RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/316
8 November 2001
(01-5525)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by the United States
By means of a communication from the Permanent Delegation of the United States, dated
2 November 2001, the Secretariat has received a copy of the following questions that the United Stateshas communicated to Barbados, Brunei Darussala m, Gabon, India, Lithuania, Malaysia, Nigeria,
Pakistan, Saint Vincent and the Grenadines, Senegal, Sri Lanka, Swaziland, Thailand, Tunisia, Uruguay
and Zimbabwe, respectively.
_______________
BARBADOS
A. 
GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Barbados complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention(1971), except Article 6
bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Barbados protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Barbados.
5. Please state the length and terms of protection the copyright law of Barbados provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Barbados provides for performers, and the
term of the protection.IP/C/W/316
Page 2
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Barbados
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Barbados.
9. Please describe the procedure that must be followed to register a trademark in Barbados, citing
the relevant provisions of the law, and describe the ri ghts that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Barbados provides for
a trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Barbados provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Barbados, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Barbados implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Barbados and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Barbados permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.IP/C/W/316
Page 3
18. What term of protection does the patent law of Barbados provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Barbados, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Barbados provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Barbados and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Barbados provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain suchevidence from the opposing party.  Please describe how the laws or regulations of Barbados provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Barbados, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Barbados, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Barbados that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectualproperty, citing the relevant provisions of law.IP/C/W/316
Page 4
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Barbados are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Barbados implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Barbados that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Barbados that provide for such procedures and re medies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringingequipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
BRUNEI DARUSSALAM
A. G
ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Brunei Darussalam complies with Article 9
of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the BerneIP/C/W/316
Page 5
Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to the
latter Article under the TRIPS Agreement.
3. Please explain how the copyright law of Brunei  Darussalam protects computer programs as
literary works  and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Brunei Darussalam.
5. Please state the length and terms of protection the copyright law of Brunei Darussalam provides
for a work other than a photographic work or a work of applied art and cite to the relevant provision oflaw.
6. Please describe the protection the copyright law of Brunei Darussalam provides for performers,
and the term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Brunei
Darussalam implements these obligations and indicate the term of protection.
C. T
RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Brunei Darussalam.
9. Please describe the procedure that must be followed to register a trademark in Brunei
Darussalam, citing the relevant provisions of the law, and describe the rights that the owner of a
registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Brunei Darussalam
provides for a trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Brunei Darussalam provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Brunei Darussalam, and describe the nature of the protection
provided.IP/C/W/316
Page 6
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Brunei Darussalam implements
Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details
regarding the protection for micro-organisms and non-bi ological and microbiological processes and plant
varieties.  Please cite to the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Brunei
Darussalam and cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Brunei Darussalam permitting unauthorized
use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which
such use can occur.
18. What term of protection does the patent law of Brunei Darussalam provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant provisions of the
law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Brunei Darussalam, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Brunei Darussalam provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the
relevant provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Brunei Darussalam and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Brunei Darussalam provide for effective
action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS
Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain suchIP/C/W/316
Page 7
evidence from the opposing party.  Please describe how the laws or regulations of Brunei Darussalam
provide this authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Brunei Darussalam, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Brunei Darussalam, citing to the relevant provisions of law and regulation, and indicate any
condition under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Brunei Darussalam that provide for
border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectualproperty, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Brunei Darussalam are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. C
RIMINAL PROCEDURES
30. Please describe in detail how the laws of Brunei Darussalam implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonmentand/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Brunei Darussalam thatprovide for such remedies, and describe the circumstances in which those remedies would be imposed,
citing to the relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the lawsof Brunei Darussalam that provide for such procedur es and remedies, citing to the relevant provisions of
law or regulation.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.IP/C/W/316
Page 8
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal systemoperates effectively to deter copyright piracy and trademark counterfeiting.
GABON
A. G
ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Gabon complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Gabon protects computer programs as literary works  and
complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Gabon.
5. Please state the length and terms of protection the copyright law of Gabon provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Gabon provides for performers, and the term
of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Gabon
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Gabon.
9. Please describe the procedure that must be followed to register a trademark in Gabon, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.IP/C/W/316
Page 9
10. Please provide the length and terms of protection that the trademark law of Gabon provides for a
trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Gabon provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Gabon, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Gabon implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Gabon and cite
to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Gabon permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Gabon provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Gabon, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Gabon provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.IP/C/W/316
Page 10
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Gabon and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Gabon provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Gabon provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Gabon, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Gabon, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Gabon that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Gabon are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Gabon implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenIP/C/W/316
Page 11
the commission of the offence.  Please describe the provisions in the laws of Gabon that provide for such
remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Gabon that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, andthe amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
INDIA
A. G
ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favourednation treatment are provided to nationals of other WTO Members.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of India complies with Article 9 of the TRIPS
Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of India pr otects computer programs as literary works  and
complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
India.
