WORLD TRADE
ORGANIZATIONIP/Q/CIV/1
IP/Q2/CIV/1IP/Q3/CIV/1
IP/Q4/CIV/1
1 May 2003
(03-2329)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  French
REVIEW OF LEGISLATION
CÔTE D'IVOIRE1
This document reproduces the introductory statement by the representative of Côte d'Ivoire,
the questions addressed to the Permanent Mission of Côte d'Ivoire and the responses given in
connection with the review of legislation undertaken at the Council meeting of 18 to 22 June 2001.2
_______________
I. INTRODUCTORY STATEMENT: REPORT ON PROGRESS IN IMPLEMENTING
THE TRIPS AGREEMENT IN CÔTE D'IVOIRE
A. INTRODUCTION
Entry into effect of the Agreement Establishing the World Trade Organization (WTO) in
1994 has engaged Member countries in a general process of reworking their legislation on
international property rights.  A transition period, the length of which depends on the level of
development, was granted to different States to harmonize their legislation with the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).  The transition period
came into effect for our country on 1 January 2000.  Concerned with respecting its international
commitments, Côte d'Ivoire, like other WTO Members, has undertaken extensive restructuring to
bring its intellectual property legislation into conformity with the rules of the TRIPS Agreement.
B. LEGAL AND REGULATORY FRAMEWORK
Côte d'Ivoire is a party to the following international agreements on intellectual property
rights:
• The Paris Convention for the Protection of Industrial Property of 20 March 1883,
revised in Stockholm in 1967;
• the Berne Convention for the Protection of Literary and Artistic Works of 1886,
revised in Paris in 1979;
• the Hague Agreement Concerning the International Deposit of Industrial Designs of
1925, revised and completed in Stockholm in 1967;
                                                     
1 As regards laws and regulations relevant to the area under review and notified by Côte d'Ivoire under
Article 63.2 of the Agreement, reference is made to documents IP/N/1/CIV/C/1 and IP/N/6/CIV/1.
2 The minutes of the meeting have been circulated as document IP/C/M32.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 2
• the Patent Cooperation Treaty (PCT);
• the Convention Establishing the World Intellectual Property Organization (WIPO);
• the Agreement revising the Bangui Agreement of 2 March 1977, which established
the African Intellectual Property Organization.
The Agreement establishing the African Intellectual Property Organization (AIPO) is the
basic text for intellectual property protection in its 16 member States, which include Côte d'Ivoire.
The new rules for the protection of intellectual property rights in the TRIPS Agreement have led
member States to re-examine their basic legislat ion, i.e. the Bangui Agreement of 2 March 1977.  The
revised Agreement was signed in Bangui on 24 Febr uary 1999 and provided the AIPO States with a
new text that brings them into line with th e TRIPS Agreement.  However, this new community
instrument does not exempt the member countries from the obligation of taking appropriate measures
at national level.
The legislative and regulatory framework for implementing the TRIPS Agreement can be
examined by looking at the content of the revised Bangui Agreement, i.e. at community level, and by
looking at the relevant domestic measures.
1. At African Community level
The basic provisions of the Paris and Berne Conventions, incorporated in the TRIPS
Agreement by reference, were already present in the original Bangui Agreement of 2 March 1977.
Those acquis  have been preserved, as reflected in the following requirements:
• Membership by the member States in the Paris and Berne Unions;
• national treatment for nationals of the member States of those Unions;
• benefit of priority rights;
• independence of the protection afforded in different countries;
• a grace period for the process;
• right of restoration;
• prohibition of the registration as marks of the emblems of governments and
international organizations and official signs indicating control;
• protection for widely-recognized marks;
• establishment of an industrial property office;
• definition of protected literary and artistic works and limitations on patrimonial
rights;
• rules for the protection of literary and artistic works.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 3
Added to the above are the innovations introdu ced in view of the TRIPS Agreement, for
example:
• Suppression of the control of licensing contracts;
• inclusion of provisions regarding the protection of neighbouring rights for copyright;
• extension of protected subject-matter to include the layout-designs (topographies) of
integrated circuits and plant varieties;
• inclusion of provisions on protection against unfair competition which provide for the
protection of confidential information;
• recognition of the most-favoured-nation clause;
• protection of computer programs and compilations of data;
• elimination of the ex officio lapse of patents not worked;
• introduction of rental rights for copyright and neighbouring rights.
The system in use in AIPO countries to enforce intellectual property rights has been
strengthened under the revised Bangui Agreement.  The new Agreement defines a significant number
of infractions:
• Counterfeiting;
• unlawful use of a geographical indication;
• unlawful use of a trade name;
• deliberate confusion with another's enterprise or activities;
• acts harmful to another's image or reputation;
• public deceit;
• disclosure of confidential information;
• usurpation of rights.
Provisions regarding second offences have also been introduced.
A range of penalties have been established for offences, including:
• Imprisonment;
• fines, which have been increased twentyfold over the old Bangui Agreement;
• damages;IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 4
• confiscation or destruction of recognized infringing objects;
• destruction of implements or tools specially intended to commit an infringement;
• publication of court rulings;
• legal disqualification from membership of professional groups (Chambers of
commerce and industry, Chambers of agriculture).
With regard to civil and administrative procedures, provisions have been introduced to make
them fair, effective, equitable and expeditious, i.e. summary procedures, ex parte  decisions and
confiscation of infringing works.  All of these procedures involve bailiffs as well as public andministerial officials, including Customs officials.
The revised Bangui Agreement of 24 February 1999 was signed by all 16 of the
Organization's member States.  For it to enter into force, it must be ratified by two thirds of the
members.  To date, 11 of the 16 States have done so, thereby providing members with a new national
text in the field of intellectual property rights that meets the requirements of the TRIPS Agreement.
With allowances for administrative procedures, th e new Agreement will come into effect by the end
of 2001.
2. At national level
Côte d'Ivoire has taken steps domestically to comply with its commitments under the WTO.
The following texts are examples:
• Draft law on the protection of intellectual property rights at borders;
• draft law on the protection of intellectual works;
• draft Decree on the implementation of the Bangui Agreement of 24 February 1999 as
regards the administration of industrial property.
(a) Draft law on the protection of intellectual property rights at borders
This bill was drafted in response to provisions of the TRIPS Agreement regarding special
requirements at borders.  It begins by establishing the principle that imports and exports of counterfeitgoods are prohibited.  It makes Customs services a key link in combating counterfeiting and piracy at
borders and provides them with the authority to take the following actions:
• Receive and examine requests to suspend import and export clearance of goods that
are allegedly counterfeit or pirated;
• suspend clearance of counterfeit goods;
• authorize the holder of a right to examine goods the release of which has been
suspended for the purpose of determining whether they are counterfeit;
• prevent identified counterfeit goods from being placed on the market.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 5
The bill also establishes that if counterfeit goods are found to be confiscable, Customs may
proceed with their destruction.
(b) Draft law on the protection of intellectual works
This bill preserves the progress made in Law No. 96-564 of 25 July 1996 on the protection of
intellectual works and the rights of authors, performers and producers of phonograms and videotapes.
It includes new components to comply with the TRIPS Agreement in the areas of:
• Introduction of rental rights;
• protection of databases;
• protection of computer programs;
• strengthening of procedures and penalties to combat infringements of rights;
• technical measures to combat piracy;
• the right to pledge a patent.
(c) Draft decree on the implementation of the Bangui Agreement of 24 February 1999, as regards
the administration of industrial property
This bill transfers responsibility for the formalities of filing applications for industrial
property rights from the tribunal to the Côte d'Ivoire Industrial Property Office, in accordance with the
new Bangui Agreement. It also gives this Office the power to request police assistance ininvestigating all infringements of industrial property rights.
All of the above-mentioned texts have been completed and submitted to the Government.
C. 
PRACTICAL PREPAREDNESS
Ivorian authorities have taken practical organizational steps to comply with their
commitments.
1. National Institutional Committee to follow up the WTO Agreements
A National Institutional Committee has been established to follow up the different
agreements concluded by our country under the WTO and to pave the way for their implementation. It
includes four sub-committees, composed of national experts, each of which is responsible for the
enforcement of aspects of WTO Agreements in his area of expertise.
The Ivorian Industrial Property Office chairs the sub-committee on intellectual property.  The
work of this sub-committee is performed through a task force responsible for monitoring
implementation of the TRIPS Agreement.  It is composed of representatives from the Industrial
Property Office, the Economic Police, Customs, the Directorate of Culture, the Directorate of Plant
Production, the Directorate of Metrology and the Directorate of Fraud Control and Prevention. This
task force drafted the legal texts presented in paragraphs 1.B.2(a), 1.B.2(b) and 1.B.2(c).IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 6
2. Education and outreach
Outreach and education activities are carried out by the Ivorian Industrial Property Office
with support from WIPO and AIPO.  They are geared towards economic operators, government
agencies involved in implementing the TRIPS Agreement (Customs, courts, police) and the general
public and their purpose is to raise awareness of  the importance of intellectual property in the
country's economy and of the TRIPS Agreement in the world trading system. They can take the form
of seminars supported by our partners or awarenes s sessions organized by WIPO in Abidjan and in
the interior.
The following activities have been carried out:
• A subregional seminar on implementing th e TRIPS Agreement, held in Yaoundé,
Cameroon, from 6 to 8 April 1999.  An Ivorian delegation composed of senior
officials from the government agencies involved in implementing the Agreement
attended;
• a national seminar on implementing the TRIPS Agreement, held in Abidjan from 28
to 30 March 2000.  This well-attended seminar (more than 150 participants) wasorganized by AIPO in conjunction with WIPO and the private sector (Microsoft,
UNIWAX and Bijouterie A. Constant).  Delegations of Customs officers working at
different posts around the country participated in this important training session.
They had the opportunity of drawing on the experience of their French counterparts incombating counterfeiting;
• a symposium for French-speaking Africa on in ternational rules and sanctions for the
protection of intellectual property rights in the digital age held in Dakar from 24 to27 July 2000.  An Ivorian delegation composed of one official from the Office, one
from the Ministry of Culture, the public prosecutor attached to the Abidjan Court ofFirst Instance and an attorney took part in the work of this subregional meeting,
intended to draw the attention of States to the new rules on the protection of
intellectual property rights and related sanctions.  The meeting enabled Ivorian
participants to benefit from American experience in this field.
Additional activities have been carried out by the Ivorian Industrial Property Office in the
country's interior (Bouaké, San-Pedro, Doala), as well as campaigns to raise the awareness of
economic operators and professional groups.
3. Other activities
An inter-ministerial committee to combat coun terfeiting has been established to step up
efforts to eliminate this scourge. It brings togeth er different government agencies involved in the
protection of intellectual property rights and the pr evention of infringements and representatives from
the private sector.  The Committee has an operational group that works independently in the field. It is
composed of representatives of agencies responsible for prevention (Customs, the Economic Police,
the Directorate of Fraud Prevention, the Investigation Brigade of the Gendarmerie). It can be calledupon by operators to intervene in cases of counterfeiting.  Teams from this operational group have
been deployed at border posts and in the country's main centres (Noe, Ouangolo, Bondoukou,
Agniblekrou, Bouaké, Doala) for greater effectiveness as regards prevention.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 7
In the near future, a second committee will be established - the national committee to combat
piracy of literary and artistic works.
