RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/274
12 June 2001
(01-2910)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by the European Communities and their member States
By means of a communication from the Permanent Mission of the European Commission, dated
7 June 2001, the Secretariat has received copies of the following questions that the European
Communities and their member States have communicated to Albania, Antigua and Barbuda, Argentina,
Bahrain, Botswana, Costa Rica, Côte  d'Ivoire, Croatia, Dominica, Dominican Republic, Egypt, Fiji,
Georgia, Ghana, Honduras, Jamaica, Kenya, Mauritius, Morocco, Nicaragua, Oman, the Philippines,
Saint Kitts and Nevis and the United Arab Emirates, respectively.
_______________
ALBANIA
A. GENERAL PROVISIONS
1. Please describe if 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 and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. COPYRIGHT 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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.IP/C/W/274
Page 2
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.IP/C/W/274
Page 3
E. INDUSTRIAL 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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. PATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS Agreement ( e.g. submission of justification forIP/C/W/274
Page 4
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.
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.
34. 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.
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 acompulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. 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
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. PROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.IP/C/W/274
Page 5
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/274
Page 6
ANTIGUA AND BARBUDA
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 sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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 inthat respect.IP/C/W/274
Page 7
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.IP/C/W/274
Page 8
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.IP/C/W/274
Page 9
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPSAgreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/274
Page 10
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
ARGENTINA
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.
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 BerneConvention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.IP/C/W/274
Page 11
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
19. Please provide examples of geographical indications for wine under the applicable legislation and
how they comply with the definition of Article 22.1 of the TRIPS Agreement.
20. Please explain which legal criteria determine whether the use of a certain geographical indication
for wine, which, although literally true as to the territory, region or locality in which the wine is made
falsely represents to the public that the goods originate in another territory (Article 22.4 of the TRIPSAgreement).IP/C/W/274
Page 12
21. Please explain how your legislation implements the obligation of Article 24.3 of the TRIPS
Agreement of not to diminish the level of protection of geographical indications that existed in a Member
immediately prior to the entry into force of the WTO Agreement where a new Argentinian geographical
indication conflicts with an existing, well-known geographical indication for wines of another WTO
Member.
E. I NDUSTRIAL DESIGNS
22. 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.
23. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
24. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
25. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
26. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
27. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
28. 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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
29. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
30. 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 andexplain its formulation.
31. Please describe how micro-organisms, 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.
32. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
33. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.IP/C/W/274
Page 13
34. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
35. 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 legislations and describe the additional conditions in detail.
36. 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.
37. 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.
38. 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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
39. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
40. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
41. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
42. Please describe how your legislation protects Topographies.
43. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
44. 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.
45. Please state the term of protection granted by your legislation to topographies.IP/C/W/274
Page 14
H. P ROTECTION OF UNDISCLOSED INFORMATION
46. 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.
47. Please explain how your legislation defines undisclosed information.
48. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
49. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
50. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
51. 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.
52. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
53. 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.
54. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
55. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
56. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
57. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
58. 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.
59. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
60. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
61. Please indicate whether or not your legislation provides for a de minimis imports exception.
62. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/274
Page 15
BAHRAIN
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 sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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 which requires Members to comply
with Articles 1-21 of the Berne Convention and the Appendix to the Berne Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.IP/C/W/274
Page 16
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.IP/C/W/274
Page 17
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.IP/C/W/274
Page 18
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPSAgreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/274
Page 19
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
BOTSWANA
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.
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 BerneConvention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.IP/C/W/274
Page 20
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.IP/C/W/274
Page 21
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.IP/C/W/274
Page 22
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPSAgreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.IP/C/W/274
Page 23
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
COSTA RICA
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 sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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 whichIP/C/W/274
Page 24
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.IP/C/W/274
Page 25
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.IP/C/W/274
Page 26
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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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, pleaseexplain how your national legislation considers individual merits in the authorization of such use.
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 acompulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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 containsan unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.IP/C/W/274
Page 27
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/274
Page 28
COTE D'IVOIRE
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 sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.IP/C/W/274
Page 29
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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 consideredas generic in your jurisdiction.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.IP/C/W/274
Page 30
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.IP/C/W/274
Page 31
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.IP/C/W/274
Page 32
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
CROATIA
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.IP/C/W/274
Page 33
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.IP/C/W/274
Page 34
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS Agreement (e.g. submission of justification forIP/C/W/274
Page 35
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.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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 knowwhen acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.IP/C/W/274
Page 36
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/274
Page 37
DOMINICA
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.IP/C/W/274
Page 38
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.IP/C/W/274
Page 39
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.IP/C/W/274
Page 40
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPSAgreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/274
Page 41
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
DOMINICAN REPUBLIC
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.
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 BerneConvention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.IP/C/W/274
Page 42
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.IP/C/W/274
Page 43
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.IP/C/W/274
Page 44
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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 containsan unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information .
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.IP/C/W/274
Page 45
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
EGYPT
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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 whichIP/C/W/274
Page 46
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
9. Please explain how your legislation provides for effective means of enforcement of the level of
protection of Article 14.2 of the TRIPS Agreement with regard to licensing and, in particular, how
Egyptian authorities authenticate that only licensing  agreements involving the legitimate licensors are
actually recognised as enabling Egyptian companies to manufacture and/or distribute music recordings.
In addition, please explain what legal means are available to the legitimate licensor of music recordings to
prevent recognised and yet unlawful licensees to continue to unlawfully manufacture/distribute musicrecording
C. T
RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. 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.
12. 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.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.IP/C/W/274
Page 47
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. 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.
19. 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.
