RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/231
15 June 2001
(01-2973)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
Responses by Paraguay to Questions Posed by Canada, the European Communities
and their Member States, the United States, Japan and Switzerland
By means of communications from the Permanent Mission of Paraguay, dated
24 November 2000, the Secretariat has received the following responses to questions posed by
Canada, the European Communities and their member States, the United States, Japan and
Switzerland.
_______________
CANADA
1. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61 of the TRIPS Agreement?
Copyright
The owners of any of the rights recognized by the Law, or their representatives or the
collective management bodies concerned, may, without prejudice to such other actions as may be
available to them, seek the cessation of the unlawful activity of an infringer and demand
compensation for the material and moral damage caused by the infringement, or the surrender of the
profits made by the infringer through the unlawful act, and the payment of procedural costs.
Articles 166 to 170 of Chapter II of Law 1328/98 establish criminal sanctions in the form of
terms of imprisonment ranging from six months to three years or fines, depending on the seriousness
of the offence.
Likewise, compensation for material damage and prejudice includes not only the amount that
should have been received by the owner of the right but also a minimum surcharge corresponding to
100 per cent of the said amount, except where the aggrieved party proves the existence of a greater
prejudice, due account being taken of the income generated by the infringer through the commission
of the unlawful act.
Law 1328/98 also establishes as available remedies the confiscation and destruction of the
infringing goods and of all materials and accessories used predominantly for committing the
infringement (see Articles 159 and 160).IP/C/W/231
Page 2
Trademarks
Article 85 of Law 1294/98 on Marks stipulates that:
"The final judgement in the case of infringement may order that the following measures be
taken:
(a) Cessation of acts constituting the infringement;(b) … as well as compensation for damages;(c) the attachment or confiscation of the infringing products … ;(d) … the destruction of the products, materials or devices used for this purpose and a
minimum fine of 500 to 2,000 days' wages to be paid to the Industrial Property
Directorate"
According to Article 89:
"The following shall be liable to an obligatory term of one to three years in a penitentiary and
a minimum fine of 1,000  to 3,000 days' wages:
(a) Persons who falsify or adulterate a registered mark;
(b) persons who fraudulently imitate a registered mark;(c) persons who knowingly stock, put on sale, sell or offer for sale or distribute products
or services bearing a mark that is falsified, fraudulently imitated or unlawfully
affixed;
(d) persons who, with fraudulent intent, affix or cause to be affixed on a product or
service a declaration or any false designation regarding the nature, quality, quantity,
number, weight or measure, the manufacturer's name, the place or country in which
the product or service has been manufactured or supplied;  and
(e) persons who knowingly put on sale, sell or offer for sale products of services bearing
any of the false declarations mentioned in the preceding subparagraph."
Article 96(b) states that the court may or der precautionary measures consisting of:
"… attachment or confiscation of the products, wrappings, labels and other materials which
bear the infringing sign and the equipment and other devices used to commit the offence.  In criminal
courts, these shall be destroyed if an expert taking part in the judicial proceedings to which the
preventive measure relates confirms that they are infringing objects, without it being necessary to
await the final judgement."
2. What protection does your copyright legislation afford to "foreign works"?
The protection granted to foreign works is the same as that granted to national works and
follows from Article 3 of Law 1328/98 which is consistent with Articles 1 and 5 of the Berne
Convention and the principle of national treatment established in the TRIPS Agreement.  The
aforementioned Article 3 states that "copyright protection shall cover all intellectual works of creative
character in the literary or artistic field, regardless of their type, form of expression, merit or purpose,IP/C/W/231
Page 3
the nationality or residence of the author or owner of the rights concerned and the place of publication
of the work."
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
The Law on Patents provides for the granting of compulsory licences in public health
emergencies and for purposes of defence, national security, and the socio economic and technological
development of certain strategic sectors, as well as where exceptional circumstances might adversely
affect the national interest, in accordance with Article 8 of the TRIPS Agreement.
With regard to products of plant origin, Article 1 of Law No. 385/94 on Seeds and the
Protection of Cultivars and its Regulatory Decree No. 7797 of 7 March 2000 take into account the
provisions of Article 8 of the TRIPS Agreement.
The purpose of this Law is to promote efficient cultivar breeding and seed production,
distribution, marketing and quality control, assure farmers and users in general of the identity and
quality of the seed they buy and protect the rights of breeders of new cultivars, in accordance with the
intraregional agreements signed or to be signed and the international regulations concerning seeds.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971)).
Paraguay's Law on Copyright and Related Rights incorporates Article 9 of the TRIPS
Agreement:
Article 2.  For the purposes of this Law, the following expressions and their various derived
forms shall have the meanings specified:
6. "Successor in title", the person, whether a natural person or legal entity, to whom
rights recognized by this Law are transferred, whether on death or by virtue of an
inter vivos  transaction or legal mandate;
27. "Pseudonymous works", a work in which the author uses a pseudonym that does not
identify him as a natural person.  A work in which the name used leaves the civilidentity of the author in no doubt is not considered a pseudonymous work;
34. "Publication", the production of copies made accessible to the public with the consent
of the owner of the corresponding rights provided that the availability of such copies
allows the reasonable needs of the public to be met, due regard being had to the natureof the work;IP/C/W/231
Page 4
Article 3.  Copyright protection shall cover all intellectual works of creative character in the
literary of artistic field, regardless of their type, form of expression, merit or purpose, the nationality
or residence of the author or owner of the rights  concerned and the place of publication of the work.
The rights recognized by this Law shall be independent of the ownership of the material
object in which the work is embodied and of the method of initial or subsequent fixation, and their
enjoyment or exercise shall not be made subject to the requirement of registration or compliance with
any other formality.
The works protected under this Law may likewise qualify for other intellectual property
protection regimes, such as patents, trademarks,  privileged information on industrial processes or any
other comparable system, provided that the works or elements in question qualify for such protectionunder the regimes concerned.
Article 4.  The works to which the foregoing Article refers include the following, in
particular:
6. Audio-visual works, including cinematographic works, made and expressed by any
means or process;
8. works of three-dimensional art, including drawings, paintings, sculptures, engravings
and lithographs;
9. architectural plans and works;12. illustrations, maps, sketches, plans diagrams and three-dimensional works relating to
geography, topography, architecture or science;
14. collections of works such as encyclopaedias and anthologies of works or other
elements, such as databases, provided that  such collections show originality in the
selection, coordination, or arrangement of their contents.
Article 5.  Without prejudice to the rights subsisting in the original work and the appropriate
authorization, translations, adaptations, transformations or arrangements of existing works shalllikewise be eligible for protection.
Article 8.  The following shall not qualify for copyright protection:- The ideas contained in literary or artistic works, processes, operating methods or
mathematical concepts per se , or the ideological or technical content of scientific
works, or their industrial or commercial exploitation;
- official texts of legislative, administrative or judicial character, or translations thereof,
without prejudice to the obligation to respect the text and mention the source;
- news of the day;  and- mere facts or data.
Article 16.  The copyright in translations and other works mentioned in Article 5 may subsist
even where the original works were in the public domain, but shall not generate any exclusive rights
in the said original creations, so that the author of the derived work may not object to othersIP/C/W/231
Page 5
translating, adapting or altering the said works or including them in the collection, provided that the
work is original and different from his own.
Article 17.  The moral rights recognized by this Law are perpetual, inalienable, unattachable,
unrenounceable and imprescriptible.
Article 18.  The following are moral rights:- The right of disclosure;- the right of authorship;
- the right of integrity;
- the right to withdraw the work from the market.Article 20.  By virtue of the right of authorship the author has the right to be recognized as
such, by deciding that the work shall carry the appropriate particulars, and to determine whether
disclosure is to take place under his name, under a pseudonym or sign or anonymously.
Article 23.  The exercise of the rights of authorship and integrity in works that have passed
into the public domain shall accrue without distinction to the heirs, to the National Directorate ofCopyright, to the relevant collective management  body and to any person who proves a legitimate
interest in the work concerned.
Article 24.  The author shall enjoy the exclusive right to exploit his work in any form or by
any process and profit thereby, save in the case of express legal exceptions.
Throughout the life of the author, three quarters of the remuneration that exploitation of the
work may generate shall be unattachable.
Article 25.  Economic rights shall in particular include the exclusive right to do, authorize or
prohibit the following:
- Reproduction of the work by any means or process;
- communication of the work to the public by any means;- distribution of copies of the work to the public;- importation of copies of the work into the national territory;- translation, adaptation, arrangement or any other transformation of the work;  and
- any other form of use of the work that is not provided for in the Law as an exception
to the economic rights, the foregoing list being merely declaratory and not
exhaustive.
Article 38.  The intellectual works protected by this Law may be lawfully communicated in
the following cases without the need for the permissi on of the author or payment of any remuneration:
Where it is done in an exclusively domestic environment, provided that there is no direct or
indirect profit-making purpose;IP/C/W/231
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where it is done in the public interest in the course of official events or religious ceremonies,
involving short musical passages or small parts of musical works, provided that the public
may attend the events free of charge;
in the case of single personal copies that are used solely for teaching purposes by teaching
staff at educational establishments;
where it is done in commercial establishments for the sole purpose of demonstrating receivers
or players or other similar apparatus to customers, or for the sale of the sound or audiovisual
materials incorporating the works;
where it is essential to the provision of judicial or administrative evidence.
Article 39.  The following is permitted without authorization by the author or payment of
remuneration in relation to works already disclosed:
Reproduction by reprographic means, for the purposes of teaching or the holding of
examinations at educational establishments, provided that there is no gainful intent and only
to the extent justified by the objective pursued, of articles or short extracts from lawfully
published works, on condition that the use is in keeping with proper practice;
the reproduction of a single copy of a work by non-profit-making public libraries or archives,
where the copy is in the permanent collection, in order to preserve that copy and replace it inthe event of its being lost, destroyed or rendered unusable, or to replace the copy in the
permanent collection of another library or archive that has been lost, destroyed or rendered
unusable, provided that it is not possible to acquire such a copy in a reasonable time and on
acceptable terms;
the reproduction of a work for judicial or administrative proceedings, to the extent justified
the aim pursued;
the reproduction of a work of art on permanent display in streets, squares or other public
places, or on the outer walls of buildings, where the artistic medium used is different from
that used for the making of the original, provided that the name of the author and the title of
the work, if known, and the place in which it is located are mentioned;
the lending to the public of the lawful copy of a work expressed in writing by a library or
archive that does not pursue any director indirect profit-making purpose;
the reproduction of works in Braille or another specific form for the exclusive use of the
visually handicapped, provided that the reproduction is not done with gainful intent and the
copies are not used for profit-making purposes;
where the work is used as a sign, emblem or distinctive mark of a political party or non-
profit-making civil association or entity.
The reproduction provided for in this Article shall be allowed insofar as it does not interfere
with the normal exploitation of the work or unreasonably prejudice the legitimate interests of the
author.
Article 40.  It shall be permissible, without the authorization of the author or payment of
remuneration, to make quotations from lawfully disclosed works, subject to the obligation to mentionIP/C/W/231
Page 7
the name of the author and the source, and on condition that the quotations are made in accordance
with proper practice and to the extent justified by the aim pursued.
Article 41.  It shall likewise be lawful to do th e following without authorization or payment of
remuneration, provided that the name of the author and the source are mentioned and that
reproduction or disclosure has not been the subject of an express reservation:
Reproduction and distribution in the press, or transmission in any medium, of topical articles
on economic, social, artistic, political or religious issues that are published in mass
communication media or disclosed by broad casting, without prejudice to the author's
exclusive right to publish them separately, either singly or in a collection;
the dissemination, in connection with news reporting on current events in sound or
audiovisual media, of the images or sounds of works seen or heard in the course of the said
events, to the extent justified by the informatory purpose;
the dissemination in the press or transmission in any medium, as news of current events, of
speeches, dissertations, addresses, sermons and other works of similar character given in
public, and also speeches delivered in the course of judicial proceedings, to the extent
justified by the informatory purposes pursued and without prejudice to the rights that the
authors retain in the works disseminated with respect to their publication either singly or in acollection;
the transmission by broadcasting or cable di stribution or any other known or as yet unknown
medium of the image of an architectural work, a work of fine art, a photograph or a work of
applied art located permanently in a place open to the public.
Article 42.  Any broadcasting organization ma y, without the permission of the author or
payment of any special remuneration, make ephemeral recordings, using its own facilities and for a
single use in its own broadcasts, of a work in which it has broadcasting rights.  The recording shall be
destroyed within three months except where a longer  period has been agreed upon with the author.  It
may however be preserved in official archives, also without the permission of the author, where it
possesses exceptional documentary character.
Article 43.  It shall be lawful, without the pe rmission of the author or payment of special
remuneration, for a broadcasting organization publicly to retransmit or distribute by cable a work
originally broadcast by it with the author's cons ent, provided that such public retransmission or
distribution takes place at the same time as the original broadcast and the work is broadcast or
distributed to the public without alteration.
Article 44.  The exclusively personal copying of works published in graphic form or in the
form of sound or audiovisual recordings shall be lawful where the compensatory remunerationreferred to in Chapter IV of Title IV of this Law has been paid.  The reproductions allowed under this
Article shall not however extend to the following:
Reproduction of a work of architecture in the form of a building or other construction;
reproduction of the whole of a book or musical work in graphic form, or of the original or a
copy of a work of fine art executed and signed by the author;
a database or compilation of data.IP/C/W/231
Page 8
Article 45.  The exceptions provided for in the foregoing Articles shall be restrictively
interpreted, and may not apply to cases that are contrary to proper practice.
Article 46.  The limitations on the rights of exploitation with respect to computer programs
shall be solely those provided for in Chapter II of Title VII of this Law.
Article 47.  Economic rights shall subsist throughout the life of the author and for 70 years
thereafter, and shall be transferred on his death in accordance with the provisions of the Civil Code
[Código Civil ].
In the case of works of joint authorship, the term of protection shall be counted as from the
death of the last surviving co-author.
Article 48.  In the case of anonymous and pseudonymous works, the term shall be 70 years
following the year of disclosure except where, before that period expires, the author reveals his
identity, in which case the provisions of the foregoing Article shall apply.
Article 49.  In the case of collective works, computer programs and audiovisual and broadcast
works, economic rights shall lapse after 70 years following first publication or, failing that,
completion. That limitation shall not effect the economic rights of each of the co-authors of
audiovisual and broadcast works in their personal contributions for the purposes of the second
paragraph of Article 12, or the enjoyment and exercise of the moral rights in those contributions.
Article 50.  The periods provided for in this Chapter shall be calculated from the first of
January of the year following that of the death of the author, or where appropriate that of the
disclosure, publication or completion of the work.
Article 77.  In the event of resale of works of three-dimensional art by public auction or
through a professional art dealer, the author, and on his death his heirs or legatees, shall enjoy theinalienable and unrenounceable right to collect 5% (five per cent) of the resale price from the vendor
throughout the term referred to in Article 47.
The auctioneers or owners of trading establishments that have taken part in the resale shall
make it known within a period of  two months to the corresponding management body and to the
author or his successors in title, as the case may be, and shall supply the necessary documentation forthe making of the appropriate settlement.  When they are acting on behalf or on the instructions of the
vendor, they shall likewise be jointly liable with the vendor for payment of the royalty, to which end
they shall withhold the appropriate amount from th e price. In any event they shall be considered
depositaries of the amount of the said participation.
Actions claiming the amount arising from the resale shall be barred after one year from the
notification thereof. On expiry of that period without the amount of the participation having been
claimed, it shall be credited to the National Directorate of Copyright for the culture development fund.
Article 159.  Cessation of the unlawful activity may include the following:
- Suspension of the infringing activities;- prohibition of the infringer from resuming that activity;- withdrawal from the market and de struction of the unlawful copies;IP/C/W/231
Page 9
- the disablement of moulds, plates, matrices, negatives and other material intended
exclusively for the reproduction of unlawful copies and, where necessary the
destruction of such material;  and
- the removal of the equipment used for the authorized communication to the public.Article 181.  The rights in the works and other productions protected by virtue of earlier laws
shall benefit from the longer terms of protection recognized by this Law.
Works and other productions that have passed into the public domain on expiry of the term
provided for in the legislation repealed by this La w shall return to the private domain until such time
as the term provided for in this Law expires, without prejudice to rights acquired by third parties priorto the entry into force thereof.
Article 182.  Works, performances, phonographic productions or radio broadcasts that were
not protected under the law now repealed but are protected by this Law shall automatically benefit
from the protection of the latter, without prejudice to ri ghts acquired by third parties prior to the entry
into force thereof, provided that new uses may not  be initiated as from the said entry into force.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Article 2.  For the purposes of this Law, the following expressions and their various derived
forms shall have the meaning specified:
"Computer program (software)", the expression of a set of instructions in the form of words,
codes or plans or in any other form, which, on being incorporated in an automated readingdevice, is capable of making a computer carry out a task or produce a result.  A computer
program also includes the technical documentation and users' manuals;
Article 4.  The works to which the foregoing Arti cle refers include the following in particular:
1. Works expressed in the written form of books, magazines, pamphlets or other
writings, and any other works expressed by conventional letters, signs or marks;
2. oral works such as lectures, addresses and sermons;  explanations used in teaching
and other works of a similar nature;
3. musical compositions with or without words;
4. dramatic and dramatico-musical works;
5. choreographic and mimed works;6. audiovisual works, including cinematographic works, made and expressed by any
means or process;
7. broadcast works;
8. works of three-dimensional art, including drawings, paintings, sculptures, engravings
and lithographs;
9. architectural plans and works;IP/C/W/231
Page 10
10. photographic works and works expressed by a process analogous to photography;
11. works of applied art;
12. illustrations, maps, sketches, plans, diagrams and three-dimensional works relating to
geography, topography, architecture or science;
13. computer programs;14. collections of works such as encyclopedias and anthologies of works or other
elements, such as databases, provided that  such collections show originality in the
selection, coordination or arrangement of their contents;
15. in general, any other intellectual production in the literary, artistic or scientific field
that possesses the characteristics of originality and is capable of being disclosed or
reproduced by any known or as yet unknown means or process.
The foregoing enumeration is merely declaratory and not exhaustive.Article 67.  Computer programs shall be protected on the same terms as literary works.  That
protection shall extend to all their forms of expression, and to both operating programs and
application programs, whether in source code or in object code form.
The protection provided for in this Law shall extend to any successive versions of the
program, and also to derived programs.
Article 68.  The producer of the computer program is the person, whether natural person or
legal entity, who takes the initiative and responsib ility for the work. It shall be presumed, in the
absence of evidence to the contrary, that the natural person or legal entity named as such in the usual
way on the work is the producer of the program.
Article 69.  It shall be presumed, unless otherwise agreed, that the authors of the computer
program have assigned the economic rights recognized by this Law, without limitation and
exclusively, to the producer, that he is moreover in vested with the ownership of the rights referred to
in Article 22, and by implication with authority to decide on the disclosure of the program and to
exercise the moral rights in the work.
Unless otherwise agreed, the authors may not object to the producer making or authorizing
alterations to or successive versions of the program, or programs derived from it.
Article 70.  For the purposes of this Law the storage of a computer program in the internal
memory of the apparatus by the lawful user for his exclusive personal use does not constitute
unlawful reproduction.
The above lawful use shall not extend to the exploitation of the program by two or more
persons through the installation of networks or workstations or another comparable process, except
where the express consent of the owner of the rights is obtained.
Article 71.  The lawful user of a computer program may make an adaptation of that program
where essential for it to be used in a particular computer and consistent with the licence granted to the
lawful user;  the adaptation shall be intended solely as a back-up copy to replace the lawfully acquired
copy where it cannot be used owing to damage or loss.IP/C/W/231
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Reproduction of a computer program, including for personal use, shall require authorization
by the owner of the rights, with the exception of the back-up copy.
Article 72.  The adaptation of a program by the lawful user, including the correction of errors,
shall not constitute transformation for the purposes of Article 31 insofar as it is intended exclusively
for personal use, except where there has been an express prohibition by the owner of the rights.
The production of copies of the program so adapted for use by two or more persons or for
distribution to the public shall require express authorization by the owner of the rights.
Article 73.  None of the provisions of this Chapter may be so interpreted as to allow its
application to prejudice unreasonably the legitimate interests of the owner of the rights or to be
contrary to the normal exploitation of the computer program.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Article 24.  The author shall enjoy the exclusive right to exploit his work in any form or by
any process and to profit thereby, save in the case of express legal exceptions.
Throughout the life of the author, three quarters of the remuneration that exploitation of the
work may generate shall be unattachable.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
Article 122.  Performers shall enjoy the moral right:
To the recognition of their names in relation to their performances;
to oppose any distortion, mutilation or any other act in relation to their performances that is
detrimental to their prestige or reputation.
Article 123.  Performers or their successors in title shall have the exclusive right to do,
authorize or prohibit the following:
Communication of their performances to the public, except where a performance used in that
communication:
- constitutes a broadcast work in itself;
- has been fixed on a phonogram of videogram that has itself been made public;
fixation and reproduction of their performances by any means or process;  andreproduction of an authorized fixation where it is done for purposes different from those for
which the authorization was given.
Notwithstanding the provisions of this Article, performers may not object to the
communication of their performances to the public where it is done from a fixation made with their
prior consent and published for commercial purposes.IP/C/W/231
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Article 124.  Performers likewise have the right to equitable remuneration for the
communication to the public of the phonograms publishe d for commercial purposes that contain their
performances, which remuneration shall be shared equally with the phonogram producer, except
where the said communication is included among the exceptions provided for in Article 38 of this
Law.
Article 125.  Orchestras, vocal ensembles and other groups of performers shall designate a
representative for the exercise of the rights recognized by this Law. In the absence of such
designation, the representation shall be exercised by the directors of the said groups.
The representative shall have the right to entrust the relevant parts of his mandate to a
collective management body.
Article 126.  The term of the rights recognized in this Chapter shall be 50 years, calculated
from the year following that of the fixation of the performance.
In the case of orchestras and choral and other groups, the term shall be 50 years, counted from
the first of January of the year following that of the fixation of the performance.
Article 127.  Phonogram producers shall have the exclusive right to do, authorize or prohibit
the following:
Direct or indirect reproduction of their phonograms;distribution to the public, including exportation, rental, public lending and any other transfer
of possession for a consideration of copies of their phonograms;
importation of copies where they have not been authorized for the territory that they are to
enter;
digital communication by optic fiber, radio wave, satellite or any other system that has been
or may yet be created where such communication is equivalent to an act of distribution, in
that it enables the user to select the work and production by digital means;
inclusion of their phonograms in audiovisual works;
modification of their phonograms by technical means.
The rights recognized in subparagraphs 1, 2, 3 and 4 shall extend to the person, whether
natural person or legal entity, who exploits the phonogram by virtue of an exclusive assignment or
licence.
Article 128.  The producers of phonograms shall likewise have the right to receive
remuneration for the communication of the phonogram to the public by any means or process, except
in the case of the lawful uses referred to in Article 38 of this Law, which remuneration shall be shared
equally with the performers.
Article 129.  In the event of infringement of the rights recognized in this Chapter, the right to
bring legal action shall belong to the original owne r of the rights in the phonogram, to the person who
proves the exclusive assignment or licensing to him of the rights in question or to the collective
management body that represents them.IP/C/W/231
Page 13
Article 130.  The protection granted to the phonogram producer shall be for 50 years, counted
from the first of January of the year following that of the first publication of the phonogram.
On expiry of the term of protection, the phonogram shall pass into the public domain as
provided in Title VI of this Law.
Article 131.  Broadcasting organizations shall have the exclusive right to do, authorize or
prohibit the following:
Retransmission of their broadcasts by any known or as yet unknown means or process;
recording on any sound or audiovisual medium of their broadcasts, including that of any
isolated image included in the broadcast or transmission; reproduction of their broadcasts.
Broadcasting organizations shall likewise have the right to receive equitable remuneration for
the communication to the public of their broadcasts or transmissions where it is done in places to
which that public has access against payment of an admission charge or entrance fee.
Article 132.  For the purposes of the enjoyment and exercise of the rights provided for in this
Chapter, equivalent protection shall be accorded, as appropriate, to broadcasting stations that transmit
programs to the public by wire, cable, optic fiber or other comparable process.
Article 133.  The protection provided for in this Chapter shall be for 50 years, counted from
the first of January of the year following that of the broadcast or transmission.
6. Please explain how the limitations, foreseen by Title V of the Law, preserve the
legitimate interests of the right holder.
Article 147.  The National Directorate of Copyright shall have the following powers:
1. To direct, coordinate and supervise the implementation of the laws of the Republic
and the international treaties and conventions to which it is party in the field of
copyright and other rights recognized by this Law, and to ensure compliance with
them;
4. to institute civil actions and file criminal complaints in the name and on behalf of the
State regarding the enjoyment and exercise of  the rights recognized by this Law, to
which end it may act through a representative;
9. to carry out, either ex officio  or at the request of a party, supervisory and inspection
functions in relation to activities that might give rise to the assertion of the rights
recognized by this Law.