With the entry into force of the revised Bangui Agreement, our country has taken a decisive
step toward completing the process of implementing the TRIPS Agreement.
II. RESPONSES TO QUESTIONS POSED BY CANADA
1. Please describe how the enforcement obligations (Articles 41 to 61 of the TRIPS
Agreement) have been implemented.
The revised Bangui Agreement of 24 February 1999 contains provisions relating to the
enforcement obligations established in Articles 41 to 61 of the TRIPS Agreement.  These aspects have
been addressed in the Report on progress in implementing the TRIPS Agreement annexed hereto.
The draft legislation mentioned in paragraphs 1.B.2(a) and 1.B.2(b) of the Report reinforces the
provisions of the Bangui Agreement.  For example, Section III of the draft law on procedures andpenalties with respect to the protection of intellectual works makes the following provisions:
Confiscation of infringing works (Article 90)
At the request of right holders or their successors in title or agents, goods in infringement of
rights can be seized.  This measure is subject to legal recourse to have them released (Articles 91 and
92).
Descriptive seizure (Article 93)
On the petition of the above-mentioned parties, one or more court-appointed experts may
proceed to take an inventory of the objects alleged to be counterfeit or to describe the particulars of
the infringement and the materials used to commit it.
Suspension of release by Customs (Article 94)
Without prejudice to the pertinent provisions of the Customs Code, when a right holder has
prima facie  evidence for suspecting the imminent import or export of goods the circulation of which
is unlawful, he may submit a written request to the Customs authorities to suspend their release.
Enforcement
The law defines infractions and establishes penalties.  It describes the offence of
counterfeiting (Article 96), the infraction of fraudulent affixation or suppression of a mark
(Article 96), the infraction of abuse of technical facilities (Article 97), etc. and establishes the
penalties to which offenders are liable.
Technical measures
Provisions on technical devices to prevent piracy (Article 76) have been added to the
provisions governing the use of apparatus not equipped with copy-protected devices and of devices to
render inoperative any means of copy protection or regulation (Article 175).IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 8
2. What protection does your copyright legislation afford "foreign works"?
Works by foreign nationals published for the first time in Côte d'Ivoire enjoy the same
protection as works by Ivorians (Article 3.2).
Subject to the international conventions to which Côte d'Ivoire is party (the Berne Convention
and the TRIPS Agreement, in particular), works by foreign nationals that have not been published for
the first time in Côte d'Ivoire are protected, on the condition that the country of the copyright holder
affords equivalent protection to the works of Ivorians (Article 2.3).
III. RESPONSES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A.G ENERAL PROVISIONS
1. Please describe whether your legislation includes measures necessary to protect public
health and nutrition and to promote the public interest in sectors of vital importance to yoursocio-economic and technological development, as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
The Bangui Agreement of 24 February 1999 gives each Member State the possibility of
granting ex officio  licences in certain areas and subject to certain conditions (Article 56 of Annex I on
Patents;  Article 32 of Annex IX on Layout-Designs (Topographies) of Integrated Circuits;  Article 36
of Annex X on New Plant Varieties), but in general no special provisions have yet been adopted to
allow the possibility afforded by Article 8 of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with Articles 1 to 21 of the Berne Convention
and the Appendix to the Berne Convention (1971).
Although it does not refer explicitly to Article 9 of the TRIPS Agreement, the Ivorian law on
copyright and related rights nevertheless observes the provisions requiring that Members should
comply with Articles 1 to 21 of the Berne Conv ention (1971) and the Appendix thereto because Côte
d'Ivoire is party to the Berne Convention and the Marrakesh Agreement on the one hand and, on the
other, its law on copyright and related rights specifically obliges it to respect the rules on protection in
the international conventions which it has signed (Article 2.3).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
The special mention of the protection of computer programs (Article 5) and compilations of
data (Article 7) is one of the areas where Ivorian law has been brought into conformity with the
TRIPS Agreement.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 9
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Recognition of a rental right (Article 23) is another of the areas where Ivorian law has been
updated in the light of the TRIPS Agreement.
This right is covered as follows:- The law does not specify the works concerned, which means that the rental right
applies to all categories of work;
- the law does not provide for exemption for cinematographic works in cases where
rental would not have any prejudicial effect on the right of reproduction, as called for
in Article 11 of the TRIPS Agreement.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
Côte d'Ivoire's law recognizes a performer's moral right (Article 60).  With regard to
economic rights, performers are given the exclusive right to authorize:
- Fixation and reproduction of their fixed performances, including audiovisual
fixations, in any manner or form;
- communication to the public and rental of their performances (Article 61).
Protection of phonogram producers
Ivorian law gives producers of phonograms and videograms the exclusive right to authorize:- Direct or indirect reproduction of their phonograms or videograms,- communication to the public, rental or loan of their phonograms or videograms
(Article 62).
The rights of broadcasting organizations are not taken into account in the aforementioned
draft law (Article 62).
6. Please state whether your legislation provides for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
The limitations and exceptions allowed by Ivorian legislation generally comply with the
provisions recommended in the Berne Convention in particular.  In other words, they respect the three
criteria set out in Article 13 of the TRIPS Agreement:
- They only apply in special cases;
- they do not conflict with normal exploitation of the work;- they do not unreasonably prejudice the legitimate interests of the right holder.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 10
7. Please state the terms of protection of ea ch right described above and the work or
subject-matter to which it applies.
The term of protection of a work other than a photographic work or a work of applied art.
The term of protection granted under Ivorian law is 99 years, irrespective of the nature of the
work.
The determination of this period is nevertheless subject to nuances depending on whether it is
a work of collaboration, an anonymous or pseudonymous work, a collective or audiovisual work or a
work of applied art.
Depending on the case, the term of protection runs either from the calendar year in which the
last surviving co-author died, or the year of first publication or execution of the work, or the year in
which the work was lawfully published or made available to the public, or the year in which the work
was disclosed.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
With regard to the protection of works that existed when the law came into effect, Ivorian
legislation complies with the provisions of Article 18 of the Berne Convention.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Articles 2 and 3 of Annex III to the revised Ba ngui Agreement define signs that are allowed
as trademarks and those that are excluded, as follows:
- The following are allowed as trademarks for goods or services:  any visible sign used
or intended to be used and capable of distinguishing the goods or services of any
enterprise, including in particular surnames by themselves or in a distinctive form,
special, arbitrary or fanciful designations, the characteristic form of a product or its
packaging, labels, wrappers, emblems, prints, stamps, seals, vignettes, borders,combinations or arrangements of colours, drawings, reliefs, letters, numbers, slogans
and pseudonyms;
- a mark may not be validly registered if:
- it is devoid of distinctiveness, notably owing to the fact that it consists of
signs or indications constituting the necessary or generic designation of the
product or the composition thereof;
- it is identical to a mark that belongs to another owner and is already
registered, or the filing or priority date of which is earlier, and which relates
to the same or similar goods or services, or where it so resembles such a mark
that it is liable to mislead or confuse;
- it is contrary to public order, morality or the law;IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 11
- it is liable to mislead the public or business circles, notably as to the
geographical origin, nature or characteristics of the goods or services in
question;
- it reproduces, imitates or incorporates armorial bearings, flags or other
emblems, an abbreviated name or acronym or an official sign or hallmark
indicating control and warranty of a State or intergovernmental organization
established by an international convention, except where the competent
authority of that State or that organization has given its permission.
- the mark may be registered for one or more classes of goods or one or more classes of
services within the meaning of the Nice Agreement.
- foreigners not residing in Côte d'Ivoire or in a member State of the AIPO or not
having an effective or serious establishment there must appoint an agent.
10. Please confirm whether or not services are protectable subject-matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Yes, Ivorian legislation grants protection for service marks, trade names, and three (3)-
dimensional elements (for example, bottles, packaging ... ).
No provision of our law provides protection for marks for scents or sounds.
11. Please explain what the requirements of use a re, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
According to our legislation, rights to a tradem ark are acquired solely through registration and
not use.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
Yes, the right to a trademark can be renewed indefinitely for successive ten (10)-year periods.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
Failure to use a trademark for an uninterrupted period of five years after its registration leads
to cancellation at the request of any interested party (Article 23 of Annex III).
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
Registration of a trademark containing a geographical indication or constituted by such an
indication is refused or invalidated if the use of such an indication in the trademark for such productsIP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 12
is liable to mislead the public as to the true place of origin (Article 2.1 of Annex VI to the Bangui
Agreement).
Follow-up question:
Please clarify whether any domestic legislat ion implements the provisions of Section 3 of
Part II of the TRIPS Agreement.  If none, pl ease explain how the provisions of the Bangui
Agreement have direct effect in Côte d'Ivoire.  Pl ease explain how both nationals of Côte d'Ivoire
and WTO nationals benefit from the protection for GIs.
There is no domestic legislation that implements the provisions of Section 3 of Part II of the
TRIPS Agreement.  The Bangui Agreement serves as national industrial property legislation and all of
its provisions therefore apply in each of the member States.
Geographical indications are protected under Annex VI of the Bangui Agreement of
24 February 1999.
Conditions of protection
Geographical indications are protected if they have been registered by the African Intellectual
Property Organization (AIPO) or are to be treated  as having been registered by virtue of an
international convention to which the member States are party.
Geographical indications foreign to the territories of the organization's member States may be
registered by AIPO only where this is provided for in an international convention to which the
member States are party or in the enforcing legislation.
The following geographical indications are excluded from protection:- Indications which do not correspond to the definition contained in the Bangui
Agreement;
- indications which are contrary to morality or public order or those which are liable to
deceive the public as to the nature, the source, the manufacturing process, the
characteristic qualities or the suitability for their purpose of the goods concerned;
- indications which are not protected in their country of origin or have ceased to be
protected or have fallen into disuse in that country.
Registration procedure
Natural or legal persons carrying out an activity as a producer in the geographical area
specified in the application, with respect to the products specified in the application, as well as groupsof such persons, groups of consumers and any competent authority are entitled to file an application
for registration of a geographical indication.
AIPO examines all applications for registration of a geographical indication to determine
whether the applicant is eligible to request registration and whether the application provides all thenecessary information, including information on exclusions from protection.  It registers the
application if no irregularities are found, publishes the registration and furnishes the owner with a
registration certificate.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 13
Only producers carrying out their activity in the geographical area specified in the Register
shall have the right to use for commercial purposes a registered geographical indication with respect
to the products specified in the Register, provided that such products possess the essential
characteristic qualities specified in the Register.
Nevertheless, where products have been put into circulation under the conditions defined in
the preceding paragraph under a registered geographical indication, any person shall have the right to
use the geographical indication for those products.
Unless the above-mentioned conditions are met, it shall be unlawful to use, for commercial
purposes, a registered geographical indication or a similar designation with respect to the productsspecified in the Register or similar products, even if the true origin of the product is indicated or if the
geographical indication is in the form of a translation or is accompanied by words such as "kind",
"type", "make", "imitation" or the like.
