RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/322
21 November 2001
(01-5897)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by Japan
By means of a communication from the Permanent Mission of Japan, dated
17 November 2001, the Secretariat has received a copy of the following questions that Japan hascommunicated to Barbados, Brunei Darussalam, Cuba , Gabon, India, Lithuania, Malaysia, Nigeria,
Pakistan, Saint Vincent and the Grenadines, Senegal, Sri Lanka, Swaziland, Thailand, Tunisia,
Uruguay and Zimbabwe, respectively.
_______________
BARBADOS
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted inArticles 3 and 4 of the TRIPS Agreement.
BRUNEI DARUSSALAM
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
CUBA
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted inArticles 3 and 4 of the TRIPS Agreement.IP/C/W/322
Page 2
GABON
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
INDIA
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
B. TRADEMARKS
2. Regarding "well-known trademarks", please  explain how legislation of your country
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6 bis of the Paris
Convention shall apply, mutatis mutandis , to.  Please cite the relevant provisions of your country’s
law.
C. PATENTS
3. Does legislation of your country grant patent protection for inventions relating to products
and processes in all fields of technology?  Are there any exceptions?  If so, please explain what these
exceptions are and how they comply with Article 27 of the TRIPS Agreement.
4. Does legislation of your country grant a compulsory licences subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of your
country’s law.
D. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain how legislation of your county provides for the protection of "Undisclosed
Information" as required by Article 39.1 and 39.2 of the TRIPS Agreement.  Please explain in detail
and please cite the relevant provisions of your country’s law.
6. If your legislation ensures that undisclosed test or other data submitted by an applicant to the
responsible State agency in the procedure for market authorisation of a pharmaceutical or an
agricultural chemical product is protected against disclosure and against unfair commercial use by a
competitor, for example by prohibiting a second applicant for a similar product from relying onoriginal data of the first applicant, when applying subsequently for market authorisation for a similar
product, please explain it in detail.  Does legislation of your country provide for exceptions to this?
Does legislation of your country set a specific term of protection by the responsible State agency forundisclosed test or other data of the first applicant?  If yes, please explain such specific term in detail,
citing the relevant provisions of law.IP/C/W/322
Page 3
E. ENFORCEMENT
7. Please indicate the remedies which the judicial authorities order regarding each intellectual
property rights provided in the TRIPS Agreement, including injunctions, damages, expenses,
destruction or disposal of infringing goods, materials or implements for their production.  Please
explain the criteria and the way of calculation to decide the amount of the damages which judicialauthorities order to the infringer to pay the right holder.
8. Please explain the kind and amounts of criminal penalties including implement and fines
regarding intellectual property rights, citing the relevant provisions of your country’s law.  Inparticular, are the crimes persecuted only when the injured party has made a formal complaint?
Please explain whether penalties are consistent with Article 61 of the TRIPS Agreement, which
requires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimesof a corresponding gravity.
9. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark or pirated copyright goods is prescribed, as stipulated inArticle 51 of the TRIPS Agreement.
LITHUANIA
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
B. TRADEMARKS
2. Regarding "well-known trademarks", please  explain how legislation of your country
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6 bis of the Paris
Convention shall apply, mutatis mutandis , to.  Please cite the relevant provisions of your country's
law.
C. PROTECTION OF UNDISCLOSED INFORMATION
3. Please explain how legislation of your county provides for the protection of "Undisclosed
Information" as required by Article 39.1 and 39.2 of the TRIPS Agreement.  Please explain in detail
and please cite the relevant provisions of your country's law.
