RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/291/Add.1
23 November 2001
(01-5974)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from the United Arab Emirates to the questions posed by
the European Communities and their member States
Addendum
By means of a communication from the delegation of the United Arab Emirates dated
22 November 2001, the Secretariat has received the following responses to questions posed by theEuropean Communities and their member States, as circulated in document IP/C/W/274.
_______________
A. G
ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
In addition to specific laws related to the protection of public health and nutrition, including
the Anti-fraud and Defraud Law, Civil Law, the 19 92 Patent and Design Law No. 44 in Section one
on Patents and Utility Certificates (Article 6) stipulates that neither a patent nor a utility certificate
shall be granted for the following:
- plant or animal research, or biological processes for the production of plants or
animals, with the exception of microbiological processes and products thereof,
- chemical inventions related to foodstuffs, drugs or pharmaceuticals, unless such
products are made by means of special chemical process, in which case protection
shall extend only to the process and not to the products of the processes,
- scientific principles and discoveries,- inventions related to national defense,
- inventions, which, if disclosed or exploited, would be contrary to public policy and
morality.
It is to be noted however that, in order to be consistent with the provisions of the TRIPS
Agreement, the draft amendment of the 1992 Patent and Design Law No. 44 will introduce newelements by eliminating the mention of the second above-mentioned sub-paragraph (ii) as exceptionIP/C/W/291/Add.1
Page 2
from granting patent.  In addition, the amendment will introduce diagnostic, therapeutic and surgical
methods for the treatment of humans or animals among exceptions from granting patent as provided
for in Article 27 of the TRIPS Agreement.
Furthermore, Section two of the 1992 Patent Law provides for compulsory licences and the
reasons of obtaining them in addition to the procedure stipulated in Article 29 under which they are
granted.  These provisions are also amended to bring the above-mentioned Law in conformity with
Articles 30 and 31 of the TRIPS Agreement and to facilitate reading and understanding thereof.  The
new elements introduced through the amendment are mainly related to the non-exclusivity of
compulsory licenses, their restriction to the local  market, and the fair compensation for the patent
owner.  The efforts to be exerted within reasonabl e period of time for obtaining voluntary license, the
prohibition to transfer compulsory licenses and other conditions are also introduced through theamendment to conform to the TRIPS provisions.  The public emergency, the public interest and non-
commercial uses are also mentioned as grounds of granting compulsory licences.
B. C
OPYRIGHT AND RELATED RIGHTS
2.  Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works, as  specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the
Berne Convention (1971)).
The 1992 Copyrights Law No. 40 lays down provisions to protect the exclusive rights of
authors in relation with their literary and artistic works and determine the scope of the protection.
The 1992 Copyrights Law, Articles 37-44, provides for preventive measures and penalty
including confiscation, the closing of the institution violating copyright and prison and compensation.
The draft amendment will provide additional measures to allow enforcement of copyrights as
referred to in the TRIPS Agreement.  The obligations contained in Article 9 of the TRIPS Agreement
(Berne Convention Articles 1-21 except Article 6 bis) will be met through the extension of the scope
of copyright in terms of categories and subjects covered as well as the nature of the protection.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
The 1992 Copyrights Law No. 40 protects computer  programs.  Article 2 of this law mentions
computer programs under the scope of protection.
As mentioned in the answer to question no. 2, Articles 37-44 provide for preventive measures
and penalty in order to enforce and protect the owner rights, including computer programs.
The draft amendment will bring computer programs applications as well as databases into the
scope of copyright protection. It will introduce in clear terms the exclusive rights to exploit literary
works, including computer programs, databases and compilation of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
The rental right is available under the existing law through the right of free exploitation
provided for in Article 14 of the 1992 Copyright Law.  The rental right applies to all copyrights
except for the computer program if the program does not constitute itself the main subject of the
rental. It does not apply also to cinematography works unless the rental right is affecting their normal
exploitation.IP/C/W/291/Add.1
Page 3
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
The 1992 Copyright Law includes the rights of producers of phonograms and broadcasting
organisations under the protection of copyrights.  However, the broadcasting of normal news and
events do not fall under the umbrella of the protection unless they are assembled an innovative way or
were subject to a personal effort that deserves protection.
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
The protection doesn’t cover just ideas, procedures, methods of work or function, concepts,
principles, inventions and information as such even when they are expressed or explained or clarified
or included a copyright.  The protection does not cover also official documents regardless of their
original language or the language to which is translated.  The broadcasting of normal news and eventsdoes not benefit from the protection unless they are assembled in an innovative manner or subject to a
personal effort that deserves such a protection as mentioned above.