15. Please give the definition of a geographical indication in your legislation.
"Geographical indication" means an indication that  serves to identify a product as originating
from a territory, a region, or a locality within that territory, in those cases where the quality, reputation
or other specific characteristic of the product may be essentially attributed to such geographical
origin.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
"Geographical indication" means an indication that  serves to identify a product as originating
from a territory, a region, or a locality within that territory, in those cases where the quality, reputation
or other specific characteristic of the product may be essentially attributed to such geographical origin(Article 1).
Follow-up question:
Please explain the difference, if any, between questions 15 and 16.
Answer to Question 15:  See Definitions (Anne x VI, Article 1, of the Bangui Agreement).
"Geographical indication" means an indication that  serves to identify a product as originating
from a territory, a region, or a locality within that territory, in those cases where the quality, reputation
or other specific characteristic of the product may be essentially attributed to such geographical
origin.
Answer to question 16:  In order to qualify for protection as a geog raphical indication, the
product must possess characteristics that are essentially linked to natural conditions (soil, climate) and/or
know-how in the specified locality.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
There is no special provision on wines and spirits in the legislation.  These are protected
under the general provisions applicable to the subject-matter protected as a geographical indication.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 14
Follow-up question:
Please explain and quote those general provisi ons for the protection of GIs to which you
refer.  Please explain how Article 23 of the TRIPS Agreement is implemented in Côte d'Ivoire.
Article 15 of the Bangui Agreement of 24 February 1999 provides for the implementation of
Article 23 of Section 3, Part II, of the TRIPS Agreement and lays down the following conditions for
use of a geographical indication:
(1) Subject to paragraphs (2) and (3) hereafter, only producers carrying out their activity
for commercial purposes in the geographical area specified in the Register shall havethe right to use a registered geographical indication with respect to the products
specified in the Register, provided that such products possess the essential
characteristic qualities specified in the Register.
(2) Where products have been put into circulation under the conditions defined in the
preceding paragraph under a registered geographical indication, any person shall have
the right to use the geographical indication for those products.
(3) Apart from the cases referred to in the preceding paragraphs (1) and (2), it shall be
unlawful to use, for commercial purposes, a registered geographical indication or asimilar designation, with respect to the products specified in the Register or similar
products, even if the true origin of the products is indicated or if the geographical
indication is in the form of a translation or is accompanied by terms such as "kind",
"type", "make", "imitation" or the like.
(4) The competent national authority of the member State concerned may decide by
regulation that the quality of products put on sale or used under a registered
geographical indication shall be subjected to control or that the use of such
geographical indication shall be prohibited.
(5) It shall be unlawful to use in the designation or presentation of a product any means
that infers or suggests that the product concerned originates in a geographical areaother than its true place of origin in a manner likely to mislead the public as to the
geographical origin of the product.
(6) The owner of an earlier mark that is identical or similar to a geographical indication
may continue to use his mark, except where such a mark concerns wines or spirits.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
The Bangui Agreement does not contain any special provisions concerning the exceptions
mentioned in Article 24 of the TRIPS Agreement.  The provisions in Article 23 are, however,
observed.
E.
INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 15
In Côte d'Ivoire, the technical or functional aspects of industrial designs are not requirements
imposed for their protection.
The aesthetic and ornamental aspects are the only elements taken into account for the
protection of industrial designs.
Designs on printed materials are not the subject of any special provisions on protection.  They
are protected under Annex IV to the Bangui Agreement, which concerns industrial designs.
20. Please explain how your legislation protects right holders of a design against the import
of articles bearing embodied or copied designs.
Registration gives the creator of an industrial design or his successors in title the exclusive
right to exploit the design.
They may therefore prohibit the manufacture, sale  or import of any article that infringes their
right.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
No provision in Côte d'Ivoire's legislation allows compulsory licences to be granted for
industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Industrial designs are registered for a term of five years as of the date of filing the application
for registration.  Registration may be extended, however, for two further consecutive periods of five
years subject to payment of the corresponding fee, the amount of which is fixed in the regulations.
F. P ATENTS
23. Please describe how your legislation defines the notions of:  novelty, inventiveness and
industrial application.
Articles 3, 4 and 5 of Annex I to the Bangui Agreement.
Novelty
1. An invention is new if it has not been anticipated by prior art;
2. prior art consists of everything made available to the public, in any place and by any means or
method, before the filing date either of the patent application or of a patent application filed
abroad the priority of which has been validly claimed;
3. the novelty of an invention is not denied if, during the 12 months preceding the date specified
in paragraph 2 above, the invention has been the subject of a disclosure resulting from:
(a) An obvious violation committed against the applicant or his predecessor in title;IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 16
(b) the fact that the applicant or his predecessor in title has displayed it at an official or
officially recognized international exhibition.
Inventive step
An invention is regarded as resulting from an in ventive step if, having regard to the prior art,
it would not have been obvious to a person having ordinary knowledge and skill in the art on the filing
date of the patent application or, if priority has been claimed, on the priority date validly claimed for
it.
Industrial applicability
An invention is considered industrially applicable if its subject-matter can be made or used in
any kind of industry.  The term "industry" should be understood in its broadest sense;  in particular, it
covers handicrafts, agriculture, fisheries and services.
24. Please explain whether or not in your legislatio n, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
According to Article 8 of Annex I to the Bangui Agreement, the rights deriving from a patent
do not extend to the following:
(a) Acts in relation to subject-matter brought on to the market on the territory of a
member State by the owner of the patent or with his consent;
(b) the use of objects on board foreign aircraft, land vehicles or ships that temporarily or
accidentally enter the airspace, territory or waters of a member State;
(c) acts in relation to a patented invention that are carried out for experimental purposes
in the course of scientific and technical research;
(d) acts performed by any person who, in good faith, on the filing date or, where priority
is claimed, on the priority date of the application on the basis of which the patent isgranted on the territory of a member State, was using the invention or making
effective and serious preparations for such use, in so far as those acts are not different
in nature or purpose from the actual or planned earlier use.
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
According to Article 6(a) of Annex I, any inve ntion the exploitation of which is contrary to
public order or morality cannot be patented.
Exploitation of such an invention shall not be considered contrary to public order or morality,
however, merely because it is prohibited by law or regulation.
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of yourlegislation and explain its formulation.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 17
Article 6(e) of Annex I provides that methods for the treatment of the human or animal body
by surgery or therapy, including diagnostic methods, cannot be patented.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Article 6(c) of Annex I provides that inventions having as their subject-matter plant varieties,
animal species and essentially biological processes for the breeding of plants or animals, other than
microbiological processes and the products of such processes, may not be patented.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation.
Micro-organisms, non-essentially biological processes, microbiological processes and
products obtained by means of such processes are protected by patents pursuant to Annex I to theBangui Agreement.
As far as plant varieties are concerned, they are protected by Annex X on the protection of
new plant varieties.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention?
Subject to the conditions and within the limits established in Annex I to the Bangui
Agreement, a patent gives its owner the exclusive right to work the patented invention and to prohibit
any other person from working it.
Working may consist of:(a) In the case of a patent for a product:
(1) Manufacturing, importing, offering for sale, selling and using the product;
(2) possessing the product for the purposes of offering it for sale, selling it or
using it;
(b) In the case of a patent for a process:
(1) using the process;
(2) engaging in the acts mentioned in subparagraph (a) in relation to a product
resulting directly from use of the process.
Article 8 of Annex I determines the limitations on the rights conferred by the patent, in
conformity with Article 30 of the TRIPS Agreement.
A patent expires at the end of the twentieth calendar year following the filing date of the
application.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 18
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
Pharmaceutical and agricultural chemical products are not protected under patent legislation
pursuant to Annex I to the Bangui Agreement.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Where a patent is granted for a process, the products obtained by that process are protected.
32. Please explain the additional conditions, if  any, in your legislation, other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g., submission of
justification for access to genetic material or prior informed consent to its use).  If such
additional conditions exist, please point out the relevant legislation and describe the additional
conditions in detail.
The current regulatory provisions do not contain any additional conditions other than those
requiring that an applicant set out the invention clearly and completely so that a person havingaverage knowledge and skill in the art could ca rry it out (Article 14 of Annex I to the Bangui
Agreement).
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
There are no limited exceptions to the exclusive right of exploitation granted to the patent
owner other than non-voluntary licences.
34. Please explain whether or not your legislation provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  Inparticular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Ivorian legislation contains provisions on the granting of compulsory licences for the
following reasons:
Non-voluntary licence for non-working (Article 46)
1. At the request of any person made after the expiry of a period of four years from the filing
date of the patent application or three years from the date of issue of the patent, whichever
period expires last, a non-voluntary licence may be granted where one or more of the
following conditions are fulfilled:
(a) A patented invention is not being worked on the territory of a member State at the
time the request is made;
(b) the working of the patented invention on such territory does not meet the demand for
the protected product on reasonable terms;
(c) on account of the refusal of the owner of the patent to grant licences on reasonable
commercial terms and conditions, the establishment or development of industrial or
commercial activities on such territory is unfairly and substantially prejudiced;IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 19
2. Notwithstanding the provisions of paragraph (1) above, a non-voluntary licence may not be
granted if the owner of the patent provides  legitimate reasons for the non-working of the
invention.
Non-voluntary licence for a dependent patent (Article 47)
Where a patented invention cannot be worked without infringing the rights under an earlier
patent the owner of which refuses to authorize its use on reasonable commercial terms and conditions,
the owner of the later patent may obtain a non-vo luntary licence for such use from the court on the
same terms as those applicable to the non-voluntary licences granted under Article 46 and subject tothe following additional conditions:
(a) The invention claimed in the later patent must represent substantial technical
progress, of considerable economic interest, in relation to the invention claimed in the
earlier patent;
(b) the owner of the earlier patent has the right to a reciprocal licence on reasonable
terms for the use of the invention claimed in the later patent;
(c) the use authorized in relation to the earlier patent is non-transferable, except where
the later patent is also transferred.
Ex officio  licence (Article 56)
(1) Where certain patents are of vital interest to the country's economy, public health or
national defence, or where non-working or insufficient working of such patents
seriously compromises the satisfaction of the country's needs, by means of an
administrative act of the competent Minister of the member State concerned, they
may be made subject to the non-voluntary licence regime.
The said act specifies the beneficiary administration or organization, the conditions,
the term and the scope of the non-voluntary licence and the amount of royaltiespayable.
(2) In the absence of amicable agreement between the owner of the patent and the
administration concerned on the said conditions, they are set by the civil court.
(3) Ex officio  licences shall be subject to the same conditions as the non-voluntary
licences granted under Article 46.
Licence of right (Article 57)
(1) Any owner of a patent not precluded by the terms of any previously registered licence
from granting further licences may apply to the Organization to have the notice
"licences of right" entered in the Register in respect of his patent.  The notice is
entered in the Register and published by the Organization as soon as possible.
