision of this Part applies either generally or in
relation to a specified class of performances
(3) The Minister must not make regulations under this section in relation to a
country or place unless satisfied
(a) in the case of a country that it is a Convention country, or
(b) in either case - that reciprocal provision has been or will be made
under the law of the country or place in respect of the class ofperformances to which the regulations relate."
Copyright (Part XIII - Division 3)
No exemptions or exceptions to the national treatment or most favoured nation treatment have
been formulated as yet since the passage of th e Copyright Act 1999, although the powers are vested
on the Minister under it to do so by way of regulations, pursuant to section 227 (3) which stipulates:
"(3) Regulations made under this section may –IP/C/W/311
Page 3
(a) apply any provision of this Act subject to specified exceptions and
modifications; and
(b) direct that any provision of this Act applies either generally or in relation to a
specified class of works, or other class of cases.
Section 227(4) of the Act stipulates:
(4) The Minister must not make any regulations under this section in relation to a country
or place unless satisfied -
(a) in the case of a country that it is a Convention country; or(b) in either case that provision has been or will be made under the law of the
country or place, in respect of the class of works to which the regulation
relates, giving adequate protection to copyright owners under this Act."
SWITZERLAND
A. G
EOGRAPHICAL INDICATIONS , B. P ATENTS , C. PROTECTION OF UNDISCLOSED INFORMATION
1.-6. [No responses received]
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most
favoured nation treatment are provided to nationals of other WTO Members and cite to the relevantprovisions of law.
Pursuant to s227(2), regulations may be made by the Minister (in this instance the Attorney-
General), applying a specified provision of the Act in relation to:IP/C/W/311
Page 4
(a) persons who are citizens or subjects of a country or who ore domiciled or resident in a
place - as it applies in relation to persons who are Fiji Island citizens or are domiciled
or resident in the Fiji Islands.
(b) in relation to bodies incorporated under the law of a country or place - as it applies in
relation to bodies incorporated under the law of the Fiji Islands or in the case of an
audio-visual work, as it applies to a body which has its headquarters in a prescribed
foreign country. (prescribed by regulations under this Act - s2)
(c) in relation to works first published in a country or place - as it applies in relation to
works first published in the Fiji Islands.
(d) in relation to broadcasts made from, or cable programmes sent from, a country or
place - as it applies in relation to broadcasts made from or cable programmes sent
from, the Fiji Islands."
Generally these regulations would apply to Convention countries and maybe subject to
specified exceptions and modifications or maybe applied generally or to a specified class of works.
These Regulations are not in place as yet.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Fiji protects computer programs as literary worksand complications of data as required by Article 10 of the TRIPS Agreement and cite to the relevant
provisions of law.
Computer programs are protected as any other work, with the issue of the author covered by
section 5(2) (a) of the Act which stipulates:
"(2) For the purposes of subsection (1), the person who creates a work is -
(a) in the case of literary, dramatic, musical or artistic work that is computer-
generated-the person by whom the arrangements necessary for the creation ofthe work are undertaken."
3. 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 Fiji.
Section 229(o) of the Act stipulates that:
"229. The Minister may make regulations for all or any of the following purposes –
(o) authorising, subject to specified conditions, the rental to the public of copies
of -
(i) any specified class or classes of computer program;
(ii) any specified class or classes of sound recording, or
(iii) any audio visual work or specified class or classes of audio visual
work, without the consent of the ow ner of the copyright in the work."IP/C/W/311
Page 5
Pursuant to s73 of the Act, copyright in a work (being a computer program, sound recording,
or audio visual work) is not infringed by the rental of that work to any person by an educational
establishment or a prescribed library if they do not rent out the work for profit or if the work has
previously been put into circulation with the licence of the copyright owner.
4. Please state the length and terms of protection the copyright law of Fiji provides for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
Section 22 Copyright in a literary, dramatic, musical or artistic work
expires at the end of 50 years after the end of the calendar
year in which the author dies.