7. Please state the terms of protection of each right described above and the work or subject
matter to which it applies.
The term of protection of copyrights and neighbouring rights is determined as follows:
- As regards the author rights, the term of protection is determined by the period of life
of the owner and 25 years after his death.  The draft amendment will extend thisperiod to 50 years as referred to in the TRIPS Agreement.
- The term of protection of the rights of the joint authors is determined by their period
of life and 50 years begin from the date of the death of the last surviving author.
- The term of protection of the authors of collective works except the authors of applied
arts is 50 years begin from the date of the first publication.
- The term of protection of the rights of the authors of the applied artwork is 25 years
from the date of their publication.
- The term of protection of the rights of the performers is 50 years from the date of the
Accomplishment of the work performed. If the performance was fixed in a
phonogram the period would be calculated from the end of the year in which the
fixation was made.
- The term of protection of the rights of the producers of phonograms is 50 years from
the date of publication or fixation if it was not published.
- The term of protection of the rights of the broadcasting organisations is 20 years from
the next year to the year in which the first transmission of the program was made.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
[No response received]IP/C/W/291/Add.1
Page 4
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
The 1992 Trademarks Law No. 37 defines in its Article 1 a sign as a drawing which can be
seen and which constitutes one element.
Article 2 of the same law considers as trademark, among others, signs, which take a particular
form if they are used to distinguish goods, products or services, or to indicate that the products, goods
or services are the properties of the owner of the mark.
10. Please confirm whether or not services are a protectable subject matter in your trademark
law.  Please confirm if signs, such as trade names, are protectable.  Please describe if elements such
as sound, perfumes and containers are protectable.
The 1992 Trademarks Law provides for protection of services-related trademarks in the same
conditions of the protection of goods-related trademarks.  The sign is protected if it constitutes a
trademark as explained in the answer to question no. 9.
The sound constitutes an element of the trademark if it accompanies the trademark.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration
in that respect.
Article 22 of the Trademarks Law allows the court to decide on the deletion of the registration
of a trademark if it was determined that the mark has not been used effectively during five years
unless the owner justifies the non-use of the trademark. The amendment of this article will further
clarify this situation by adding that the non-use of the trademark should not be a reason of the deletion
if it is outside of the power and the will of the owner.
12. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
Article 19 of the Trademarks Law permits that the registration of trademarks be indefinitely
renewable.
13. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
The 1992 Trademarks Law in its Article 3 prohibits the registration of marks that are contrary
to the morality or to the public order.  The marks aimed at confusing the public with regard to the
origin of the goods or services or including counterfeit or fraud, etc are not permitted.
The by-law of the 1992 Trademarks Law defines administrative requirements under which a
trademark is registered.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.IP/C/W/291/Add.1
Page 5
The Trademarks Law allows the trademarks registration authority to refuse a trademark
application if it contains a geographical indication that its use leads to confuse the public with regard
to the origin of the related goods or services.
15. Please give the definition of a geographical indication in your legislation.
The Trademarks Law does not contain a definition of geographical indication as such.
However, all sorts of names, including geographical indications, are considered as trademarks if they
are used to distinguish goods or services with regard to their production, selection or
commercialisation.  The explicit exclusion of geographical indications, which lead to confusing the
public with regard to the origin of the concerned goods or services, confirms that the Trademarks Law
covers the geographical indications as referred to in the TRIPS Agreement.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
See the answer to question no. 15.
17. 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.
The Trademarks Law does not provide any additional protection to wines and spirits.
18. 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.
[No response received]
E. I NDUSTRIAL DESIGNS
19. 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.
 The 1992 Patent, Designs and Industrial Models Law No. 44 defines in its Article 1 the
industrial design as any form constituted by lines or colours, or any three-dimensional form that is
primarily related to lines or colours, provided that it has a specific appearance and can be used as a
model in industry or handicraft.
The amendment of this article will distinguish between a drawing, which is any form of lines
or colours, and the industrial model, which is any isometric structure.
Textile designs are protected under the above-mentioned Law as industrial designs.
The term of the registration of an industrial design is five years and it may be renewed for two
successive periods (Article 48 of the above-mentioned law).  The amendment will extend the period
of protection to ten years as referred to in the TRIPS Agreement.
Article 49 prevents third parties from using the industrial design for manufacturing any
product and importing any product related to the industrial design or processing it for the purpose of
offering it for sale or to sell it.IP/C/W/291/Add.1
Page 6
20. Please explain how your legislation protects right holders of a design against importing of
articles bearing embodied or copied design.
See the answer to question no. 19.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
No.