(2) The entry of such notice in the Register entitles any person to obtain a licence to work
the said patent on terms that, in the absence of agreement between the parties
concerned, are fixed by the civil court.  It also causes the annual fee to be reduced.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 20
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  In
this context, how do you define "reasonable period of time"?  Please also explain how yourlegislation ensures that the use of a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.
A person applying for a compulsory licence must provide proof that he has previously
approached the owner of the patent, by registered letter, requesting a contractual licence, but has been
unable to obtain such a licence from him on reasonable commercial terms and conditions and within a
reasonable time.
The time-limit is fixed in the implementing regulations of the Bangui Agreement.
Where certain patents are of vital interest to the country's economy, public health or national
defence or where non-working or insufficient working of such patents seriously compromises the
satisfaction of the country's needs, by means of an administrative act of the competent Minister of the
member State concerned, they may be made subject to the non-voluntary licence regime.
The said act specifies the beneficiary administ ration or organization, the conditions, the term
and the scope of the non-voluntary licence and the amount of royalties payable (Article 56 of
Annex I).
36. Please state if your legislation grants addi tional protection for innovations after the
20 years of patent protection has lapsed.
Under Ivorian law, innovations made to an invention are protected by certificates of addition.
This protection terminates together with the principal patent.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
According to Article 68 of Annex I to the Bangui Agreement of 24 February 1999, any patent
granted or recognized under the Bangui Agreement of 2 March 1977 remains in force for a period of
20 years as from its filing date.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Article 66 of Annex I to the Bangui Agreement deals with the burden of proof in cases of
disputes related to process patents.
Where the subject-matter of a patent is a process for making a product, the judicial authority
is authorized to order the defendant to prove that  the process used to make an identical product is
different from the patented process in the following situations:
- The product obtained by means of the process is new;
- there is a strong probability that the identical product was obtained by means of the
process and the owner of the patent has been unable, in spite of reasonable effort, to
establish what process was actually used.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 21
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
Annex IX to the Bangui Agreement contains provisions on the protection of layout-designs.
Subject-matter of protection (Article 2)
Layout-designs of integrated circuits may be protected under Annex IX to the Agreement if
they are original.
A layout-design is original if it is the result of its creator's personal intellectual effort and is
not in common use among creators of layout-designs and manufacturers of integrated circuits at the
time of its creation (Article 3).
Registration may be applied for only if the layout-design has not yet been commercially
exploited or has not been commercially exploited for more than two years anywhere in the world.
Right to protection
The right to protection of a layout-design belongs to its creator.  It may be assigned or
transferred by succession.
Where several persons have jointly created a layout-design, the right belongs to them
collectively.
Where a layout-design has been created under a works or services contract, the right to
protection belongs to the person who commissioned th e work or service or to the employer, unless
otherwise provided in the contract.
40. Please explain what protection your national legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
The protection granted under Annex IX is independent of the fact of whether or not the
integrated circuit incorporating the protected layout-des ign is itself incorporated in an article.  Subject
to the provisions of Articles 6 and 15 of Annex IX, the following acts are unlawful when carried out
without the authorization of the holder:
(a) The act of reproducing, whether by incorporation in an integrated circuit or
otherwise, a protected layout-design in its entirety or any part thereof, except the act
of reproducing any part that does not fulfil the requirement of originality referred to
in Article 3;
(b) the act of importing, selling or otherwise distributing for commercial purposes a
protected layout-design, an integrated circuit in which a protected layout-design is
incorporated or an article in which such an integrated circuit is incorporated if it
continues to contain a layout-design that is unlawfully reproduced.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 22
41. Please explain how your legislation provide s for the derogation from Article 36, as
specified in Article 37 of the TRIPS Agreement, where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography?
Article 6 of Annex IX to the Bangui Agreement provides that:
The protection afforded a layout-design under this Annex does not extend:(a) To the reproduction of a protected layout-design for private purposes or for the sole
purpose of evaluation, analysis, research or teaching;
(b) to the incorporation, in an integrated circuit, of a layout-design based on such analysis
or evaluation and itself possessing originality within the meaning of Article 3, nor to
the carrying out with respect to such a layout-design of any of the acts referred to in
Article 5;
(c) to the carrying out of any of the acts referred to in Article 5(b) where the act is carried
out with respect to a protected layout-design, or an integrated circuit in which such a
layout-design is incorporated, which has been placed on the market by the holder or
with his consent;
(d) to the carrying out of any of the acts referr ed to in Article 5(b) with respect to an
integrated circuit incorporating an unlawfully reproduced layout-design or any article
incorporating an unlawfully reproduced layout-design or any article incorporating
such an integrated circuit where the person performing or ordering such an act did not
know and had no reasonable grounds to know, when acquiring the integrated circuitor an article incorporating it, that it inco rporated an unlawfully reproduced layout-
design;  however, once that person has been duly advised of the fact that the layout-
design has been unlawfully reproduced, he may carry out any of the aforementioned
acts with regard solely to the stocks at his disposal or which he had ordered before
being advised and shall be required to pay to the holder an amount equivalent to a
reasonable royalty that would be required under a freely negotiated licence with
respect to such a layout-design;
(e) to the carrying out of any of the acts referred to in Article 5(b) where the act is carried
out with respect to an identical original layout-design created independently by a
third party.
42. Please state the term of protection granted by your legislation to topographies.
The protection afforded a layout-design under Annex IX shall take effect:
- On the date of the first commercial exploitation of the layout-design, anywhere in the
world, by the holder or with his consent, on condition that an application forprotection be filed by the holder with the Ivorian Industrial Property Office or with
the African Intellectual Property Organization;  or
- on the filing date allocated to the application for registration of the layout-design filed
by the holder if the layout-design has not been the subject of prior commercialexploitation anywhere in the world.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 23
The protection afforded a layout-design under this Law shall cease at the end of the tenth
calendar year following the date on which it took effect.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
The legislation does not specify a defined period of time for the protection of undisclosed
information.
44. Please explain how your legislation defines undisclosed information.
Protection of undisclosed information is provided for in Article 6 of Annex VIII to the Bangui
Agreement of 24 February 1999.
Article 6 of this Annex deals with unfair competition concerning confidential information.Information is considered confidential when:- In its totality or in the configuration or precise assembly of its elements, it is not
generally known to persons belonging to the circles that normally deal with that type
of information or is not readily available to them;
- it has commercial value because it is confidential;
- its lawful holder has taken reasonable precautions, in view of the circumstances, to
keep it confidential;
- any act or practice which, in the course of industrial or commercial activities,
constitutes or leads to dishonest use in trade of confidential data obtained from tests
or other confidential data the production of which requires considerable effort and
which have been communicated to a competen t authority for the purpose of obtaining
authorization to market pharmaceutical products or chemical products for agriculture
comprising new chemical entities, is considered unfair competition.
There is one exception to this provision, namely, where disclosure of data is necessary to
protect the public or unless measures have been taken to ensure that the data are protected against
dishonest use in trade.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Paragraph (4) of Article 6 of Annex VIII to the Bangui Agreement protects undisclosed
information and data communicated to public authorities or their entities through provisions on unfair
competition concerning confidential information.
I. E
NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 24
The revised Bangui Agreement of 24 February 1999 contains provisions relating to the
enforcement obligations established in Articles 41 to 61 of the TRIPS Agreement.  These aspects have
been addressed on page 4 of the Report on progress in implementing the TRIPS Agreement.
The draft legislation mentioned in paragraphs 1.B.2(a) and 1.B.2(b) of this Report reinforces
the provisions of the Bangui Agreement.
For example, Section III of the draft law on the protection of intellectual works, which covers
procedures and penalties, contains the following provisions:
Infringement seizure (Article 90)
At the request of right holders, their successors in title or agents, goods in infringement of
rights can be seized.
This measure is subject to legal recourse to have them released (Articles 91 and 92).
Descriptive seizure (Article 93)
At the request of the aforementioned parties, one or more court-appointed experts may
proceed to draw up an inventory of the objects alleged to be counterfeit or to describe the particularsof the infringement and the materials used to commit it.
Suspension of release by Customs (Article 94)
Without prejudice to the pertinent provisions of the Customs Code, when a right holder has
prima facie  evidence for suspecting the imminent import or export of goods the circulation of which
is unlawful, he may submit a written request to the Customs authorities to suspend their release.
Enforcement
The law defines infractions and establishes penalties.  It describes the offence of
counterfeiting (Article 96), the infraction of fraudulent affixation or suppression of a mark(Article 96), the infraction of abuse of technical facilities (Article 97), etc. and establishes the
penalties to which offenders are liable.
Technical measures
Provisions on technical devices to prevent piracy (Article 76) have been added to the
provisions governing the use of apparatus not equipped with copy-protected devices and of devices to
render inoperative any means of copy protection or regulation (Article 175).
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
In civil, criminal, commercial and administrative matters, Ivorian legislation provides that
judicial or administrative decisions taken at the first level may be the subject of appeal before the
Court of Appeal and, where appropriate, before the S upreme Court, which is the last court of appeal.
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 25
When passing sentence, an Ivorian judge has the power to compel the party concerned, under
oath, to provide any evidence that may lie within his control, with full guarantees with regard to the
protection of confidential information.
This provision is contained in Articles 54 et seq . of the Code of Civil Procedure.
This possibility is also provided at the examination stage, pursuant to Article 97 of the Code
of Criminal Procedure.  The examining judge may order the presentation of any evidence that may be
appropriate in order to reveal the truth.
A number of measures can be taken to guarantee professional secrecy:- Seizure in the presence of the person concerned or his lawyer;
- placing under seal, and opening in the presence of the party concerned or his lawyer;
- drawing up of minutes;
- penalties, consisting of fines and imprisonment, for any disclosure or communication
of information without the consent of the party concerned.
The foregoing measures are established in Articles 56, 57, 97 and 98 of the Code of Criminal
Procedure.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
Through summary proceedings or direct summons, the judge may order that precautionary
measures be taken against any person who infringes another person's intellectual property rights.
These measures are established in Articles 67, 47, 48, 31, 16, 16, 62, 1, 35 and 44 respectively
of Annexes I to X to the Bangui Agreement.
50. Please quote which provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
Articles 58, 41, 46, 29, 16, 16, 63, 1, 35 and 43 in Annexes I to X respectively to the Bangui
Agreement allow persons injured by infringement of their intellectual property rights to request a civil
court judge to order the payment of damages.
51. Please quote which provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
In the event of conviction, the infringer of an intellectual property right may be required by
the judge to pay the legal costs incurred by the holder of the right.  Articles 464 to 468 of the Code of
Criminal Procedure and Article 149 of the Code of Civil Procedure deal with the issue of the paymentof legal costs.
52. Please explain if and how judges have the au thority to order that infringing goods are
placed outside channels of commerce or destroyed.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 26
The Bangui Agreement recognizes the judge's power to order the seizure of recognized
infringing goods or objects (infringement seizure procedure) or their forfeiture or destruction, together
with any implements or tools specifically intended for their manufacture.
See, for example, Articles 64 and 67 of Annex I on patents and Articles 43 and 48 of
Annex III on trademarks and service marks.
