RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/EST/1
IP/Q2/EST/1
IP/Q3/EST/1
IP/Q4/EST/1
29  March 2001
(01-1570)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
ESTONIA1
The present document reproduces the introductory statement made by the delegation of
Estonia, the questions put to it and the responses given in connection with the review of legislation
undertaken at the Council's meeting of 27-30 November 2000.2
_______________
I. INTRODUCTORY STATEMENT
In the course of Estonia's accession to the WTO, which was finalized only a year ago, all
legislation concerning intellectual property rights was carefully examined and reviewed by the WTO
Members.  During this process Estonia introduced several changes in order to bring its intellectual
property legislation in conformity with the WTO principles.  TRIPS-compatible legislation was one of
the preconditions for WTO membership.  Therefore, our task here today should be somewhat easier.
Let me give you a short overview of Estonia's participation in international organizations and
agreements dealing with intellectual property.  I will also describe respective legislation in force,
indicating the changes in these laws that have taken place since the submission of initial notification
in March this year.
Membership in international institutions
In 1994, Estonia became a full member of th e World Intellectual Property Organization,
joined the Patent Cooperation Treaty and restored its membership to the Paris Convention for theProtection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic
Works which Estonia originally joined in 1924 and 1927, respectively.  As of 14 September 1996,
Estonia has been a member of the Budapest Treaty on the International Recognition of the Deposit of
Micro-organisms for the Purposes of Patent Procedure.  The Protocol relating to the Madrid
Agreement on International Registration of Marks entered into force on 18 November 1998.  In 1999Estonia became a full member to the 1971 Geneva Convention and the 1961 Rome Convention.
Since 24 September 2000 Estonia is a member of the 1991 Act of the Union for the Protection of New
Plant Varieties (UPOV).
                                                     
1 As regards laws and regulations notified by Estonia under Article 63.2 of the Agreement, reference is
made to documents IP/N/1/EST/1; IP/N/1/EST/C/1; IP/N/1/EST/D/1; IP/N/1/EST/E/1; IP/N/1/EST/I/1;
IP/N/1/EST/L/1; IP/N/1/EST/O/1; IP/N/1/EST/P/1 and 2; IP/N/1/EST/T/1 and IP/N/6/EST/1.
2 The minutes of this meeting have been circulated as document IP/C/M/29.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 2
Copyright
With respect to copyright and related rights Estonia applies the principle of national treatment
in the protection of works.  The Copyright Act also protects works originating in countries whereinternational treaties do not apply, provided that the other country guaranteed similar protection to the
works of Estonian authors or works first published in Estonia.  The Copyright Act also provides for
principles of free use of works protected by copyright and limitations of neighbouring rights.  The
main institution dealing with supervision of copyri ght and related rights is the Media and Copyright
Department of the Ministry of Culture.  The Copy right Act has been amended during this year, the
amended Act will be notified to the WTO in the near future.
Trademarks
Regarding trademarks Estonia protects well known marks whether or not registered in the
Republic of Estonia.  The Trademark Act sets out the rights and limitations granted to holders of
trademarks.  The owner of a trademark may assign the registered trademark to a natural or legalperson with respect to all or some of the goods or services.  The right to register a trademark generally
does not depend on use of a trademark.  The main institution responsible for legal protection of
industrial property is the Patent Office.
Geographical indications
The legislative aspects of geographical indications of origin are stipulated in the Geographical
Indication Protection Act, which entered into force in January 2000.  The Act regulates the legal
protection of geographical indications used to identify natural, agricultural, handicraft or industrial
goods, and services.  Geographical indications are granted legal protection by registration in the StateRegister of Geographical Indications.  The Act will be notified in the near future.
Industrial designs
Industrial designs are protected by the Industrial Design Protection Act.  According to the
Act, an industrial design is a two-dimensional or  three-dimensional solution of the appearance of a
product which may have variants.  The variants of an industrial design are such modifications of anindustrial design that produce the same overall impression on a person knowledgeable in the field.
Legal protection is granted to industrial designs that are novel, have an individual character and
enable to manufacture industrial products or handicraft.  Legal protection is received by registration of
the industrial design in the State Register of Industrial Designs.