22. Please indicate for what period of time your  legislation grants protection for industrial
designs.
The 1992 Patent and Design Law No. 44 provides for a protection of industrial design for five
years and it may be renewed for two successive periods (Article 48 of the Law).  The amendment to
this article will extend the period of protection to ten years as referred to in the TRIPS Agreement.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Article 4 of the Patent Law No. 44 defines the invention as a result of an innovative idea or an
innovative improvement on a patented invention.  Both the idea and the improvement should be
scientifically founded.
An invention could be considered under the above-mentioned article as industrially applicable
if it can be applied or used in any kind of industry, which should be understood broadest senses andincludes agriculture, hunting, handicraft and services.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are
enjoyed without any exclusion.  If exclusions are provided for, please describe in detail how these
exclusions are applied in legal as well as practical terms.
Article 6 of the Patent Law provides for exclusion from patentability as follows:
- plant or animal research, or biological processes for the production of plants or
animals, with the exception of microbiological processes and products thereof,
- chemical inventions related to foodstuffs, drugs or pharmaceuticals, unless such
products are made by means of special chemical process, in which case protectionshall extend only to the process and not to the products of the processes,
- scientific principles and discoveries,
-  inventions related to national defense,
- inventions, which, if disclosed or exploited, would be contrary to public order and
morality.
To conform to the provisions of the TRIPS Agreement, the draft amendment of the 1992
Patent and Design Law No. 44 will introduce new elements by eliminating the mention of the second
above-mentioned sub-paragraph tiret 2 as exception from granting patent.  In addition, the amendmentIP/C/W/291/Add.1
Page 7
will introduce diagnostic, therapeutic and surgical methods for the treatment of humans or animals
among exceptions from granting patent as provided for in Article 27 of the TRIPS Agreement.
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of yourlegislation and explain its formulation.  Please also explain if it has been applied in practice.
See the answer to question no. 24.
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your legislation and
explain its formulation.
The 1992 Patent Law No. 44 does not mention diagnostic, therapeutic and surgical methods
as excluded from the patentability.  The amendmen t foreseen to this law, however, will introduce
diagnostic and surgical methods for the treatment of humans and animals into the category of the
inventions excluded from the patentability.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Plants or animal research, or biological processes for the production of plants or animals, are
excluded from the patentability under the 1992 Patent  Law No. 44, whereas microbiological processes
and related products are not (Article 6).
28. Please describe how microorganisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation.  Please explain, in this respect, the
relevant sections of your legislation.
Micro-organisms, microbiological processes are protected under the Patent Law which
mentions in its Article 6 that the microbiological processes and products thereof are excepted from the
category of the inventions excluded from the pate ntability as mentioned in the answer to the
question no. 27.
29. Please explain how your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
Article 15 of the 1992 Patent Law No. 44 prevents third parties from making, or importing the
product, offering it for sale, selling it and using it, or stoking it for the purposes of offering for sale or
use when the patent has been granted for a product.  The same article prevents the third parties from
using the process, or engaging in any of the acts referred to above in relation to a product obtained by
the means of the process when the patent has been granted for a process.
The amendment to be introduced to this article will modify the drafting of the text in keeping
the substance of its provisions preventing importing and offering for sale of a patented invention on
one hand, and on the other hand, to affirm the right holders in exploiting his invention.
30. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
The 1992 Patent Law does not provide for patent product protection of pharmaceutical and
agricultural chemical products. Article 6 of the Law states that no patent is granted to chemicalIP/C/W/291/Add.1
Page 8
inventions related to foodstuffs, medical drugs or pharmaceuticals, in which case protection shall
extend only to the process and not to products of the process.
However, the amendment foreseen to this article to conform to the TRIPS Agreement will
delete this exclusion and therefore pharmaceutical and agricultural chemical products will benefitfrom the patent protection as referred to in the TRIPS Agreement.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers
the product obtained directly by that process.
The Patent Law No. 44 in its article 17 states that the patent rights shall be restricted to the
acts conducted for industrial or commercial purposes and shall not cover the acts related to theprotected product once it has been sold.  However, if the patent is related also to a particular use of the
product, the holder shall be entitled to the right of such utilisation.
The amendment will, however, aim to delete this provision and replace it by a provision,
which provides for a clear protection of the product obtained directly by the protected process.  It willstate that if the invention subject is an industrial process for manufacturing a product, the patent
holder is entitled to the same right in respect of the product obtained by using such process, in
addition to his right in using such method or process.
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant legislations and describe the additional conditions in detail.
The by-laws of the Patent Law defines the conditions under which the patent is registered.