7. Please state the terms of protection of each right described above and the work or
subject-matter to which it applies.
Article 47.  Economic rights shall subsist throughout the life of the author and for 70 years
thereafter, and shall be transferred on his death in accordance with the provisions of the Civil Code.
Article 48.  In the case of anonymous and pseudonymous works, the term shall be 70 years
following the year of disclosure except where, before that period expires, the author reveals his
identity, in which case the provisions of the foregoing Article shall apply.IP/C/W/231
Page 14
Article 49.  In the case of collective works, computer programs and audiovisual and broadcast
works, economic rights shall lapse after 70 years following first publication or, failing that,
completion.  That limitation shall not effect the economic rights of each of the co-authors of
audiovisual and broadcast works in their personal contributions for the purposes of the second
paragraph of Article 12, or the enjoyment and exercise of the moral rights in those contributions.
Article 50.  The periods provided for in this Chapter shall be calculated from the first of
January of the year following that of the death of the author, or where appropriate of the disclosure,
publication or completion of the work.
Article 51.  Where one of the authors of a work  of joint authorship dies without heir, his
rights shall be added to those of the other co-authors.
Article 52. Works shall be considered posthumous where they were not disclosed in the
author's lifetime or where they were disclosed but the author, on his death, leaves them so altered or
corrected that they may be considered new works.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (which obligation is derived from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Article 181.  The rights in the works and other productions protected by virtue of earlier laws
shall benefit from the longer terms of protection recognized be this Law.
Works and other productions that have passed into the public domain on expiry of the term
provided for in the legislation repealed by this La w shall return to the private domain until such time
as the term provided for in this Law expires, without prejudice to rights acquired by third parties priorto the entry into force thereof.
Article 182.  Works, performances, phonographic productions or radio broadcasts that were
not protected under the law now repealed but are protected by this Law shall automatically benefit
from the protection of the latter, without prejudice to ri ghts acquired by third parties prior to the entry
into force thereof, provided that new uses may not  be initiated as from the said entry into force.
C. T
RADEMARKS
9. Please describe which elements are necessary to demonstrate use of the trademark when
registration of the licence is not taken into account pursuant to Article 32 of the Law No. 1294.
According to Article 29, a registered mark is deem ed to be used when the products or services
which it distinguishes have been put on sale or are available on the market under the corresponding
name, in the quantity and form which correspond to the nature of the products or services, the modes
of sale, and taking into account the size of the market.
Advertising the entry into the market of the products or services is also deemed to be use of
the mark, provided that such use actually occurs  within four months following the start of the
advertising campaign.
D. GEOGRAPHICAL INDICATIONS
10. Please explain whether or not the defini tion of Article 57 of the Law No. 1294 is
applicable to all kinds of products.IP/C/W/231
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Article 57 is applicable to all kinds of products.
11. Please confirm whether or not Articles 80 and 81 of the Law No. 1294 are applicable to
prevent any use which constitutes an act of un fair competition against a geographical indication
in addition to Article 60.
Yes, Articles 80 and 81 (c) are also applicable to prevent uses that constitute an act of unfair
competition against geographical indications.
12. Please confirm whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication pursuant to Article 2(k) of Law
No. 1294.
Under Article 2 (k) signs which consist of or contain a geographical indication, as defined in
Law 1294/98, may not be registered as trademarks; accordingly, the Industrial Property Directorate
will reject ex officio  such an application.
13. Please confirm whether or not that the protection granted by Article 80(d) of Law
No. 1294 is available for products other than wines and spirits.
Yes, the protection of Article 80 is applicable to all products.
14. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.
No exception is being used and no type of bilateral or multilateral negotiations has been
initiated.
It should be noted that international treaties take precedence over laws of the Republic in
constitutional rank and, consequently, the application of the TRIPS Agreement has priority.
15. Please provide examples, if any, of names considered as generic in your jurisdiction.
There are no examples to provide.
E. INDUSTRIAL DESIGNS
16. Please clarify if Law No. 1328/98 on copyright and related rights covers industrial
designs and state the corresponding articles.
No, the Law on Copyright does not protect industrial designs, since there is a law, Law
No. 868/82, specifically for that purpose.
17. Please clarify if the Law uses the criteria of independent creation to provide the
protection of designs.
Yes, Law 868/82 uses the criterion of independent creation.
18. Please mention whether or not your legislation provides for the right to issue a
compulsory licence for industrial designs.
The industrial design legislation does not provide for a compulsory licensing mechanism.IP/C/W/231
Page 16
19. Please explain how the requirements for s ecuring protection of textile designs, in
particular with regard to any cost, examination or publication, do not unreasonably impair the
opportunity to seek and obtain such protection.
Article 10.  The application must contain the following information and be accompanied by
the documents mentioned:
(a) The name and address of the applicant and the name and address of his representative
or lawyer, where appropriate;
(b) notarized power of attorney or special or  general power if the interested party does
not appear personally.  The applicant or his representative must establish domicile inthe capital of the Republic.
A brief description of the design, in triplicate, headed by a title that summarises the design;An indication of the kind or type of produ ct for which the design will be used;
Three graphic or photographic representations of the design, in colour if necessary;
Provided that the products are of the same type and are all similar, the registration application
may include up to ten different examples of the design, which must be specified and in each 
case accompanied by the supporting documents mentioned in subparagraphs (d) and (e) of
this Article;  and
the name, nationality, occupation and address of the designer.
The registration fee is US$0.20.
20. Please give, if any, examples of exception s to the protection of industrial designs.
Title I, Chapter I, Industrial Designs
Article 3.  An industrial design shall not be deemed to be new:If it is not distinguishable from similar designs;If, before the date of application for registration or validly claimed priority date, it was made
accessible to the public in any country and at any time, by description, use or any othermeans.  An industrial design shall not be deemed to be known to the public because in the
6 months prior to the filing date it featured in an official or officially recognized exhibition;
and
Merely because it embodies secondary differences in appearance relative to other earlier
designs or refers to different categories of products.
F. P
ATENTS
Note:  The questions relating to Law 773/25 creating the Patent Office will be answered on
the basis of the new Law on Patents.IP/C/W/231
Page 17
21. Does the patent holder's exclusive right to "exploit" a patent, as provided for under
Article 1 of Law No. 773/25 creating the Patent Office (hereinafter referred to as "Law 773")
include his right to prevent third parties not having his consent from the acts of  making, using,
offering for sale, selling, or importing the patented product for these purposes, or where the patent
concerns a process, his right to prevent third parties not having his consent from the act of usingthe process, and from the acts of using, offering for sale, selling, or importing for these purposes at
least the product obtained directly by that process?
Article 33 of the Law on Patents confers on the owner exclusive rights to exploit the
invention, in accordance with Article 28 of the TRIPS Agreement, including the right:
(a) Where the subject-matter of the patent is a product, to prevent third parties not having
the owner's consent from the acts of making, using, offering for sale or importing the
product or subject-matter of the patent;
(b) where the subject-matter of the patent is a process, to prevent third parties not having
the owner's consent from the act of using the process, and from the acts of using,offering for sale, selling or importing the product obtained directly by that process.
22. Please describe how and where your legislation defines the notions of:  novelty,
inventiveness and industrial application.
The notion of industrial application is defined in Article 6 of the Law on Patents.  Article 7
defines the concept of novelty and Article 8 the concept of an inventive step.
Article 6.  Industrial application.  An invention shall be deemed to be capable of industrial
application when it can be produced or used in any type of industry or productive activity.  For thesepurposes, the word "industrial" shall be understood in the broad sense and shall include, among other
things, handicrafts, agriculture, mining, fisheries and services.
Article 7.  Novelty.  An invention shall be deemed to be new, if it has not been anticipated in
the state of the art.
The state of the art shall comprise everything that has been disclosed or made available to the
public, anywhere in the world, by tangible publication, oral disclosure, sale or marketing, use or any
other means prior to the filing date of the patent application in the country or, where appropriate, prior
to the filing date of the earlier application whose priority is invoked.
For the purpose of assessing the novelty of an invention, the contents of a patent application
pending before the Industrial Property Directorate having a filing date or, where appropriate, priority
application date earlier than that of the application under examination shall likewise be considered
part of the state of the art, but only in so far as the said contents were included in the earlier
application when published.
The state of the art shall not include any disclosure made during the year preceeding the filing
date of the application in Paraguay or, where appropriate, in the year preceeding the date of the
application whose priority is invoked, provided that such disclosure was the direct or indirect results
of acts performed by the inventor himself or his successor in title, or of the non-performance of a
contract, or of an unlawful act committed against either of them.
A disclosure resulting from a publication made by an industrial property office in a patent
granting proceeding shall not be included in th e exception for which the preceding paragraph
provides, unless the application forming the subject of the said publication was filed by someone whoIP/C/W/231
Page 18
had no right to obtain the patent or the publication was the result of an error attributable to the said
office.
Article 8.  Inventive step.  An invention shall be deemed to involve an inventive step if for a
person skilled in the technical field concerned the invention is neither obvious nor obviously derivedfrom the relevant state of the art.
23. Article 3.4 of Law 773 provides for a patent protection term of fifteen years.  Please
explain how and when Paraguay intends to bring this provision into compliance with Article 33
of the TRIPS Agreement, which imposes a patent protection term of 20 years from the filing
date.
Under Article 29 of the Law on Patents, the patent protection term will be 20 years from the
filing date.
24. Article 3.3 of Law 773 currently excludes pharmaceutical products from patentability.
Please explain:  (i) how and where your legislation provides for the possibility for the filing of an
application for pharmaceutical patents, as prescribed by Article 70.8 of the TRIPS Agreement;
and (ii) how and where your legislation provides for the granting of exclusive marketing rights
for pharmaceutical patents, as prescribed by Article 70.9 of the TRIPS Agreement.
Article 91 of the Law on Patents provides that applications for pharmaceutical patents may be
filed as from 1 January 1995, in accordance with the requirements of Article 70.8 of the TRIPS
Agreement.
Article 94 of the same Law provides for the granting of exclusive marketing rights during the
transition period in complete agreement with the provisions of Article 70.9 of the TRIPS Agreement.
25. Please explain whether Article 24 of Law 773 would allow the granting of a compulsory
licence for the mere reason that a patented pro duct is imported, and not manufactured locally?
Article 24 of Law 773 has been rescinded by the new Law on Patents.
26. Please explain where your legislation incorporates the requirements of Article 31 of the
TRIPS Agreement related to compulsory licensing.
Articles 48, 49 and 50 of the Law on Patents incorporate the requirements of Article 31 of the
TRIPS Agreement.
27. Please explain whether or not in your legislat ion, 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.
Article 34.  Limitations on the patent right and exhaustion of the right.
A patent shall not give the right to prevent:(a) Acts carried out exclusively to experiment with the subject-matter of the patented
invention, for non-commercial purposes;
(b) acts carried out exclusively for teaching or scientific or academic research purposes;IP/C/W/231
Page 19
(c) commercial acts carried out by a third party with respect to a product protected by the
patent once it has been lawfully introduced into the commerce of any country by the
owner of the patent or by another person having the consent of the owner or legally
empowered to do so;
(d) the invention may be used, before the expiration of the patent, for experimental
purposes and with a view to gathering information required for the approval of a
product by the competent authority, for marketing after the expiration of the patent;
and
(e) the rights conferred by a patent may not be asserted against someone who, in good
faith and before the filing date or, where appropriate, the priority date of thecorresponding patent application, was already producing the product or publicly using
the process that constitutes the invention in the country, or had already made
preparations for such production or use.
28. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Article 5.  Subject-matter excluded from patent protection.  The following subject-matter is
excluded from patent protection:
Inventions, the prevention of the commercial exploitation of which is necessary to protect the
ordre public  or morality, protect human, animal or plant life or health or avoid serious
prejudice to the environment;  and
plants and animals other than micro-organisms, and essentially biological processes for the
production of plants or animals other than non- biological and micro- biological processes.
Products or processes included in the state of the art, in accordance with the provisions of this
Law, may not form the subject-matter of a new patent merely because they have been put to a use
different from that contemplated by the initial patent.
29. Please explain whether and how micro-organ isms, non-essentially biological processes
and microbiological processes are protected in your legislation.  Please explain, in this respect,
the relevant sections of your legislation.
Micro-organisms, non-essentially biological pr ocesses and microbiological processes may be
protected by patents, in accordance with Article 5(b) of the Law on Patents.
30. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
If the subject-matter of a patent is a process for obtaining a new product, the judicial
authorities may require the defendant to prove that an identical product has not been obtained by the
patented process, as provided by Article 76 of the Law on Patents.
G. 
LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
31. Please describe how your legislation protects topographies.IP/C/W/231
Page 20
The Government is preparing a draft law which will be submitted to the National Congress as
soon as possible for consideration and approval.  This forms part of the process of modernization of
the intellectual property legislation and its adaptation to the TRIPS Agreement.
32. 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.
See the response to question 31.
33. Please explain how your legislation provi des 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.
See the response to question 31.
34. Please state the term of protection granted by your legislation to topographies.
See the response to question 31.
H. UNDISCLOSED INFORMATION
35. 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 Government is in the process of drawing up a draft law that provides for the protection of
undisclosed information.  Pending the approval of this law, the provisions of Article 39 of Section 7
"Protection of Undisclosed Information" of the TRIPS Agreement will be applied in accordance with
the constitutional priority accorded to treaties and international agreements.
36. Please explain how your legislation defines "undisclosed information".
See the response to question 35.
37. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
See the response to question 35.
I. ENFORCEMENT
38. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
(a) Industrial designs
Chapter VIII, Article 32:
"Without prejudice to the remedy of amparo , the holder of a registration may take legal action
against any one who improperly exploits it industrially or commercially.  The action shall bebrought before the commercial court, for cessation of exploitation and the award of damages."IP/C/W/231
Page 21
(b) Copyright and related rights
Civil
Article 157.  Any dispute that arises in connection with the implementation of this Law shall,
where no other procedure has been provided for, be investigated and settled in accordance with the
provisions of Title XII, on summary proceedings, of the Civil Procedure Code.
The Civil Procedure Code [ Código Procesal Civil ] shall apply subsidiarily in all matters not
provided for in this Chapter.
Article 158.  The owners of any of the rights recognized by this Law, or their representatives
or the collective management bodies concerned, may, without prejudice to such other actions as may
be available to them, seek the cessation of the unlawful activity of an infringer and demand
compensation for the material and moral damage caused by the violation, or the surrender of the
profits made by the infringer through the unlawful act, and the payment of procedural costs.
The compensation for material damage and prejudice shall include not only the amount that
should have been charged for the grant of the authorization, but also a minimum surcharge
corresponding to 100 per cent (one hundred per cent) of the said amount, except where the aggrieved
party proves the existence of a greater prejudice, due account being taken of the income generated by
the infringer through the commission of the unlawful act.
Article 159.  Cessation of the unlawful activity may include the following:
Suspension of the infringing activity;
prohibition of the infringer from resuming that activity;
withdrawal from the market and de struction of the unlawful copies;
the disablement of moulds, plates, matrices, negatives and other material intended exclusively
for the reproduction of unlawful copies and, where necessary, the destruction of such
material;
the removal of the equipment used for the unauthorized communication to the public.
The court may likewise order the publication of the declaratory portion of the sentence, at the
infringer's expense, in one or more periodicals.
Article 160.  The court, at the request of the National Directorate of Copyright, the owner of
the rights concerned, his representative or the corresponding management body, shall order the
immediate implementation of the necessary precautionary measures to prevent the commission of the
infringement or the continuation or repetition of a violation already committed, including thefollowing in particular:
Seizure of the revenue derived from the unlawful activity or, where appropriate, the amounts
payable in remuneration;
immediate suspension of the unlawful manufacturing, reproduction, distribution,
communication or importation activity, as the case may be;IP/C/W/231
Page 22
confiscation of the copies produced or used and of the material or equipment used for the
infringing activity;
The precautionary measures provided for in this provision shall not preclude the adoption of
others provided for in ordinary legislation.
Article 161.  The precautionary measures referred to in the foregoing Article shall be granted
by the judicial authority provided that evidence is given of the necessity of the measure or proof filed
that constitutes at least a presumption of the alleged violation of rights, without any counter-security
having to be provided.
The necessity of the measure or presumption of the alleged violation of rights may also arise
from the visual inspection that the court may order as a preparatory measure on the site of the
infringement.
Article 162.  The precautionary measures mentioned in the foregoing Article shall be lifted by
the judicial authority where:
The person against whom the measure has been ordered provides security that is considered
sufficient by the court to guarantee the results of the proceedings, and the appeal has no
staying effect;
the party applying for the measures does not provide evidence of having started the procedure
leading to a decision on the merits of the case within a period of 30 consecutive days fromtheir having been ordered or implemented.
Article 163.  The preventive measures provided for in the foregoing Article shall be applied
without prejudice to the obligation on the Directorate General of Customs to proceed with the seizure
at the border of all copies constituting a violation of any of the rights provided for in this Law, and tosuspend the free circulation of such material when attempts are made to import it into the territory of
the Republic.
The seizure measures shall not apply to a copy having no commercial character that is carried
in personal baggage.
Article 164.  The user of the works, perfor mances, productions, broadcasts and other
intellectual property recognized by this Law shall be considered guilty of negligent delay where he
fails to make the payments specified in the tariffs laid down for the form of use concerned, or the
compensatory remuneration, within the ten consecutiv e days following a judicial or notarial summons
to do so.
Criminal
Article 165.  Owners of copyright may exercise all the rights relating to civil actions and
procedures provided for in this Chapter against a person who possesses, uses, designs, manufactures,
imports, exports or distributes, whether by sale, rental, lending or other means, any device or
computer program, or against a person who offers or renders a service whose purpose or effect is topermit or facilitate the avoidance of coding technology.
Article 166.  A penalty of imprisonment for a term of six months to one year or a fine of 5 to
50 minimum salary units shall be imposed on a person who, having been authorized to publish a
work, does so fraudulently in one of the following ways:IP/C/W/231
Page 23
Without mentioning the name of the author, translator, adapter, compiler or arranger on the
copy;
by printing the name with additions or deletions that adversely affect the author's reputation
as such or that of the translator, adapter, compiler or arranger, as the case may be;
by publishing the work with abridgements, additions, deletions or any other changes made
without the consent of the owner of the rights;
by publishing a number of works separately when authorization has been given for them to be
published together, or publishes them together when only their separate publication has been
authorized.
Article 167.  A penalty of imprisonment for a term of six months to three years or a fine of
100 to 200 minimum salary units shall be imposed in the following cases:
Where a person improperly uses the title of a work in breach of Article 6 of this Law;
where a person makes an alteration to the work in violation of the provisions of Article 30 of
this Law;
where a person communicates a work to the public in violation of the provisions of Article 27,
an audiovisual recording provided for in Article 134 or a photographic image provided for inArticle 135 of this Law;
where a person distributes copies of the work in breach of the rights provided for in
Article 28, of phonograms in violation of Articl e 127, of an audiovisual recording as provided
for in Article 134 or of a photographic image provided for in Article 135 of this Law;
where a person imports copies of the work not intended for the national territory in violation
of the provisions of Article 29, or of phonograms , in violation of the provisions of Article 127
of this Law;
where a person, by any wire or wireless means, retransmits a radio broadcast or a
transmission by wire, cable, optic fiber or other comparable process in breach of the
provisions of Articles 25, 26, 131 or 132 of this Law;
where a person communicates to the public performances or phonograms that are intended
solely for private performance;
where a person, being the assignee or licensee authorized by the owner of the rights
concerned, reproduces or distributes a greater number of copies than that permitted by the
contract, or communicates, reproduces or dist ributes the work, performance; production or
broadcast after the expiry of the agreed period of authorization;
where a person makes known to any other person an unpublished or undisclosed work that he
has received in confidence from the owner of th e copyright, or anyone else in the latter's
name, without the consent of the said owner;
where a person manufactures, imports, sells, rents or in any other way brings into circulation
devices or products, or renders any service, the purpose or effect of which is to block, evade,
eliminate, deactivate or circumvent in any way the technical devices that the owners have setin place to protect their rights.IP/C/W/231
Page 24
Article 168.  A prison term of two to three years or a fine of 200 to 1,000 minimum salary
units shall be imposed in the following cases:
Where a person improperly attributes to himself the status of holder, whether original or
derived, of any of the rights recognized by this Law, and by virtue of that improper attribution
causes the competent authority to suspend the act of communication, reproduction,distribution or importation of the work, performa nce, production or broadcast, or any other of
the intellectual property protected by this Law;
where a person makes false statements concerning the certification of income, the repertoire
used, the identity of the authors, authorizations supposedly obtained or the number of copies,
or commits any other adulteration of particulars th at is liable to prejudice any of the owners of
rights protected by this Law;
where a person, in breach of the provisions of Article 26, reproduces protected works in the
original or a developed form, in their entirety or in part, save in the cases of lawful
reproduction exhaustively specified in Chapter I of Title V, or, in the case of computer
programs, save in the exceptional cases specified in Articles 70 and 71 of this Law;
where a person brings into the country, stocks, distributes by means of sale, rental or lending
or in airy other manner brings into circulation unlawful reproductions of protected works;
where a person reproduces or copies by any means the performance of a performer, a
phonogram, a radio broadcast or transmission by wire, cable, optic fiber or other comparable
process, or who brings into the country, stocks, distributes, exports, sells, rents or in any other
way brings into circulation such unlawful reproduction;
were that of a person different from the true owner of the rights;where a person manufactures, imports, sells, rents or in any other way brings into circulation
devices or systems that are of prime importance in the unauthorized decrypting of an
encrypted program-carrying satellite signal or in facilitating unauthorized reception of a
program broadcast or otherwise communicated to the public in coded form.
Article 169.  The criminal judge or court shall in his sentence order the destruction of the
unlawful copies and where appropriate the disablement or destruction of the moulds, plates, matrices,
negatives and other material intended for the reproduction thereof.
As a subsidiary penalty, the judge or court may order the publication of the conclusions of the
sentence in one or more periodicals at the expense of the infringer.
Article 170.  A prison term of two to three years or a fine of 100 to 200 minimum salary units
shall be imposed on a person who possesses, uses, designs, manufactures, imports, exports or
distributes either by sale or by rental, lending or other means, any device or computer program, or on
a person who offers or renders a service, the objective of which is to permit or facilitate the evasion of
coding technology.
Border measures
Article 171.  The owner of a right protected by this Law who has good reason to believe that
preparations are being made for the importation or exportation of goods that infringe those rights may
apply to the customs authority to have the said importation or exportation suspended at the time ofIP/C/W/231
Page 25
clearance. The application and the order issued by  the customs authority shall be subject to the
conditions and guarantees applicable to precautionary measures.
Article 172.  Any person who applies for the institution of border measures shall provide the
customs authorities with the necessary information and a sufficiently accurate description of themerchandise for it to be recognized.
Article 173.  When the applicable conditions have been met and guarantees provided, the
customs authority shall either order or refuse su spension and inform the applicant accordingly. The
decision of the customs authority shall got constitute a final judgment.
Article 174.  Where suspension has been carried out, the customs authorities shall
immediately inform the importer or exporter of the merchandise and the party applying for one
measure.
Article 175.  Where 10 working days elapse from the time at which suspension has been
notified to the party applying for the measure without the latter having informed the customsauthorities that the appropriate court action has been initiated, or that the court has ordered
precautionary measures to prolong the suspension, the latter shall be lifted and the merchandise held
shall be cleared.
Article 176.  Once the appropriate court action has been initiated, the party affected by it may
apply to the court for reconsideration of the suspension order, and shall be heard to that end. The court
may decide to amend, revoke or confirm the suspension.
Article 177.  For the purpose of justifying the prolongation of the suspension of the
merchandise held by the customs authorities, or in support of a court action, the court shall allow theowner of the rights to inspect the merchandise. The importer or exporter shall have the same right. In
allowing the inspection, the court shall make the n ecessary arrangements for confidential information
of any kind to be protected, where applicable.
Article 178.  Where evidence of an infringement has been found, the complainant shall be
informed of the name and address of the sender, importer or exporter and consignee of the
merchandise, and of the amount of merchandise affected by the suspension order.
Article 179.  In the case of counterfeit goods that have been seized by the customs authorities,
neither the re-exportation of the goods in the same condition nor the application of a different customs
procedure to them shall be allowed.
The customs has powers to retain the goods and suspend clearance, at the request of the party
concerned, but it is the judicial authority that determined whether there has been an infringement of
trademark law and that investigates, orders precautionary measures and finds the act punishable.