Patents
The Patent Act stipulates the provisions regarding patent protection. According to the Act,
protection is provided to equipment, process, material, including biological material or their
combination.  Certain inventions are non-patentable, for example inventions contrary to public order
and morality, and treatment and diagnostic methods practised on humans or animals.  The Act sets out
provisions regarding a patentee's exclusive rights and exceptions as well as supplementary protection
certificates for pharmaceutical and agricultural chemical products.  There are no restrictions on a
patent owner's rights to assign, transfer or license rights, but a licensing agreement needs to be
registered with the Patent Office to be valid.  Compulsory licences can be granted by court order onlyunder terms and conditions consistent with Article 31 of the TRIPS Agreement.  Patents are not
extendable under present legislation.  Estonia's patent law recognizes the right of priority on the basis
of an earlier patent application filed within a period of twelve months in any other WTO Member or
in a Member of the Paris Convention.  The Patent Act has been amended during this year, the
amended Act will be notified to the WTO.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 3
Layout-designs of integrated circuits
The Protection of Layout-Design of Integrated Ci rcuits Act covers protection of layout-design
of integrated circuits as well as semiconductor layout designs.  Legal protection is granted tolayout-designs that are original and have not been commercially exploited in any part of the world for
more than two years prior to the filing of the application for registration of the layout-design in the
State Register of Layout-Designs.  The layout-design receives legal protection upon registration in the
State Register of Layout-Designs.
Undisclosed information
Undisclosed information is protected under the provisions governing the abuse of business
secrets in the Competition Act.  Information submitted to government agencies is protected under the
Public Service Act.
Enforcement issues
The Customs Act forms the legal basis for the prevention of imports of counterfeit or pirated
goods.  Customs officers examine goods to check that their nature, origin, condition, quantity and
value corresponded to the information provided in the customs declaration.  Proceedings can be
instituted in cases of forged, falsified or incomplete documentation.  The Criminal Code and the Codeof Administrative Offences include specific provisions on legal protection of industrial property.
II. REPLIES TO QUESTIONS POSED BY CANADA
1. Please clarify the duration of protection for copyrighted works.
The term of copyright protection in Estonia was harmonised with the term accepted in
European countries in December 9, 1999 (in force from January 6, 2000) – according to Copyright
Act Section 38(1) “ the term of protection of copyright shall be the life of the author and seventy years
after his or her death, irrespective of the date when the work is lawfully made available to the public,
except in the cases prescribed in §§ 39 – 42 of this Act ”.
Sections 39-41 stipulate the term of protection of copyright in case of joint authorship or co-
authorship (Section 39), term of protection of copyright in anonymous or pseudonymous works(Section 40), the term of protection of copyright in collective works, works created in execution of
duties, audiovisual works and serials (Section 41).
Duration of Copyright is stipulated in Chapter VI of Estonian Copyright Act in detail as
follows:
§ 38. Term of protection of copyright(1) The term of protection of copyright shall be the life of the author and seventy years
after his or her death, irrespective of the date when the work is lawfully made available to the
public, except in the cases prescribed in §§ 39 – 42 of this Act.
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
(2) (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 4
(21) Where the country of origin of a work, within the meaning of subsection 4 of
Article 5 of the Berne Convention on Literary and Artistic Works, is a third country, and the
author of the work is not a citizen or permanent resident of the Republic of Estonia, the term
of protection of copyright shall run within a period prescribed by the law of the country oforigin but may not exceed the term specified in subsection (1).
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
§ 39. Term of protection of copyright in case of joint authorship or co-authorship
The term of protection of copyright in a work created by two or more persons as a result of
their joint creative activity (§ 30) shall be the life of the last surviving author and seventy
years after his or her death.
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)§ 40. Term of protection of copyright in anonymous or pseudonymous works
In the case of anonymous or pseudonymous works, the term of protection of copyright shall
run for seventy years after the work is lawfully made available to the public. If the author of
the work discloses his identity during the above-mentioned period or leaves no doubt as to the
connection between the authorship of the work and the person who created the work, theprovisions of §§ 38 and 39 apply.
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
§ 41. The term of protection of copyright in collective works, works created in execution of
duties, audiovisual works and serials
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
(1) The term of protection of copyright in a collective work (§ 31) or work created in the
execution of duties (§ 32) shall run for seventy years after the work is lawfully made available
to the public.
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)(1
1) The term of protection of copyright in an audiovisual work (§ 33) shall expire seventy
years after the death of the last surviving author (director, script writer, author of dialogue,
author of a musical work specifically created for use in the audiovisual work).
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
(2) If a work specified in subsection (1) of this section is not made available to the public
fifty years after the creation thereof, the term of protection of copyright shall expire seventy
years after the creation of the work.
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
(3) Where a work is published as a serial (volumes, parts, issues or instalments, etc.) and
the term of protection of copyright runs from the time when the work was lawfully made
available to the public, the term of protection for each instalment shall expire seventy years
after the time when the instalment is lawfully made available to the public.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 5
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
(4) The term of protection of copyright in independent works included in a collective
work, a work created in the execution of duties or in an audiovisual work which have notbeen made available to the public anonymously or under a pseudonym shall expire within the
term provided for in subsection 38 (1) of this Act.
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
§ 42. (Repealed - 09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
§ 43. Beginning of term of protection of copyright
The term prescribed in this Chapter begins on the first of January of the year following the
year of the death of the author (subsection 38 (1) and § 39) or of the year following the year
when the work was lawfully made available to the public or of the year following the year of
creation of the work (subsection 38 (2); Sections 40, 41 and 42).