The by-laws do not impose additional conditions other than those mentioned in the Article 29 of the
TRIPS Agreement.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
 The Patent Law No. 44 does not provide any exception to the exclusive rights conferred by a
patent.  However, the foreseen amendment to the law will introduce some exceptions in this regard.  It
will state that the rights entitled by the letters patent shall not apply on scientific research and the use
of the subject of the patent in transportation vehicles that enter UAE temporarily or contingently,
provided that the use is restricted to the needs of such vehicles.
34. 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.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
The Patent Law No. 44 provides for compulsory licensing (Articles 23-33).
Under this Law, the compulsory licence is grante d to the third parties for one or more of the
following reasons:
- the invention is not being exploited
- the exploitation is not sufficient to respond reasonably to the demand for the product
- the exploitation has been suspended for two consecutive yearsIP/C/W/291/Add.1
Page 9
- the refusal of the owner to conclude a license contract under fair terms has seriously
impeded the development of industrial or commercial activities
Article 27 of the Patent Law stipulates that the compulsory licence shall be granted only to
the requesting person who provides the necessary guarantees that the invention will be exploited
sufficiently to overcome the shortcomings, and respond to the needs, that have led to the compulsory
licence being requested.
Article 29 states that the granting of compulsory licence is the responsibility of the competent
court, which decides on the acceptance or refusal of the request for the compulsory licence.
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts
to obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time.  In this context, how do you
define "reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominantly for the supply to the domestic market of theMember authorizing such use.
The amendment to Article 23 of the Patent Law will introduce the condition that the applicant
for licensing should prove that he exerted, within a reasonable period of time, efforts for obtaining a
license from the patent holder with a reasonable compensation and under reasonable commercialconditions.
Article 24 of the Patent Law excludes explicitly the right to import the product from the rights
conferred to the beneficiary of compulsory licence.
36. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection have lapsed.
The term of protection of patents is determined by a period of time of 20 years.  The current
law provides for protection for a period of time of 15 years which may be extended once for five years
(Article 14 of the 1992 Patent Law No. 44).  The amendment will provide for a protection of 20 years
in order to conform to Article 33 of the TRIPS Agreement and does not provide for extension in thisregard.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
[No response received]
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
The 1992 Patent Law does not provide for the reversal of the burden of proof in relation to
process patents (Articles 58-61 concerning preventive measures, offences and penalty).  However, the
amendment to this articles will state that in case of litigation concerning the patent related to a
process, the court shall have the authority to order the defendant to prove that the process which he
has used is different from the patented process protected by a patent.
39. Please explain which mechanism does your legal framework envisions to ensure that only
legitimate patent owners are allowed to manufact ure or to authorise to manufacture pharmaceutical
products.  Please explain how any such mechanism applies and has applied in the transitional periods
following amendments to th e applicable laws, if any.IP/C/W/291/Add.1
Page 10
Article 15 of the Patent Law provides for preventive measures against illegal acts performed
by third parties as explained above.  However, Article 6 excludes chemical inventions related to
pharmaceuticals, unless such products are made by means of special chemical processes, in which
case protection is extend only to the processes and not to products of the processes.
The amendment foreseen to Article 6 above, however, will delete the exclusion and bring the
pharmaceutical processes and products under the protection of the law.  The new articles will state
that pharmaceutical products shall be subject to protection as of 1 January 2005.
In the transitional period, the Administration is continuing to receive the patent applications in
this field, which should be recorded in the patent Register.  Furthermore, the amendment states that ifthe letters patent is issued in one of the Member states of the WTO for protecting patents related to
such applications and if the holder is licensed to market his invention, then the applicant shall have
the right of a exclusive marketing for such inventions, as of the date of licensing from competent
parties in the UAE, in pursuance of the TRIPS Agreement provisions.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
40. Please describe how your legislation protects Topographies.
Topographies are protected under the 1992 Copyrights and Neighbouring Rights Law.
41. Please explain what protection your national legislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
The 1992 Copyright and Neighbouring Rights Law and the amendment foreseen provide for
preventive measures, including imprisonment and payment of fine, for anyone who manufacture or
import unlawfully for the purpose of sale or rental  of any equipment, instruments, or apparatus
designed or prepared for the purpose of fraud agains t any technology used by the author or the holder
of the neighbouring right.
42. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit that
it contains an unlawful topography.
[No response received]
43. Please state the term of protection granted by your legislation to topographies.
[No response received]
H. P ROTECTION OF UNDISCLOSED INFORMATION
44. 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.