4. If your legislation ensures that undisclosed test or other data submitted by an applicant to the
responsible State agency in the procedure for market authorisation of a pharmaceutical or an
agricultural chemical product is protected against disclosure and against unfair commercial use by acompetitor, for example by prohibiting a second applicant for a similar product from relying on
original data of the first applicant, when applying subsequently for market authorisation for a similar
product, please explain it in detail.  Does legislation of your country provide for exceptions to this?Does legislation of your country set a specific term of protection by the responsible State agency for
undisclosed test or other data of the first applicant?  If yes, please explain such specific term in detail,
citing the relevant provisions of law.IP/C/W/322
Page 4
D. ENFORCEMENT
5. Please indicate the remedies which the judicial authorities order regarding each intellectual
property rights provided in the TRIPS Agreement, including injunctions, damages, expenses,
destruction or disposal of infringing goods, materials or implements for their production.  Please
explain the criteria and the way of calculation to decide the amount of the damages which judicialauthorities order to the infringer to pay the right holder.
6. Please explain the kind and amounts of criminal penalties including implement and fines
regarding intellectual property rights, citing the relevant provisions of your country's law.  Inparticular, are the crimes persecuted only when the injured party has made a formal complaint?
Please explain whether penalties are consistent with Article 61 of the TRIPS Agreement, which
requires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimesof a corresponding gravity.
7. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark or pirated copyright goods is prescribed, as stipulated inArticle 51 of the TRIPS Agreement.
MALAYSIA
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
B. TRADEMARKS
2. Regarding "well-known trademarks", please  explain how legislation of your country
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6 bis of the Paris
Convention shall apply, mutatis mutandis , to.  Please cite the relevant provisions of your country's
law.
C. PATENTS
3. Does legislation of your country grant patent protection for inventions relating to products
and processes in all fields of technology?  Are there any exceptions?  If so, please explain what these
exceptions are and how they comply with Article 27 of the TRIPS Agreement.
4. Does legislation of your country grant a compulsory licences subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of your
country's law.
D. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain how legislation of your county provides for the protection of "Undisclosed
Information" as required by Article 39.1 and 39.2 of the TRIPS Agreement.  Please explain in detail
and please cite the relevant provisions of your country's law.IP/C/W/322
Page 5
6. If your legislation ensures that undisclosed test or other data submitted by an applicant to the
responsible State agency in the procedure for market authorisation of a pharmaceutical or an
agricultural chemical product is protected against disclosure and against unfair commercial use by acompetitor, for example by prohibiting a second applicant for a similar product from relying on
original data of the first applicant, when applying subsequently for market authorisation for a similar
product, please explain it in detail.  Does legislation of your country provide for exceptions to this?Does legislation of your country set a specific term of protection by the responsible State agency for
undisclosed test or other data of the first applicant?  If yes, please explain such specific term in detail,
citing the relevant provisions of law.
E. E
NFORCEMENT
7. Please indicate the remedies which the judicial authorities order regarding each intellectual
property rights provided in the TRIPS Agreement, including injunctions, damages, expenses,
destruction or disposal of infringing goods, materials or implements for their production.  Please
explain the criteria and the way of calculation to decide the amount of the damages which judicialauthorities order to the infringer to pay the right holder.
8. Please explain the kind and amounts of criminal penalties including implement and fines
regarding intellectual property rights, citing the relevant provisions of your country's law.  Inparticular, are the crimes persecuted only when the injured party has made a formal complaint?
Please explain whether penalties are consistent with Article 61 of the TRIPS Agreement, which
requires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimesof a corresponding gravity.
9. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark or pirated copyright goods is prescribed, as stipulated inArticle 51 of the TRIPS Agreement.
NIGERIA
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
PAKISTAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted inArticles 3 and 4 of the TRIPS Agreement.
B. T
RADEMARKS
2. Regarding "well-known trademark", please explain how legislation of your country
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6 bis of the ParisIP/C/W/322
Page 6
Convention shall apply, mutatis mutandis , to.  Please cite the relevant provisions of your country's
law.
C. PROTECTION OF UNDISCLOSED INFORMATION
3. Please explain how legislation of your county provides for the protection of "Undisclosed
Information" as required by Article 39.1 and 39.2 of the TRIPS Agreement.  Please explain in detailand please cite the relevant provisions of your country's law.