Precautionary measures
Article 160.  The court, at the request of the National Directorate of Copyright, the owner of
the rights concerned, his representative or the corresponding management body, shall order the
immediate implementation of the necessary precautionary measures to prevent the commission of the
infringement or the continuation or repetition of a violation already committed, including thefollowing in particular:
Seizure of the revenue derived from the unlawful activity or, where appropriate, the amounts
payable in remuneration;IP/C/W/231
Page 26
immediate suspension of the unlawful manufacturing, reproduction, distribution,
communication or importation activity, as the case may be;
confiscation of the copies produced or used and of the material or equipment used for the
infringing activity.
The precautionary measures provided for in this provision shall not preclude the adoption of
others provided for in ordinary legislation.
Article 161.  The precautionary measures referred to in the foregoing Article shall be granted
by the judicial authority provided that evidence is given of the necessity of the measure or proof filed
that constitutes at least a presumption of the alleged violation of rights, without any counter-security
having to be provided.
The necessity of the measure or presumption of the alleged violation of rights may also arise
from the visual inspection that the court may order as a preparatory measure on the site of the
infringement.
Article 162.  The precautionary measures mentioned in the foregoing Article shall be lifted by
the judicial authority where:
The person against whom the measure has been ordered provides security that is considered
sufficient by the court to guarantee the results of the proceedings, and the appeal has no
staying effect;
the party applying for the measures does not provide evidence of having started the procedure
leading to a decision on the merits of the case within a period of 30 consecutive days from
their having been ordered or implemented.
Article 163.  The preventive measures provided for in the foregoing Article shall be applied
without prejudice to the obligation on the Directorate General of Customs to proceed with the seizure
at the border of all copies constituting a violation of any of the rights provided for in this Law, and to
suspend the free circulation of such material when attempts are made to import it into the territory of
the Republic.
The seizure measures shall not apply to a copy having no commercial character that is carried
in personal baggage.
Article 164.  The user of the works, perfor mances, productions, broadcasts and other
intellectual property recognized by this Law shall be considered guilty of negligent delay where he
fails to make the payments specified in the tariffs laid down for the form of use concerned, or the
compensatory remuneration, within the 10 consecutive days following a judicial or notarial summonsto do so.
Article 165.  Owners of copyright may exercise all the rights relating to civil actions and
procedures provided for in this Chapter against a person who possesses, uses, designs, manufactures,
imports, exports or distributes, whether by sale, rental, lending or other means, any device orcomputer program, or against a person who offers or renders a service whose purpose or effect is to
permit or facilitate the avoidance of coding technology.IP/C/W/231
Page 27
(c) Marks
Article 84.  Owners of the right to exclusive use of a registered mark or trade name may bring
proceedings before the judicial authorities against any person who infringes their right. The
following shall constitute infringement of the right of the owner of a registered mark:
(a) Affixing or placing a mark or similar distinctive sign on products for which the mark
has been registered or on products related to the services for which the mark has been
registered, or on containers, wrapping, or packaging for such products;
(b) removing or altering the mark for commercial purposes after it has been affixed or
placed on the products;
(c) manufacturing labels, containers, wrapping or other materials which reproduce or
contain the mark or trade name, and marketing or possessing such materials;
(d) filling or reusing containers, wrapping or packaging bearing the mark or trade name
for commercial purposes:
(e) using in trade an identical or similar sign to the mark or trade name for any products
or services if such use may cause confusion or a risk of association with the owner of
the registration;
(f) using in trade an identical or similar sign  to the mark or trade name for any products,
services or activities if they might cause unjust economic or commercial prejudice to
the owner because they weaken the distinctive character or the commercial or
advertising value of the sign or take undue advantage of the reputation of the sign or
its owner;  and
(g) publicly using an identical or similar sign to the mark or trade name, even for
non-commercial purposes, if this might weaken the distinctive character or the
commercial or advertising value of the sign or take undue advantage of its reputation.
Article 85.  The final judgement in a case of infringement may order that the following
measures be taken inter alia :
(a) Cessation of acts constituting the infringement;
(b) payment of costs and court costs, as well as compensation for damages;
(c) the attachment or confiscation of the infringing products, including containers,
wrapping, labels, printing or advertising material and other materials resulting from
the infringement, as well as materials and devices mainly used to commit the
infringement;
(d) a ban on the import or export of the infringing products, materials or devices;  and(e) the measures required to prevent the continuation or repetition of the infringement,
including the destruction of the products, materials or devices used for this purpose,
and a minimum fine of 500 to 2,000 days wages to be paid to the Industrial Property
Directorate.IP/C/W/231
Page 28
Article 86.  For products bearing a falsified mark, the simple deletion or removal of the mark
shall not suffice to allow these products to be put on sale.
Article 87.  At any time during the proceedings, the competent judicial authority may order
the defendant to furnish information in his possession concerning persons who have taken part inproducing or marketing the infringing products or services.
Article 88.  The limitation period for action for infringement shall be two years after the
owner has been reliably informed of the infringement  or four years after the latest infringement was
committed.
(d) Patents
Article 73.  Civil action to claim patent rights.  Where a patent or utility model has been
applied for or obtained by someone with no right to  obtain it or to the detriment of another party that
also possesses that right, the person affected may claim his rights from the competent judicial
authority and request that the application being processed or the patent be transferred to him or that he
be recognized as co-applicant or co-owner of the right.  The payment of damages may be requested in
the same claim.
The right to bring a patent claim action shall lapse ten years after the granting of the patent or
two years from the date of first exploitation of the invention or utility model in the country, whichever
period expires first.  If the patent was obtained in bad faith, the right of action shall not lapse.
Article 74.  Civil action for infringement of patent rights.  The owner of a patent may bring an
action, before the competent judicial authority, against any one performing acts in infringement of the
rights deriving from the patent, as established in Article 33 of this Law.
In the case of co-ownership, any one of the co-owners may bring action for patent
infringement without it being necessary to obtain the consent of the other parties, unless there is an
agreement to the contrary among the co-owners.
(e) Seeds
With regard to actions to prevent and oppose infringement of breeder's rights, Law
No. 385/94 sets out, in Chapter X on infringements and sanctions, the breeders' rights in the event ofan infringement and the administrative penalties applicable.  Specifically, in the preamble to the Law
on Seeds and the Protection of Cultivars, it is made clear that the provisions of the Civil Code, which
includes commercial provisions (Civil and Commercial), are applicable to infringements of breeder's
rights.  This includes the general provisions on the awarding of damages.
39. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
The following provisions show that the judicial review of final administrative intellectual
property decisions complies with the requirements of the TRIPS Agreement.
Copyright and related rights
Article 151.  Decisions of the Ministry of Indus try and Commerce.  A judicial-administrative
appeal may be filed against the final decision within ten working days.IP/C/W/231
Page 29
Marks
Article 129.  Decisions of the Director of the Industrial Property Directorate.  Judicial-
administrative complaints against such decisi ons may be lodged within ten working days.
Patents
Article 65.  Decisions.  The decision of the Di rector of the Industrial Property Directorate
exhausts administrative channels.  A judicial-administrative complaint against such a decision may be
made to the judicial authorities within ten working days.
Industrial designs
Article 39.  Decisions of the Ministry of Indus try and Commerce.  A judicial-administrative
complaint may be made within the following ten working days.
40. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
The judges and prosecutors in intellectual property right infringement cases must furnish the
defendant with copies.
41. Please quote provisions of your legislation which authorize judges to order a defendant
to desist from an infringement.
If the accused reaches an agreement with the victim, in 25 days the court may declare the
abatement of the criminal proceedings and hence order the case to be dismissed.
Code of Criminal Procedure, Article 25.10.  In the case of punishable acts committed against
personal property or blatant punishable acts, full compensation before the court for the private or
social damage caused shall result in the abatement of  the criminal proceedings, subject to the approval
of the victim or the public prosecutor, as appropriate.
42. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury which he has suffered.
Code of Criminal Procedure, Article 439.  Redress procedure:  Once the court has passed
sentence or imposed a preventive measure or found the defendant unfit to plead, the plaintiff or theOffice of the Attorney General may request the court to order that the damage caused be made good
or appropriate compensation paid.
43. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
Copyright and related rights: Article 158
Patents: Articles 78 and 79
Marks: Article 85(b) and (e)
Industrial designs: Article 32IP/C/W/231
Page 30
44. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.
Copyright and related rights – civil actions and procedure
Article 159.  "Cessation of the unlawful activity may include the following:
1. Suspension of the infringing activity;
2. prohibition of the infringer from resuming that activity;
3. withdrawal from the market and destruction of the unlawful copies;
4. the disablement of moulds, plates, matrices, negatives and other material intended
exclusively for the reproduction of unlawful copies and, where necessary, the
destruction of such material;
5. the removal of the equipment used for the unauthorized communication to the public.
The court may likewise order the publication of the declaratory portion of the sentence, at the
infringer's expense, in one or more periodicals.
Article 160.  The court, at the request of the National Directorate of Copyright, the owner of
the rights concerned, his representative or the corresponding management body, shall order the
immediate implementation of the necessary precautionary measures to prevent the commission of the
infringement or the continuation or repetition of a violation already committed, including the
following in particular:
1. Seizure of the revenue derived from the unlawful activity or, where appropriate, the
amounts payable in remuneration;
2. immediate suspension of the unlawful manufacturing, reproduction, distribution,
communication or importation activity, as the case may be;
3. confiscation of the copies produced or used and of the material or equipment used for
the infringing activity.
The precautionary measures provided for in this provision shall not preclude the adoption of
others provided for in ordinary legislation.
Article 161.  The precautionary measures referred to in the foregoing Article shall be granted
by the judicial authority provided that evidence is given of the necessity of the measure or proof filed
that constitutes at least a presumption of the alleged violation of rights, without any counter-security
having to be provided.
The necessity of the measure or presumption of the alleged violation of rights may also arise
from the visual inspection that the court may order as a preparatory measure on the site of the
infringement.
Article 162.  The precautionary measures mentioned in the foregoing Article shall be lifted by
the judicial authority whereIP/C/W/231
Page 31
1. The person against whom the measure has been ordered provides security that is
considered sufficient by the court to guarantee the results of the proceedings, and the
appeal has no staying effect;
2. the party applying for the measures does not provide evidence of having started the
procedure leading to a decision on the merits of the case within a period of
30 consecutive days from their having been ordered or implemented.
Article 163.  The preventive measures provided for in the foregoing Article shall be applied
without prejudice to the obligation on the Directorate General of Customs to proceed with the seizure
at the border of all copies constituting a violation of any of the rights provided for in this Law, and to
suspend the free circulation of such material when attempts are made to import it into the territory ofthe Republic.
The seizure measures shall not apply to a copy having no commercial character that is carried
in personal baggage.
Marks – precautionary measures, Law No. 1294, Chapter II
Article 96.  Precautionary measures shall consist of the following:
- Attachment or confiscation of the products, wrapping, labels and other materials
which bear the infringing sign and the equipment and other devices used to commit
the offence.  In criminal courts, these shall be destroyed if an expert taking part in the
judicial proceedings to which the preventive measure relates confirms that they are
infringing objects, without it being necessary to await the final judgment.
45. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
Code of Criminal Procedure, Article 439.  Redress procedure:  Once the court has passed
sentence, imposed a preventive measure or decided that the defendant is unfit to plead, the plaintiff or
the Office of the Attorney General may request the court to order that the damage caused be made
good or the appropriate compensation paid.
Article 443:  Once the petition has been accepted, the court shall lift the reparation or
indemnification order, as requested.
46. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Patents
Article 83 of the Law on Patents provides for provisional measures in accordance with the
terms of Article 50 of the TRIPS Agreement.
Marks
Articles 95, 96 and 97 provide for provisional measures in accordance with the terms of
Article 50 of the TRIPS Agreement.IP/C/W/231
Page 32
Copyright and related rights
Article 160.  "The court, at the request of the National Directorate of Copyright, the owner of
the rights concerned, his representative or the corresponding management body, shall order the
immediate implementation of the necessary precautionary measures to prevent the commission of theinfringement or the continuation or repetition of a violation already committed, including the
following in particular:
Seizure of the revenue derived from the unlawful activity or, where appropriate, the amounts
payable in remuneration;
Immediate suspension of the unlawful manufacturing, reproduction, distribution,
communication or importation activity, as the case may be;
Confiscation of the copies produced or used and of the material or equipment used for the
infringing activity.
The precautionary measures provided for in this provision shall not preclude the adoption of
others provided for in ordinary legislation."
47. 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 customsauthorities.
The judicial authorities must receive requests from right holders to suspend the release of
goods with counterfeit marks or pirated copyright.
48. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
Law No. 1294/98 on Marks, Chapter III Border Measures, Article 108:  Products bearing
false marks which have been seized by the customs authorities shall not be re-exported in the same
state nor placed under a different customs procedure.
Law No. 328 on Copyright and Related Rights, Article 179:  In the case of counterfeit goods
that have been seized by the customs authorities, neither the re-exportation of the goods in the same
state nor the application to them of a different customs procedure shall be allowed.
49. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
Copyright and related rights
Article 159. "Cessation of the unlawful  activity may include the following:
Suspension of the infringing activity;
prohibition of the infringer from resuming that activity;
withdrawal from the market and de struction of the unlawful copies;IP/C/W/231
Page 33
the disablement of moulds, plates, matrices, negatives and other material intended exclusively
for the reproduction of unlawful copies and, where necessary, the destruction of such
material;
the removal of the equipment used for the unauthorized communication to the public.
The court may likewise order the publication of the declaratory portion of the sentence, at the
infringer's expense, in one or more periodicals.
Article 160.  The court, at the request of the National Directorate of Copyright, the owner of
the rights concerned, his representative or the corresponding management body, shall order the
immediate implementation of the necessary precautionary measures to prevent the commission of the
infringement or the continuation or repetition of a violation already committed, including the
following in particular:
Seizure of the revenue derived from the unlawful activity or, where appropriate, the amounts
payable in remuneration;
immediate suspension of the unlawful manufacturing, reproduction, distribution,
communication or importation activity, as the case may be; confiscation of the copies
produced or used and of the material or equipment used for the infringing activity;
The precautionary measures provided for in this provision shall not preclude the adoption of
others provided for in ordinary legislation.
Article 161.  The precautionary measures referred to in the foregoing Article shall be granted
by the judicial authority provided that evidence is given of the necessity of the measure or proof filed
that constitutes at least a presumption of the alleged violation of rights, without any counter-security
having to be provided.
The necessity of the measure or presumption of the alleged violation of rights may also arise
from the visual inspection that the court may order as a preparatory measure on the site of the
infringement.
Article 162.  The precautionary measures mentioned in the foregoing Article shall be lifted by
the judicial authority where:
1. The person against whom the measure has been ordered provides security that is
considered sufficient by the court to guarantee the results of the proceedings, and the
appeal has no staying effect;
2. the party applying for the measures does not provide evidence of having started the
procedure leading to a decision on the merits of the case within a period of
30 consecutive days from their having been ordered or implemented.
Article 163.  The preventive measures provided for in the foregoing Article shall be applied
without prejudice to the obligation on the Directorate General of Customs to proceed with the seizure
at the border of all copies constituting a violation of any of the rights provided for in this Law, and to
suspend the free circulation of such material when attempts are made to import it into the territory of
the Republic.
The seizure measures shall not apply to a copy having no commercial character that is carried
in personal baggage.IP/C/W/231
Page 34
Marks
Law No. 1294, Chapter II – Precautionary Measures, Article 96(b)
Article 96.  Precautionary measures shall consist of the following:Attachment or confiscation of the products, wrapping, labels and other materials which bear
the infringing sign and the equipment and other de vices used to commit the offence.  In criminal
courts, these shall be destroyed if an expert taking part in the judicial proceedings to which the
preventive measure relates confirms that they are infringing objects, without it being necessary to
await the final judgment.
50. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
Our legislation does not contain any such provision.
51. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Criminal sanctions.  Copyright and related rights
Article 166.  A penalty of imprisonment for a term of six months to one year or a fine of five
to 50 minimum salary units shall be imposed on a person who, having been authorized to publish a
work, does so fraudulently in one of the following ways:
Without mentioning the name of the author, translator, adapter, compiler or arranger on the
copy;
by printing the name with additions or deletions that adversely affect the author's reputation
as such or that of the translator, adapter, compiler or arranger, as the case may be;
by publishing the work with abridgements, additions, deletions or any other changes made
without the consent of the owner of the rights;
by publishing a number of works separately when authorization has been given for them to be
published together, or publishes them together when only their separate publication has been
authorized.
Article 167.  A penalty of imprisonment for a term of six months to three years or a fine of
100 to 200 minimum salary units shall be imposed in the following cases:
Where a person improperly uses the title of a work in breach of Article 6 of this Law;
where a person makes an alteration to the work in violation of the provisions of Article 30 of
this Law;
where a person communicates a work to the public in violation of the provisions of Article 27,
an audiovisual recording provided for in Article 134 or a photographic image provided for in
Article 135 of this Law;
where a person distributes copies of the work in breach of the rights provided for in
Article 28, of phonograms in violation of Articl e 127, of an audiovisual recording as provided
for in Article 134 or of a photographic image provided for in Article 135 of this Law;IP/C/W/231
Page 35
where a person imports copies of the work not intended for the national territory in violation
of the provisions of Article 29, or of phonograms , in violation of the provisions of Article 127
of this Law;
where a person, by any wire or wireless means, retransmits a radio broadcast or a
transmission by wire, cable, optic fiber or other comparable process in breach of theprovisions of Articles 25, 26, 131 or 132 of this Law;
where a person communicates to the public performances or phonograms that are intended
solely for private performance;
where a person, being the assignee or licensee authorized by the owner of the rights
concerned, reproduces or distributes a greater number of copies than that permitted by the
contract, or communicates, reproduces or dist ributes the work, performance; production or
broadcast after the expiry of the agreed period of authorization;
where a person makes known to any other person an unpublished or undisclosed work that he
has received in confidence from the owner of th e copyright, or anyone else in the latter's
name, without the consent of the said owner;
where a person manufactures, imports, sells, rents or in any other way brings into circulation
devices or products, or renders any service, the purpose or effect of which is to block, evade,eliminate, deactivate or circumvent in any way the technical devices that the owners have set
in place to protect their rights.
Article 168.  A prison term of two to three years or a fine of 200 to 1,000 minimum salary
units shall be imposed in following cases:
Where a person improperly attributes to himself the status of holder, whether original or
derived, of any of the rights recognized by this Law, and by virtue of that improper attribution
causes the competent authority to suspend the act of communication, reproduction,
distribution or importation of the work, performa nce, production or broadcast, or any other of
the intellectual property protected by this Law;
where a person makes false statements concerning the certification of income, the repertoire
used, the identity of the authors, authorizations supposedly obtained or the number of copies,
or commits any other adulteration of particulars th at is liable to prejudice any of the owners of
rights protected by this Law;
where a person, in breach of the provisions of Article 26, reproduces protected works in the
original or a developed form, in their entirety or in part, save in the cases of lawful
reproduction exhaustively specified in Chapter I of Title V, or, in the case of computer
programs, save in the exceptional cases specified in Articles 70 and 71 of this Law;
where a person brings into the country, stocks, distributes by means of sale, rental or lending
or in any other manner brings into circulation unlawful reproductions of protected works;
where a person reproduces or copies by any means the performance of a performer, a
phonogram, a radio broadcast or transmission by wire, cable, optic fiber or other comparable
process, or who brings into the country, stocks, distributes, exports, sells, rents or in any otherway brings into circulation such unlawful reproduction;IP/C/W/231
Page 36
where a person enters in the Register of Copyright and Related Rights a work, performance,
production, broadcast or any other intellectual property protected by this Law that belongs to
another person as if it were his own, or as, if it were that of a person different from, the true
owner of the rights;
where a person manufactures, imports, sells, rents or in any other way brings into circulation
devices or systems that are of prime importance in the unauthorized decrypting of an
encrypted program-carrying satellite signal or in facilitating unauthorized reception of a
program broadcast or otherwise communicated to the public in coded form.
Article 169.  The criminal judge or court shall in his sentence order the destruction of the
unlawful copies and where appropriate the disablement or destruction of the moulds, plates, matrices,negatives and other material intended for the reproduction thereof.
As a subsidiary penalty, the judge or court may order the publication of the conclusions of the
sentence in one or more periodicals at the expense of the infringer.
Article 170.  A prison term of two to three years or a fine of 100 to 200 minimum salary units
shall be imposed on a person who possesses, uses, designs, manufactures, imports, exports ordistributes either by sale or by rental, lending or other means, any device or computer program, or on
a person who offers or renders a service, the objective of which is to permit or facilitate the evasion of
coding technology.
Marks
Law 1294, Title IV, Chapter I – Civil and Criminal Proceedings for Infringements:Article 89.  "The following shall be liable to an obligatory term of one to three years in a
penitentiary and a minimum fine of 1,000 to 3,000 days' wages:
- Persons who falsify or adulterate a registered mark;
- persons who fraudulently imitate a registered mark;
- persons who knowingly stock, put on sale, sell or offer for sale or distribute products
or services bearing a mark that is falsified, fraudulently imitated or unlawfully
affixed;
- persons who, with fraudulent intent, affix or cause to be affixed on a product or
service a false declaration or designation regarding the nature, quality, quantity,number, weight or measure, the manufacturer's name, the place or country in which
the product or service has been manufactured or supplied;  and
- persons who knowingly put on sale, sell or offer for sale products or services bearing
any of the false declarations mentioned in the preceding subparagraph.
Article 90.  The penalty defined in the preceding Article shall also apply to persons who make
fraudulent use of a trade name.
Article 91.  For an offence to have occurred, it shall not be necessary for the falsification,
imitation or fraudulent affixing of the mark to apply to all the goods;  affixing on a single specimen
shall suffice.IP/C/W/231
Page 37
Article 92.  The penalty laid down in Article 89 shall also apply to persons who, through
fraudulent or malicious conspiracy or any other unfair method, try to divert the customers of a
commercial or industrial establishment for their own profit or for that of a third party.
Article 93.  The offences listed in Articles 89 and 90 are liable to public criminal proceedings.
Article 94.  The limitation period for criminal proceedings shall be two years.  The provisions
in the Criminal Code shall apply subsidiarily where there are no specific provisions in this Law."
Patents
Article 75.  Criminal proceedings for infringement of patent rights.  In accordance with
Article 184 of the Penal Code and related provisions, a patent holder may bring an appropriate actionbefore the judicial authority against any person or persons who infringe any of the rights protected by
this Law.
Penal Code, Article 184 (subparagraph 4 repealed) does not depend on a complaint being
made by the victim;  is publicly prosecutable.
Law 1444, Article 18,15.
UNITED STATES
A. G
ENERAL
1. With respect to each form of intellectu al property covered by Part II of the TRIPS
Agreement, including plant variety protection, please explain the manner in which the laws of
Paraguay ensure that nationals of other WTO Members receive national treatment and most-
favoured-nation treatment as required by Articles 3 and 4 of the TRIPS Agreement.  Please citeto the relevant provisions of law.
As required by Articles 3 and 4 of the TRIPS Agreement, the principles of national treatment
and most-favoured-nation treatment are incorporated in the intellectual property legislation.  Under
Article 141 of the Constitution, international agreements approved by act of Congress form part of the
domestic legal system.  Article 137 of the Constitution establishes an hierarchical legal system in
which treaties, conventions and international agreements that have been approved and ratified rankimmediately after the Constitution and above national legislation passed by Congress and other legal
provisions of lower rank, so that Articles 3 and 4 of the TRIPS Agreement are automatically applied.
The following provisions also relate to national treatment and most-favoured-nation
treatment:
(a) Copyright:  Article 3 of Title II "Subject -matter of Copyright" of Law No. 1328/98 on
Copyright and Related Rights;
(b) Trademarks:  Articles 4 to 14 of Chapter II "Registration.  Registration Formalities
and Right of Ownership of Marks" of Law 1294/98 on Marks.  Article 23 of
Chapter V "Procedure.  Law 1294 on Marks";
(c) Industrial designs:  Article 10 (a) and (b) of Chapter II "Registration Requirements
and Formalities" of Law 868 on Industrial Designs;IP/C/W/231
Page 38
(d) Seed and Protection of Cultivars:  Article 1 of Chapter I, General Provisions,
"Purpose" of Law 385 on Seed and Protection of Cultivars.
Moreover, with respect to compliance with Articles 3 and 4 of the TRIPS, Article 33 of the
aforementioned Law states:
"The filing of an application for registration of a variety in any country with which the
Republic has a corresponding bilateral or multilateral agreement shall give the applicant
priority for a period of 12 months in which to register it in the National Register of Protected
Cultivars".