The UAE legislation does not define the period of time for the protection of undisclosed
information.  However, the 1992 Patent Law No. 44 in its article 41 provides that the provisions on
the exploitation, surrender, transfer and licensing of  the inventions shall be applicable to know-howIP/C/W/291/Add.1
Page 11
contracts.  This provision could be interpreted in such a way to link the term of protection of
undisclosed information with the related patent.
45. Please explain how your legislation defines "undisclosed information".
The Patent Law in Article 39 states that know-how shall be protected against any unlawful
use, disclosure or communication by third parties unless it has been published or made available to the
public.  The following Articles 40-42 provide for provisions related to the necessary steps to preserve
the confidentiality, including the contract, which must be concluded for this purposes.
The by-laws of the Patent Law provide further explanations of the conditions needed to
protect undisclosed information.
The Civil Service Act prevents from any disclosure of information made by public servants.The by-laws of the Patent Law provide detailed conditions to be observed by the registration
agent and the Registration Committee, including the observance of the principles of the professionand the enforcement of the Law.
In all cases, the holder shall take the necessary steps to preserve the confidentiality of its
information.
46. Please explain how your legislation defines da ta submitted to governments or governmental
agencies.
[No response received]
I. E
NFORCEMENT
47. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
The three IP laws, namely the Patent Law, Trademarks Law and Copyright Law, provide for
preventive measures against infringement of intellectual property rights. These provisions
encompasses various measures ranging from the definition of illegal acts to preventive and punitivemeasures:
- the 1992 Trademarks Law (Articles 37-43)
- the 1992 Copyright Law (Articles 38-44)
- the 1992 Patent Law (Articles 58-61)
These laws provides also for remedy measures like preventive seizure, confiscation,
destruction of product and equipment as well as removing of the effects of the illegal acts andcompensation.
48. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
Yes, all these laws and others provide for appeal to judicial bodies of administrative
decisions.  With regard especially for example to  compulsory licensing, the possibility to appeal is
mentioned in Article 33 of Patent Law.IP/C/W/291/Add.1
Page 12
49. 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.
The Evidence Law provides the basis of the production of evidence in the light and the
protection of confidentiality therein.
50. Please quote provisions of your legislati on that authorize judges to order a defendant to
desist from an infringement.
Article 58 of the Patent Law provides that the owner of the patent may request the competent
court, either before or during the civil or criminal proceeding, to issue a writ of attachment on theinvention or industrial design, or on the establishment or the part of establishment using or exploiting
a patent, in relation to which an infringement or an unlawful act has been committed.
The other IP laws provides for the same principle.
51. 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.
The Civil Transactional Law provides for compensation for the opposing party who has been
subject to the injury he suffered.
52. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
See the answer to question no. 51.
53. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
See the answers to questions nos. 47 and 50.
54. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
[No response received]
55. Please explain how your legislation impl ements Article 50 of the TRIPS Agreement.
Article 58 of Patent Law provides that the owner of the patent may request the competent
court, either before or during the civil or criminal proceeding, to issue a writ of attachment on the
invention or industrial design, or on the establishment or the part of establishment using or exploiting
a patent, in relation to which an infringement or an unlawful act has been committed.
Temporary and rapid measures against any violation of intellectual property rights are
provided in the other laws.
Customs department is allowed to take measures at the borders to prevent any violation of
intellectual property rights in accordance the above-mentioned laws as well as under Customs
regulations.  These measures are taken either following the demand of the right holder or on the basis
of judicial order.IP/C/W/291/Add.1
Page 13
56. Please identify the competent authorities in your jurisdiction that receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
 The competent court is responsible to decide on preventive seizure. Customs are also
responsible for suspension of customs release for a fixed period in response to an application by therights holder or the public prosecution or by its own initiative.
57. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
The same rules mentioned in the answer the question no. 56 are applied to this question.
58. Please quote what provisions of your legislation authorize the competent authorities to order
the destruction or disposal of infringing goods.
The Patent Law Article 61 allows the court to order the destruction of the equipment used in
committing the act of imitation and remove the effects of any illegal act.
The Copyright Law provides for the same measures.The Trademarks Law Article 43 provides for the destruction of the illegal marks and the
products and packaging and tools of packaging and other articles bearing in the illegal marks.
59. Please indicate whether or not your legislation provides for a de minimis imports exception.
[No response received]
60. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
Punishment related to illegal acts that affect intellectual property rights are provided in the
three intellectual property rights laws.  Imprisonment and a fine are provided as sanctions in
Article 37 of the 1992 Trademarks Law No. 37, Articl e 60 of the 1992 Patent Law No. 44 and in the
1992 Copyright Law Article 37.
__________