5. Please state the length and terms of protection the copyright law of India provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of India provides for performers, and the term of
the protection.IP/C/W/316
Page 12
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Indiaimplements these obligations and indicate the term of protection.
C. T
RADEMARKS
8. Please describe in detail how India provides for priority for trademark applications based on a
foreign trademark application or registration.
9. Please describe in detail how India provides protection for service marks.10. Please describe in detail how India provides protection for unregistered well-known marks.D. G
EOGRAPHICAL INDICATIONS
11 . Please describe in detail how the laws of India provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions oflaw or regulation, and provide examples of geographical indications for such products.
13. It appears that India's Geographical Indications  of Goods (Restriction and Protection) Act, 1999,
does not permit natural persons to register geographical indications.  Please explain why natural persons
are prohibited from obtaining geographical indication registrations.
14. Please describe in detail the manner in which an opposition to registration of a geographical
indication may be filed.  May natural persons file oppositions?
15. Please describe in detail the manner in which (and identify the relevant legal bases under which) a
registered geographical indication may be challenged.
16. Where may India's list of registered geographical indications be found?  Is the list available via
the Internet?
E. I
NDUSTRIAL DESIGNS
17. Please describe in detail how India provides for priority for industrial design applications based
on a foreign industrial design application or registration.
F. PATENTS
18. Please describe in detail the way in which the patent law of India implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.IP/C/W/316
Page 13
19. Please describe in detail the rights provided patent holders under the patent law of India and cite
to the relevant provisions of law.
20. Please describe in detail any provisions in the laws of India permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
21. What term of protection does the patent law of India provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
22. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of India, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
23. Please describe in detail how the laws of India provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
24. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtainmarketing approval in India and cite to the relevant provisions of law.
25. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.
I. E
NFORCEMENT
26. Please describe in detail the manner in which the laws of India provide for effective action against
infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
27. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of India provide this
authorization, citing to the relevant provisions of law or regulation.
28. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of India, citing to the relevant provisions of law or regulation.
29. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of India, citing to the relevant provisions of law and regulation, and indicate any condition under
which a right holder may avail itself of those procedures and remedies.IP/C/W/316
Page 14
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
30. Please describe in detail the procedures under the laws of India that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
31. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
32. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in India are empowered to
act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
33. Please describe in detail how the laws of India implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting andcopyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
34. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of India that provide for such
remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
35. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of India that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. S
TATISTICAL QUESTIONS
36. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
37. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, andthe amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
M. N
OTIFICATIONS
38. Please explain whether India has notified its patent, integrated circuit layout-design and trade
secret laws to the TRIPS Council, as required by TRIPS Article 63.2.  For any laws that have not beenIP/C/W/316
Page 15
notified, please explain the circumstances and explain wh en these laws will be notified.  Finally, please
explain when India will reply to th e Checklist of Issues on Enforcement.
LITHUANIA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Lithuania complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Lithuania protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law ofLithuania.
5. Please state the length and terms of protection the copyright law of Lithuania provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Lithuania provides for performers, and the
term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Lithuaniaimplements these obligations and indicate the term of protection.
C. T
RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Lithuania.
9. Please describe the procedure that must be followed to register a trademark in Lithuania, citing
the relevant provisions of the law, and describe the ri ghts that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Lithuania provides for
a trademark.IP/C/W/316
Page 16
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Lithuania provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Lithuania, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Lithuania implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Lithuania and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Lithuania permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such usecan occur.
18. What term of protection does the patent law of Lithuania provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Lithuania, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Lithuania provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevantprovisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Lithuania and cite to the relevant provisions of law.IP/C/W/316
Page 17
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Lithuania provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Lithuania provide thisauthorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Lithuania, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Lithuania, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Lithuania that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Lithuania are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Lithuania implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeitingand copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of Lithuania that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.IP/C/W/316
Page 18
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Lithuania that provide for such procedures and re medies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
MALAYSIA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Malaysia complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Malaysia protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Malaysia.
5. Please state the length and terms of protection the copyright law of Malaysia provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Malaysia provides for performers, and the
term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requiresIP/C/W/316
Page 19
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Malaysia
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Malaysia.