In addition there is the procedure laid down in Article 20 of Decree 7797 of 7 March 2000,
which reads:
"In order to benefit from the right of priority under Article 33 of Law No. 385/94, the
interested party must expressly claim his right of  priority in the application, and within three
(3) months of the date of the subsequent application, must supply a copy of the documentswhich constitute the first application, which copy shall be certified by the competent national
authority with which the application was filed, together with samples or other evidence that
the variety which is the subject-matter of both applications is the same."
B. 
COPYRIGHT AND RELATED RIGHTS
2. Please explain how Paraguay's copyright law protects computer programs as literary
works and compilations of data as required by Article 10 of the TRIPS Agreement and cite to
the relevant provisions of the law.
Law No. 1328/98
Article 2.33.  "Computer program (software)", the expression of a set of instructions in the
form of words, codes or plans or in any other form, which, on being incorporated in an automated
reading device, is capable of making a computer carry out a task or produce a result.  A computer
program also includes the technical documentation and users' manuals;
Article 4.  The works to which the foregoing Article refers include the following, in
particular:
13. Computer programs.Article 27.  Communication to the public may in  particular be effected by means of:
7.  Access by telecommunication to an electronic data-retrieval system, including computer databases,
servers, or other memory storage devices where they incorporate or constitute protected works.
Article 67.  Computer programs shall be protected on the same terms as literary works.  That
protection shall extend to all their forms of expression, and to both operating programs andapplication programs, whether in source code or in object code form.  The protection provided for in
this Law shall extend to any successive versions of the program, and also to derived programs.
Article 68.  The producer of the computer program is the person, whether natural person or
legal entity, who takes the initiative and responsibil ity for the work.  It shall be presumed, in the
absence of evidence to the contrary, that the natural person or legal entity named as such in the usual
way on the work is the producer of the program.IP/C/W/231
Page 39
Article 70.  For the purposes of this Law the storage of a computer program in the internal
memory of the apparatus by the lawful user for his exclusive personal use does not constitute
unlawful reproduction.  The above lawful use shall not extend to the exploitation of the program by
two or more persons through the installation of networks or workstations or another comparable
process, except where the express consent of the owner of the rights is obtained.
Article 71.  The lawful user of a computer pr ogram may make an adaptation of that program
where essential for it to be used in a particular computer and consistent with the licence granted to the
lawful user;  the adaptation shall be intended solely as a back-up copy to replace the lawfully acquired
copy where it cannot be used owing to damage or loss.  Reproduction of a computer program,
including for personal use, shall require authorization by the owner of the rights, with the exception of
the back-up copy.
Article 72.  The adaptation of a program by the lawful user, including the correction of errors,
shall not constitute transformation for the purposes of Article 31 insofar as it is intended exclusively
for personal use, except where there has been an ex press prohibition by the owner of the rights.  The
production of copies of the program so adapted for use by two or more persons or for distribution tothe public shall require express authorization by the owner of the rights.
Article 73.  None of the provisions of this Chapter may be so interpreted as to allow its
application to prejudice unreasonably the legitimate interests of the owner of the rights or to be
contrary to the normal exploitation of the computer program.
Article 23, Decree No. 5159/99 "Regulations of Law No. 1328/98".  For the purpose of
registering computer programs, software, and da tabases which are exploited commercially or by
remote transmission, extracts of their content and a written description of their structure, organization
and characteristic principles which, in the judgement and at the risk of the applicant, enable the workto be sufficiently individualized shall be deposited.  For the purpose of registering an unpublished
work in the form of a computer program, software or database, the applicant shall submit in a signed
and sealed envelope the expressions of the work he judges appropriate and sufficient to identify his
creation and ensure the confidentiality of his information.
3. Article 11 of the TRIPS Agreement requires that in most circumstances rental rights be
provided with respect at least to computer programs and cinematographic works andArticle 14.4 requires that rental rights be provided to producers of phonograms.  Please
describe how Paraguay's law on copyright and neighbouring rights ensures that the required
rental rights are provided and cite to the relevant provisions of law.
Article 69.  It shall be presumed, unless otherwise agreed, that the authors of the computer
program have assigned the economic rights recognized by this Law, without limitation and
exclusively, to the producer, that he is moreover in vested with the ownership of the rights referred to
in Article 22, and by implication with authority to decide on the disclosure of the program and to
exercise the moral rights in the work.  Unless otherwise agreed, the authors may not object to the
producer making or authorizing alterations to or successive versions of the program, or programsderived from it.
4. Please identify the term of protection availa ble with respect to wo rks and with respect to
each form of neighbouring rights under Paraguay's law on copyright and neighbouring rights
and cite to the relevant provisions of law.
Article 47.  Economic rights shall subsist throughout the life the author and for 70 years
thereafter, and shall be transferred on his death in accordance with the provisions of the Civil CodeIP/C/W/231
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[Código Civil ].  In the case of works of joint authorship, the term of protection shall be counted as
from the death of the last surviving co-author.
Article 48.  In the case of anonymous and pseudonymous works, the term shall be 70 years
following the year of disclosure except where, before that period expires, the author reveals hisidentity, in which case the provisions of the foregoing Article shall apply.
Article 49.  In the case of collective works, computer programs and audiovisual and broadcast
works, economic rights shall lapse after 70 years following first publication or, failing that,
completion. That limitation shall not effect the economic rights of each of the co-authors of
audiovisual and broadcast works in their personal contributions for the purposes of the second
paragraph of Article 12, or the enjoyment and exercise of the moral rights in those contributions.
Article 50.  The periods provided for in this Chapter shall be calculated from the first of
January of the year following that of the death of the author, or where appropriate that of the
disclosure, publication or completion of the work.
5. Article 13 of the TRIPS Agreement obliges WTO Members to confine any limitations or
exceptions to copyrights to certain special cases th at do not conflict with the normal exploitation
of the work and do not unreasonably prejudice the legitimate interests of the right holder.
Please describe any and all limitations and exceptions to copyrights provided under Paraguay's
law on copyrights and neighbouring rights and cite to the relevant provision of law.  Pleaseindicate how  Paraguay ensures that those limitations and exceptions do not conflict with the
normal exploitation of works and do not unreasonably prejudice the legitimate interests of the
right holder.
Law 1328, Title V, Chapter I "Limitations on Exploitation Rights"
Article 38.  The intellectual works protected by this Law may be lawfully communicated in
the following cases without need for the permissi on of the author or payment of any remuneration:
Where it is done in an exclusively domestic environment, provided that there is no direct or
indirect profit-making purpose;
where it is done in the public interest in the course of official events or religious ceremonies
involving short musical passages or small parts of musical works, provided that the public
may attend the events free of charge;
in the case of single, personal copies that are used solely for teaching purposes. by teaching
staff at educational establishments;
where it is done in commercial establishments for the sole purpose of demonstrating receivers
or players or other similar apparatus to customers, or for the sale of the sound or audiovisual
materials incorporating the works;
where it is essential to the provision of judicial or administrative evidence.
Article 39.  The following is permitted without authorization by the author or payment of
remuneration in relation to works already disclosed:
Reproduction by reprographic means, for the purposes of teaching or the holding of
examinations at educational establishments, provided that there is no gainful intent and onlyIP/C/W/231
Page 41
to the extent justified by the objective pursued, of articles or short extracts from lawfully
published works, on condition that the use is in keeping with proper practice;
the reproduction of a single copy of a work by non-profit-making public libraries or archives,
where the copy is in the permanent collection, in order to preserve that copy and replace it inthe event of its being lost, destroyed or rendered unusable, or to replace the copy in the
permanent collection of another library or archive that has been lost, destroyed or rendered
unusable, provided that it is not possible to acquire such a copy in a reasonable time and on
acceptable terms;
the reproduction of a work for judicial or administrative proceedings, to the extent justified by
the aim pursued;
the reproduction of a work of art on permanent display in streets, squares or other public
places, or on the outer walls of buildings, where the artistic medium used is different from
that used for the making of the original, provided that the name of the author and the title of
the work, if known, and the place in which it is located are mentioned;
the lending to the public of the lawful copy of a work expressed in writing by a library or
archive that does not pursue any direct or indirect profit-making purpose;
the reproduction of works in Braille or another specific form for the exclusive use of the
visually handicapped, provided that the reproduction is not done with gainful intent and the
copies are not used for profit-making purposes;
where the work is used as a sign, emblem or distinctive mark of a political party or non-
profit-making civil association or entity.
The reproduction provided for in this Article shall be allowed insofar as it does not interfere
with the normal exploitation of the work or unreasonably prejudice the legitimate interests of
the author.
Article 40.  It shall be permissible, without the authorization of the author or payment of
remuneration, to make quotations from lawfully disclosed works, subject to the obligation to mentionthe name of the author and the source, and on condition that the quotations are made in accordance
with proper practice and to the extent justified by the aim pursued.
As regards copyright:
Article 41.  It shall likewise be lawful to do th e following without authorization or payment of
remuneration, provided that the name of the author and the source are mentioned and that
reproduction or disclosure has not been the subject of an express reservation:
Reproduction and distribution in the press, or transmission in any medium, of topical articles
on economic, social, artistic, political or religious issues that are published in mass
communication media or disclosed by broad casting, without prejudice to the author's
exclusive right to publish them separately, either singly or in a collection;
the dissemination, in connection with news reporting on current events in sound or
audiovisual media, of the images or sounds of works seen or heard in the course of the said
events, to the extent justified by the informatory purpose;IP/C/W/231
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the dissemination in the press or transmission in any medium, as news of current events, of
speeches, dissertations, addresses, sermons and other works of similar character given in
public, and also speeches delivered in the course of judicial proceedings, to the extent
justified by the informatory purposes pursued and without prejudice to the rights that the
authors retain in the works disseminated with respect to their publication either singly or in acollection;
the transmission by broadcasting or cable di stribution or any other known or as yet unknown
medium of the image of an architectural work, a work of fine art, a photograph or a work of
applied art located permanently in a place open to the public.
Article 42.  Any broadcasting organization ma y, without the permission of the author or
payment of any special remuneration, make ephemeral recordings, using its own facilities and for a
single use in its own broadcasts, of a work in which it has broadcasting rights. The recording shall bedestroyed within three months except where a long er period has been agreed upon with the author. It
may however be preserved in official archives, also without the permission of the author, where it
possesses exceptional documentary character.
Article 43.  It shall be lawful, without the pe rmission of the author or payment of special
remuneration, for a broadcasting organization publicly to retransmit or distribute by cable a work
originally broadcast by it with the author's cons ent, provided that such public retransmission or
distribution takes place at the same time as the original broadcast and the work is broadcast or
distributed to the public without alteration.
Article 44.  The exclusively personal copying of works published in graphic form or in the
form of sound or audiovisual recordings shall be lawful where the compensatory remuneration
referred to in Chapter IV of Title IV of this Law has been paid. The reproductions allowed under this
Article shall not however extend to the following:
Reproduction of a work of architecture in the form of a building or other construction;
reproduction of the whole of a book or musical work in graphic form, or of the original or a
copy of a work of fine art executed and signed by the author;
a database or compilation of data.
Article 45.  The exceptions provided for in the foregoing Articles shall be restrictively
interpreted, and may not be applied to cases that are contrary to proper practice.
Law 1328, Title VII, Chapter II "Computer Programs"
Article 69.  It shall be presumed, unless otherwise agreed, that the authors of the computer
program have assigned the economic rights recognized by this Law, without limitation and
exclusively, to the producer, that he is moreover in vested with the ownership of the rights referred to
in Article 22, and by implication with authority to decide on the disclosure of the program and to
exercise the moral rights in the work.
Unless otherwise agreed, the authors may not object to the producer making or authorizing
alterations to or successive versions of the program, or programs derived from it.
Article 70.  For the purposes of this Law the storage of a computer program in the internal
memory of the apparatus by the lawful user for his exclusive personal use does not constitute
unlawful reproduction.IP/C/W/231
Page 43
The above lawful use shall not extend to the exploitation of the program by two or more
persons through the installation of networks or workstations or another comparable process, except
where the express consent of the owner of the rights is obtained.
Article 71.  The lawful user of a computer pr ogram may make an adaptation of that program
where essential for it to be used in a particular computer and consistent with the licence granted to the
lawful user; the adaptation shall be intended solely as a back-up copy to replace the lawfully acquired
copy where it cannot be used owing to damage or loss.  Reproduction of a computer program,
including for personal use, shall require authorization by the owner of the rights, with the exception of
the back-up copy.
Article 72.  The adaptation of a program by the lawful user, including the correction of errors,
shall not constitute transformation for the purposes of Article 31 insofar as it is intended exclusively
for personal use, except where there has been an express prohibition by the owner of the rights.
The production of copies of the program so adapted for use by two or more persons or for
distribution to the public shall require express authorization by the owner of the rights.
Article 73.  None of the provisions of this Chapter may be so interpreted as to allow its
application to prejudice unreasonably the legitimate interests of the owner of the rights or to be
contrary to the normal exploitation of the computer program.
Chapter III
Architectural Works
Article 74.  The acquisition of an architectural plan or project shall by implication entitle the
acquirer to carry out the projected work, but the consent of the author shall be required for its further
use in the construction of another work.  Use of an architectural plan for a construction made by athird party without the work of creation of the plan having been rewarded shall entitle the author to
claim an indemnity which shall be set by the court.
Article 75.  An author of architectural works may not object to such alterations as may prove
necessary in the course of construction or thereafter. Where the alterations are made without the
author's consent, the latter may repudiate his authorship of the altered work, and the owner shall be
prohibited from mentioning the name of the author of the original project in the future.
Paraguay ensures that the limitations and exceptions do not conflict with the normal use of the
works and do not unreasonably prejudice the legitimate interests of the owner.  Thus, in accordance
with Law No. 1328/98, the National Directorate of Copyright is authorized to coordinate the
application of laws and international treaties and conventions in the field of copyright and other rightsrecognized by the Law, as well as to institute civil actions and file criminal complaints and carry out,
either ex officio or at the request of a party, supervisory and inspection functions in relation to
activities that might give rise to assertion of the rights recognized by the Law.
6. Please describe in detail the rights provided under Paraguay's law on copyright and
neighbouring rights to performers, broadcasters and producers of phonograms and cite to the
relevant provisions of law.
Law No. 1328/98
Article 122.  Performers shall enjoy the moral right:IP/C/W/231
Page 44
to the recognition of their names in relation to their performances;
to oppose any distortion, mutilation or any other act in relation to their performances that is
detrimental to their prestige or reputation.
Article 123.  Performers or their successors in title shall have the exclusive right to do,
authorize or prohibit the following:
Communication of their performances to the public, except where a performance used in that
communication:
- constitutes a broadcast work in itself;- has been fixed on a phonogram or videogram that has itself been made public;fixation and reproduction of their performances by any means or process;
reproduction of an authorized fixation where it is done for purposes different from those for
which the authorization was given.
Notwithstanding the provisions of this Article, performers may not object to the
communication of their performances to the public where it is done from a fixation made with theirprior consent and published for commercial purposes.
Article 124.  Performers likewise have the right to equitable remuneration for the
communication to the public of the phonograms publishe d for commercial purposes that contain their
performances, which remuneration shall be shared equally with the phonogram producer, exceptwhere the said communication is included among the exceptions provided for in Article 38 of this
Law.
Article 125.  Orchestras, vocal ensembles and other groups of performers shall designate a
representative for the exercises of the rights reco gnized by this Law.  In the absence of such
designation, the representation shall be exercised by the directors of the said groups.
The representative shall have the right to entrust the relevant parts of his mandate to  a
collective management body.
Article 128.  The producers of phonograms shall likewise have the right to receive
remuneration for the communication of the phonogram to the public by any means or process, exceptin the case of the lawful uses referred to in Article 38 of this Law, which remuneration shall be shared
equally with the performers.
Article 129.  In the event of infringement of the rights recognized in this Chapter, the right to
bring legal action shall belong to the original owne r of the rights in the phonogram, to the person who
proves the exclusive assignment or licensing to him of the rights in question or to the collective
management body that represents them.
Article 131.  Broadcasting organizations shall have the exclusive right to do, authorize or
prohibit the following:
Retransmission of their broadcasts by any known or as yet unknown means or process;IP/C/W/231
Page 45
recording on any sound or audiovisual medium of their broadcasts, including that of any
isolated image included in the broadcast or transmission;  and
reproduction of their broadcasts.
Broadcasting organizations shall likewise have the right to receive equitable remuneration for
the communication to the public of their broadcasts or transmissions where it is done in places to
which that public has access against payment of an admission charge or entrance fee.
Article 132.  For the purposes of the enjoyment and exercise of the rights provided for in this
Chapter, equivalent protection shall be accorded, as appropriate, to broadcasting stations that transmit
programs to the public by wire, cable, optic fibre or other comparable process.
7. Article 18 of the Berne Convention, as incorporated into the TRIPS Agreement by
Article 9.1 of the TRIPS Agreement, requires that copyright be restored for works that are still
are protected under copyright in their country of origin and have not had a full term or
protection in Paraguay.  Please describe in de tail how Paraguay has implemented this obligation
and cite to the relevant provisions of law.
Paraguay has implemented these obligations as may be seen from the following Articles:
Article 181.  The rights in the works and other productions protected by virtue of earlier laws
shall benefit from the longer terms of protection recognized by this Law.
Works and other productions that have passed into the public domain on expiry of the term
provided for in the legislation repealed by this Law shall return to the private domain until such time
as the term provided for in this Law expires, without prejudice to rights acquired by third parties priorto the entry into force thereof.
Article 182.  Works, performances, phonographic productions or radio broadcasts that were
not protected under the law now repealed but are protected by this Law shall automatically benefit
from the protection of the latter, without prejudice to ri ghts acquired by third parties prior to the entry
into force thereof, provided that new uses may not  be initiated as from the said entry into force.
This protection is provided without any distinction being made between nationals and
foreigners, in accordance with Article 3 of Law 1328/98.
8. Article 14.6 of the TRIPS Agreement requires that protection be restored for
phonograms that are still under protection of copyright or neighbouring rights law in theircountry of origin and that have not had a full term  of protection in Paraguay.  Please describe in
detail how Paraguay has implemented this obligation and cite to the relevant provisions of law.
Under Paraguay's system of legal precedence, international treaties and conventions rank
above national law, so that once a convention has been ratified compliance with its provisions ismandatory in Paraguayan territory.
C. T
RADEMARKS
9. Please describe in detail the subject-matter that can comprise a trademark under
Paraguay's trademark law and cite to the relevant provisions of law.
According to Article 1 of Law 1294, marks are any signs used to distinguish products and
services.  They may consist of one or more words, mottos, emblems, monograms, seals, vignettes,IP/C/W/231
Page 46
reliefs, names, fanciful word forms, letters and numbers in distinctive shapes or combinations, and
arrangements of colours, labels, containers and wrapping.  They may also consist of the shape,
presentation or packaging of products or their contai ners or wrapping or the mode or place in which
the corresponding products or services are provided. This list is merely indicative.
10. Please describe in detail the procedure that must be followed to register a trademark in
Paraguay, citing the relevant provisions of the tr ademark law and describe the rights that the
owner of a registered mark acquires with registration.
Procedure for registering a trademark
Article 4.  Applications for registration of marks shall be filed with the Industrial Property
Directorate, which shall issue the corresponding receipt.
Article 5.  For the purposes of registration, applications shall be in writing and shall include
the following:
Name, domicile and signature of the applicant a nd of his agent or attorney, where applicable;
name of the mark or its reproduction in the case of figurative, mixed or three-dimensional
marks; for other signs, a graphic representation thereof;
specification of the products or services that are to be distinguished by the mark, with an
indication of their class;  and
a power of attorney or a general or special power if the applicant does not appear in person.
The applicant or his attorney shall elect domicile in the capital of the Republic of Paraguay.
Legal persons shall be represented by an attorney, who shall be an approved industrialproperty agent.
Article 6.  In the public interest, the Industrial Property Directorate may refuse to register an
identical mark or a mark that is very similar to another mark registered for the same product or
service, notifying the applicant accordingly, even if the owner of the registered mark gives his
consent.  Where total rejection is not justified, the registration applied for may be granted for only
some of the products or services indicated in the application or may be restricted to certain products orservices.
Article 7.  Registration of marks shall only be granted for a single class of the official
nomenclature.  Registration of marks in several classes shall required a separate application for each
class.
Article 8.  Specification of the products shall not  be required where registration of a mark is
sought for all the products included in one of the classes of the official nomenclature.  In the case of
applications for service marks, specification shall be compulsory.
Article 9.  Owners of registrations may at any time request that the list of products or services
covered by the registration of the mark be curtailed or restricted or that a material error in the
registration granted be rectified.
Article 10.  Where the designation on a label or drawing whose registration is being sought
shows the name of a product or service, the mark shall only be valid for the product or service
indicated thereon.IP/C/W/231
Page 47
Article 11.  The Industrial Property Directorate shall assign a date of filing to the application.
As a minimum, the latter shall contain the identifi cation and address of the applicant, together with
the requirements, specified in subparagraphs (b) and (c) of Article 5, which shall distinguish the mark.
Article 12.  The right of priority to obtain registration of a mark shall be determined by the
date and time of filing with the Industrial Property Directorate.  Priority may be claimed in the
application for registration on the basis of a prior registration application for the same mark and the
same products or services as a result of any filing in a State bound by a treaty or agreement to which
Paraguay is also a party.
Article 13.  Following completion of the legal requirements and at the expiry of the
prescribed periods, if none of the impediments to registration laid down in this Law applies, theIndustrial Property Directorate shall register the mark subject to payment of the relevant taxes and
fees.  If registration is refused, the decision shall be substantiated.
Article 14.  The Industrial Property Directorate shall issue a certificate of registration of the
mark containing the relevant information, as well as the information required by the regulatoryprovisions.
Rights that the owner of a mark acquires with registration
Article 15.  Registration of marks pursuant to this Law shall give their owners the right to
take the necessary action and measures before the competent judicial authorities against any person
who infringes their rights.  It shall also grant the right to oppose the registration or use of any other
sign which may directly or indirectly cause co nfusion or any association between the products or
services, irrespective of the class in which they appear, provided that they are related to each other.
Article 18.  Owners of marks for products or se rvices registered abroad shall enjoy the
guarantees provided by the Law after the marks have been registered in Paraguay.  Owners or their
duly authorized agents shall be the only persons entitled to apply for registration.
Article 19.  Registration of marks shall be valid for ten years and may be extended
indefinitely for further ten-year periods, provided that their renewal is requested within the year
preceding their expiry and subject to completion of the same formalities as those required forregistration.  The new term shall be computed from the date of expiry of the preceding registration.
Renewal may be requested within a grace period of six months after expiry, subject to payment of the
surcharge specified, in addition to the corresponding renewal fee.
Other rights enjoyed by the owner of a mark include those established in Chapter VI of the
Law on Marks which deals with "Licences to use marks" (Articles 31-38) and Chapter VII of the
same Law which concerns "Assignment and transfer of rights in marks" (Articles 39-45).
Article 31.  Owners of registered marks may grant written licensing contracts to use a mark,
either for all or some of the products or services it covers.
Article 39.  Rights in registered marks or marks that are the subject of registration
applications may be assigned or transferred in respect to all or some of the products or services for
which the application has been filed or the mark registered.
11. Please explain in detail how Paraguay's trademark and other laws provide for the
protection of well-known trademarks and service marks, citing the relevant provisions of law.IP/C/W/231
Page 48
Article 2(g) reads:  "Signs which constitute a reproduction, imitation, translation,
transliteration or transcription in full or in part of an identical or similar distinctive sign, well-known
to the public in the corresponding sector and belonging to a third party, irrespective of the products or
services to which the sign is applied, if its use and registration are liable to cause confusion or a risk
of association with this third party or mean taking advantage of the reputation of the sign orweakening its distinctive character, irrespective of the manner or way in which the sign was made
known, may not be registered as trademarks."
Article 18 reads:  "Owners of marks or products or services registered abroad shall enjoy the
guarantees provided by the Law after the marks have been registered in Paraguay.
Owners or their duly authorized agents shall be the only persons entitled to apply for
registration."
It should be noted that, constitutionally, in Paraguay in accordance with Kelsen's pyramid
international treaties take precedence over legislation, so that Article 6 bis of the Paris Convention
and Article 60.2 and 3 of the TRIPS Agreement apply.
12. Please describe in detail any limitations or special requirements that apply to trademark
rights under Paraguay's laws and indicate how those limitations take account of the legitimate
interests of the owner of the trademark and of third parties.
Articles 27, 28, 29 and 30 of the Paraguayan legislation impose limitations on trademark
rights and refer to the use of the registered mark.
Article 27.  Use of marks shall be compulsory .  At the request of the party concerned,
registration of a mark may be cancelled in the following cases:
(a) Where its use has not commenced within five years immediately following its
registration;
(b) where its use has been suspended for more than five consecutive years;(c) where, during the periods specified in the two preceding subparagraphs, it has been
used with substantial changes in its original distinctive character as defined on the
relevant registration certificate.