4. If your legislation ensures that undisclosed test or other data submitted by an applicant to the
responsible State agency in the procedure for market authorisation of a pharmaceutical or anagricultural chemical product is protected against disclosure and against unfair commercial use by a
competitor, for example by prohibiting a second applicant for a similar product from relying on
original data of the first applicant, when applying subsequently for market authorisation for a similarproduct, please explain it in detail.  Does legislation of your country provide for exceptions to this?
Does legislation of your country set a specific term of protection by the responsible State agency for
undisclosed test or other data of the first applicant?  If yes, please explain such specific term in detail,citing the relevant provisions of law.
D. E
NFORCEMENT
5. Please indicate the remedies which the judicial authorities order regarding each intellectual
property rights provided in the TRIPS Agreement, including injunctions, damages, expenses,
destruction or disposal of infringing goods, materials or implements for their production.  Please
explain the criteria and the way of calculation to decide the amount of the damages which judicialauthorities order to the infringer to pay the right holder.
6. Please explain the kind and amounts of criminal penalties including implement and fines
regarding intellectual property rights, citing the relevant provisions of your country's law.  Inparticular, are the crimes persecuted only when the injured party has made a formal complaint?
Please explain whether penalties are consistent with Article 61 of the TRIPS Agreement, which
requires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimesof a corresponding gravity.
7. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark or pirated copyright goods is prescribed, as stipulated inArticle 51 of the TRIPS Agreement.
SAINT VINCENT AND THE GRENADINES
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.IP/C/W/322
Page 7
SENEGAL
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
SRI LANKA
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
B. TRADEMARKS
2. Regarding "well-known trademark", please explain how legislation of your country
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6 bis of the Paris
Convention shall apply, mutatis mutandis , to.  Please cite the relevant provisions of your country's
law.
C. PROTECTION OF UNDISCLOSED INFORMATION
3. Please explain how legislation of your county provides for the protection of "Undisclosed
Information" as required by Article 39.1 and 39.2 of the TRIPS Agreement.  Please explain in detailand please cite the relevant provisions of your country's law.
4. If your legislation ensures that undisclosed test or other data submitted by an applicant to the
responsible State agency in the procedure for market authorisation of a pharmaceutical or anagricultural chemical product is protected against disclosure and against unfair commercial use by a
competitor, for example by prohibiting a second applicant for a similar product from relying on
original data of the first applicant, when applying subsequently for market authorisation for a similarproduct, please explain it in detail.  Does legislation of your country provide for exceptions to this?
Does legislation of your country set a specific term of protection by the responsible State agency for
undisclosed test or other data of the first applicant?  If yes, please explain such specific term in detail,citing the relevant provisions of law.
D. E
NFORCEMENT
5. Please indicate the remedies which the judicial authorities order regarding each intellectual
property rights provided in the TRIPS Agreement, including injunctions, damages, expenses,
destruction or disposal of infringing goods, materials or implements for their production.  Pleaseexplain the criteria and the way of calculation to decide the amount of the damages which judicial
authorities order to the infringer to pay the right holder.
6. Please explain the kind and amounts of criminal penalties including implement and fines
regarding intellectual property rights, citing the relevant provisions of your country's law.  In
particular, are the crimes persecuted only when the injured party has made a formal complaint?IP/C/W/322
Page 8
Please explain whether penalties are consistent with Article 61 of the TRIPS Agreement, which
requires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimes
of a corresponding gravity.
7. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark or pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.
SWAZILAND
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted inArticles 3 and 4 of the TRIPS Agreement.
THAILAND
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
B. TRADEMARKS
2. Regarding "well-known trademark", please explain how legislation of your country
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6 bis of the Paris
Convention shall apply, mutatis mutandis , to.  Please cite the relevant provisions of your country's
law.
C. PATENTS
3. Does legislation of your country grant patent protection for inventions relating to products
and processes in all fields of technology?  Are there any exceptions?  If so, please explain what theseexceptions are and how they comply with Article 27 of the TRIPS Agreement.
