WORLD TRADE
ORGANIZATIONIP/N/6/SUR/1
15 March 2002
(02-1360)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Suriname
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
All intellectual property rights infringement cases are brought before the High Court.
2. Which persons have standing to assert IPRs? How may they be represented? Are there
requirements for mandatory personal appearances before the court by the right holder?
Any stakeholder  has standing to assert intellectual property rights.  They may  be represented
by an attorney.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produc e evidence that lies within its control?
There are no special provisions on enforcement for intellectual property rights.
4. What means exist to identify and protect confidential information brought forward as
evidence?
There are no means to protect confidential information brought forward as evidence.
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use ;
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
The judge may order that the defendant seize all actions causing the infringement of a
copyright or a trademark right.
                                                     
1 Document IP/C/5.IP/N/6/SUR/1
Page 2
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the
production and distribution of the goods of services found to be infringing and of their
channels of distribution?
Our legislation does not provide for the above mentioned.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
Our legislation does not provide for the above mentioned.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Every case before court has to be decided in a “reasonable” period of time.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Please refer to the answer to question 3 above.
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
The above mentioned is not particularly provided for, for intellectual property matters.
11. In what circumstances may such measures be ordered inaudita altera  parte ?
The above mentioned is not particularly provided for, for intellectual property matters.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
The above mentioned is not particularly provided for, for intellectual property matters.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Please refer to the answer to question 8 above.IP/N/6/SUR/1
Page 3
(b) Administrative procedures
14. Reply to the above questions in relation to  any administrative provisional measures.
Please refer to the answer to question 3 above.
Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectual
property rights other than counterfeit trademark or pirated copyright goods as definedin the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant
criteria, any imports excluded from the application of such procedures (such as goods
from another member of a customs union, goods in transit or de minimis imports ).  Do
the procedures apply to imports of goods put on the market in another country by or
with the consent of the right holder a nd to goods destined for exportation?
Our legislation does not provide for the above mentioned.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of suspension (Artic le 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the
goods) and 57 (right of inspection and information) been implemented?
The Agreement on Trade-Related Aspects of Intellectual Property Rights has not yet been
implemented in our legislation.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the competent authorities for the suspension of the release of goods into free
circulation?
Please refer to the answer to question 3 above.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
Articles 9, 10 and 11 of our Trademark Law provide for an application of the Attorney
General Office for the invalidity of any trademark opposed to public order or morality.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
Please refer to the answer to question 18 above.
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
Please refer to the answer to question 1 above.IP/N/6/SUR/1
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21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
In respect of copyright.
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
Please refer to the answer to question 18 above.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Please refer to our answer to question 2.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;
- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
Articles 26 to 37 of our  Copyright Law provide for effective action against infringement of
copyright materials, such as compensation of the right holder, seizure and/or destruction of the
materials and imprisonment of the offender.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
Please refer to the answer to question 8 above.
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