Cancellation shall not apply where use of the mark, or where applicable non-use of the mark,
has been justified by means of a final and enforceable judicial decision in previous proceedings withinthe same period of five years specified in subparagraphs (a) and (b).  Cancellation shall not apply
where absence of use is due to substantiated reasons of  force majeure .
Registered  marks not used in one class shall not be cancelled if the same mark has been used
when marketing a product or supplying a service in other classes.
Proceedings for cancellation due to failure to use shall be brought before the civil and
commercial judicial authorities.  Persons who obtain a favorable decision on cancellation shall have  a
preferential right to registration if they file an application within three months following the date on
which the decision in question became final.
Article 28.  Owners of registered marks shall be responsible for proving use of the mark.  Use
shall be substantiated by any means of proof allowed by the law which shows that the mark has been
publicly and effectively used.IP/C/W/231
Page 49
Article 29.  Registered marks shall be deemed to be used when the products or services which
they distinguish have been put on sale or are available on the market under the corresponding name,
in the quantity and form which correspond to the nature of the products or services, the modes of sale,
and taking into account the size of the market.
Advertising the entry into the market of the products or services shall also be deemed use of
the mark, provided that such use actually occurs  within four months following the start of the
advertising campaign.
Article 30.  Use of registered marks must be in the form in which they are registered, but if
such use differs in detail or in secondary elements this shall not be grounds for cancelling registration.Use in relation to one or several products or services in a class shall imply justification of use for all
the products or services in the class.
13. Please indicate the length of the initial term of protection for a registered trademark
under Paraguay's trademark law and describe the conditions for renewing the registration andthe period of the renewal.  Please cite to the relevant provisions of Paraguay's law.
Article 19.  Registration of marks shall be valid for ten years and may be extended
indefinitely for further ten-year periods, provided that their renewal is requested within the year
preceding their expiry and subject to completion of the same formalities as those required forregistration.  The new term shall be computed from the date of expiry of the preceding registration.
Renewal may be requested within a grace period of six months after expiry, subject to
payment of the surcharge specified, in addition to the corresponding renewal fee.
D. 
GEOGRAPHICAL INDICATIONS
14. Please describe in detail how and under what laws geographical indications are
protected in Paraguay and cite to the relevant provisions of law.
Geographical indications are protected by the following Articles of Title I, Chapter XI of
Law 1294/98 on Marks:
Article 57.  Geographical indications are any signs which identify products as having
originated in a country, region, locality or any other place, if the special characteristic of the product
or its reputation can mainly be attributed to its geographical origin.
Article 58.  Only producers, manufacturers or craftsmen carrying out their activities in the
place designated by the geographical indication may use the indication in trade for the product it
identifies.  They shall have the right to prevent the geographical indication being used to identify
products of the same type which do not originate in the place designated by the indication.
Article 59.  Use of a geographical indication in trade shall mean its use in advertising or any
other trade  documentation relating to the sale, presentation or offer of products or services.
Article 60.  Any interested party may bring legal proceedings to prevent the use of any means
which, in designating or presenting any product, i ndicate or suggest that the product comes from a
geographical region other than its actual place of  origin, or any other use which constitutes an act ofunfair competition.IP/C/W/231
Page 50
15. Does the law of Paraguay regarding geographical indications provide for any of the
exceptions to protection of geographical indica tions contained in Article 24 of the TRIPS
Agreement, and, if so, please describe the way in  which the exception is applied and cite to the
relevant provisions of law.
Title I, Chapter XI on Geographical Indications of Law 1294/98 on Marks does not provide
for any of the exceptions to protection of geographical indications contained in Article 24 of the
TRIPS Agreement.
E. INDUSTRIAL DESIGNS
16. Please describe in detail the way in which industrial designs, including textile designs,
are protected under Paraguay's laws and cite to the relevant provisions of law.
Industrial designs are protected by the following Articles of Law 868/81 and
Decree 30.007/82:
Article 1.  Any combination of lines and col ours or any three-dimensional arrangement of
lines and colours intended to give a special appearance to an industrial or craft product and used as a
model for its manufacture shall be deemed to be an industrial design.
Article 2.  Industrial designs may be registered if they are new, not used merely for obtaining
a technical effect and are not contrary to ordre public or morality.
Article 4.  The right to obtain legal protection belongs to the creator of the design or his
successors in title.  The creator is presumed de facto  to be whoever first applies or claims priority for
registration and, accordingly, for the rights accorded by this Law.
Article 5.  Rights in industrial designs created by persons in dependent employment shall be
determined in accordance with the provisions of the Labour Code concerning inventions, the creator
always having the right to be mentioned in the Register.
Article 6.  The rights accorded by this Law shall be independent of any that may be obtained
under the legal copyright regime, subject only to the limitation established in Article 41 of this Law.
Article 7.  The protection granted by registration shall run for five years from the date of
filing of the application and may be renewed for two consecutive periods of the same duration.
Article 8.  The owner of an industrial design registered abroad shall have a period of six
months from registration in the country of origin to assert his priority right by filing the corresponding
registration application, subject to the provisions of this Law.
Remark:  With reference to Article 2 and textile designs, the provision relates to the
ornamentation and patterns on the fabric or designed into it, i.e. not to the fibre or the fabric in itself,
however novel.IP/C/W/231
Page 51
F. PATENTS
17. Please explain whether or not inventions within the categories specified below are
eligible to be patented under Paraguay's law if they are novel, involve an inventive step, and are
industrially applicable:
(a) Process inventions which, in whole or in part, consist of steps that are performed
by a computer and are directed by a computer program;
Computer programs are protected on the same terms as literary works in accordance with
Title VII, Chapter II "Computer Programs" of La w No. 1328/99 on Copyright and Related Rights and
Article 10 of the TRIPS Agreement.
(b) Product inventions consisting of elements of a computer-implemented invention
including:
(i) machine-readable computer program code stored on a tangible medium 
such as a floppy disk, computer ha rd drive or computer memory;  or
(ii) a general purpose computer whose novelty over the prior art arises 
primarily due to its combination with a specific computer program;
(i) (ii) If they meet the requirements of Article 3 of the Patent Law, they are patentable.
(c) process inventions that facilitate the conduct of business;
They are protected by copyright like any intellectual creation.
(d) micro-organisms of all kinds.
Provided they meet the requirements of Article 3 of the Patent Law, micro-organisms are
patentable under Article 5(b) of that Law.
18. Please identify any exceptions to the righ ts conferred by a patent in Paraguay and
indicate the manner in which the law of Par aguay ensures that such exceptions do not
unreasonably conflict with a normal exploitation of the patent and do not unreasonably
prejudice the legitimate interests of the patent ow ner, taking account of the legitimate interests
of third parties.
The only exceptions to the rights conferred by patents are those laid down in Article 34 of the
Patent Law.
Article 34.  Limitations on the patent right and exhaustion of the right.A patent shall not confer the right to prevent:(a) Acts carried out exclusively to experiment with the subject-matter of the patented
invention, for non-commercial purposes;
(b) acts carried out exclusively for the purposes of teaching or scientific or academic
research;IP/C/W/231
Page 52
(c) commercial acts carried out by a third party with respect to a product protected by the
patent once it has been lawfully introduced into the commerce of any country by the
owner of the patent or by another person having the consent of the owner or being
legally empowered to do so;
(d) the invention being used before the expiration of the patent for experimental purposes
and with a view to gathering information required for the approval of a product by the
competent authority, for marketing afte r the expiration of the patent;  and
(e) the rights conferred by a patent may not be asserted against someone who, in good
faith and before the filing date or, where appropriate, the priority date of the
corresponding patent application, was already producing the product or publicly usingthe process that constitutes the invention in the country, or had already made
preparations for such production or use.
19. Please describe any provisions for compulsory licensing of patents in Paraguay's law
and explain how Paraguay ensures that each of the conditions in Article 31 of the TRIPS
Agreement is met in relation to any compulsory li cences.  Please cite to the relevant provisions
of law.
Chapter VI of the Patent Law, recently approved by Congress, concerns compulsory licences
and other use without authorization of the right holder.  Articles 42, 43, 44, 45 and 46 of Chapter VI"On compulsory licences and other use without author ization of the right holder" of Paraguay's draft
Patent Law specify the grounds for granting compulsory licences.  Articles 48, 49 and 50 of the same
draft "Conditions relating to compulsory licensing" incorporate the requirements under Article 31 of
the TRIPS Agreement.
Article 42.  Compulsory licences and other use for non-exploitation.  Any interested party
may request a compulsory licence from the Industrial Property Directorate three years after the grant
of the patent or four years after the filing of the application, whichever is the later, if the invention has
not been exploited or no serious and effective preparations have been made to exploit it or if
exploitation has been suspended for a period of more than one year, provided that the non-use is not
attributable to force majeure .
In addition to those recognized as such by law, grounds for claiming  force majeure  shall be
deemed to include objective difficulties of a techni cal and legal nature, such as delay in obtaining the
patent from the Industrial Property Directorate, which lie outside the control of the patent holder and
render the exploitation of the invention impossible.
If they lie outside the control of the patent holder, lack of technical or economic resources and
the economic non-viability of exploitation shall also be deemed to be sufficient justification.
For these purposes, the exploitation of the patent by a licensee or representative shall be
deemed to be exploitation by the holder.
Article 43.  Compulsory licences or other use wi thout authorization of the holder for reasons
of public interest.  The Government may, without the authorization of the patent holder, grant
compulsory licences or other use, the scope and duration of which shall be fixed in the corresponding
decree, in health emergencies or for reasons of defence or national security, for the socio economicand technological development of certain strategic sectors and where exceptional circumstances may
harm the national interest.IP/C/W/231
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Article 44.  Compulsory licences for anti-competitive practices.  By express resolution, the
Industrial Property Directorate may grant compulso ry licences if the competent authority, in the
proceeding that accords the holder the right of defence and other guarantees, has determined that the
latter has engaged in anti-competitive practices, abuse of the rights conferred by the patent or abuse of
a dominant market position.
For the purposes of this Law, the following, among others, shall be deemed to be anti-
competitive practices:
(a) The fixing of comparatively excessive prices with respect to the international market
average for the patented product;
(b) the existence of offers to supply the mark et at prices significantly lower than those
offered by the patent holder;
(c) refusal to supply the local market adequately and regularly with the raw materials or
the patented product on reasonable commercial terms;
(d) hindering commercial or productive activities;(e) if the efficient national exploitation of a patented invention that contributes to
technological development is impeded or prevented by the patent holder;  and
(f) the other cases contemplated by special laws.Article 45.  Licences to exploit dependent patents.  A compulsory licence shall be granted to
permit the exploitation of a new patent - second patent - which cannot be exploited without infringinganother patent - first patent, provided that the following conditions are fulfilled:
(a) The invention claimed in the second patent involves an important technical advance
in relation to the invention claimed in the first patent;
(b) the owner of the first patent is entitled to obtain a cross-licence on reasonable terms to
use the invention claimed in the second patent;  and
(c) the use authorized in respect of the first patent is non-assignable except with the
assignment of the second patent.
Article 46.  Compulsory licence application procedure and requirements.  The applicant for a
compulsory licence or other use without authorization of the right holder shall satisfy the Industrial
Property Directorate that he has previously requested an ordinary licence from the holder and has
been unable to obtain one on reasonable commercial terms and within a reasonable period of time.
This requirement may be waived in cases of national emergency or circumstances of extreme
urgency or in cases of public non-commercial use, but in such cases the patent holder shall be
informed of the granting of the licence without delay.
The compulsory licence application shall indicate the conditions on which the licence is being
sought.
The compulsory licence application shall be sent to the patent holder for a fixed period of
30 days, upon the expiry of which, if there has been no express objection, it shall be deemed to have
been accepted.IP/C/W/231
Page 54
Once this procedure has been completed, the Industrial Property Directorate shall, within a
mandatory period of 30 calendar days, issue a reasoned decision granting or rejecting the compulsory
licence application submitted.
The decision granting the compulsory licence or other use without authorization of the patent
holder shall be entered in the register of the Industrial Property Directorate and published.  It shall
take effect against third parties as from registration.
In all cases, decisions relating to use not authorized by the patent holder shall be subject to
judicial review, as shall the question of the corresponding remuneration, where appropriate.  During
judicial review precautionary measures that affect the validity or terms of the licence granted may notbe imposed and may only be considered in the corresponding judgement.
Appeals based on administrative acts relating to the granting of compulsory licences or other
use shall not have suspensive effect.
Article 48.  Conditions relating to the compulso ry licence.  The patent holder who is the
subject of a compulsory licence shall receive adequate remuneration according to the circumstances of
the case, the economic value of the licence and the average royalties paid in the sector concerned
under commercial licensing agreements between independent parties.  In the absence of agreement,
the amount and method of payment of the remuneration shall be fixed by the administrative authority.
Anyone applying for a compulsory licence must show that he possesses the technical and
economic capacity to proceed with its exploitation.  The technical and economic capacity shall be
assessed by the corresponding national authority designated by the Industrial Property Directorate for
each specific branch of activity, which shall produce a corresponding report.
A compulsory licence may not be exclusive, may not be assigned or sub-licensed and may
only be transferred with the enterprise or establishment or with that part of the enterprise or
establishment which exploits the licence.
Licences shall be granted predominantly for the supply of the domestic market.
The holder of a compulsory licence or his successor-in-title may bring legal proceedings, in
his own name, against infringers of the patent.  The holder of the patent shall receive prior notification
of this action and shall have the option to join the proceedings.
Article 49.  Grant of a compulsory licence.  The decision to grant a compulsory licence shall
stipulate, where appropriate:
(a) The scope of the licence, including its duration and the acts for which it is granted,
which shall be limited to the purposes for which it was sought;
(b) the amount and method of payment of the remuneration due to the patent holder.  For
the purposes of determining the amount, the circumstances of the case, the economic
value of the licence and the average royalties paid in the sector concerned under
commercial licensing agreements between independent parties shall be taken into
account;  and
(c) the conditions necessary for the licence to fulfil its purpose.IP/C/W/231
Page 55
If the patent protects semiconductor technology, use shall be authorized only in accordance
with the provisions of subparagraph (a) of the preceding paragraph and only for public non-
commercial use.
Once a compulsory licence has been granted, the patent holder shall be obliged to provide the
licensee with all the information necessary to  exploit the subject-matter of the licence.
Article 50.  Revocation and modification of a compulsory licence.  A compulsory licence may
be revoked, in whole or in part, by the judicial authority, at the request of any interested party, if the
beneficiary of the licence does not fulfil his obligations or if the circumstances which led to the
granting of the licence cease to exist and are unlikely to  recur.  In this latter case, the judicial authority
may take the steps necessary to provide adequate protection for the legitimate interests of the licenseeaffected by the revocation.
A compulsory licence may be modified by the judicial authority, at the request of an
interested party, if justified by new facts or circumstances, and in particular if the patent holder has
granted contractual licences on terms more favourable than those accorded to the beneficiary of thecompulsory licence.
20. Please indicate the number of compulsory licences issued under Paraguay's patent law
in each of the last five years.
No compulsory licence has been granted in the last five years.
21. Article 33 of the TRIPS Agreement requires that patents have a term of protection that
does not end before a period of 20 years measured from the date of filing.  Please describe the
term of protection for patents available under Paraguay's patent law and indicate if there is anyvariation in that term, based upon the area of technology to which the patent relates.  If so,
please indicate what the variations are and for what technologies and describe Paraguay's plans
to bring its law into compliance with Articl e 27.1, which prohibits discrimination in the
enjoyment of patent rights based on the field of technology.
Patents have a term of protection of 20 years from the filing date.
22. Please verify that the terms of all patents in existence in Paraguay on 1 January 2000,
will not end before the expiration a period of twenty years measured from the date of filing.
The Constitution of the Republic of Paraguay establishes the principle of non-retroactivity of
laws except for those of a criminal nature that favour the defendant.  Therefore patents granted underthe new law will have a term of 20 years.
23. Please describe in detail any limited exceptions to patent rights that exist under
Paraguay's laws and indicate what safeguards are used to ensure that such limited exceptions
do not unreasonably conflict with a normal exploitation of the patent and do not unreasonablyprejudice the legitimate interests of the pate nt owner, taking into account the legitimate
interests of third parties.
The only exceptions to the subject-matter protected by patents are those for which Article 5 of
the Patent Law provides.
Article 5.  Subject-matter excluded from patent protection.  The following subject-matter is
excluded from patent protection:IP/C/W/231
Page 56
(a) Inventions whose commercial exploitation must be prevented in order to protect
public order or morality, protect human, animal or plant life or health or to avoid
serious prejudice to the environment;  and
(b) plants and animals other than micro-organisms, and essentially biological processes
for the production of plants or animals ot her than non-biological and micro-biological
processes.
Products or processes included in the state of the art, within the meaning of this Law, may not
form the subject-matter of a new patent merely because  they have been put to a use different from that
contemplated by the initial patent.
International treaties rank above the laws of the Republic and take precedence over them.
This is the safeguard which ensures that there will be no conflict with the normal exploitation of the
patent and no prejudice to the legitimate interests of the owner or third parties.
In the Paraguayan legislation on the protection of new plant varieties, the existing exception is
established by Articles 34 and 36  of Law No. 385/94, which read:
Article 34.  The protection of a cultivar shall not prevent third parties from using it for
experimental purposes or for creating a new cultivar, which may be registered in the name of its
creator without the consent of the breeder of the original cultivar used to obtain it, provided that theoriginal cultivar is not used permanently to produce the new one.
Article 36.  The Ministry of Agriculture and Livestock, at the proposal of the Seeds
Directorate and subject to the opinion of the National Seeds Council, shall declare the protected
cultivar of "limited public use" if this is found necessary to ensure an adequate supply of seeds, andthe breeder is not satisfactorily meeting public needs.  The proposal shall include the duration of the
limited use declaration.  If necessary, this period may be extended by a new resolution, in accordance
with the procedure laid down in this Article.
Article 9 of Law No. 988/96:  Limitation on the exercise of protected rights, which reads:The free exercise of the exclusive right granted to the breeder may be limited only for reasons
of public interest.
When this limitation is imposed to ensure the dissemination of the variety, the interested State
of the Union shall adopt all the measures necessary for the breeder to receive fair remuneration.
Article 5 of Law No. 988/96:  Protected Righ ts:  Scope of protection, subparagraph 3, which
reads:
It shall not be necessary to obtain the author ization of the breeder to use the variety as an
initial source of variation with a view to the creation of other varieties nor for marketing the latter.On the other hand, such authorization shall be required if it is necessary to make repeated use of the
variety for the commercial production of the other variety.
Article 22 of Decree 7797/00, which reads:  Th e declaration of "Limited Public Use" of a
cultivar provided for in Article 36 of Law No. 385/94 shall have effect for a period of not more thantwo (2) years.  This period may be extended by another period of equal length only by means of a new
reasoned resolution of the Ministry of Agriculture and Livestock, subject to the opinion of the
National Seeds Commission (CONASE).IP/C/W/231
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24. Please describe in detail the manner in which plant varieties are protected under
Paraguay's laws and cite to the relevant provisions.
In Paraguay, plant varieties are protected by Law No.385/94 on Seeds and Protection of
Cultivars (Chapter IV, National Registry of Protected Cultivars).
Article 22.  The National Registry of Protected Cultivars is hereby established within the
Seeds Directorate for the purpose of safeguarding breeders' rights.
Article 23.  The rights of the breeder consist in the production and marketing of seed of the
protected variety being subject to the prior author ization of the breeder, except in the circumstances
envisaged in Article 37.  The authorization granted by the breeder shall be communicated by the latterto the Seeds Directorate.
Article 24.  Varieties and lines of the following species are protected by this Law:  Cotton
(Gossypium spp), rice (Oriza sativa L.), canola (Brassica napus), sunflower (Helianthus annus L.),
maize (Zea mays L.), soya (Glycine max (L.) MERRIL), sorghum (Sorghum spp.) and wheat(Triticum spp.).  The species mentioned in this Article may be included in the Register by resolution
of the Ministry of Agriculture and Livestock, at the proposal of the Seeds Directorate, subject to a
report by the Cultivar Qualification Technical Committee, in so far as the needs of national
agriculture so require.
Article 25.  Cultivars may be registered in the National Register of Protected  Cultivars if they
meet the requirements laid down in Article 12 and, moreover, fulfil the condition of:
Novelty:  A variety shall not be deemed to be new for the purposes of this Law if prior to the
filing of the registration application it has been sold or disposed of to third parties by or with theconsent of the breeder within the national territory, or within the territory of another State has been
sold or disposed of to third parties by or with the consent of the breeder for more than six years prior
to the filing of the registration application in the case of vines, forest trees, fruit trees and ornamental
trees or more than four years in the case of other species.
Varieties disposed of to third parties for trial purposes shall not affect the right of the breeder
to protection.
Article 26.  For registration in the National Register of Protected Cultivars the cultivar must
have a unique denomination that enables it to be distinguished from any other.  The denomination
may not consist solely of numbers or be a source of error or confusion with respect to the
characteristics of the cultivar or the identity of the breeder.  Other requirements relating to thedenomination shall be specified in the regulations.
Article 28.  The denomination of a protected va riety may not be the subject of a trademark.
This shall not prevent the breeder from adding a trademark to the denomination of a variety for
marketing purposes.
The names of varieties that enter into public use shall have this same character, even in cases
in which they are registered as trademarks.
Article 29.  The request for registration in the National Register of Protected Cultivars shall
have the character of a sworn statement and must be endorsed by an agricultural or forestry engineer
with a national or validated degree, enrolled in the National Register of Agricultural and Forestry
Engineers.  It shall list the requirements mentioned in Articles 12 and 25 and indicate the progenitors
of the new cultivar.  The other requirements of the application shall be specified in the regulations.IP/C/W/231
Page 58
Article 30.  The Technical Committees referred to in Article 16 shall assess the cultivars
whose registration is requested by verifying and/or ascertaining compliance with the requirements of
Articles 12 and 25.
If the assessment is favourable, the Ministry of  Agriculture and Livestock, at the proposal of
the Seeds Directorate, shall grant a breeder's certificate valid for 15 to 20 years, depending on the
species or group of species and in accordance with the regulations.  The certificate shall include the
dates of issue and expiry.
The Seeds Directorate may, if it thinks fit, cultivate the variety or carry out other necessary
tests or take into account the results of cultivation trials and other tests already carried out for thepurpose of confirming compliance with Articles 12 and 25.  Moreover it may require the breeder to
provided any necessary information, document or  material, which must be available to the
implementing authority as long as the breeder's certificate remains in effect.
Under Decree No. 7797/2000:Article 16.  The variety denomination (Article 26 of Law No. 385/94) shall be different from
any denomination designating a pre-existing variety of the same botanical species or a similar species.
In the event of it being registered in another State, whether in a register of protected varieties
or in a register or list of varieties suitable for marketing, the denomination proposed for the variety
must be identical.
The proposed denomination shall not infringe the prior rights of third parties.  If, under a prior
right, a person who is obliged to use a variety denomination is prohibited from using it, DISE shallrequire the breeder to propose another denomination for the variety within not more than thirty (30)
days of being notified of the rejection.
If the proposed denomination is found not to satisfy the requirements mentioned in this
Article, DISE shall refuse to register it and shall require the breeder to propose another denomination
within the time-limit previously indicated.
Article 17.  The application and registration in the National Register of Protected Cultivars
(Article 29 of Law No. 385/94) shall have the char acter of a sworn statement and shall comply with
the following requirements:
Name, identity number and address of the plant improver, if a person.  Name and address of
the breeder and his national representative legally registered in the country, where appropriate.
Common and scientific names of the species.  Proposed name of the variety.  Establishment and place
where the variety was bred.
The description shall include the morphological, physiological, sanitary, penological,
phytochemical and industrial or technological characteristics that enable identification.  It shall be
accompanied by drawings, photographs or any other technical element generally accepted for
illustrating the morphological aspects.
Justification of novelty, indicating the date of commencement of marketing of the variety in
the country or abroad.
Justification of distinctiveness, indicating the reasons why the variety is considered new and
unprecedented, and different from existing varieties.IP/C/W/231
Page 59
Verification of stability, the date on which the variety was multiplied for the first time as
such, with confirmation of its stability or durability.
Indication of the progenitors of the new cultivar.The origin, domestic or foreign, and in the latter case the country of origin, the date of
registration of the cultivar in the ownership register of the country of origin and a copy of the
corresponding certificate of ownership.
The mechanism of reproduction or propagation.
Additional information on the species as required under DISE regulations.
All documentation submitted with the application shall be certified by the competent
authority and, in the case of documents of foreign origin authorizing the exercise of a particular kind
of right inherent in the variety whose registration is  requested (certificates, powers, contracts, etc.),
accompanied by a translation made by an approved public translator, Paraguayan consular
certification of the country of origin and appropriate authentication.