4. Does legislation of your country grant a compulsory licences subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of yourcountry's law.
D. P
ROTECTION OF UNDISCLOSED INFORMATION
5. Please explain how legislation of your county provides for the protection of "Undisclosed
Information" as required by Article 39.1 and 39.2 of the TRIPS Agreement.  Please explain in detail
and please cite the relevant provisions of your country's law.
6. If your legislation ensures that undisclosed test or other data submitted by an applicant to the
responsible State agency in the procedure for market authorisation of a pharmaceutical or anIP/C/W/322
Page 9
agricultural chemical product is protected against disclosure and against unfair commercial use by a
competitor, for example by prohibiting a second applicant for a similar product from relying on
original data of the first applicant, when applying subsequently for market authorisation for a similarproduct, please explain it in detail.  Does legislation of your country provide for exceptions to this?
Does legislation of your country set a specific term of protection by the responsible State agency for
undisclosed test or other data of the first applicant?  If yes, please explain such specific term in detail,citing the relevant provisions of law.
E. E
NFORCEMENT
7. Please indicate the remedies which the judicial authorities order regarding each intellectual
property rights provided in the TRIPS Agreement, including injunctions, damages, expenses,
destruction or disposal of infringing goods, materials or implements for their production.  Pleaseexplain the criteria and the way of calculation to decide the amount of the damages which judicial
authorities order to the infringer to pay the right holder.
8. Please explain the kind and amounts of criminal penalties including implement and fines
regarding intellectual property rights, citing the relevant provisions of your country's law.  In
particular, are the crimes persecuted only when the injured party has made a formal complaint?
Please explain whether penalties are consistent with Article 61 of the TRIPS Agreement, whichrequires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimes
of a corresponding gravity.
9. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark or pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.
TUNISIA
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
URUGUAY
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted inArticles 3 and 4 of the TRIPS Agreement.
B. T
RADEMARKS
2. Regarding "well-known trademark", please explain how legislation of your country
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6 bis of the Paris
Convention shall apply, mutatis mutandis , to.  Please cite the relevant provisions of your country's
law.IP/C/W/322
Page 10
C. PROTECTION OF UNDISCLOSED INFORMATION
3. Please explain how legislation of your county provides for the protection of "Undisclosed
Information" as required by Article 39.1 and 39.2 of the TRIPS Agreement.  Please explain in detail
and please cite the relevant provisions of your country's law.
4. If your legislation ensures that undisclosed test or other data submitted by an applicant to the
responsible State agency in the procedure for market authorisation of a pharmaceutical or an
agricultural chemical product is protected against disclosure and against unfair commercial use by a
competitor, for example by prohibiting a second applicant for a similar product from relying onoriginal data of the first applicant, when applying subsequently for market authorisation for a similar
product, please explain it in detail.  Does legislation of your country provide for exceptions to this?
Does legislation of your country set a specific term of protection by the responsible State agency forundisclosed test or other data of the first applicant?  If yes, please explain such specific term in detail,
citing the relevant provisions of law.
D. E
NFORCEMENT
5. Please indicate the remedies which the judicial authorities order regarding each intellectual
property rights provided in the TRIPS Agreement, including injunctions, damages, expenses,
destruction or disposal of infringing goods, materials or implements for their production.  Pleaseexplain the criteria and the way of calculation to decide the amount of the damages which judicial
authorities order to the infringer to pay the right holder.
6. Please explain the kind and amounts of criminal penalties including implement and fines
regarding intellectual property rights, citing the relevant provisions of your country's law.  In
particular, are the crimes persecuted only when the injured party has made a formal complaint?
Please explain whether penalties are consistent with Article 61 of the TRIPS Agreement, whichrequires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimes
of a corresponding gravity.
7. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark or pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.
ZIMBABWE
A. 
COPYRIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
__________