This measure is supported by the draft laws on the protection of intellectual property rights at
borders and on the protection of intellectual works, as mentioned in paragraphs 1.B.2(a) and 1.B.2(b)
of the Report.
53. Please quote which provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
The Bangui Agreement, in the Articles cited above in regard to infringement seizure, provides
that, if there has been a legal irregularity, the defendant may initiate an action seeking damages from
the complainant.
The defendant is also entitled to take such acti on in the event of failure by the complainant to
take substantive action within ten days from the seizure or inventory.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
The infringement seizure regime established under the Bangui Agreement allows the judge to
order the seizure of allegedly infringing goods at any location, including the border.
Before seizure is effected, the judge may require the petitioner to furnish security.
The person in possession of the goods seized is given a copy of the order and of the document
attesting the deposit of security, on pain of invalidity and damages against the bailiff, the public
official or the Customs officer, as the case may be.
The complainant has ten (10) days to take substantive action;  if no such action is taken by the
end of that ten-day period, the seizure becomes void and the defendant may claim damages.
The draft law on the protection of intellectual property rights at borders, described in
paragraph 1.B.2(a) of the Report, not only authorizes the detention in Customs of any allegedly
infringing goods (Article 7), but also authorizes  the complainant to inspect goods the clearance of
which has been suspended (Article 14), requires the complainant to provide tangible evidence of the
rights he is asserting and the claims he is making (Article 8), authorizes the Customs service to seizegoods ex officio  in order to prevent any infringing goods that have been detected from reaching the
market (Article 19), provides for the payment of damages to the defendant and the right to be heard at
review proceedings if a substantive decision is handed down (Article 13(b)) and provides for all
provisional measures to be suspended at the request of the defendant if the petitioner fails to take
substantive action within ten (10) days (Article 13(a)).
55. Please identify the competent authorities in  your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the Customs
authorities.
The authorities empowered to deal with requests for the suspension of Customs clearance of
counterfeit goods are judges, Customs of ficers and judicial police officers.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 27
56. Please indicate whether or not procedures are available to suspend the export of
counterfeit goods.
There are procedures to suspend the export of counterfeit goods.  These are to be found in the
draft law on the protection of intellectual property rights at borders (Article 1).  The same provisions
apply to imports.
57. Please quote which provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
Please see the reply to question 52.
58. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
Article 25 of the draft law on the protection of intellectual property rights at borders provides
that counterfeit goods not intended for commercial use, found in small quantities in travellers'
personal effects, are not subject to the prohibition.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement?
The owner of an intellectual property right that has been infringed may bring proceedings
before the civil or criminal courts.
The Code of Criminal Procedure and the rele vant provisions of the Bangui Agreement on
prosecution and penalties applicable to trademarks and copyright allow the right holder to bring
proceedings and provide for deterrents.
Articles 74, 77 and 377 of the Code of Criminal Procedure set out the procedures applied with
regard to the preliminary investigation, information, direct summons and ruling.
The procedures described, such as summary proceedings, direct summons, seizure and
infringement seizure, which involve bailiffs, public or ministerial officials, including Customs
officers, are in the spirit of the TRIPS Agreement.
The Bangui Agreement provides for extensive penalties.  These are defined in the "Penalties"
chapter in each of the ten (10) Annexes to the Agreement.  The range of penalties includes the
following:
- Imprisonment (three months to two years);
- fines, which have been increased twentyfold since the Agreement of 2 March 1977
(CFAF 1 to 6 million);
- damages;
- forfeiture or destruction of the counterfeit goods;
- destruction of implements or tools specially intended for committing the
infringement;IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 28
- publication of the verdict at the infringer's expense;
- legal disqualification from membership of professional associations (chambers of
commerce, trade unions);
In addition, the penalties may be increased in cases of recidivism.
IV. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of  intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members and cite the
relevant provisions of law.
These aspects are addressed under Section 1.1 of the Report, which covers the provisions on
protection of various forms of intellectual property under Côte d'Ivoire's relevant legislation (see
introductory statement).  Article 1 (Annex X to the Bangui Agreement), Article 3 of Annex VI,
Article 5 of Annex IV, Article 4 of Annex III, Article 10 of Annex II and Article 13 of Annex I deal
specifically with national treatment.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Côte d'Ivoire complies with
Article 9 of the TRIPS Agreement requiring that  Members comply with 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.
Although it does not refer explicitly to Article 9 of the TRIPS Agreement, the Ivorian law on
copyright and related rights nevertheless observes the provisions requiring that Members shouldcomply with Articles 1 to 21 of the Berne C onvention (1971) and the Appendix thereto, given that
Côte d'Ivoire is party to the Berne Convention and the Marrakesh Agreement on the one hand and, on
the other, its law on copyright and related rights specifically obliges it to respect the rules on
protection in the international conventions which it has signed (Article 2.3).
3. Please explain how the copyright law of Côte d'Ivoire protects computer programs as
literary works and compilations of data, as required by Article 10 of the TRIPS Agreement.
The special mention of the protection of computer programs (Article 5) and compilations of
data (Article 7) is one of the areas where Ivorian law has been brought into conformity with the
TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please cite the corresponding provision of the
copyright law of Côte d'Ivoire.
Recognition of a rental right (Article 23) is another of the areas where Ivorian law has been
updated in the light of the TRIPS Agreement.
This right is covered as follows:IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 29
- The law does not specify the works concerned, which means that the rental right
applies to all categories of work;
- the law does not provide for exemption for cinematographic works in cases where
rental would not have any prejudicial effect on the right of reproduction, as called for
by Article 11 of the TRIPS Agreement.
5. Please state the length and terms of protection the copyright law of Côte d'Ivoire
provides for a work other than a photographic work or a work of applied art and cite the
relevant provision of law.
The term of protection granted under Ivorian law is 99 years, irrespective of the nature of the
work.
The determination of this period is nevertheless subject to nuances depending on whether it is
a work of collaboration, an anonymous or pseudonymous work, a collective or audiovisual work or a
work of applied art.
Depending on the case, the term of protection runs either from the calendar year in which the
last surviving co-author died, or the year of first publication or execution of the work, or the year in
which the work was lawfully published or made available to the public, or the year in which the work
was disclosed.
6. Please describe the protection the copyright law of Côte d'Ivoire provides for
performers and the term of the protection.
Côte d'Ivoire's law recognizes a performer's moral right (Article 60).  With regard to
economic rights, performers are given the exclusive right to authorize:
- Fixation and reproduction of their fixed performances, including audiovisual
fixations, in any manner or form;
- communication to the public and rental of their performances (Article 61).
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or pr ohibit 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 Côte d'Ivoire implements these obligations and indicate the
term of protection.
Ivorian law gives producers of phonograms and videograms the exclusive right to authorize:
- Direct or indirect reproduction of their phonograms or videograms;- communication to the public, rental or loan of their phonograms or videograms
(Article 62).
C.
TRADEMARKS
8. Please describe the subject-matter that can comprise a trademark under the trademark
law of Côte d'Ivoire.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 30
Articles 2 and 3 of Annex III to the revised Ba ngui Agreement define signs that are allowed
as trademarks and those that are excluded, as follows:
- The following are allowed as trademarks for goods or services:  any visible sign used
or intended to be used and capable of distinguishing the goods or services of any
enterprise, including in particular surnames by themselves or in a distinctive form,
special, arbitrary or fanciful designations, the characteristic form of a product or its
packaging, labels, wrappers, emblems, prints, stamps, seals, vignettes, borders,
combinations or arrangements of colours, drawings, reliefs, letters, numbers, slogans
and pseudonyms;
- a trademark for goods or services the conditions for use of which are laid down in
rules approved by the competent authority and which may only be used by recognized
professional associations may be considered a collective mark.
- a mark may not be validly registered if:
- it is devoid of distinctiveness, notably owing to the fact that it consists of
signs or indications constituting the necessary or generic designation of the
product or the composition thereof;
- it is identical to a mark that belongs to another owner and is already
registered, or the filing or priority date of which is earlier, and which relates
to the same or similar goods or services, or where it so resembles such a mark
that it is liable to mislead or confuse;
- it is contrary to public order, morality or the law;
- it is liable to mislead the public or business circles, notably as to the
geographical origin, nature or characteristics of the goods or services in
question;
- it reproduces, imitates or incorporates armorial bearings, flags or other
emblems, an abbreviated name or acronym or an official sign or hallmark
indicating control and warranty of a State or intergovernmental organization
established by an international convention, except where the competent
authority of that State or that organization has given its permission.
- the mark may be registered for one or more classes of goods or one or more classes of
services within the meaning of the Nice Agreement.
- foreigners not residing in Côte d'Ivoire or in a member State of the AIPO or not
having an effective or serious establishment there must appoint an agent.
9. Please describe the procedure that must be followed to register a trademark in
Côte d'Ivoire, citing the relevant provisions of the law, and describe the rights that the owner of
a registered mark can exercise.
The procedure is described in Section II of Annex III to the Bangui Agreement.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 31
Any person wishing to obtain the registration of a trademark in Côte d'Ivoire must file an
application with the Ivorian Industrial Property Office ( Office ivoirien de la propriété industrielle )
(OIPI):
- The application must be addressed to the Director General of the African Intellectual
Property Organization (AIPO) in five  copies and contain the following:
- a document proving payment of the filing fee to the Organization;
- an unstamped private power of attorney if the applicant is represented by an
agent;
- a reproduction of the trademark, including a list of the goods or services to
which the trademark applies, with the corresponding classes in the
International Classification of Goods and Services for the Purposes of the
Registration of Marks (Nice Agreement).
The Organization examines all trademark regist ration applications to determine whether the
conditions of form referred to in Articles 8 a nd 9 of Annex III to the Bangui Agreement have been
met and whether the prescribed fees have been paid.
Any application containing elements that may not be registered is rejected (Article 13 of
Annex III).
Any irregularities are notified to the applicant or his agent, who has three (3) months as of the
date of notification in which to put the documents in order.  This period may be extended in cases of
proven necessity at the request of the applicant or his agent.
If the documents are not put in order according to the aforementioned provisions, the
application is rejected.
An application that meets all the requirements is registered and published in the
Organization's official bulletin.  A registration certificate is issued to the owner of the trademark.
- The application must indicate the name, address, nationality and domicile of the
applicant;
- the application must be signed and if the applicant is a legal entity its identity and title
must be specified;
- upon receipt of the application, the Office draws up a statement specifying the date
and time of submission of the documents, a copy of which is given to the applicant.
The Office transmits the documents to the Organization within five working days of
the date of filing;
- the trademark is registered for ten years, which can be renewed indefinitely;
- a legal provision allows priority to be claimed for an earlier filing either at the time of
filing the application or later, up to three months following the filing date.