Once the Ministry of Agriculture and Livestock has taken a favourable registration decision,
DISE shall proceed to register the cultivar in the RNCP and shall grant a breeder's certificate, subject
to payment by the interested party of the application and registration fees specified in Article 1 (b) of
Decree 19.975/98 and these Regulations, together with  the annual maintenance fee stipulated in that
Decree.
Through DISE, the Ministry of Agriculture and Livestock shall issue procedural rules for the
registration of cultivars in the corresponding Register.
The rules to be issued shall not affect the right of third parties to raise objections, as they
think fit.
Law No. 988/96 approving the International Convention for the Protection of New Varieties
of Plants (UPOV, Act of 1978).
Statistics on the Protection of Cultivars
Protected Varieties
Species Varieties Year Origin
2 1997 Domestic Soya
3 2000 Foreign
1 1999 Domestic Cotton
1 1999 Foreign
Forage 4 2000 Domestic
Tomatoes 1 2000 DomesticIP/C/W/231
Page 60
Applications Being Processed
Species Varieties Origin
Soya 14 Foreign
Wheat 3 Domestic
Cotton 5 Foreign
Applications Rejected
Species Varieties Year Origin
Cotton 2 1999 Argentina
G. LAYOUT DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
25. Please describe how Paraguay implements the obligations of Section 6, Part II of the
TRIPS Agreement and cite to relevant provisions of law.
The national government is preparing a draft law which will be submitted to the National
Congress for consideration and approval as soon as possible.  This is part of the process of
modernizing the intellectual property legisl ation and adapting it to the TRIPS Agreement.
H. PROTECTION OF UNDISCLOSED INFORMATION
26. Paragraph 2 of Article 39 of the TRIPS Agreement requires Members to provide
protection for all undisclosed information, including technical know-how and commercial
information, which meets certain criteria.  This protection must endure as long has theconditions identified in paragraph 2 of Article 39 are met and protection cannot be conditioned
on registration.  Please explain how Paraguay fu lfils this obligation and cite to the relevant
provisions of law.
The national Government is preparing a draft law that provides for the protection of
undisclosed information.  Pending the approval of this  law, which is consistent with the provisions of
Section 7 "Protection of Undisclosed Information, Article 39 of the TRIPS Agreement, the said
provisions will be applied in keeping with the constitutional status accorded to international treatiesand agreements.
27. Please describe in detail the measures that can be taken by judicial authorities in
Paraguay to protect the confidentiality of undisclosed information furnished by a party to the
court during legal proceedings, as required by Article 42 of the TRIPS Agreement, when theinformation has been provided either to enfor ce rights in such information, or for other
purposes.
See the response to question 26.IP/C/W/231
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28. Paragraph 3 of Article 39 of the TRIPS Agreement requires that Members protect
certain test data associated with requests to obtain approval to market pharmaceutical and
agricultural chemical products from disclosure and from "unfair commercial use."  Please
explain how Paraguay implements this obligation,  and in particular, please explain procedures
if any have been implemented to give practical effect to this obligation.
See the response to question 26.
29. Please explain in detail how Paraguay protects against disclosure test and other data
submitted to obtain marketing approval for ph armaceutical and agricultural chemical products
and cite to the relevant provisions of law.
See the response to question 26.
I. ENFORCEMENT
30. Please describe in detail what civil actions and what civil remedies are available under
Paraguay's laws to right holders of each kind of intellectual property covered by Part II of the
TRIPS Agreement, including plant variety protectio n, that permit effective action against any
act of infringement to prevent infringement and deter further infringement, and cite to theprovisions of law providing for those remedies.
Industrial designs
Law 868 – Chapter VIII
Article 32.  "Without prejudice to petition for amparo , the holder of a registration has a right
of action against anyone who improperly exploits it, industrially or commercially.  The action shall be
brought before the Commercial Court, for cessa tion of exploitation and the award of damages".
Copyright and related rights
Law 1328/98, Chapter I "Civil Action and Procedure"Article 157.  Any dispute that arises in connection with the implementation of this Law shall,
where no other procedure has been provided for, be investigated and settled in accordance with the
provisions of Title XII, on summary proceedings, of the Civil Procedure Code.
The Civil Procedure Code [ Código Procesal Civil ] shall apply subsidiarily in all matters not
provided for in this Chapter.
Article 158.  The owners of any of the rights recognized by this Law, or their representatives
or the collective management bodies concerned, may without prejudice to such other actions as maybe available to them, seek the cessation of the unlawful activity of an infringer and demand
compensation for the material and moral damage caused by the violation, or the surrender of the
profits made by the infringer through the unlawful act, and the payment of procedural costs.
The compensation for material damage and prejudice shall include not only the amount that
should have been charged for the grant of the authorization, but also a minimum surcharge
corresponding to 100% (one hundred per cent) of the said amount, except where the aggrieved party
proves the existence of a greater prejudice, due account being taken of the income generated by the
infringer through the commission of the unlawful act.IP/C/W/231
Page 62
Article 159.  Cessation of the unlawful activity may include the following:
Suspension of the infringing activity;prohibition of the infringer from resuming that activity;withdrawal from the market and de struction of the unlawful copies;
the disablement of moulds, plates, matrices, negatives and other material intended exclusively
for the reproduction of unlawful copies, and where necessary, the destruction of such
materials;
the removal of equipment used for the unauthorized communication to the public.
The court may likewise order the publication of the declaratory portion of the sentence, at the
infringer's expense, in one or more periodicals.
Article 160.  The court, at the request of the National Directorate of Copyright, the owner of
the rights concerned, his representative or the corresponding management body, shall order the
immediate implementation of the necessary precautionary measures to prevent the commission of the
infringement or the continuation or repetition of a violation already committed, including the
following in particular:
Seizure of the revenue derived from the unlawful activity or, where appropriate, the amounts
payable in remuneration;
immediate suspension of the unlawful manufacturing, reproduction, distribution,
communication or importation activity, as the case may be; confiscation of the copies
produced or used and of the material or equipment used for the infringing activity.
The precautionary measures provided for in this provision shall not preclude the adoption of
others provided for in ordinary legislation.
Article 161.  The precautionary measures referred to in the foregoing Article shall be granted
by the judicial authority provided that evidence is given of the necessity of the measure or proof filed
that constitutes at least a presumption of the alleged violation of rights, without any counter-security
having to be provided.
The necessity of the measure or presumption of the alleged violation of rights may also arise
from the visual inspection that the court may order as a preparatory measure on the site of the
infringement.
Article 162.  The precautionary measures mentioned in the foregoing Article shall be lifted by
the judicial authority where:
The person against whom the measure has been ordered provides security that is considered
sufficient by the court to guarantee the results of the proceedings, and the appeal has no
staying effect;
the party applying for the measures does not provide evidence of having started the procedure
leading to a decision on the merits of the case within a period of 30 consecutive days from
their having been ordered or implemented.IP/C/W/231
Page 63
Article 163.  The preventive measures provided for in the foregoing Article shall be applied
without prejudice to the obligation on the Directorate General of Customs to proceed with the seizure
at the border of all copies constituting a violation of any of the rights provided for in this Law, and to
suspend the free circulation of such material when attempts are made to import  it into the territory of
the Republic.
The seizure measures shall not apply to a copy having no commercial character that is carried
in personal baggage.
Article 164.  Owners of copyright may exercise all the rights relating to civil actions and
procedures provided for in this Chapter against a person who possesses, uses, designs, manufactures,
imports, exports or distributes, whether by sale, rental, lending or other means, any device orcomputer program, or against a person who offers or renders a service whose purpose or effect is to
permit or facilitate the avoidance of coding technology.
Trademarks
Article 84.  Owners of the right to exclusive use of a registered mark or trade name may bring
proceedings before the judicial authorities against any person who infringes their right.  The following
shall constitute infringement of the right of the owner of a registered mark:
Affixing or placing a mark or similar distinctive sign on products for which the mark has been
registered or on products related to the services for which the mark has been registered, or on
containers, wrapping, or packaging for such products;
removing  or altering the mark for commercial purposes after it has been affixed or placed on
the products;
manufacturing labels, containers, wrapping or other materials which reproduce or contain the
mark or trade name, and marketing or possessing such materials;
filling or reusing containers, wrapping or packaging bearing the mark or trade name for
commercial purposes;
using in trade an identical or similar sign to the mark or trade name for any products or
services if such use may cause confusion or a risk of association with the owner of the
registration;
using in trade an identical or similar sign  to the mark or trade  name for any products,
services or activities if they might cause unjust economic or commercial prejudice to the
owner because they weaken the distinctive char acter or the commercial or advertising value
of the sign or take undue advantage of the reputation of the sign or its owner;  and
publicly using an identical or similar sign to the mark or trade name, even for non-
commercial purposes, if this might weaken the distinctive character or the commercial or
advertising value of the sign or take undue advantage of its reputation.
Article 85.  The final judgement in a case of infringement may order that the following
measures be taken inter alia :
Cessation of acts constituting the infringement;payment of costs and court costs, as well as compensation for damages;IP/C/W/231
Page 64
the attachment or confiscation of the infringing products, including containers, wrapping,
labels, printing or advertising material and other materials resulting from the infringement, as
well as materials and devices mainly used to commit the infringements;
a ban on the import or export of the infringing products, materials or devices;  and
the measures required to prevent the continuation or repetition of the infringement, including
the destruction of the products, materials or devices used for this purpose, and a minimum
fine of 500 to 2,000 days wages to be paid to the Industrial Property Directorate.
Article 86.  For the products bearing a falsified mark, the simple deletion or removal of the
mark shall not suffice to allow these products to be put on sale.
Article 87.  At any time during the proceedings, the competent judicial authority may order
the defendant to furnish information in his possession concerning persons who have taken part in
producing or marketing the infringing products or services.
Article 88.  The limitation period for action for infringement shall be two years after the
owner has been reliably informed of the infringement  or four years after the latest infringement was
committed.
Patents
Article 73.  Civil action for claiming patent rights.  Where a patent or utility model has been
applied for or obtained by someone having no right to obtain it, or to the detriment of another party
who also possesses that right, the party affected may claim the right from the competent judicialauthority and request that the application being processed or the patent be transferred to him or that he
be recognized as co-applicant or co-owner of the right.  The award of damages may be requested in
the same action.
The right of action shall lapse ten years after the date of granting of the patent or two years
from the date of first exploitation of the invention or utility model in the country, whichever period
expires first.  Where the patent was obtained in bad faith, the right of action shall not lapse.
Article 74.  Civil action for infringement of pate nt rights.  The holder of a patent may bring
the appropriate action before the competent judicial authority against anyone acting in violation of the
rights deriving therefrom as established in Article 33 of this Law.
In case of co-ownership, anyone of the co-owners may bring action for patent infringement
without having to obtain the consent of the other parties, unless otherwise agreed among the co-
owners.
Protection of cultivars
With respect to action to prevent and suppress infringements of breeders' right, Chapter X on
Infringements and Sanctions of Law No. 385/94 specifies the breeder's rights in the event of an
infringement and the monetary penalties to be applied by the administrative authority.  Specifically, in
the preamble to Law No. 385/94 on Seeds and the Protection of Cultivars it is stated that the rules ofthe Civil Code shall be applicable.  The text of the latter contains the civil and commercial rules on
infringements of breeders' rights, including the general rules on the award of damages.IP/C/W/231
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31. Please state whether decisions on the merit in  court proceedings are provided in writing
and if those written opinions are available to the public so that people can become familiar with
the law.
Court decisions are always in writing.  In accordance with the New Penal Code and the New
Code of Criminal Procedure, introduced in March 2000, proceedings are oral and public.  Inaccordance with Transition Law 1.444/99, with respect to precautionary measures, indemnification
settlements, accelerated procedure and additional stay of proceedings are put partially into effect in
the Code of Criminal Procedure.
Under the New Code of Criminal Procedure conciliation will enter into effect (Article 311).Decisions are provided in writing and are public.  Access to these decisions is available to
everyone.
32. Please describe what civil provisional measures are available to right holders under
Paraguay's laws, describe the procedures that must be followed and cite the relevant provisions
of law.
Industrial models
Articles 34, 35, 36, 37 and 38 of Chapter VIII
Article 34.  "Articles or parts thereof incorporat ing industrial designs found to be in violation
by the courts shall be destroyed, unless the owner of the registered design agrees to take them at cost
to set against the amount due by way of indemnifica tion and restitution.  Destruction and seizure shall
not extend to goods delivered by the infringer to buyers in good faith".
Article 35.  "The offences listed in Article 33 shall be privately prosecutable.  No civil or
criminal action may proceed unless the initial complaint is accompanied by the certificate of
registration of the design invoked as the basis for the civil or criminal action".
Article 36.  "As a preliminary measure prior to the institution of court proceedings and as
proof of the illegal act, the owner of a design regi stration who has knowledge that in a shop, factory or
other premises designs which he owns are being exploited for industrial or commercial purposes may
request the court, having posted sufficient security, to seize a copy of the infringing articles.
The court shall issue the relevant order within 24 hours and shall appoint a bailiff to make the
seizure; at the same time a detailed inventory shall be taken of the articles found to be in violation."
Article 37.  "If the holder of these articles is not the manufacturer thereof, he shall provide the
owner of the design with such explanations as may be necessary to enable him to take legal action
against the illegal manufacturer.  If the holder should refuse to provide such information or should
provide false or misleading information, such holder may not thereafter allege good faith."
Article 38.  "If the defendant should express the desire to continue industrial or commercial
exploitation of the design in dispute, the plaintiff may initiate a separate action to demand the posting
of security to allow such exploitation to proceed without interruption.  If no such security is posted,
the plaintiff may petition for the suspension of exploitation and the attachment of any questionable
articles in the possession of the defendant, provided he posts real-property security in the amount to
be determined by the court taking into consideration the value of the goods involved."IP/C/W/231
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Trademarks
Law 1294, Chapter I - Civil and Criminal Proceedings for Infringement, Articles 85, 86 and
87.
Article 85.  The final judgement in a case of infringement may order that the following
measures be taken inter alia :
Cessation of acts constituting the infringement;Payment of costs and court costs; as well as compensation for damages;
The attachment or confiscation of the infringing products, including containers, wrapping,
labels, printing or advertising material and other materials resulting from the infringement, as
well as materials and devices mainly used to commit the infringement;
A ban on the import or export of the infringing products, materials or devices;  andThe measures required to prevent the continuation or repetition of the infringement, including
the destruction of the products, materials or devices used for this purpose, and a minimum
fine of 500 to 2,000 days' wages to be paid to the Industrial Property Directorate:
Article 86.  For products bearing a falsified mark, the simple deletion or removal of the mark
shall not suffice to allow these products to be put on sale.
Article 87.  At any time during the proceedings, the competent judicial authority may order
the defendant to furnish information in his possession concerning persons who have taken part inproducing or marketing the infringing products or services.
Copyright and related rights
Law 1328/98, Title XIV – Judicial Action and Procedure, Articles 159, 160, 161 and 162.Article 159.  Cessation of the unlawful activity may include the following:Suspension of the infringing activity;prohibition of the infringer from resuming that activity;
withdrawal from the market and de struction of the unlawful copies;
the disablement of moulds, plates, matrices, negatives and other material intended exclusively
for the reproduction of unlawful copies and, where necessary, the destruction of such
material;
the removal of the equipment used for the unauthorized communication to the public.The court may likewise order the publication of the declaratory portion of the sentence, at the
infringer's expense, in one or more periodicals.
Article 160.  The court, at the request of the National Directorate of Copyright, the owner of
the rights concerned, his representative or the corresponding management body, shall order the
immediate implementation of the necessary precautionary measures to prevent the commission of theIP/C/W/231
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infringement or the continuation or repetition of a violation already committed, including the
following in particular:
Seizure of the revenue derived from the unlawful activity or, where appropriate, the amounts
payable in remuneration;
immediate suspension of the unlawful manufacturing, reproduction, distribution,
communication or importation activity, as the case may be;
confiscation of the copies produced or used and of the material or equipment used for the
infringing activity;
the precautionary measures provided for in this provision shall not preclude the adoption of
others provided for in ordinary legislation.
Article 161.  The precautionary measures referred to in the foregoing Article shall be granted
be the judicial authority provided that evidence is given of the necessity of the measure or proof filedthat constitutes at least a presumption of the alleged violation of rights, without any counter-security
having to be provided.
The necessity of the measure or presumption of the alleged violation of rights may also arise
from the visual inspection that the court may order as a preparatory measure on the site of theinfringement.
Article 162.  The precautionary measures mentioned in the foregoing Article shall be lifted by
the judicial authority where:
The person against whom the measure has been ordered provides security that is considered
sufficient by the court to guarantee the results of the proceedings, and the appeal has no staying effect;
the party applying for the measures does not provide evidence of having started the procedure leading
to a decision on the merits of the case within a period of 30 consecutive days from their having been
ordered or implemented.
Patents
Chapter 3 - Provisional measures, Articles 80, 81 and 82.Article 80.  Adoption of provisional measures.  In judicial proceeding for patent infringement,
at the request of a party and if the application is prima facie  plausible, the court may order provisional
measures for the purpose of preventing further injury, obtaining or preserving evidence, ensuring the
effectiveness of the action and compensation for in jury, and preventing other infringements.  The
applicant shall provide proper security for the provisional measures requested.  The party affected
may continue production subject to the provision of security or other sufficient assurance.
Provisional measures may be requested before, after or upon bringing the action.
Provisional measures include:(a) Immediate cessation of the acts that constitute the infringement;(b) attachment or confiscation of the products resulting from the infringement and of the
materials and means used predominantly for committing the infringement;IP/C/W/231
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(c) suspension of the importation or exportation of the products, materials or means
referred to in subparagraph (b).
At any moment during the proceedings, the competent judicial authority may order the
defendant to provide any information he may have concerning persons involved in the production ormarketing of the infringing products or processes.
Article 81.  Guarantees and conditions relating to provisional measures.  A provisional
measure shall only be ordered if the applicant can prove his lawful right to act and the existence of the
right infringed and provide evidence that reliably supports a presumption of infringement or the
imminence thereof.  The court may require the pe rson requesting the measure to provide security or
sufficient assurance before ordering the measure.
Anyone requesting a provisional measure in respect of particular goods shall provide the
information necessary and a description sufficiently precise to enable the goods to be identified.
Code of Civil Procedure - Provisional Measures and Counter-Security, Articles 691 to 730.Article 691.  TIMELINESS.  Provisional measures may be requested before or after an action
is brought, unless it follows from the law that an action must be brought first.
Article 692.  POWERS OF THE COURT.  To prevent the owner of the goods suffering
unnecessary injury or inconvenience the court may order a provisional measure different from that
requested or limit the measure, taking into account the importance and nature of the right it is
intended to protect.
Article 694.  ENFORCEMENT AND APPEAL.  Once a provisional measure has been
ordered, it shall be enforced without further formalities and without it being necessary to hear the
opposing party, who in any case shall be notified, personally or by cedula , within three days of its
execution.
Decisions granting provisional measures shall be appealable without suspensive effect.  Those
ending provisional measures shall also be appealable but with suspensive effect.
Article 695.  AUTHORIZATION TO REQUEST THE ASSISTANCE OF THE POLICE
AND SEARCH PREMISES.  The order issued by the court to ensure the enforcement of a provisional
measure shall authorize the officials responsible for enforcing it to seek the assistance of the police
and search premises, in the event of resistance.
Article 696.  MODIFICATION.  The person requesting the measure may ask for the
provisional measure ordered to be extended, improved or replaced, if it can be shown that it does not
properly provide the intended protection.
Article 697.  PROVISIONAL NATURE.  Provisiona l measures shall continue in effect only
as long as the circumstances which justify them continue to exist.  Whenever these circumstances
cease to exist, the lifting of the measure may be requested.
Article 698.  REPLACEMENT OR REDUCTION AT THE REQUEST OF A PARTY.  At
any time the person affected may request that a provisional measure be reduced or replaced byanother if the measure ordered is excessive or vexatious.  It shall also be possible to provide security
sufficient to avoid any of the provisional measures governed by this Code or to have such measure
lifted immediately.  This security shall consist of a deposit, bond, pledge or other equivalent
assurance.IP/C/W/231
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Article 699.  INDUSTRIAL OR COMMERCIAL ESTABLISHMENTS.  If the measure
concerns movables, goods or raw materials necessary for the operation of commercial, industrial or
related establishments, the court may authorize, without further formalities, such action as may be
necessary to avoid jeopardizing the marketing or manufacturing process.
Article 700.  INITIATION OF PROCEEDINGS.  Provisional measures ordered and made
effective before trial shall lapse automatically by law if, in the case of an enforceable obligation, a
complaint is not filed within ten days of execution.  Whoever obtained the measure shall be liable for
the costs and any damage or injury caused and the measure may not be requested again on the same
grounds.
Article 701.  LAPSE.  Registrable provisional measures shall expire automatically by law five
years after their registration in the corresponding register, unless, at the request of a party, they are
reregistered before the expiry of the term, by order of the court hearing the case.
Article 702.  LIABILITY.  Without prejudice to the provisions of Article 700, if a provisional
measure is ordered lifted on any grounds which show that the applicant abused or exceeded his lawfulright to obtain it, the ruling shall order him to pay damages, if the other party so requests.
The amount of damages shall be determined under the summary hearing procedure.Article 703.  PROVISIONAL MEASURE ORDERED BY A COURT WITHOUT
JURISDICTION.  Courts shall, as a matter of cour se, refrain from ordering provisional measures in
cases over which they have no jurisdiction, but should they not do so the measure shall be valid
provided that it was ordered in accordance with the pr ovisions of this Code, without that signifying an
extension of the court's jurisdiction to hear any subsequent proceedings.
Article 704.  COUNTER-SECURITY.  The nature and amount of the security mentioned in
Article 693(c) as a condition for ordering a provisional measure shall be carefully assessed by the
court or tribunal, taking into account the degree of credibility of the right and the circumstances of the
case.
It may be provided by the party concerned or by a third party.
Article 705.  EXEMPTION FROM COUNTER-SECURITY.  Security shall not be required if
the measure was obtained by:
- The State, a department of government, a municipality or a person duly accredited, in
accordance with the provisions of the Civil Code or special laws;  or
- a person entitled to go to law free of cost or exempted from the obligation under this
Code.
Article 706.  INCREASED COUNTER-SECURITY.  At any stage of the proceedings, the
party against which a provisional measure has been applied may request that the security be increased,
by summarily proving that it is insufficient.  The court shall decide, subject to notification of the other
party.
Article 707.  APPLICABILITY.  Attachment may be requested by a creditor owed a debt in
money or in kind who finds himself in any of the following situations:
- The existence of the credit is confirmed by a public or private instrument attributed to
the debtor with summary attestation of the signature by two witnesses;IP/C/W/231
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- where the petition is based on a bilateral contract, its existence is demonstrated in the
same way as in the previous subparagraph, in which case it must also be shown,
summarily, that the petitioner has fulfilled the agreement, unless he offers to fulfil it
or is no longer bound by it;
- the debt is justified by commercial records kept in due and proper form by the
petitioner or derives from an agent's bill in accordance with his records, where such
records can be used as evidence;
- where the debt is subject to a suspensive condition or is not yet due, the petitioner
summarily shows that the debtor is endeavouring to dispose of, conceal or remove hisgoods or provided that he can show, in the same way, that for some reason his debtor
has become significantly less creditworthy since contracting the obligation.
Article 708.  OTHER CASES.  The following may also request attachment:
- A co-heir, joint owner or partner, may reque st preventive seizure of the assets of the
estate or jointly owned or partnership property, if the credibility of the right and the
risk involved in delay can be demonstrated and sufficient counter-security is
provided;
- the owner or main tenant of urban or rural property, whether or not there is a lease,
with respect to things subject to the privileges to which he is entitled by law.  He shall
attach to his petition the title deed or lease, if any, or notify the tenant in order that he
may make the necessary statements beforehand;
- a person recognized by law as having preferential claims on certain movables or
immovables, provided that the credit is substantiated in the manner laid down in
subparagraph (b) of the preceding Article;
- a person who has to file suit for recovery of possession, to claim an inheritance, to
break a will or for fictitious disposal in respect of the subject of the petition, during
the proceedings, provided that documents confirming the credibility of the claim areproduced;  and
- a purchaser requesting the enforcement of a contract of sale, in respect of the goods
forming the subject of the contract, if the right is credible.
Article 709.  PROCEEDINGS IN PROGRESS.  Du ring the proceedings, attachment may be
ordered:
- If one of the parties has been declared to be in default, in the circumstances of
Article 72;
- provided that the credibility of the right is the result of direct admission or implied
confession or arises from the answer to the complaint or counter-claim;  and
- where the petitioner has obtained a favourable ruling, even if it has been appealed.In these cases, counter-security shall not be required.IP/C/W/231
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Article 710.  MODE OF EXECUTION.  Where g oods have to be attached, the attachment
shall be carried out in the manner prescribed in the executory process.  It shall be restricted to the
goods necessary to cover the debt claimed and costs.