Section 22(3) If the work is computer generated copyright expires at the
end of 50 years after the end of the calendar year of a
authorized publication of the work or if there is no authorized
publication within 50 years after the making of the work, at
the end of 50 years after the end of the calendar year of itsmaking.
Section 22(4) If the work is of unknown authorship copyright expires at the
end of 50 years after the end of the calendar year of
authorized publication of the work.
Section 23(3) Copyright in a sound recording or audio visual works expires
at the end of the period of 50 years from the end of the
calendar year in which the work is made or is first made
available to the public, or is first published, whichever is thelatest.
Section 24 Copyright in a broadcast or a cable programme expires at the
end of the period of 50 years from the end of the calendar
year in which the broadcast is made or the cable programme
is communicated to the public.
Section 25 Copyright in a typographical arrangement of a published
edition expires at the end of the period of 25 years from the
end of the calendar year in which the edition is first
published.
5. Please describe the protection the copyright law of Fiji provides for performers, and the term
of the protection.
Part X of the Copyright Act 1999 (Fiji), covers Performers' Rights, sections 166, 167 168 and
169 of which cover infringements by a person or persons, who without a performer's consent for acommercial purpose makes a recording of the whole or substantial part of a performance, by means of
an illicit recording or copies of a recording knowing or having reason to believe that it was made
without the performer's consent.
A performer's rights are infringed by a person who without the performer's consent imports
into Fiji other than for his private and domestic use or in the course of business possesses, sells or lets
for hire c recording that the person knows or ought to have known is on illicit recording.
6. 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 14.2IP/C/W/311
Page 6
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 Fiji implements these obligations and indicate the term of protection.
As indicated in response to question 5, the performer's rights ore protected in a number of
ways, but all of which require that the performer's consent is required.  For example, s166(1) of the
Act stipulates:
"(1) A performer's rights are infringed by a person who without the performer's consent -
(a) makes, otherwise than for the person's private and domestic use, a recording
of the whole or any substantial part of the performance; or
(b) broadcasts live, or communicates to the public, the whole or any substantial
part of a performance."
The performer's right to authorize or prohibit the commercial rental to the public of originals
or copies of their program may be implemented by regulations made by the Minister.
Section 201(2) of the Act, (contained in Part X covering Performer's Rights) stipulates:
"Regulations made under this section may -(a) apply any provisions of this Part subject to specified exceptions and modifications;
and
(b) direct that any provision of this Part applies either generally or in relation to a
specified class of performers."
C. T
RADEMARKS , D. G EOGRAPHICAL INDICATIONS , E. I NDUSTRIAL DESIGNS , F. P ATENTS ,
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS , H. P ROTECTION OF UNDISCLOSED
INFORMATION
7.-24. [No responses received]
I. ENFORCEMENT
25. Please describe in detail the manner in which the laws of Fiji provide for effective action
against infringement of intellectual property rights as required by Article 41 of the TRIPS Agreement.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
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 Fiji provide this
authorization, citing to the relevant provisions of law or regulation.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
27. Please describe in detail all of the civil remedies that are available to right holders under the
laws of Fiji, citing to the relevant provisions of law or regulation.IP/C/W/311
Page 7
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
28. Please describe in detail the provisional procedures and remedies available to right holders
under the laws of Fiji, citing to the relevant provisions of law and regulation, and indicate anycondition under which a right holder may avail itself of those procedures and remedies.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
29. Please describe in detail the procedures under the laws of Fiji 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.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
30. Please indicate if border enforcement is avai lable 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.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
31. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio.  Please explain whether the competent authorities in Fiji areempowered to act ex officio and, if so, please iden tify the intellectual property areas subject to ex
officio action.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
K. CRIMINAL PROCEDURES
32. Please describe in detail how the laws of Fi ji implement Article 61 of the TRIPS Agreement
that requires Members to have criminal proce dures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
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 offence.  Please describe the provisions in the laws of Fiji 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.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).IP/C/W/311
Page 8
L. STATISTICAL QUESTIONS
34. Please provide statistical information related to civil copyright, trademark, geographicalindication, 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.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
35. 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 and
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.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document
IP/N/6/FJI/1).
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