Pursuant to Article 7 of Annex III, the registration of a trademark confers the following rights
on the owner:IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 32
(1) The exclusive right to use the trademark,  or a sign resembling it, in connection with
the goods or services for which it has been registered or similar goods or services;
(2) the exclusive right to prohibit third parties from making use in business without his
consent of identical or similar signs for goods or services that are themselves similar
to those for which the trademark has been registered where such use is liable to cause
confusion;
(3) registration of a trademark does not confer on its owner the right to prohibit a third
party from making use in good faith of their name or address, a pseudonym, ageographical name or accurate information concerning the nature, place of origin or
time of production of their goods or rendering of their services, in so far as the use in
question is limited to the purpose of mere identification or information and cannot
mislead the public as to the source of the goods or services;
(4) nor does registration of a trademark confer on its owner the right to prohibit a third
party from making use of the mark in relation to goods that have been lawfully sold
under the mark on the national territory of the member State in which the right of
prohibition is exercised, on condition that the goods have not undergone any
alteration.
10. Please provide the length and terms of protection the trademark law of Côte d'Ivoire
provides for a trademark.
A trademark for goods or services is registered for a period of ten (10) years.  The right to the
trademark may be preserved indefinitely th rough successive renewals every ten years.
11. In determining whether a mark is well -known, do the relevant authorities in
Côte d'Ivoire take account of knowledge of the trademark in the relevant sector of the public,
including knowledge obtained as a result of promotion of the trademark, as required under
Article 16.2 of the TRIPS Agreement?  Please cite the relevant laws, regulations and judicial
decisions.
Article 6 of Annex III to the revised Bangui Agreement, which is Côte d'Ivoire's national
intellectual property legislation, protects the rights of the owner of a well-known mark.  This
provision reads as follows:
"The owner of a well-known mark within the meaning of Article 6 bis of the Paris
Convention for the Protection of Industrial Property and Article 16, paragraphs (2) and (3), ofthe Agreement on Trade-Related Aspects of Intellectual Property Rights may apply to the
court for the invalidation, on the national territory of one of the member States, of the effects
of the filing of a mark liable to be confused with his own.  Such action may not be taken after
a period of five years has expired following the date of the application in so far as the latter
was filed in good faith."
D.
GEOGRAPHICAL INDICATIONS
12. Please describe in detail how the laws of Côte d'Ivoire provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
the relevant provisions of law or regulation, and provide examples of geographical indicationsso protected.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 33
In Côte d'Ivoire, geographical indications are protected in conformity with the provisions in
Annex VI to the Bangui Agreement of 24 February 1999.
Protection is available for geographical indications that serve to identify a product as
originating from a territory or region, or a locality within that territory, in those cases where the
quality, reputation or other specific characteristic of the product may be essentially attributed to such
a geographical origin.
Conditions of protection
Geographical indications are protected if they have been registered by the African Intellectual
Property Organization (AIPO) or are to be treated  as having been registered by virtue of an
international convention to which the member States are party.
Geographical indications foreign to the territories of the organization's member States may be
registered by AIPO only where this is provided for in an international convention to which the
member States are party or in the enforcing legislation.
The following geographical indications are excluded from protection:
- Indications which do not correspond to the definition contained in the Bangui Agreement;- indications which are contrary to morality or public order or those which are liable to deceive
the public as to the nature, the source, the manufacturing process, the characteristic qualities
or the suitability for their purpose of the goods concerned;
- indications which are not protected in their country of origin or have ceased to be protected or
have fallen into disuse in that country.
Registration procedure
Natural or legal persons carrying out an activity as a producer in the geographical area
specified in the application, with respect to the products specified in the application, as well as groupsof such persons, groups of consumers and any competent authority are entitled to file an application
for registration of a geographical indication.
AIPO examines all applications for registration of a geographical indication to determine
whether the applicant is eligible to request registration and whether the application provides all thenecessary information, including information on exclusions from protection.  It registers the
application if no irregularities are found, publishes the registration and furnishes the owner with a
registration certificate.
Only producers carrying out their activity in the geographical area specified in the Register
shall have the right to use for commercial purposes a registered geographical indication with respect
to the products specified in the Register, provided that such products possess the essential
characteristic qualities specified in the Register.
Nevertheless, where products have been put into circulation under the conditions defined in
the preceding paragraph under a registered geographical indication, any person shall have the right to
use the geographical indication for those products.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 34
Unless the above-mentioned conditions are met, it shall be unlawful to use, for commercial
purposes, a registered geographical indication or a similar designation with respect to the products
specified in the Register or similar products, even if the true origin of the product is indicated or if the
geographical indication is in the form of a translation or is accompanied by words such as "kind","type", "make", "imitation" or the like.
At present, only one geographical indication has been protected by the AIPO, namely
"Korhogo cotton".
13. Please describe in detail the manner in which the additional protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing the relevantprovisions of law or regulation, and provide examples of geographical indications for such
products.
There is no special provision on wines and spirits in the legislation.  These are protected
under the general provisions applicable to the subject-matter of geographical indications.
14. Please explain whether pre-existing trademarks are protected against usurpation by
geographical indications, as required under Article 24 of the TRIPS Agreement.  Please cite any
relevant laws, regulations or judicial decisions.
Paragraph (6) of Article 15 of Annex VI to the Bangui Agreement of 24 February 1999 states
that:
"The owner of an earlier mark that is identical or similar to a geographical indication may
continue to use his mark, except where such a mark concerns wines or spirits."
E.
INDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing the provisions of the law of Côte d'Ivoire, and describe the nature of the
protection provided.
Industrial designs are protected by Annex IV to the Bangui Agreement of 24 February 1999.
Registration procedure
(1) Any person wishing to register an industrial design must file an application with the
Ivorian Industrial Property Office (OIPI) or send the application to the Office by
registered mail with a request for acknowledgement of receipt:
(a) the application must be addressed to the Director General of the Organization
in the number of copies prescribed by the regulations;
(b) a document proving payment of the prescribed fees to the Organization must
be submitted;
(c) if the applicant is represented by an agent, an unstamped private power of
attorney must be submitted;
(d) the type of product for which the design is to be used must be mentioned;IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 35
(e) on pain of invalidity of the application, a sealed package containing two
identical copies of a graphic or photographic representation of the design, in
dimensions specified by the regulations, must be submitted.
(2) The same filing may include from one to 100 designs, which shall be numbered from
first to last, provided that they belong to the same class of the International
Classification (Locarno Agreement) or to the same set or range of articles.  Designs
additional to the hundredth shall not be considered validly filed.
The law allows priority for an earlier application to be claimed.
After receiving the application, the Ivorian Industrial Property Office draws up a statement of
receipt if all the application formalities have been met.  This statement attests to the filing and to the
date and time of submission of the documents.
A copy of the statement is issued to the applicant.  The Office transmits the documents to the
Organization within a period of five working days from the filing date.
Registration of the application
1. The Organization examines all applications for registration of an industrial design to
determine whether the conditions of form (Articles 8 and 9 of Annex IV to the
Bangui Agreement) have been met and whether the prescribed fees have been paid.
2. Any irregularities are notified to the applicant or his agent, who has three (3) months
in which to put the documents in order.
This period may be extended by 30 days in cases of proven necessity at the request of
the applicant or his agent.
3. If the documents are not put in order within this period, the application is rejected.The Organization registers designs where the application meets the established conditions.
Registration is published in the official bulletin of the Organization.
Term of protection
Industrial designs are registered for a period of five years as of the date of filing of the
application for registration.  Registration may, however, be extended for a further two consecutive
periods of five years upon payment of a renewal fee, the amount of which is fixed in the regulations.
Rights conferred by registration
- Designs deposited in the proper manner enjoy the benefits established in Annex I to
the Bangui Agreement;
- the ownership of a design belongs to the person who created it or his successors in
title, but, in the absence of proof to the co ntrary, the first applicant shall be presumed
to be the creator of the design;
- any creator of an industrial design, and his successors in title, has the exclusive right
to exploit the said design and to sell or cause to be sold for industrial or commercialIP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 36
purposes the goods in which the design is incorporated, subject to the conditions laid
down in Annex IV, without prejudice to the rights conferred by other legal
provisions;
- foreigners enjoy the benefits of Annex IV to the Agreement if they comply with the
formalities laid down therein.
16. Please describe the procedure that must be followed to obtain protection for textile
designs and cite the relevant provisions of law or regulation.
Registration of designs for printed textiles follows the same procedure as that described above
for other industrial designs.
F. P ATENTS
17. Please describe in detail the way in which the patent law of Côte d'Ivoire 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 biologicalprocesses and plant varieties.  Please cite the relevant provisions of the law.
In Côte d'Ivoire, patents are protected under Annex I to the Bangui Agreement of 24 February
1999.  The provisions in this Annex provide that the following are patentable:
Any invention that involves an industrial activity  and is industrially applicable.  An invention
may consist of or relate to a product, a process or the use thereof.
The law provides for exclusions from patentability.  Article 6 of Annex I to the Bangui
Agreement covers non-patentable subject-matter as follows:
- Inventions the exploitation of which is contrary to public order or morality, provided
that exploitation of the invention is not considered contrary to public order or
morality merely because it is prohibited by law or regulation;
- discoveries, scientific theories and mathematical methods;- inventions having as their subject-matter plant varieties, animal species and
essentially biological processes for the breeding of plants or animals, other than
microbiological processes and the products of such processes;
- schemes, rules or methods for doing business, performing purely mental acts or
playing games;
- methods for the treatment of the human or animal body by surgery or therapy,
including diagnostic methods;
- mere presentations of information;- computer programs;- works of an exclusively ornamental nature;
- literary, architectural and artistic works or any other aesthetic creation.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 37
The exclusions from patentability in Côte d'Ivoi re's legislation are in conformity with those in
paragraphs 2 and 3 of Article 27 of the TRIPS Agreement.
18. Please describe in detail the rights provided patent holders under the patent law of
Côte d'Ivoire and cite the relevant provisions of law.
Subject to the conditions and within the limits established in Annex I to the Bangui
Agreement, a patent gives its owner the exclusive right to work the patented invention and to prohibit
any other person from working it.
Working may consist of:(a) In the case of a patent for a product:
(1) Manufacturing, importing, offering for sale, selling and using the product;
(2) possessing the product for the purposes of offering it for sale, selling it or
using it;
(b) In the case of a patent for a process:
(1) using the process;
(2) engaging in the acts mentioned in subparagraph (a) in relation to a product
resulting directly from use of the process.
Article 8 of Annex I determines the limitations on the rights conferred by the patent, in
conformity with Article 30 of the TRIPS Agreement.
A patent expires at the end of the twentieth calendar year following the filing date of the
application.
19. Please describe in detail any provisions in the laws of Côte d'Ivoire permitting
unauthorized use of a patent, citing the relevant provisions of law, and describe in detail the
conditions under which such use can occur.
The rights deriving from a patent do not extend to the following:
(a) Acts in relation to subject-matter brought on to the market on the territory of a
member State by the owner of the patent or with his consent;
(b) the use of objects on board foreign aircraft, land vehicles or ships that temporarily or
accidentally enter the airspace, territory or waters of a member State;
(c) acts in relation to a patented invention that are carried out for experimental purposes
in the course of scientific and technical research;
(d) acts performed by any person who, in good faith, on the filing date or, where priority
is claimed, on the priority date of the application on the basis of which the patent is
granted on the territory of a member State, was using the invention or makingIP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 38
effective and serious preparations for such use, in so far as those acts are not different
in nature or purpose from the actual or planned earlier use.