Until the property attached has been ordered confiscated or taken into receivership, the debtor
may continue to make normal use of it.
Article 711.  SUSPENSION.  The execution of the attachment may be suspended only if the
debtor hands over the sum specified in the order.
Article 712.  DEPOSIT.  The goods attached shall be deposited at the disposal of the court,
but in the case of chattels in the home of the person whose goods are attached, the latter shall alwaysbe made the depositary thereof, unless, in special circumstances, this is not possible.
Article 713.  OBLIGATIONS OF THE DEPOSITA RY.  The depositary of attached goods
must place them at the disposal of the court within two days of having been served notice.  If he fails
to do so, without good reason, the judge shall refer the case to the criminal jurisdiction.
Article 714.  PRIORITY OF THE FIRST ATTACH ER.  A creditor who has obtained the
attachment of his debtor's goods, not assigned to credits secured by lien, shall have the right to collect
the whole of his credit, interest and costs with priority over other creditors, except in the case of
bankruptcy.
Subsequent attachments shall only concern the balance that remains after payment of the
debts relating to previous attachments.
Article 715.  EFFECT.  Acts of disposal of the attached goods shall not have effects
prejudicial to the attaching creditor and the creditors joined in the execution, except for the effects of
bona fide  possession in respect of movables not recorded in public registers.
Article 716.  NON-ATTACHABLE GOODS.  The following may never be attached:- The beds of the debtor, his wife and children, clothing and essential household goods,
including refrigerators, stoves, fans, radios, television sets or family musicalinstruments, sewing and washing machines, and tools of the trade, unless the credit
corresponds to the selling price thereof;
- tombs, unless the credit corresponds to the selling price, or to the price of building the
tomb or supplying the materials;
- more than 25 per cent of professional fees, commissions, salaries, wages and
pensions, unless otherwise provided by special laws;
- claims for alimony and legal costs;- public property and revenue;  and- other goods exempted from attachment by law.
The goods listed may not be subject to execution.
No other goods shall be exempted.IP/C/W/231
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Article 717.  LIFTING OF THE ORDER EX OFFICIO AT ANY TIME.  If any of the goods
listed in the preceding Article are improperly attached, the attachment may be released, at the request
of the debtor, his wife or children, as well as ex officio, even though the corresponding order has been
issued.
Article 718.  APPLICABILITY.  In all cases in which, an attachment order having been
issued, it cannot be made effective because the debtor is not known to have goods or those goods do
not cover the amount of the claim, the creditor may request that the debtor be generally prohibited
from disposing of or encumbering his goods.  The measure shall be entered in the corresponding
register.
Article 719.  EFFECTS.  The prohibition shall only have effect from the date of registration.
It shall not confer priority over subsequent registrations.
While the restraining order remains in effect, the person subject thereto may not dispose of or
encumber goods which were in his possession at the time of the measure or which he may acquire
thereafter.
Article 720.  CESSATION OF THE MEASURE.  The restraining order shall be cancelled if
the debtor produces sufficient goods for attachment or provides sufficient security.
Article 721.  APPLICABLILTY.  Movables or livestock forming the subject of the
proceeding may be sequestered, if necessary, to safeguard or preserve them so as to ensure the
effectiveness of the final judgement.  This shall also be permissible if attachment alone is not
sufficient to ensure the protection of the right invoked by the petitioner.
Article 722.  DEPOSITARY, REMUNERATION AND INVENTORY.  The court shall
appoint as depositary the person best suited for that purpose, shall fix his remuneration and shall order
an inventory, if necessary.
Article 723.  APPLICABLILITY.  Registration of a suit may be requested if it concerns the
ownership of immovables or other registrable goods  or the establishment, declaration, modification or
exhaustion of some real right or if actions are brought in connection with such goods, provided that
the right invoked is credible and the judgement must be enforced against third parties.  If the case is
dismissed, this measure shall lapse with the end of the proceedings.  If the claim is allowed, it shall be
maintained until the judgement has been enforced.
Article 724.  EFFECTS.  Once the action has been registered, the judgement in the
corresponding proceedings shall be effective against third parties, if the goods have been encumberedor disposed of, without those third parties being able to seek protection in the presumption of good
faith.
Article 725.  MAINTENANCE OF STATUS QUO.  In any type of proceedings.  A
prohibition may be placed on making changes, provided that:
- There is a risk that a change in the factual or legal situation might affect the
judgement or make its enforcement ineffectual or impossible;
- a precautionary effect cannot be obtained by means of any other provisional measure.Article 726.  PROHIBITION ON CONTRACTING.  A prohibition on making contracts with
respect to certain goods may be requested if appropriate under the law or a contract or necessary to
secure the enforcement of the judgment or the goods forming the subject of the action.  The judgeIP/C/W/231
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shall specify what constitutes the subject of the prohibition, ordering, in the case of  registrable goods,
that the measure be entered in the appropriate registers.  Moreover, interested parties and the third
parties mentioned by the petitioner shall be notified.
Article 727.  INTERVENTION.  If no other adequate provisional measure is available to
secure the rights it is intended to protect or the measure ordered proves ineffective, at the request of a
party, an administrator may be appointed to intervene in the management of a commercial
establishment, an industrial enterprise or liquid assets.
Article 728.  RECEIVERSHIP.  Receivership may be  ordered only at the request of a partner
or joint owner, provided that the following requirements are met:
- Proceedings have been initiated to remove the manager;  and
- there is risk in delay;Article 729.  POWERS OF THE ADMINISTRATOR OR RECEIVER.  The writ of
intervention shall establish the powers of the administrator which shall be limited to those strictly
necessary to secure the right it is intended to protect.
In the case of receivership, the court shall determine the powers of the receiver, taking into
account the nature of the business and the circumstances of the case.  The person appointed should be,as far as possible, someone familiar with the branch of business in which the company is engaged.
33. Please describe in detail the procedures under Paraguay's laws, at least with respect to
counterfeit trademarked goods and pirated copyrighted works, that allow right holders to
request customs authorities not to release goods into free circulation and cite to the relevant
provisions of law.  Please indicate if the cust oms authorities have ex officio authority to take
such action.
Copyright and related rights
Article 171.  The owner of the a right protected by this Law who has good reason to believe
that preparations are being made for the importation or exportation of goods that infringe those rights
may apply to the customs authority to have the said importation or exportation suspended at the time
of clearance.  The application and the order issued by the customs authority shall be subject to theconditions and guarantees applicable to precautionary measures.
Article 172.  Any person who applies for the institution of border measures shall provide the
customs authorities with the necessary information and a sufficiently accurate description of the
merchandise for it to be recognized.
Article 173.  When the applicable conditions have been met and guarantees provided, the
customs authority shall either order or refuse susp ension and inform the applicant accordingly.  The
decision of the customs authority shall not constitute a final judgment.
Article 174.  When suspension has been carried out, the customs authorities shall immediately
inform the importer or exporter of the merchandise and the party applying for the measure.
Article 175.  Where ten working days elapse from the time at which suspension has been
notified to the party applying for the measure without the latter having informed the customsauthorities that the appropriate court action has been initiated, or that the court has orderedIP/C/W/231
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precautionary measures to prolong the suspension, the latter shall be lifted and the merchandise held
shall be cleared.
Article 176.  Once the appropriate court action has been initiated, the party affected by it may
apply to the court for reconsideration of the suspension order, and shall be heard to that end.  Thecourt may decide to amend, revoke or confirm the suspension.
Article 177.  For the purposes of justifying the prolongation of the suspension of the
merchandise held by the customs authorities, or in support of a court action, the court shall allow the
owner of the rights to inspect the merchandise.  The importer or exporter shall have the same right.  In
allowing the inspection, the court shall make th e necessary arrangements for the confidential
information of any kind to be protected, where applicable.
Article 178.  Where evidence of an infringement has been found, the complainant shall be
informed of the name and address of the sender, importer or exporter and consignee of the
merchandise affected by the suspension order.
Article 179.  In the case of counterfeit goods that have been seized by the customs authorities,
neither the re-exportation of the goods in the same state nor the application of a different customs
procedure to them shall be allowed.
Trademarks
Article 100.  Owners of registered marks who have substantiated reasons for assuming that
the import or export of products infringing their rights is imminent may request the customs
authorities to suspend the import or export at the time of shipment.  The conditions and guarantees
applicable to precautionary measures shall also apply to such requests and orders.
Article 101.  Persons requesting the imposition of measures at the border shall furnish the
customs authorities with the information necessary and a sufficiently clear description of the goods to
allow them to be recognized.
Article 102.  After the applicable conditions and guarantees have been met, the customs
authorities shall order or reject suspension and shall notify the applicant accordingly.  The decision bythe customs authorities shall not constitute the final judgement.
Article 103. After suspension has been impose d, the customs authorities shall immediately
notify the importer or exporter of the goods and the person requesting the measure accordingly.
Article 104.  If, within ten working days computed from the date in which he was notified of
the suspension, the person requesting the measure has not informed the customs authorities that legal
proceedings for infringement have been initiated or that a judge has ordered precautionary measures
to extend the suspension, the suspension shall be lifted and the goods released.
Article 105.  Following initiation of the legal proceedings for infringement, the person
affected may request the judge to reconsider the suspension order and shall be given a hearing for this
purpose.  The judge may modify, annul or confirm the suspension.
Article 106.  In order to show cause for the extension of the suspension of the goods held by
the customs authorities or to justify the infringement proceedings, the judge shall allow the owner of
the right to inspect the goods.  The importer or exporter of the goods shall be given the same right.
When permitting inspection, the judge may take th e necessary steps to protect any confidential
information, where appropriate.IP/C/W/231
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Article 107.  When it has been proved that an offence has been committed, the name and
address of the consignor, the importer or exporter and the consignee of the goods shall be notified to
the plaintiff, together with the volume of the goods suspended.
Article 108.  Products bearing false marks which have been seized by the customs authorities
shall not be re-exported in the same state nor made subject to a different customs procedure.
Article 109.  Owners of registered marks may register the mark with the Directorate General
of Customs to allow the latter to verify the legitimacy of the products to be shipped.  The register of
the Directorate General of Customs shall be regulated by the Executive.
Article 110.  After a mark has been registered with the Directorate-General of Customs, the
owner may ask to be notified of requests for the shipment of products bearing the registered mark not
manufactured by him.  The owner may also require that the shipment of such products be suspended
until their legitimacy has been proved.
Article 111.  Registration with the Directorate General of Customs shall not be compulsory in
order to exercise any of the rights under this Law.
34. Please indicate whether border enforcemen t is available with regard to other forms of
intellectual property rights and cite to the relevant provisions of law.
The measures described in Article 33 apply to all infringements against any intellectual
property right.
35. Please describe in detail how Paraguay implements the remaining provisions of
Section 4 of Part III of the TRIPS Agreement, citing to the relevant provisions of law.
Patents
Article 83 of the Patent Law provides for provisional measures in accordance with the terms
of Article 50 of the TRIPS Agreement.
Trademarks
Articles 95, 96 and 97 provide for provisional measures in accordance with the terms of
Article 50 of the TRIPS Agreement.
36. Please describe in detail the criminal actions and remedies that are available under
Paraguay's laws with respect to counterfeit trademarked goods and pirated copyrighted works
and cite to the relevant provisions of law.
Copyright and related rights
Article 166.  A penalty of imprisonment for a term of six months to one year or a fine of 5 to
50 minimum salary units shall be imposed on a person who, having been authorized to publish a
work, does so fraudulently in one of the following ways:
- Without mentioning the name of the author, translator, adapter, compiler or arranger
on the copy;IP/C/W/231
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- by printing the name or additions or deletions that adversely affect the author's
reputation as such or that of the translator, adapter, compiler or arranger, as the case
may be;
- by publishing the work with abridgements, additions, deletions or any other changes
made without the consent of the owner of the rights;
- by publishing a number of works separately when authorization has been given for
them to be published together, or publishing them together when only their separate
publication has been authorized.
Article 167.  A penalty of imprisonment for a term of six months to three years or a fine of
100 to 200 minimum salary units shall be imposed in the following cases:
- Where a person improperly uses the title of a work in breach of Article 6 of this Law;- where a person makes an alteration to the work in violation of the provisions of
Article 30 of this work;
- where a person communicates to the public a work in violation of the provisions of
Article 27, an audiovisual recording provided for in Article 134 or a photographic
image provided for in Article 135 of this Law;
- where a person distributes copies of the work in breach of the rights provided for in
Article 28, of phonograms in violation of Article 127, of an audiovisual recording as
provided for in Article 134 or of a photographic image as provided for in Article 135
of this Law;
- where a person imports copies of the work not intended for the national territory, in
violation of the provisions of Article 29, or of phonograms, in violation of the
provisions of Article 127 of this Law;
- where a person, by any wire or wireless means, retransmits a radio broadcast or a
transmission by wire, cable, optic fibre or other comparable process in breach of theprovisions of Articles 25, 26, 131 or 132 of this Law;
- where a person communicates to the public performances or phonograms that are
intended solely for private performance;
- where a person, being the assignee or licensee authorized by the owner of the rights
concerned, reproduces or distributes a greater number of copies that that permitted by
the contract, or communicates, reproduces or distributes the work, performance,
production or broadcast after the expiry of the agreed period of authorization;
- where a person makes known to any other person an unpublished or undisclosed work
that he has received in confidence from the owner of the copyright, or anyone else in
the latter's name, without the consent of the said owner;
- where a person manufactures, imports, sells, rents or in any other way brings into
circulation devices or products, or renders any service, the purpose or effect of which
is to block, evade, eliminate, deactivate or circumvent in any way the technical
devices that the owners have set in place to protect their rights.IP/C/W/231
Page 77
Article 168.  A prison term of two to three years or a fine of 200 to 1,000 minimum salary
units  imposed in the following cases:
- Where a person improperly attributes to himself the status of holder, whether original
or derived, of any of the rights recognized by this Law, and by virtue of that improperattribution causes the competent authority to suspend the act of communication,
reproduction, distribution or importation of the work, performance, production or
broadcast, or any other of the intellectual property protected by this Law;
- where a person makes false statements concerning the certification of income, the
repertoire used, the identity of the authors, authorizations supposedly obtained or the
number of copies, or commits any other adulteration of particulars that is liable toprejudice any of the owners of rights protected by this Law;
- where a person, in breach of the provisions of Article 26 reproduces protected works
in the original or a developed form, in their entirety or in part, save in the cases of
lawful reproduction exhaustively specified in Chapter I of Title V, or, in the case ofcomputer programs, save in the exceptional cases specified in Articles 70 and 71 of
this Law;
- where a person brings into the country, stocks, distributes by means of sale, rental or
lending or in any other manner brings into circulation unlawful reproductions ofprotected works;
- where a person reproduces or copies by any means the performance of a performer, a
phonogram, a radio broadcast or transmission by wire, cable, optic fibre or other
comparable process, or who brings into the country, stocks, distributes, exports, sells,rents or in any other way brings into circulation such unlawful reproduction;
- where a person enters in the Register of Copyright and Related Rights a work,
performance, production, broadcast or any other intellectual property protected by
this Law that belongs to another person as if it were his own, or as if it were that of a
person different from the true owner of the rights;
- where a person manufactures, imports, sells, rents or in any other way brings into
circulation devices or systems that are of prime importance in the unauthorized
decrypting of an encrypted program-carrying satellite signal or in facilitating
unauthorized reception of a programme broadcast or otherwise communicated to the
public in coded form;
Article 169.  The criminal judge or court shall in the sentence order the destruction of the
unlawful copies and where appropriate the disablement or destruction of the moulds, plates, matrices,
negatives and other material intended for the reproduction thereof.
As a subsidiary penalty, the judge may order the publication of the conclusions of the
sentence in one or more periodicals at the expense of the infringer.
Article 170.  A prison term of two to three years or a fine of 100 to 200 minimum salary units
shall be imposed on a person who possesses, uses, designs, manufactures, imports, exports ordistributes whether by sale or by rental, lending or  other means, any device or computer program, or
on a person who offers or renders a service, the objective of which is to permit or facilitate the
evasion of coding technology.IP/C/W/231
Page 78
Trademarks
Law 1294, Title IV, Chapter I Civil and Criminal Proceedings for an Infringement,
"Articles 89, 90, 91, 92, 93 and 94.
Article 89.  The following shall be liable to an  obligatory term of one to three years in a
penitentiary and a minimum fine of 1,000 to 3,000 days' wages:
- Persons who falsify or adulterate a registered mark;- persons who fraudulently imitate a registered mark;
- persons who knowingly stock, put on sale, sell or offer for sale or distribute products
or services bearing a mark that is falsified, fraudulently imitated or unlawfully
affixed;
- persons who, with fraudulent intent, affix or cause to be affixed on a product or
service a false declaration or designation regarding the nature, quality, quantity,
number,  weight or measure, the manufacturer's name, the place or country in which
the product or service has been manufactured or supplied;  and
- persons who knowingly put on sale, sell or offer for sale products or services bearing
any of the false declarations mentioned in the preceding subparagraph.
Article 90.  The penalty in the preceding Article shall also apply to persons who make
fraudulent use of a trade name.
Article 91.  For an offence to have occurred,  it shall not be necessary for the falsification,
imitation or fraudulent affixing of the mark to apply to all the goods;  affixing on a single specimen
shall suffice.
Article 92.  The penalty laid down in Article 89 shall also apply to persons who, through
fraudulent or malicious conspiracy or any other unfair method, try to divert the customers of a
commercial or industrial establishment for their own profit or for that of a third party.
Article 93.  The offences listed in Articles 89 and 90 are liable to public criminal proceedings.Article 94.  The limitation period for criminal proceedings shall be two years.  The provisions
in the Criminal Code shall apply subsidiarily where there are no specific provisions in this Law.
37. Please indicate the authorities responsible for criminal actions involving intellectual
property rights and indicate whether their authority extends to other forms of intellectual
property rights.
- Supreme Court of Justice;
- Appeal Courts;- Criminal Trial Courts (hear cases and pass judgement);- Supervisory Criminal Court Judges (monitor the work of the public prosecutors);- Office of the Public Prosecutor:  prosecutors specializing in intellectual property.IP/C/W/231
Page 79
38. Please explain whether and under what circumstances seizure, forfeiture and
destruction of infringing goods and any materials and implements are available as remedies in
wilful trademark counterfeiting or copyright piracy cases and describe the conditions under
which such penalties would be imposed.
Copyright and related rights
On civil procedure
Article 159.  Cessation of the unlawful activity may include the following:- Suspension of the infringing activity;- prohibition of the infringer from resuming that activity;- withdrawal from the market and de struction of the unlawful copies;
- the disablement of moulds, plates, matrices, negatives and other material intended
exclusively for the reproduction of unlawful copies and, where necessary, the
destruction of such material;
- the removal of the equipment used for the unauthorised communication to the public.The court may likewise order the publication of the declaratory portion of the sentence, at the
infringer's expense, in one or more periodicals.
Article 160.  The court, at the request of the National Directorate of Copyright, the owner of
the rights concerned, his representative or the corresponding management body, shall order the
immediate implementation of the necessary precautionary measures to prevent the commission of the
infringement or the continuation or repetition of a violation already committed, including the
following in particular:
- Seizure of the revenue derived from the unlawful activity or, where appropriated, the
amounts payable in remuneration;
- immediate suspension of the unlawful manufacturing, reproduction, distribution,
communication or importation activity, as the case may be;
- confiscation of the copies produced or used and of the material or equipment used for
the infringing activity.
The precautionary measures provided for in this provision shall not preclude the adoption of
others provided for in ordinary legislation.
Article 161.  The precautionary measures referred to in the foregoing Article shall be granted
by the judicial authority provided that evidence is given of the necessity of the measure or proof filed
that constitutes at least a presumption of the alleged violation of rights, without any counter-security
having to be provided.
The necessity of the measure or presumption of the alleged violation of rights may also arise
from the visual inspection that the court may order as a preparatory measure on the site of the
infringement.IP/C/W/231
Page 80
Article 162.  The precautionary measures mentioned in the foregoing Article shall be lifted by
the judicial authority where:
- The person against whom the measure has been ordered provides security that is
considered sufficient by the court to guarantee the results of the proceedings, and theappeal has no staying effect;
- the party applying for the measures does not provide evidence of having started the
procedure leading to a decision on the merits of the case within a period of
30 consecutive days from their having been ordered or implemented.
Article 163.  The preventive measures provided for in the foregoing Article shall be applied
without prejudice to the obligation on the Directorate General of Customs to proceed with the seizure
at the border of all copies constituting a violation of any of the rights provided for in this Law, and to
suspend the free circulation of such material when attempts are made to import it into the territory of
the Republic.
The seizure measures shall not apply to a copy having no commercial character that is carried
in personal baggage.
Trademarks
Law No. 1294, Chapter II "On precautionary measures"Article 96.  Precautionary measures shall consist of the following:- Immediate cessation of the infringing acts;- attachment or confiscation of the products, wrapping, labels and other materials
which bear the infringing sign and the equipment and other devices used to commit
the offence.  In criminal courts, these shall be destroyed if an expert taking part in the
judicial proceedings to which the preventive measure relates confirms that they are
infringing objects, without it being necessary to await the final judgement;
- suspension of the import or export of the products, materials or devices referred to in
subparagraph (b);  and
- suspension of the effects of registration and use of the mark while the judicial
proceedings are taking place.
39. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for each of the years 1998 and 1999, including the number of cases filed;
injunctions issued;  infringing products seized ;  infringing equipment seized;  cases resolved
(including settlement);  and the amount of damages awarded.IP/C/W/231
Page 81
1998 1999/2000
Invalidation 140 cases 100 cases
Unfair competition and
cessation of use of trade name10 cases
Judicial settlement:  transfer 8 cases 9 cases
Final judgement 9 cases 11 cases
Contested trials 58 cases
FINAL JUDGEMENT
15 CASES
40. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the years 1998 and 1999, including the
number of raids, prosecutions, convictions, and th e amount of fines and/or jail terms (including
whether the fines were paid and whether the jail term was actu ally served or was suspended)
and any other information establishing that the criminal system operates effectively to deter
copyright piracy and trademark counterfeiting.
Former code
As is well known, the former Code was inquisitorial so that the procedure and method of
conducting trials were different, complaints were filed together with both the relevant records and the
special power required to formulate complaints, and the facts had to be set out in detail, after which an
initiating order was issued requiring the Office of the Attorney General to intervene, searches were
ordered, goods were seized, subjected to expert examination and then destroyed, even where those
responsible were awaiting trial.  Preliminary proc eedings were followed by a full trial leading to
sentencing.  Under this system the Public Prosecutor's Office prosecuted about 100 cases, some of
which, against persons unknown, were shelved under the Transition Law which amended Article 184
which was made subordinate at the request of the victim in order to bring about judicial intervention.With the entry into force of the Transition Law the approach changed, giving rise to ways of
concluding the proceedings other than by final judgement such as setting aside, a six-month
temporary or unconditional stay of proceedings, the application of the principle of judicial discretion,
and accelerated procedure, among other ways of concluding the proceedings.
FORMER 1890 CODE.  Inquisitorial Model
PRELIMINARY PROCEEDINGS – Complaint by victim – special power – searches and
raids – seizure – expert examination – destruction – inclusion as defendant or persons
unknown.
FULL TRIAL – Opening of the proceedings for evidence – indictmentFinal Judgement
TRANSITION LAW 1444/99
Article 18. Repeals Article 184 of Penal CodeArticle 17.  15 Code of Criminal Procedure, publicly prosecutable without initiation by the
victim.
1890 Code – Principle of judicial discretion, requested by the prosecutor before indictmentIP/C/W/231
Page 82
Accelerated procedure before sending to trial.
New system
NEW CODE (1998).  Accusatorial modelInvestigation stage – complaint, raids, charge – expert examination – settlement – principle of
judicial discretion – intermediate stage – accelerated procedure
Oral proceeding – indictmentThe new Code of Criminal Procedure moves away from the inquisitorial towards the
accusatorial model.  Within this system, the reason why no one is imprisoned is that imprisonment is
regarded as a last resort.  Accordingly, alternative measures are available both during the proceedings
and at the time of sentencing and enforcement for the purpose of avoiding imprisonment as far as
possible (principle of judicial discretion, accelerated procedure, conditional stay of proceedings,
system of fines as the principal sanction, etc.).  The Office of the Attorney General is responsible forexercising the right of public action, clear distinctions are made between the investigative and
intermediate phases, the public trial and the enforcement and appeal phases.  As far as provisional
measures are concerned, imprisonment is now a last resort and no longer occupies a place of honour
as advance punishment.  There is also provision for the victim to join the action against publicly
prosecutable offences as a plaintiff (see annex).
41. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in Paraguay, particular ly initiatives related to criminal enforcement.
Border measures are being strengthened by assigning staff from the Office of the Attorney
General, in particular trademark investigators are being sent to border posts.
JAPAN
COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the national treatment and most-favoured-
nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Law No. 1328/98, Article 3. "Copyright protection shall cover all intellectual works of
creative character in the literate or artistic field, regardless of their type, formal expression, merit orpurpose, the nationality or residence of the author or owner of the rights concerned and the place of
publication of the work".
Law No. 1328/98, Article 180. "Works, artistic performances, phonographic productions,
radio broadcasts or transmissions by wire, cable, optic fibre or other comparable process, audio visualrecordings, photographic fixations and other intellectual property of foreign origin shall enjoy national
treatment in the Republic of Paraguay, regardless of the nationality or residence of the owner of the
rights concerned or the place where the material was published or disclosed".
Note.  There are no exceptions or exemptions in the Law on Copyright and Related Rights that waive
the application of the principle of national treatment or the most-favoured-nation clause, within the
meaning of Articles 3 and 4 of the TRIPS Agreement.IP/C/W/231
Page 83
SWITZERLAND
A. PATENTS
1. Are all categories of products subject to patent protection under your law or are there
any exceptions?  If so, please explain in deta il what these exceptions are and how they apply.
Under the new Patent Law, all fields of technology benefit from patent protection, in
accordance with Article 27 of the TRIPS Agreement.
The only products not subject to patent protection are those which do not comply with the
requirements of Article 70.8 of the TRIPS Agreement.  These are listed in Article 5 of the new Patent
Law.
Article 5.  Subject-matter excluded from patent protection.  The following subject-matter is
excluded from patent protection:
- Inventions whose commercial exploitation must be prevented to protect ordre public
or morality, to protect human, animal, or plant life or health or to avoid seriousprejudice to the environment;  and
- plants and animals other than micro-organisms, and essentially biological processes
for the production of plants or animals other than non-biological and microbiological
processes.
Products or processes included in the state of the art, within the meaning of this Law, may not
form the subject-matter of a new patent merely because  they have been put to a use different from that
contemplated by the original patent.
2. Does your law, in accordance with Articl e 27.1 in combination with Article 31 of the
TRIPS Agreement, recognize importation as "working a patent" (and therefore preclude
compulsory licences)?
Importation is recognized as "working" in the new Patent Law.
3. Does your law make compulsory licences subject to the conditions enumerated in
Article 31 of the TRIPS Agreement?  If exception s are provided for, please describe in detail
what these exceptions are and how they apply in your law.
Chapter VI on compulsory licences and other us e without authorisation of the right holder,
Articles 47, 48, 49 and 50 of the new Patent Law, impl ements the conditions enumerated in Article 31
of the TRIPS Agreement.
Patent Law:Article 47.  "Compulsory licence application procedure and requirements":  The applicant for
a compulsory licence or other use without authorization of the right holder shall satisfy the Industrial
Property Directorate that he has previously requested an ordinary licence from the holder and has
been unable to obtain one on reasonable commercial terms and within a reasonable period of time.
This requirement may be waived in cases of national emergency or circumstances of extreme
urgency or in cases of public non-commercial use, but in such cases the patent holder shall be
informed of the granting of the licence without delay.IP/C/W/231
Page 84
The compulsory licence application shall indicate the conditions on which the licence is being
sought.
The compulsory licence application shall be sent to the patent holder for a fixed period of
30 calendar days, upon the expiry of which, if there has been express objection, it shall be deemed tohave been accepted.
Once this procedure has been completed, the Industrial Property Directorate shall, within a
mandatory period of 30 calendar days, issue a reasoned decision granting or rejecting the compulsory
licence application submitted.
The decision granting the compulsory licence or other use without authorization of the patent
holder shall be entered in the register of the Industrial Property Directorate and published.  It shall
take effect against third parties as from registration.
In all cases, decisions relating to use not authorized by the patent holder shall be subject to
judicial review as shall the question of the corresponding remuneration, where appropriate.  Duringjudicial review precautionary measures that affect the validity or terms of the licence granted may not
be imposed and may only be considered in the corresponding judgement.  Appeals based on
administrative acts relating to the granting of compulsory licences or other use shall not have
suspensive effect.
Article 48.  Conditions relating to the compulso ry licence.  The patent holder who is the
subject of a compulsory licence shall receive adequate remuneration according to the circumstances of
the case, the economic value of the licence and the average royalties paid in the sector concerned
under commercial licensing agreements between independent parties.  In the absence of agreement,
the amount and method of payment of the remuneration shall be fixed by the administrative authority.
Anyone applying for a compulsory licence must show that he possesses the technical and
economic capacity to proceed with its exploitation.  The technical and economic capacity shall be
assessed by the corresponding national authority designated by the Industrial Property Directorate for
each specific branch of activity, which shall produce a corresponding report.
A compulsory licence may not be exclusive, may not be assigned or sub-licensed and may
only be transferred with the enterprise or establishment or with that part of the enterprise or
establishment which exploits the licence.
Licences shall be granted predominantly for the supply of the domestic market.
The holder of a compulsory licence or his successor-in-title may bring legal proceedings, in
his own name, against infringers of the patent.  The holder of the patent shall receive prior notification
of this action and shall have the option to join the proceedings.
Article 49.  Grant of a compulsory licence.  Th e decision to grant a compulsory licence shall
stipulate, where appropriate:
(a) The scope of the licence, including its duration and the acts for which it is granted,
which shall be limited to the purposes for which it was sought;
(b) the amount and method of payment of the remuneration due to the patent holder.  For
the purposes of determining the amount, the circumstances of the case, the economicvalue of the licence and the average royalties paid in the sector concerned under
commercial licensing agreements between independent parties shall be taken into
account;  andIP/C/W/231
Page 85
(c) the conditions necessary for the licence to fulfil its purpose.
If the patent protects semi-conductor technology, use shall be authorized only in accordance
with the provisions of subparagraph (a) of the preceeding paragraph and only for public non-
commercial use.
Once a compulsory licence has been granted, the patent holder shall be obliged to provide the
licensee with all the information necessary to  exploit the subject-matter of the licence.
Article 50.  Revocation and modification of a compulsory licence.  A compulsory licence may
be revoked, in whole or in part, by the judicial authority, at the request of any interested party, if the
beneficiary of the licence does not fulfil his obligations or if the circumstances which led to thegranting of the licence cease to exist and are unlikely to  recur.  In this latter case, the judicial authority
may take the steps necessary to provide adequate protection for the legitimate interests of the licensee
affected by the revocation.
A compulsory licence may be modified by the judicial authority, at the request of an
interested party, if justified by new facts or circumstances, and in particular if the patent holder has
granted contractual licences on terms more favourable than those accorded to the beneficiary of the
compulsory licence.
4. Does your legislation provide for the principal of the reversal of burden of proof in a
process patent litigation?  Please name the relevant law and explain the relevant sections.
Article 76, Title III "On actions for the infringe ment of rights", Chapter I "On the principal
actions", Article 76 - provision concerning reversal of the burden of proof.
Article 76.  "Burden of proof":  for the purposes of civil proceedings, if the subject-matter of
a patent is a process for obtaining a new product, the judicial authority may require the defendant to
prove that the identical product has not been obtained by the patented process, subject to the
protection of undisclosed information concerning the invention.
For the purposes of this provision, a product shall be new if it fulfils the requirements of
Article 7 of this Law.
This provision shall be adopted with due guarantees for the legitimate interests of the
defendant in his production, which shall not be restricted other than by court order, and with due
consideration for his trade secrets.
J. 
PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed and confidential test
data or other data submitted by an applicant to the responsible State agency in the procedure
for market authorization of a pharmaceutical or of an agricultural chemical products is
protected against disclosure and against unfair co mmercial use by a competitor, for example by
prohibiting a second applicant from relying on, or fr om referring to the original data of the first
applicant, when applying subsequently for market authorization for his own product.  Does
your legislation provide for exceptions to this ?  If yes, under what conditions would such
exceptions apply?
A draft law based on Article 39 of the TRIPS Agreement is being prepared for submission to
Congress.IP/C/W/231
Page 86
ANNEX I
LIST OF ANTI-PIRACY CASES
No. Case Brand Quantity seized Date
JUDGE HUGO LÓPEZ SANABRIA, SEVENTH ROTA
26 PERSONS UNKNOWN TELETUBBIES 1,911 PRODUCTS 25.10.1999
26 PERSONS UNKNOWN CDs 3,331 (MUSIC) 9.11.1999
26 I0 CESAR MARTÍNEZ FERNAN REEBOK 29.5.2000
26 I0 CESAR MARTÍNEZ FERNAN REEBOK 2,484 (SWEATSHIRTS) 29.5.2000
26 YOLANDA LÓPEZ Y OTROS TWEETY 9,483 (ARTICLES) 6.12.1999
26 PERSONS UNKNOWN CDs 1,215 (MUSIC) 22.12.1999
26 PERSONS UNKNOWN TWEETY 1,368 (ARTICLES) 2.11.2000
14 ALDO H. MARTÍNEZ PLAYSTATION 4,000 UNITS (DESTROYED) 12.1.1999
JUDGE JUAN CARLOS PAREDES, FIRST ROTA
1 PERSONS UNKNOWN NINTENDO 120 (VARIOUS TOYS) 1.11.1999
1 PERSONS UNKNOWN NINTENDO 17,856 (VARIOUS TOYS) 7.9.1999
1 PERSONS UNKNOWN NINTENDO 1,905 (VARIOUS TOYS) 17.11.1999
1 PERSONS UNKNOWN NINTENDO 1,728 (VARIOUS TOYS) 24.11.1999
1 PERSONS UNKNOWN NINTENDO 110,000 (VARIOUS TOYS) 30.11.1999
1 PERSONS UNKNOWN NINTENDO 60,432 (VARIOUS TOYS) 14.12.1999
1 PERSONS UNKNOWN NINTENDO 5,820 (VARIOUS TOYS) 16.12.1999
1 PERSONS UNKNOWN NINTENDO 36,000 (VARIOUS TOYS) 20.12.1999
1 PERSONS UNKNOWN NINTENDO 890 (VARIOUS TOYS) 28.12.1999
1 PERSONS UNKNOWN NINTENDO 3,560 (VARIOUS TOYS) 30.12.1999
1 PERSONS UNKNOWN NINTENDO 3,000 (VARIOUS TOYS) 10.1.2000
1 PERSONS UNKNOWN NINTENDO 17,600 (VARIOUS TOYS) 23.3.2000
1 PERSONS UNKNOWN NEW
BALANCE9,500 (SPORTS FOOTWEAR) 20.3.2000
1 PERSONS UNKNOWN MISUNO 1,815 (SPORTS FOOTWEAR) 17.3.2000
1 PERSONS UNKNOWN NINTENDO 306 (MISCELLANEOUS PRODUCTS) 1.11.1999
1 PERSONS UNKNOWN NINTENDO 1,488 (MISCELLANEOUS
PRODUCTS)12.11.1999
1 PERSONS UNKNOWN NINTENDO 730 (MISCELLANEOUS PRODUCTS) 17.11.1999
11 PERSONS UNKNOWN CITIZEN 1,719 WATCHES (DESTROYED) 31.8.1998
11 PERSONS UNKNOWN CITIZEN 1,710 WATCHES 31.8.1998
11 AE HNAN KIM Y KYUNG WON LI VIDEOS 1,000 CASSETTES (DESTROYED) 27.4.1999
1 HO JUM LEE Y KIM HYUN SUK VIDEOS 1,870 CASSETTES (DESTROYED) 19.6.1998
11 PERSONS UNKNOWN MOTOROLA 21,743 ACCESSORIES 12.8.1999
11 PERSONS UNKNOWN FILA 268 SNEAKERS, 480 STOCKINGS 22.9.1998
11 PERSONS UNKNOWN CDs 60,000 MUSIC UNITS 14.9.1999
11 KEE MAN LEE VIDEOS 1,732 CASSETTES (DESTROYED) 18.8.1998
JUDGE JORGE BOGARIN, THIRD ROTA
5 MARGARITA MAIDANA S. VIDEOS 1,490 CASSETTES 12.2.2000
5 OLGA M. CABRERA BARRETO VIDEOS 1,754 CASSETTES 16.2.2000
6 PERSONS UNKNOWN MOTOROLA 2 ,000 BATTERIES 29.2.2000IP/C/W/231
Page 87
JUDGE RUBÉN DARÍO FRUTOS, FOURTH ROTA
7 PERSONS UNKNOWN ARISTOCRATA 1,620 CANES 19.8.1998
8 ROGELIO LÓPEZ ACOSTA TWEETY 2,486 ITEMS OF CLOTHING 27.5.1998
JUDGE PEDRO DARÍO PORTILLO, FIFTH ROTA
9 GERARDO BRITEZ CDs 30,000  (MUSIC) 5.7.1999
JUDGE ARNULFO ARIAS, TENTH ROTA
20 PERSONS UNKNOWN REEBOK 2,304 SPORTS PAIRS 22.7.1999
JUDGE WALDIR SERVIN, ELEVENTH ROTA
22 PERSONS UNKNOWN MISTRAL 430 ITEMS OF CLOTHING 22.6.1999
22 PERSONS UNKNOWN WARNER 196 ITEMS OF CLOTHING 22.6.1999
22 PERSONS UNKNOWN NIKE 410 ITEMS OF CLOTHING 22.6.1999
22 PERSONS UNKNOWN REEBOK 247 ITEMS OF CLOTHING 22.6.1999
22 PERSONS UNKNOWN DISNEY 857 ITEMS OF CLOTHING 22.6.1999
22 (MISCELLANEOUS PRODUCTS) POLO 240 ITEMS OF CLOTHING 22.6.1999
22 PERSONS UNKNOWN ADIDAS 41 ITEMS OF CLOTHING 22.6.1999
22 PERSONS UNKNOWN WRANGLER 540 ITEMS OF CLOTHING 22.6.1999
JUDGE EMILIANO ROLON, TWELFTH ROTA
23 PERSONS UNKNOWN REEBOK 41,726 STOCKINGS 26.11.1999
23 MARCELO SEGURA POLO 54 ITEMS OF CLOTHING 23.2.1998
DISTRICT COURT OF LUQUE
JUDGE LOURDES DE VELAMUEZ
1 ROSALBA CÁCERES CDs 21,600 MUSIC PLAYSTATION 1.12.1998
1 PERSONS UNKNOWN CDs 5,000 2.12.1998
1 PERSONS UNKNOWN CIRCUITS 620 UNITS INTEGRATED
CIRCUITS14.1.1999
1 PERSONS UNKNOWN CDs 3,400 MUSIC 24.5.1999
1 PERSONS UNKNOWN CDs 59,000 CDs AND 1,000 CASES 22.1.1999
1 PERSONS UNKNOWN CDs 5,000 CDs 8.1.1999
1 GLADIS VILLABA CDs 470 KG 12.11.1998
1 PERSONS UNKNOWN MOTOROLA 17,000 LABELS AND
990 LOGOS6.1.1999
2 FULGENCIO E. GONZÁLEZ CDs 5,100 MUSIC 2.12.1998
2 PERSONS UNKNOWN CDs 9,000 CASES 16.11.1998
2 PERSONS UNKNOWN ADIDAS 50 SANDALS 10.1.1999
2 PERSONS UNKNOWN CDs 182 CDs 22.11.1999
DISTRICT COURT OF LAMBARE
JUDGE LUIS M. YARYES, FIRST ROTA
2 HUN SIANG CHANGO CHANG WATCHES 482 BOXES OF PARTS 13.1.1999IP/C/W/231
Page 88
DISTRICT COURT OF SAN LORENZO
JUDGE VICTOR NUÑEZ, FIRST ROTA
1 LEE SHENG CHIN GANCHO FL 4,210 UNITS
1 PERSONS UNKNOWN SUZUKI 7 MOTORBIKES
DISTRICT COURT OF ESTE
REPORT SUBMITTED BY RUBÉN D. RI QUELME , PUBLIC PROSECUTOR
JUDGE ANTONIA B. VENIALGO, FIRST ROTA
1 NABIH HAMAD ZEIN CDs 38,844 MUSIC,
3,945 SOFTWARE25.2.1999
SHUM WAI YING DUWANT 162 WATCHES,
75 UNBRANDED, 47 NIKE
STRAPS, 250, 118 DIGITAL,
300 COVERS FOR NIKE,
47 BOXES FOR NIKE, P/ NIKE,
50 STRAPS METAL,
500 STRAPS, 2 PACKAGING,
AND 1 UNPACKAGING
MACHINE. 1 NIKE (ALL
DESTROYED)29.6.1998
1 EVERTON INGUE CALAZ TWEETY AND
TAZ5,176 UNITS
2 JUAN MARCELO ORTIZ CDs 4,000 UNITS AND
5,200 CASES10.8.1999
2 CHUN CHEH WAN CDs 25,000 WITH CASES 23.8.1999
2 DANIEL GONZALEZ SAMUDIO CDs 80,500 UNITS 11.8.1999
2 HASSAN MOHAMAD HUSSEIN SOFTWARE 770 UNITS 26.8.1999
2 PERSONS UNKNOWN CDs 6,000 CASES 6.8.1999
JUDGE MARIO R. MARE COS, SECOND ROTA
3 PERSONS UNKNOWN MS. 2,300 UNITS 31.8.1999
3 PERSONS UNKNOWN WATCHES 15,000 UNITS 27.8.1999
3 PERSONS UNKNOWN NINTENDO 1,900 CDs, 8,590 CASSETTES,
5,000 AC.23.10.1998
3 PERSONS UNKNOWN TUPI 144 COFFEE MAKERS
3 PERSONS UNKNOWN NINTENDO 6,680 RADIOS,
112 PLAYSTATION, 5,474 AC,
45,000 CASES17.8.1999
3 PERSONS UNKNOWN CDs 100,000 CDs AND
100,000,000 CASES19.8.1999
JUDGE HYPATIA CAMARASA, THIRD ROTA
5 PERSONS UNKNOWN REEBOK 9,022 PAIRS OF SHOES,
116 CAPS4.7.1999
5 PERSONS UNKNOWN SONY 63,000 CASSETTES 22.6.1999
JUDGE LEONARDO AYALA B., FOURTH ROTA
7 SHI TONG TAI TECHNICS 7,417 WATCHES
AND 500 LABELS28.4.1999
7 ALI MAHMOUD EL ZEIN CDs 11,817 MUSIC AND
5,257 CASES, 70,000 SHEETS14.11.1998
7 PERSONS UNKNOWN FILA 1,419 PAIRS OF SHOES AND
20,254 STOCKINGS7.11.1996
REPORT SUBMITTED BY AMILGAR AYALA BONSI, PUBLIC PROSECUTORIP/C/W/231
Page 89
JUDGE VICTOR BENITEZ, FIFTH ROTA
10 PERSONS UNKNOWN FUJI 135 FILMS 10.4.1999
10 LIDIA C. MERELES
CENTURIÓNFORUM 166 WALLETS 1.4.1997
10 PERSONS UNKNOWN CDs 37,827 UNITS 29.10.1998
9 ALFREDO GIL DISNEY 2,183 TAPES 2.1.1998
9 PERSONS UNKNOWN CDs 140,000 UNITS 19.8.1998
9 PERSONS UNKNOWN CDs 20,900 UNITS 3.12.1998
9 LAN YU FAI CDs 41,666 RECORDED AND
30,000 BLANK5.8.1997
JUDGE VIRGILIO MARTÍNEZ, SIXTH ROTA
12 WU MING CHI CDs 600 UNITS,
13 BOXES WITH CDs
12 HUSSEN ASAD TAHIN CDs 2,300 CDs AND 30,000 CASES
12 WAN HSUEH LIN HUSICH PENALTY 2,023 BALLS 9.6.1999
JUDGE MELITÓN FERREIRA, SEVENTH ROTA
14 WEI TEI TSEN CDs MACHINERY AND EQUIPMENT
FOR MAKING CDs WORTH
APPROXIMATELY $12,000,000
14 PERSONS UNKNOWN CDs 70 BOXES
14 PERSONS UNKNOWN CDs 64 BOXES
13 PERSONS UNKNOWN PANASONIC 250 BOXES
13 PERSONS UNKNOWN CDs 6,000 CDs
13 MOHAMAD NASSER NINTENDO 1,011 NINTENDO SETS 24.12.1998
14 PERSONS UNKNOWN CDs 22,900 UNITS
13 ANTONIO OCAMPOS CDs 2,750 UNITS 9.4.1999
13 MERHI MUSTAFA CDs 2,500 UNITS 23.4.1999
DISTRICT COURT OF ENCARNACIÓN
REPORT SUBMITTED BY GALEANO ROMERO, PUBLIC PROSECUTOR
JUDGE GUILLERMO SKANATA, FOURTH ROTA
7 PERSONS UNKNOWN VIDEOS 490 CASSETTES
7 PERSONS UNKNOWN VIDEOS 52,000 CASSETTES AND
1,300 CDs
7 PERSONS UNKNOWN NIKE 468 BOXES OF STOCKINGS
7 PERSONS UNKNOWN UFO 1,310 ITEMS OF CLOTHING
7 PERSONS UNKNOWN JOHN L COK 20 ITEMS OF CLOTHING
7 PERSONS UNKNOWN NIKE 586 STOCKINGS,
5 BOXES OF CAPS
7 PERSONS UNKNOWN MISTRAL 1,562 ITEMS OF CLOTHING
8 PERSONS UNKNOWN WHAL 799 BOXES CIU12 UNITS
8 PERSONS UNKNOWN VÍDEOS 2,700 WARNER CASSETTES
8 PERSONS UNKNOWN VÍDEOS 3,000 WARNER CASSETTES
8 PERSONS UNKNOWN CDs 2,855 CDs AND
49,500 CASSETTES
8 PERSONS UNKNOWN CDs 233,000 MUSIC CDs
8 PERSONS UNKNOWN CDs 3,500 CD UNITSIP/C/W/231
Page 90
ANNEX II
FILE AND CASE
NUMBEROFFENCE
INVESTIGATEDDATECASE
BROUGHT BYBRANDS
AFFECTEDQUANTITY
INVESTIGATIVE STAGE
PERSONS UNKNOWN
"5362"TRADEMARK
COUNTERFEITING18.10.2000 ADOBEL S.A. BETHANIA
PERSONS UNKNOWN
"3535"TRADEMARK
COUNTERFEITING7.9.2000 KROMATICA KOMATICAS
PERSONS UNKNOWN
"2507"TRADEMARK
COUNTERFEITING6.7.2000 SCAVONE
HNOS.ATENOCAR
PERSONS UNKNOWN
"3232"TRADEMARK
COUNTERFEITING25.8.2000 BRITISH A. T. TOBACCO
HILTON
PERSONS UNKNOWN
"3131"TRADEMARK
COUNTERFEITING19.7.2000 SANITEC S.R.L. SANITEC
PERSONS UNKNOWN
"3450"TRADEMARK
COUNTERFEITING7.9.2000 UNILEVER
N.V.CONFORT 3,233 PACKS
FELIX ACOSTA "3309" TRADEMARK
COUNTERFEITING23.8.2000 PUB. PROSEC. CDs MUSIC 460 CDs
ALBERTO LEE Y
OTROS "1730"TRADEMARK
COUNTERFEITING23.5.2000 BENAVENTE
S.A.MEDICA-
MENTS
PERSONS UNKNOWN"4556"TRADEMARK
COUNTERFEITING5.10.2000 WARNER TOYS
WARNER451 MISC.
PERSONS UNKNOWN
"169"TRADEMARK
COUNTERFEITING1.4.2000 PUB. PROSCEC. CDs MUSIC 300 CDs
PERSONS UNKNOWN
"1187"TRADEMARK
COUNTERFEITING26.4.2000 CELSAL S.A. SALT
CELUSAL70 PACKETS
PERSONS UNKNOWN
"1882"COPYRIGHT
INFRINGEMENT25.5.2000 APA COPYRIGHT -
PERSONS UNKNOWN
"2770"COPYRIGHT
INFRINGEMENT27.7.2000 AYALA
MANOTILIBRO
SISTEMATRIBUTARIO82 UNITS
PERSONS UNKNOWN
"2769"COPYRIGHT
INFRINGEMENT26.7.2000 AYALA
MANOTILIBRO
CÓDIGO
LABORAL98 UNITS
SETTLEMENT
YOLANDA LÓPEZ
"3113"TRADEMARK
COUNTERFEITING21.8.2000 WARNER TOYS
WARNER718 MISC.
YOLANDA LÓPEZ ET
AL. "940"TRADEMARK
COUNTERFEITING3.5.2000 WARNER TOYS
WARNER1,028 MISC.
__________