E. I NDUSTRIAL DESIGNS
20. 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.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. 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.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. 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.IP/C/W/274
Page 48
29. Please describe how micro-organisms, 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.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. 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 legislations and describe the additional conditions in detail.
34. 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.
35. 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, pleaseexplain how your national legislation considers individual merits in the authorization of such use.
36. 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 acompulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
39. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
40. Please describe how your legislation protects Topographies.
41. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.IP/C/W/274
Page 49
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.
43. Please state the term of protection granted by your legislation to topographies.
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.
45. Please explain how your legislation defines undisclosed information .
46. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
47. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
48. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
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.
50. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
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.
52. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
53. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
54. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
55. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
56. 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.IP/C/W/274
Page 50
57. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
58. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
59. Please indicate whether or not your legislation provides for a de minimis  imports exception.
60. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
FIJI
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.IP/C/W/274
Page 51
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G
EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.IP/C/W/274
Page 52
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevantsections of your legislation.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 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 legislations and describe the additional conditions in detail.
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.
34. 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.
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 aIP/C/W/274
Page 53
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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 inco rporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information .
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.IP/C/W/274
Page 54
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
GEORGIA
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.
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 which requires Members to comply
with Articles 1-21 of the Berne Convention and the Appendix to the Berne Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.IP/C/W/274
Page 55
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G
EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.IP/C/W/274
Page 56
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.IP/C/W/274
Page 57
32. 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, please
point out the relevant legislations and describe the additional conditions in detail.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information .IP/C/W/274
Page 58
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/274
Page 59
GHANA
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 sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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 inthat respect.IP/C/W/274
Page 60
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.IP/C/W/274
Page 61
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 suchefforts 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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.IP/C/W/274
Page 62
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPSAgreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information .
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/274
Page 63
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
HONDURAS
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.IP/C/W/274
Page 64
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.IP/C/W/274
Page 65
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.IP/C/W/274
Page 66
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPSAgreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information .
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.IP/C/W/274
Page 67
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
JAMAICA
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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 whichIP/C/W/274
Page 68
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.IP/C/W/274
Page 69
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.IP/C/W/274
Page 70
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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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, pleaseexplain how your national legislation considers individual merits in the authorization of such use.
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 acompulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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 containsan unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.IP/C/W/274
Page 71
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/274
Page 72
KENYA
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 sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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 inthat respect.IP/C/W/274
Page 73
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.IP/C/W/274
Page 74
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.IP/C/W/274
Page 75
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPSAgreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/274
Page 76
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
MAURITIUS
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.IP/C/W/274
Page 77
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.IP/C/W/274
Page 78
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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 andexplain its formulation.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.IP/C/W/274
Page 79
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPSAgreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.IP/C/W/274
Page 80
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
MOROCCO
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 sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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 whichIP/C/W/274
Page 81
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.IP/C/W/274
Page 82
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.IP/C/W/274
Page 83
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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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 knowwhen acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.IP/C/W/274
Page 84
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.IP/C/W/274
Page 85
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
NICARAGUA
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.IP/C/W/274
Page 86
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.
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.IP/C/W/274
Page 87
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 suchefforts 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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.IP/C/W/274
Page 88
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. U NDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation au thorize judges to order the payment of the right
holder's expenses by the infringer.IP/C/W/274
Page 89
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
OMAN
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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 whichrequires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.IP/C/W/274
Page 90
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
D. G
EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.IP/C/W/274
Page 91
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevantsections of your legislation.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS Agreement ( e.g. submission of justification forIP/C/W/274
Page 92
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.
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.
34. 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.
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 suchefforts 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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.IP/C/W/274
Page 93
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/274
Page 94
THE PHILIPPINES
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 sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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 BerneConvention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T
RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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 inthat respect.IP/C/W/274
Page 95
12. Please confirm whether or not your legislation 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.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.IP/C/W/274
Page 96
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.IP/C/W/274
Page 97
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/274
Page 98
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
SAINT KITTS AND NEVIS
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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.IP/C/W/274
Page 99
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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 inthat respect.
12. Please confirm whether or not your legislation 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.
D. G
EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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 consideredas generic in your jurisdiction.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.IP/C/W/274
Page 100
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, 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.
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.IP/C/W/274
Page 101
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. 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.
42. Please state the term of protection granted by your legislation to topographies.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. 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.
44. Please explain how your legislation defines undisclosed information.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.IP/C/W/274
Page 102
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. 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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. 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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. 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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
UNITED ARAB EMIRATES
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 sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.IP/C/W/274
Page 103
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)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
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 Conventionsand in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided 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.
C. T
RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
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.
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.
12. Please confirm whether or not your legislation 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.
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/274
Page 104
15. Please give the definition of a geographical indication in your legislation.
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.
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.
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.
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.
20. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
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 your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
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.
28. Please describe how micro-organisms, 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.IP/C/W/274
Page 105
29. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented 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.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that 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 TRIPS 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.
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.
34. 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.
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 predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
39. Please explain which mechanism does your legal framework envisions to ensure that only
legitimate patent owners are allowed to manufacture or to authorise to manufacture pharmaceutical
products.  Please explain how any such mechanism applies and has applied in the transitional periods
following amendments to the applicable laws, if any.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
40. Please describe how your legislation protects Topographies.
41. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedIP/C/W/274
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circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
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 knowwhen acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
43. Please state the term of protection granted by your legislation to topographies.
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.
45. Please explain how your legislation defines undisclosed information.
46. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
47. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
48. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
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.
50. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
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.
52. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
53. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
54. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
55. Please explain how your legislation implements Article 50 of the TRIPS Agreement.IP/C/W/274
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56. 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.
57. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
58. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
59. Please indicate whether or not your legislation provides for a de minimis  imports exception.
60. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
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