20. What term of protection does the patent law of Côte d'Ivoire provide for patents?
Please describe any provisions for extension of the term of protection and cite the relevant
provisions of the law.
Patents are granted for 20 years and expire at the end of the twentieth calendar year following
the filing date of the application, subject to the provisions of Article 40 of Annex I.  There is no
provision allowing an extension of the term of protection.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Côte d'Ivoire, including th e term of protection, and cite the relevant
provisions of the law.
Annex IX to the Bangui Agreement contains provisions on the protection of layout-designs.
Subject-matter of protection (Article 2)
Layout-designs of integrated circuits may be protected under Annex IX to the Agreement if
they are original.
A layout-design is original if it is the result of its creator's personal intellectual effort and is
not in common use among creators of layout-designs and manufacturers of integrated circuits at the
time of its creation (Article 3).
Registration may be applied for only if the layout-design has not yet been commercially
exploited or has not been commercially exploited for more than two years anywhere in the world.
Right to protection
The right to protection of a layout-design belongs to its creator.  It may be assigned or
transferred by succession.
Where several persons have jointly created a layout-design, the right belongs to them
collectively.
Where a layout-design has been created under a works or services contract, the right to
protection belongs to the person who commissioned th e work or service or to the employer, unless
otherwise provided in the contract.
Rights conferred
The protection granted under Annex IX is independent of the fact of whether or not the
integrated circuit incorporating the protected layout-des ign is itself incorporated in an article.  Subject
to the provisions of Articles 6 and 15 of Annex IX, the following acts are unlawful when carried out
without the authorization of the holder:
(a) The act of reproducing, whether by incorporation in an integrated circuit or otherwise,
a protected layout-design in its entirety or any part thereof, except the act ofIP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 39
reproducing any part that does not fulfil the requirement of originality referred to in
Article 3;
(b) the act of importing, selling or otherwise distributing for commercial purposes a
protected layout-design, an integrated circuit in which a protected layout-design is
incorporated or an article in which such an integrated circuit is incorporated if it
continues to contain a layout-design that is unlawfully reproduced.
Term of protection
The protection afforded a layout-design under Annex IX to the Bangui Agreement shall take
effect:
- On the date of the first commercial exploitation of the layout-design, anywhere in the
world, by the holder or with his consent, on condition that an application for
protection be filed by the holder with the Ivorian Industrial Property Office or with
the African Intellectual Property Organization;  or
- on the filing date allocated to the application for registration of the layout-design filed
by the holder if the layout-design has not been the subject of prior commercial
exploitation anywhere in the world.
The protection afforded a layout-design under this Law shall cease at the end of the tenth
calendar year following the date on which it took effect.
H. P ROTECTION OF UNDISCLOSED INFORMATION
22. Please describe in detail how the laws of Côte d'Ivoire 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.
Protection of undisclosed information is provided for in Article 6 of Annex VIII to the Bangui
Agreement of 24 February 1999.
Article 6 of this Annex deals with unfair competition concerning confidential information.
Information is considered confidential when:
- In its totality or in the configuration or precise assembly of its elements, it is not
generally known to persons belonging to the circles that normally deal with that type
of information or is not readily available to them;
- it has commercial value because it is confidential;
- its lawful holder has taken reasonable precautions, in view of the circumstances, to
keep it confidential;
Any act or practice which, in the course of industrial or commercial activities, constitutes or
leads to the following shall be considered unfair competition:
- Dishonest use in trade of confidential data obtained from tests or other confidential
data the production of which requires considerable effort and which have beenIP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 40
communicated to a competent authority for the purpose of obtaining authorization to
market pharmaceutical products or chemical products for agriculture comprising new
chemical entities;
- disclosure of such data, except where necessary to protect the public or unless
measures have been taken to ensure that the data are protected against dishonest use
in trade.
The legislation does not establish a specific term for the protection of undisclosed
information.
23. Please describe in detail the manner in which protection is provided for test data
regarding pharmaceutical and agricultural chemical products submitted to the government in
order to obtain marketing approval in Côte d' Ivoire and cite the relevant provisions of law.
Paragraph (4) of Article 6 of Annex VIII to the Bangui Agreement protects undisclosed
information and data communicated to public authorities or their entities through provisions on unfaircompetition concerning confidential information.
24. Are other applicants for ma rketing approval for their own versions of 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 applicantbefore such reliance becomes possible?
See paragraph (4) of Article 6 of Annex VIII to the Bangui Agreement.
I.
ENFORCEMENT
25. Please describe in detail the manner in which the laws of Côte d'Ivoire provide for
effective action against infringement of intelle ctual property rights, as required by Article 41.1
of the TRIPS Agreement.
The overall provisions in the revised Bangui Agreement, as described on page 3 of the
Report, the provisions in the national Codes of Criminal and Civil Procedure and the draft law on
border measures, described on page 4 of the Report, show that Côte d'Ivoire now has legislation that
ensures observance of industrial property rights.
The procedures described include the following:
- Summary judgements;
- rulings following a petition;
- seizure;
- infringement seizure.
These procedures involve bailiffs, public or ministerial officials, including Customs officers,
and guarantee the reliable, fair, expeditious and effective application of measures that allow
intellectual property rights to be respected.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 41
26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party's claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Côte d'Ivoire provide this author ization, citing the relevant provisions of law or
regulation.
An Ivorian judge has the power, when passing sentence, to compel the party concerned, under
oath, to provide any evidence that may lie within his control, with full guarante es with regard to the
protection of confidential information.
This provision is contained in Articles 54 et seq . of the Code of Civil Procedure.
This possibility is also provided for at the examination stage, pursuant to Article 97 of the
Code of Criminal Procedure.  The examining judge may order the presentation of any evidence that
may be appropriate in order to reveal the truth.
27. Please describe in detail all of the civil remedies that are available to right holders under
the laws of Côte d'Ivoire, citing the relevant provisions of law and regulation.
The following are the civil penalties provided for under Ivorian legislation:
- Damages;
- seizure;
- legal disqualification from membership of professional associations.
The following are the relevant texts:- The Bangui Agreement:  all provisions on proceedings and penalties in the
10 Annexes (for example, Article 58 of  Annex I, Article 41 of Annex II);
- the Civil Code:  Articles 1382 et seq .
28. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Côte d'Ivoire, citing th e relevant provisions of law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and
remedies.
The procedures currently available to holders of intellectual property rights for the purpose of
protecting their rights are:
- Preliminary investigation:  covered by Artic le 74 of the Code of Criminal Procedure;
- information:  covered by Article 77 of the Code of Criminal Procedure;
- direct summons:  covered by Articles 377 et seq  of the Code of Criminal Procedure;
- ruling by the magistrate's court.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 42
The Bangui Agreement provides for extensive penalties.  See pages 3 and 4 of the Report.
These are defined in the "Penalties" chapter in each  of the ten (10) Annexes to the Agreement, which
cover the ten (10) forms of intellectual property protected under the Agreement.
29. Please explain whether the judicial authorit ies of Côte d'Ivoire have the authority to
order the infringer to pay the ri ght holder's expenses, including attorney's fees, as required by
Article 45 of the TRIPS Agreement.  Please cite any relevant laws, regulations or judicial
decisions.
In cases of conviction, a person infringing an intellectual property right may be ordered by the
judge to pay damages, as well as the procedural costs incurred by the right holder.  See Articles 1382
et seq  of the Civil Code.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
30. Please describe in detail the procedures under the laws of Côte d'Ivoire that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing the relevant provisions of law or regulation.
The draft law on protection of intellectual property rights at borders provides effective
measures to combat counterfeiting and piracy at borders.
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 eachform of intellectual property, citing the relevant provisions of law.
The law mentioned in the reply to question 30 also applies for the purpose of combating
infringement of any form of intellectual property right.  At the request of the owner of intellectual
property rights, the Customs authority may suspend both the import and export clearance of goods
suspected of being counterfeit.
Customs may also seize counterfeit goods ex officio.  The clearance of goods suspected of
being counterfeit is then suspended.
The owner of the right has ten working days in  which to bring legal proceedings, following
which, if the court does not take provisional measures to extend suspension of Customs clearance
within two days, the goods concerned are released.
If the court's decision confirms that the goods concerned are counterfeit and orders that they
be confiscated, Customs then proceeds to destroys them, under official control.
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
Côte d'Ivoire are empowered to act ex officio  and, if so, please identify the intellectual property
areas subject to ex officio  action.
The Customs authority is the competent authority for ex officio action in cases of
infringement of intellectual property rights.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 43
K. C RIMINAL PROCEDURES
33. Please describe in detail how the laws of Côte d'Ivoire 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 wilfultrademark counterfeiting and copyright infringement on a commercial scale.  Please cite the
relevant provisions of law and regulation.
Ivorian legislation provides for a range of penalties for combating infringement of intellectual
property rights.  These are described on pages 3 and 4 of the Report.  They are contained in the
Articles on penalties in the ten (10) Annexes and they vary according to the form of intellectual
property.  Articles 37 et seq  of Annex III and Articles 61 et seq  of the Annex specify the penalties
applicable in cases of counterfeiting and piracy.
34. Article 61 also requires that remedies in appr opriate 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
Côte d'Ivoire that provide for such remedies and describe the circumstances in which thoseremedies would be imposed, citing the re levant provisions of law or regulation.
There are legal provisions on dealing with counterfeit goods.  For example, the court may
order the following:
- Forfeiture of the counterfeit goods;
- seizure of the counterfeit goods;
- destruction of the goods;
- destruction of the tools and implements used to commit the offence.
35. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Côte d'Ivoire that provide for such remedies, citing the relevant
provisions of law or regulation.
The information furnished in the replies to questions 33 and 34 covers this question.
V. RESPONSE TO THE QUESTION POSED BY JAPAN
A. 
COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions in  relation to National Treatment and Most-
Favoured-Nation Treatment under the Copyrigh t and Neighbouring Rights Law, if any, as
permitted in Articles 3 and 4 of the TRIPS Agreement.
With regard to the TRIPS Agreement, the adaptations applied by Côte d'Ivoire's copyright and
neighbouring rights legislation through Law No. 96.564 of 25 July 1996 concern the following items:
- Protection of computer programs;
- protection of databases;IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 44
- rental rights.
The harmonized version of the Law following the inclusion of these items has not yet been
adopted by parliament on account of the political disturbances that have affected our country.
With regard to the exceptions or exemptions in relation to national treatment and most-
favoured-nation treatment mentioned in Articles 3 and 4 of the TRIPS Agreement, they are not the
subject of specific provisions in Côte d'Ivoire's legislation on copyright and neighbouring rights.
Consequently, in this field the relevant provis ions of the Berne Convention and the Marrakesh
Agreement continue to apply (Côte d'Ivoire is not a signatory to the Rome Convention).
VI. RESPONSES TO QUESTIONS POSED BY SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
Geographical indications are protected under Annex VI of the Bangui Agreement of
24 February 1999.
Conditions of protection
Geographical indications are protected if they have been registered by the African Intellectual
Property Organization (AIPO) or are to be treated  as having been registered by virtue of an
international convention to which the member States are party.