9. Please describe the procedure that must be followed to register a trademark in Malaysia, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Malaysia provides for
a trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Malaysia provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevantprovisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. I
NDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Malaysia, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Malaysia implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Malaysia and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Malaysia permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Malaysia provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.IP/C/W/316
Page 20
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Malaysia, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Malaysia provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Malaysia and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Malaysia provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Malaysia provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Malaysia, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Malaysia, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Malaysia that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Malaysia areIP/C/W/316
Page 21
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Malaysia implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of Malaysia that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Malaysia that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
NIGERIA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favourednation treatment are provided to nationals of other WTO Members.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright la w of Nigeria complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention(1971), except Article 6
bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.IP/C/W/316
Page 22
3. Please explain how the copyright law of Nigeria protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Nigeria.
5. Please state the length and terms of protection the copyright law of Nigeria provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Nigeria provides for performers, and the term
of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to thepublic of originals or copies of their phonograms.  Please describe how the copyright law of Nigeria
implements these obligations and indicate the term of protection.
C. T
RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Nigeria.
9. Please describe the procedure that must be followed to register a trademark in Nigeria, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Nigeria provides for a
trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Nigeria provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Nigeria, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.IP/C/W/316
Page 23
F. PATENTS
15. Please describe in detail the way in which the patent law of Nigeria implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Nigeria and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Nigeria permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Nigeria provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Nigeria, including the term of protecti on, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Nigeria provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtainmarketing approval in Nigeria and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. E
NFORCEMENT
23. Please describe in detail the manner in which the laws of Nigeria provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Nigeria provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Nigeria, citing to the relevant provisions of law or regulation.IP/C/W/316
Page 24
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Nigeria, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Nigeria that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Nigeria are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Nigeria implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law andregulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Nigeria that provide for suchremedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Nigeria that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringingequipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term wasactually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.IP/C/W/316
Page 25
PAKISTAN
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Pakistan complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Pakistan protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Pakistan.
5. Please state the length and terms of protection the copyright law of Pakistan provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Pakistan provides for performers, and the term
of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Pakistan
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Pakistan.
9. Please describe the procedure that must be followed to register a trademark in Pakistan, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Pakistan provides for
a trademark.IP/C/W/316
Page 26
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Pakistan provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Pakistan, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Pakistan implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Pakistan and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Pakistan permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such usecan occur.
18. What term of protection does the patent law of Pakistan provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Pakistan, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Pakistan provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevantprovisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Pakistan and cite to the relevant provisions of law.IP/C/W/316
Page 27
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Pakistan provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Pakistan provide thisauthorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Pakistan, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Pakistan, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Pakistan that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Pakistan are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Pakistan implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting andcopyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of Pakistan that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.IP/C/W/316
Page 28
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Pakistan that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
SAINT VINCENT AND THE GRENDADINES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Saint Vincent and the Grenadines complies
with Article 9 of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of
the Berne Convention (1971), except Article 6bis, since Members do not have rights or obligations relating
to the latter Article under the TRIPS Agreement.
3. Please explain how the copyright law of Saint Vincent and the Grenadines protects computer
programs as literary works  and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Saint Vincent and the Grenadines.
5. Please state the length and terms of protection the copyright law of Saint Vincent and the
Grenadines provides  for a work other than a photographic work or a work of applied art and cite to the
relevant provision of law.
6. Please describe the protection the copyright law of Saint Vincent and the Grenadines provides for
performers, and the term of the protection.IP/C/W/316
Page 29
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Saint Vincent
and the Grenadines implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of Saint
Vincent and the Grenadines.
9. Please describe the procedure that must be followed to register a trademark in Saint Vincent and
the Grenadines, citing the relevant provisions of the law, and describe the rights that the owner of aregistered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Saint Vincent and the
Grenadines provides for a trademark.
D. G
EOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Saint Vincent and the Grenadines provide for the
recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement,
citing to the relevant provisions of law or regulatio n, and provide examples of geographical indications so
protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Saint Vincent and the Grenadines, and describe the nature of the
protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Saint Vincent and the Grenadines
implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including
details regarding the protection for micro-organism s and non-biological and microbiological processes
and plant varieties.  Please cite to the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Saint Vincent
and the Grenadines and cite to the relevant provisions of law.IP/C/W/316
Page 30
17. Please describe in detail any provisions in the laws of Saint Vincent and the Grenadines
permitting unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the
conditions under which such use can occur.