Geographical indications foreign to the territories of the Organization's member States may be
registered by AIPO only where this is provided for in an international convention to which the
member States are party or in the enforcing legislation.
The following geographical indications are excluded from protection:- Indications which do not correspond to the definition contained in the Bangui
Agreement;
- indications which are contrary to morality or public order or those which are liable to
deceive the public as to the nature, the source, the manufacturing process, the
characteristic qualities or the suitability for their purpose of the goods concerned;
- indications which are not protected in their country of origin or have ceased to be
protected or have fallen into disuse in that country.
Registration procedure
Natural or legal persons carrying out an activity as a producer in the geographical area
specified in the application, with respect to the products specified in the application, as well as groups
of such persons, groups of consumers and any competent authority are entitled to file an application
for registration of a geographical indication.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 45
AIPO examines all applications for registration of a geographical indication to determine
whether the applicant is eligible to request registration and whether the application provides all the
necessary information, including information on exclusions from protection.  It registers the
application if no irregularities are found, publishes the registration and furnishes the owner with aregistration certificate.
Only producers carrying out their activity in the geographical area specified in the Register
shall have the right to use for commercial purposes a registered geographical indication with respect
to the products specified in the Register, provided that such products possess the essential
characteristic qualities specified in the Register.
Nevertheless, where products have been put into circulation under the conditions defined in
the preceding paragraph under a registered geographical indication, any person shall have the right to
use the geographical indication for those products.
Unless the above-mentioned conditions are met, it shall be unlawful to use, for commercial
purposes, a registered geographical indication or a similar designation with respect to the products
specified in the Register or similar products, even if the true origin of the product is indicated or if the
geographical indication is in the form of a translation or is accompanied by words such as "kind",
"type", "make", "imitation" or the like.
Follow-up question:
Please explain in detail how your country protects foreign geographical indications.
Must they be registered in order to be protected?
Geographical indications are protected under Annex VI of the Bangui Agreement of
24 February 1999.
Conditions of protection
Geographical indications are protected if they have been registered by the African Intellectual
Property Organization (AIPO) or are to be treated  as having been registered by virtue of an
international convention to which the member States are party.
Geographical indications foreign to the territories of the Organization's member States may be
registered by AIPO only where this is provided for in an international convention to which the
member States are party or in the enforcing legislation.
The following geographical indications are excluded from protection:- Indications which do not correspond to the definition contained in the Bangui
Agreement;
- indications which are contrary to morality or public order or those which are liable to
deceive the public as to the nature, the source, the manufacturing process, the
characteristic qualities or the suitability for their purpose of the goods concerned;
- indications which are not protected in their country of origin or have ceased to be
protected or have fallen into disuse in that country.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 46
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there
any exceptions?  If so, please explain in detail what kind of exceptions exist and how they
comply with Article 27 of the TRIPS Agreement.
Ivorian legislation does not grant patent protection to all categories of products.  Article 6 of
the Bangui Agreement lists the following exceptions:
- Inventions the exploitation of which is contrary to public order or morality, it being
understood that the exploitation of the invention is not considered contrary to public
order or morality merely because it is prohibited by a law or regulation;
- discoveries, scientific and mathematical methods;- inventions having as their subject-matter plant varieties, animal species, essentially
biological processes for the breeding of pl ants or animals, other than microbiological
processes and the products of such processes;
- schemes, rules or methods for doing business, performing purely mental acts or
playing games;
- methods for treatment of the human or animal body by surgery or therapy, as well as
diagnostic methods;
- mere presentations of information;
- computer programs;
- works of an exclusively ornamental nature;- literary, architectural and artistic works or any other aesthetic creation.
The above exceptions to patentability established in our law are consistent with those
established in Article 27.2 and 27.3 of the TRIPS Agreement.
Follow-up question:
In your reply you state that patent protection  is not extended to plant varieties.  Please
describe and explain the system you have provided for protecting them.
Plant varieties are excluded from patent protection.  They are protected by a new plant variety
certificate issued by the African Intellectual Property Organization (AIPO).  Annex X to the Bangui
Agreement of 24 February 1999 lays down the conditions for the protection of plant varieties.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?
Article 7.3 of Annex I to the Bangui Agreement establishes that working a patent can consist
simply of importing the patented product into the country.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 47
The provision precludes the possibility of imposing compulsory licences on owners who do
not work their patents, but who would be considered to do so through imports of patented products.
4. Does your legislation make the granting of  a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant
provisions of law.
Ivorian legislation makes the granting of compulsory licences subject to the conditions
established in Article 31 of the TRIPS Agreement.  The following conditions apply to the granting of
compulsory licences:
(a) Non-voluntary licences for non-working of a patent
Upon expiry of a period of four years from the filing date of the patent application or three
years from the date of issue of the patent, whichever period expires last, a non-voluntary licence may
be granted where one or more of the following conditions are fulfilled:
- The patented invention is not being worked on the territory of a member State at the
time the request is made;
- the working of the patented invention on such territory does not meet the demand for
the protected product on reasonable terms;
- on account of the refusal of the owner of the patent to grant licences on reasonable
commercial terms and conditions, the establishment or development of industrial or
commercial activities on such territory is unfairly and substantially prejudiced.However, a non-voluntary licence may not be granted if the owner of the patent
provides legitimate reasons for the non-working of the invention.
(b) Non-voluntary licence for a dependent patent
Where a dependant patent cannot be worked without infringing the rights under an earlier
patent the owner of which refuses to authorize its use on reasonable commercial terms and conditions,the owner of the later patent may obtain a non-vo luntary licence for such use from the court on the
same terms as those listed above and on the following additional conditions:
- The invention claimed in the later patent must represent substantial technical
progress, of considerable economic interest, in relation to the invention claimed in theearlier patent;
- the owner of the earlier patent has the right to a reciprocal licence on reasonable
terms for the use of the invention claimed in the later patent;
The use authorized in relation to the earlier pa tent shall be untransferable except where the
later patent is also transferred.
5. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please cite the relevant provisions of law.
Article 66 of Annex I to the Bangui Agreement deals with the reversal of burden of proof in
process patent litigation.  This Article stipulates that if the subject-matter of the patent is a process for
making a product, the judicial authority shall be authorized to order the defendant to prove that theIP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 48
process used to make an identical product is different from the patented process in one of the
following situations:
- The product made by the process is new;- there is a strong possibility of the identical product having been made by means of the
process and of the owner of the patent having been unable, in spite of reasonable
effort, to establish what process was actually used.
C. P
ROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorisation of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring  to, the original data of the first applicant
when applying subsequently for market authorization for his own product.  Does yourlegislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
Protection of undisclosed information is provided for in Article 6 of Annex VIII to the Bangui
Agreement of 24 February 1999, which deals with unfair use of confidential information.
Information is considered confidential when:
- In its totality or in the configuration or exact assembly of its elements, it is not
generally known to persons belonging to the circles that normally deal with that type
of information or is not readily available to them;
- it has commercial value because it is confidential;- its lawful holder has taken reasonable precautions, in view of the circumstances, to
keep it confidential;
Any act or practice which, in the course of industrial or commercial activities, constitutes or
leads to the following shall be considered unfair competition:
- Dishonest use in commerce of confidential data obtained from tests or other
confidential data the production of which requires considerable effort and which have
been communicated to a competent auth ority for the purpose of obtaining
authorization to market pharmaceutical products or chemical products for agriculture
comprising new chemical entities, or disclosure of such data, except where necessary
to protect the public or unless measures have been taken to ensure that the data areprotected against dishonest use in commerce, shall be considered an act of unfair
competition.
The legislation does not establish a specific term for the protection of undisclosed
information.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 49
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation which constitute effective
deterrents to infringements of intellectual property rights.
The revised Bangui Agreement of 24 February 1999 contains provisions relating to the
enforcement obligations established in Articles 41 to 61 of the TRIPS Agreement.  These aspects have
been addressed in the Report on progress in implementing the TRIPS Agreement annexed hereto.
The draft legislation mentioned in paragraphs 1.B.2(a) and 1.B.2(b) of the Report reinforces the
provisions of the Bangui Agreement.  For example, Section III of the draft law on procedures and
penalties with respect to the protection of intellectual works makes the following provisions:
Confiscation of infringing works (Article 90)
At the request of right holders or their successors in title or agents, goods in infringement of
rights can be seized.  This measure is subject to legal recourse to have them released (Articles 91 and
92).
Descriptive seizure (Article 93)
On the petition of the above-mentioned parties, one or more court-appointed experts may
proceed to take an inventory of the objects alleged to be counterfeit or to describe the particulars ofthe infringement and the materials used to commit it.
Suspension of release by Customs (Article 94)
Without prejudice to the pertinent provisions of the Customs Code, when a right holder has
prima facie  evidence for suspecting the imminent import or export of goods the circulation of which
is unlawful, he may submit a written request to the Customs authorities to suspend their release.
Enforcement
The law defines infractions and establishes penalties. It describes the offence of counterfeiting
(Article 96), the infraction of fraudulent affixa tion or suppression of a mark (Article 96), the
infraction of abuse of technical facilities (Article 97), etc. and establishes the penalties to which
offenders are liable.
Technical measures
Provisions on technical devices to prevent piracy (Article 76) have been added to the
provisions governing the use of apparatus not equipped with copy-protected devices and of devices to
render inoperative any means of copy protection or regulation (Article 175).
Follow-up question:
Please explain how your legislation implements the obligations under Article 50 of the
TRIPS Agreement.
The infringement seizure regime established under the Bangui Agreement allows the judge to
order the seizure of allegedly infringing goods at any location, including the border.
Before seizure is effected, the judge may require the petitioner to furnish security.IP/Q/CIV/1, IP/Q2/CIV/1,
IP/Q3/CIV/1, IP/Q4/CIV/1
Page 50
The person in possession of the goods seized is given a copy of the order and of the document
attesting the deposit of security, on pain of invalidity and damages against the bailiff, the public
official or the Customs officer, as the case may be.
The complainant has ten (10) days to take substantive action;  if no such action is taken by the
end of that ten-day period, the seizure becomes void and the defendant may claim damages.
The draft law on the protection of intellectual property rights at borders not only authorizes
the detention in Customs of any allegedly infringi ng goods (Article 7), but also authorizes the
complainant to inspect goods the clearance of whic h has been suspended (Article 14), requires the
complainant to provide tangible evidence of the rights he is asserting and the claims he is making
(Article 8), authorizes the Customs service to seize goods ex officio  in order to prevent any infringing
goods that have been detected from reaching the market (Article 19), provides for the payment of
damages to the defendant and the right to be heard at review proceedings if a substantive decision is
handed down (Article 13(b)) and provides for all pr ovisional measures to be suspended at the request
of the defendant if the petitioner fails to take substantive action within ten (10) days (Article 13(a)).
8. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
New measures to improve enforcement of intellectual property rights are contained in the
draft legislation on border measures and the protection of works of authorship.  They are presented in
paragraphs 1.B.2(a) and 1.B.2(b) of the annexed Report.
__________