18. What term of protection does the patent law of Saint Vincent and the Grenadines provide for
patents?  Please describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Saint Vincent and the Grenadines, including the term of protection, and cite to the relevant
provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Saint Vincent and the Grenadines provide for the
protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide
citations to the relevant provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Saint Vincent and the Grenadines and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Saint Vincent and the Grenadines
provide for effective action against infringement of intellectual property rights as required by Article 41.1
of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain suchevidence from the opposing party.  Please describe how the laws or regulations of Saint Vincent and the
Grenadines provide this authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Saint Vincent and the Grenadines, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Saint Vincent and the Grenadines, citing to the relevant provisions of law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and remedies.IP/C/W/316
Page 31
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Saint Vincent and the Grenadines that
provide for border enforcement at least for trademar k counterfeiting and copyright piracy, identifying the
competent authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Saint Vincent and the
Grenadines are empowered to act ex officio  and, if so, please identify the intellectual property areas
subject to ex officio  action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Saint Vincent and the Grenadines implement Article 61
of the TRIPS Agreement that requires Members to ha ve criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark
counterfeiting and copyright infringement on a commercial scale.  Please cite to the relevant provisions of
law and regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Saint Vincent and the
Grenadines that provide for such remedies, and describe the circumstances in which those remedies
would be imposed, citing to the relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Saint Vincent and the Grenadines that provide for such procedures and remedies, citing to the relevant
provisions of law or regulation.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.IP/C/W/316
Page 32
SENEGAL
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favourednation treatment are provided to nationals of other WTO Members.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Senegal complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Senegal protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Senegal.
5. Please state the length and terms of protection the copyright law of Senegal provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Senegal provides for performers, and the term
of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Senegal
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Senegal.
9. Please describe the procedure that must be followed to register a trademark in Senegal, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Senegal provides for a
trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Senegal provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.IP/C/W/316
Page 33
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Senegal, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Senegal implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Senegal and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Senegal permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Senegal provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Senegal, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Senegal provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtainmarketing approval in Senegal and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.IP/C/W/316
Page 34
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Senegal provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Senegal provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Senegal, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Senegal, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Senegal that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Senegal are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Senegal implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law andregulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Senegal that provide for suchremedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the lawsof Senegal that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.IP/C/W/316
Page 35
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
SRI LANKA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Sri Lanka complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Sri Lanka protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Sri Lanka.
5. Please state the length and terms of protection the copyright law of Sri Lanka provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Sri Lanka provides for performers, and the
term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Sri Lanka
implements these obligations and indicate the term of protection.IP/C/W/316
Page 36
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of Sri
Lanka.
9. Please describe the procedure that must be followed to register a trademark in Sri Lanka, citing
the relevant provisions of the law, and describe the ri ghts that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Sri Lanka provides for
a trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Sri Lanka provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions oflaw or regulation, and provide examples of geographical indications for such products.
E. I
NDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Sri Lanka, and describe the nature of the protection provided.
14. Please describe the procedure that must be foll owed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Sri Lanka implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Sri Lanka and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Sri Lanka permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Sri Lanka provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Sri Lanka, including the term of protec tion, and cite to the relevant provisions of law.IP/C/W/316
Page 37
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Sri Lanka provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Sri Lanka and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlierapplicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. E
NFORCEMENT
23. Please describe in detail the manner in which the laws of Sri Lanka provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Sri Lanka provide thisauthorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Sri Lanka, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Sri Lanka, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Sri Lanka that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competentauthority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Sri Lanka are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.IP/C/W/316
Page 38
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Sri Lanka implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law andregulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Sri Lanka that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Sri Lanka that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringingequipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term wasactually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
SWAZILAND
A. G
ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright la w of Swaziland complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Swaziland protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.IP/C/W/316
Page 39
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Swaziland.
5. Please state the length and terms of protection the copyright law of Swaziland provides  for a
work other than a photographic work or a work of ap plied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Swaziland provides for performers, and the
term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Swaziland
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Swaziland.
9. Please describe the procedure that must be foll owed to register a trademark in Swaziland, citing
the relevant provisions of the law, and describe the ri ghts that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Swaziland provides
for a trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Swaziland provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions oflaw or regulation, and provide examples of geographical indications for such products.
E. I
NDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Swaziland, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Swaziland implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding theIP/C/W/316
Page 40
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Swaziland and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Swaziland permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Swaziland provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Swaziland, including the term of protecti on, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Swaziland provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Swaziland and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Swaziland provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Swaziland provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Swaziland, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Swaziland, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.IP/C/W/316
Page 41
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Swaziland that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Swaziland are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Swaziland implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonmentand/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Swaziland that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Swaziland that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.IP/C/W/316
Page 42
THAILAND
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favourednation treatment are provided to nationals of other WTO Members.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright la w of Thailand complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Thailand protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Thailand.
5. Please state the length and terms of protection the copyright law of Thailand provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Thailand provides for performers, and the
term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Thailand
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Thailand.
9. Please describe the procedure that must be followed to register a trademark in Thailand, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Thailand provides for
a trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Thailand provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.IP/C/W/316
Page 43
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Thailand, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Thailand implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Thailand and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Thailand permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Thailand provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Thailand, including the term of protecti on, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Thailand provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtainmarketing approval in Thailand and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.IP/C/W/316
Page 44
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Thailand provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Thailand provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Thailand, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Thailand, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Thailand that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Thailand are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Thailand implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting andcopyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of Thailand that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Thailand that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.IP/C/W/316
Page 45
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringingequipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
TUNISIA
A. G
ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Tunisia complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Tunisia protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Tunisia.
5. Please state the length and terms of protection the copyright law of Tunisia provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Tunisia provides for performers, and the term
of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Tunisiaimplements these obligations and indicate the term of protection.IP/C/W/316
Page 46
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Tunisia.
9. Please describe the procedure that must be followed to register a trademark in Tunisia, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Tunisia provides for a
trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Tunisia provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions oflaw or regulation, and provide examples of geographical indications for such products.
E. I
NDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Tunisia, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Tunisia implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Tunisia and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Tunisia permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Tunisia provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Tunisia, including the term of protecti on, and cite to the relevant provisions of law.IP/C/W/316
Page 47
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Tunisia provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Tunisia and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlierapplicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. E
NFORCEMENT
23. Please describe in detail the manner in which the laws of Tunisia provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Tunisia provide thisauthorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Tunisia, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Tunisia, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Tunisia that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competentauthority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Tunisia are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.IP/C/W/316
Page 48
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Tunisia implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law andregulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Tunisia that provide for such
remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Tunisia that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringingequipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term wasactually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
URUGUAY
A. G
ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright la w of Uruguay complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Uruguay protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.IP/C/W/316
Page 49
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Uruguay.
5. Please state the length and terms of protection the copyright law of Uruguay provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Uruguay provides for performers, and the term
of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Uruguay
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Uruguay.
9. Please describe the procedure that must be followed to register a trademark in Uruguay, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Uruguay provides for
a trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Uruguay provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions oflaw or regulation, and provide examples of geographical indications for such products.
E. I
NDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Uruguay, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Uruguay implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protectionIP/C/W/316
Page 50
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Uruguay and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Uruguay permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Uruguay provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Uruguay, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Uruguay provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Uruguay and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Uruguay provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Uruguay provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Uruguay, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Uruguay, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.IP/C/W/316
Page 51
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Uruguay that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Uruguay are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Uruguay implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedur es and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Uruguay that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Uruguay that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.IP/C/W/316
Page 52
ZIMBABWE
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favourednation treatment are provided to nationals of other WTO Members.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Zimbabwe complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Zimbabwe  protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Zimbabwe.
5. Please state the length and terms of protection the copyright law of Zimbabwe provides  for a
work other than a photographic work or a work of ap plied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Zimbabwe provides for performers, and the
term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Zimbabwe
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Zimbabwe.
9. Please describe the procedure that must be followed to register a trademark in Zimbabwe, citing
the relevant provisions of the law, and describe the ri ghts that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Zimbabwe provides
for a trademark.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Zimbabwe provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.IP/C/W/316
Page 53
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Zimbabwe, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
15. Please describe in detail the way in which the patent law of Zimbabwe implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Zimbabwe and
cite to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Zimbabwe permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
18. What term of protection does the patent law of Zimbabwe provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Zimbabwe, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Zimbabwe provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtainmarketing approval in Zimbabwe and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.IP/C/W/316
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I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Zimbabwe provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Zimbabwe provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Zimbabwe, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Zimbabwe, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Zimbabwe that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Zimbabwe are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Zimbabwe implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeitingand copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of Zimbabwe that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Zimbabwe that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.IP/C/W/316
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L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringingequipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
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