§ 44. Protection of authorship of work, name of author, honour and reputation of author and
title of work without term
(1) The authorship of a certain work, the name of the author and the honour and
reputation of the author shall be protected without a term.
(2) The use of the title (name) of a work by another author for a similar work when the
term of protection of copyright has expired is not permitted if such use may result in
identification of authors which would mislead the public.
§ 45. Use of works after term of protection of copyright expiresWorks whose term of protection of copyright has expired may be freely used by all persons
pursuant to the provisions of § 44 of this Act and the Heritage Conservation Act (RT I 1994,
24, 391; 1996, 49, 953; 86, 1538; 1997, 93, 1559).
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859).
2. How are well-known marks for non-similar goods protected under Estonia’s Trademarks Act,
and how does that comply with Article 16.3 of the TRIPS Agreement?
According to section 5(4) of the Trademark Act, the right holder may prohibit the use of his
well-known mark or a mark similar to it, even in relation to non-similar goods or services. The
protection of trademarks by administrative, penal a nd civil means is provided for in the Chapter VIII
of the Trademark Act (specially section 33(2)).
3. What protection does your copyright legislation afford to "foreign works"?
"Foreign works" are protected according to the international agreements and conventions to
which Estonia is a party.  The Estonian Copyright Act Section 3 stipulates:
"(1) The Copyright Act applies to works:
1) the author of which is a citizen or a permanent resident of the Republic of Estonia;IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 6
2) first published in the territory of the Republic of Estonia or not published but located in the
territory of the Republic of Estonia, regardless of the citizenship or the permanent residence
of the creator of the works;
3) which must be protected in accordance with an international agreement of the Republic of
Estonia.
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)(2) This Act applies to works first made available to the public in a foreign state or not
made available to the public but located in the territory of a foreign state, the author of whichis a person whose permanent residence or registered office is in the foreign state and to which
clause (1) 3) of this section does not apply, only if this state guarantees similar protection for
works of the authors of the Republic of Estonia and for works first published in the Republic
of Estonia."
Subsection 2
1 of Section 38 of Estonian Copyright Act stipulates also:
"(21) Where the country of origin of a work, within the meaning of subsection 4 of Article 5
of the Berne Convention on Literary and Artistic Works, is a third country, and the author of
the work is not a citizen or permanent resident of the Republic of Estonia, the term of
protection of copyright shall run within a period prescribed by the law of the country of originbut may not exceed the term specified in subsection (1)."
According to Section 1 the copyright duration in Estonia is 70 years.
4. 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?
Special provisions in this regard are enacted in the Criminal Code, Code of Administrative
Offences and Criminal Procedure Code.
As to wilful trademark counterfeiting and copyright piracy Estonian Criminal Code was
amended at the beginning of 1999 and new chapter XV "Criminal offences against intellectual
property" was included. Handling of pirated copies is stipulated in Section 280  and violation of
exclusive rights of trademark owner in Section 283 of the Criminal Code.
According to the Estonian legal system, onl y natural persons can be held liable under
Criminal Code.
"Chapter XV
Criminal Offences Against Intellectual Property
§ 277. Violation of personal non-economic rights of author or performerA fine or imprisonment for up to two years is imposed for communication to the public of a
work or performance of a work of another in one's own name (plagiarism) or for any otherviolation of the personal non-economic rights of an author or performer.
§ 278. Violation of economic rights of author or holder of copyright related rightsIP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 7
A fine or imprisonment for up to two years is imposed for a violation of the economic rights
of an author or holder of copyright related rights if the elements of crime prescribed in § 280
of this Code are absent.
§ 279. Avoidance of payment of fees prescribed by Copyright Act
A fine, detention, or imprisonment for up to one year is imposed for avoidance of payment of
fees prescribed by law for the resale of originals of works of fine art, and for the personal use
of audiovisual works or sound recordings.
§ 280. Handling of pirated copies(1) A fine, detention, or imprisonment for up to two years is imposed for trading in
pirated copies.
(2) A fine or imprisonment for up to two years is imposed for the public performance,
public display or transmission to the public of works if pirated copies are used.
(3) A fine or imprisonment for up to three years is imposed for the reproduction of a
work or object of copyright related rights without the consent of the author, holder of
copyright or holder of copyright related rights (for the manufacture of pirated copies).
(4) A fine or imprisonment for up to three years is imposed for the importation or
exportation of pirated copies if the elements of crime prescribed in § 76 of this Code are
absent.
§ 281. Handling of protective equipment preventi ng violation of copyright or related rights
A fine or imprisonment for up to two years is imposed for the manufacture, acquisition,
possession, use, carriage, sale or transfer of technical means or equipment designed for the
removal of protective measures against the illegal reproduction of works or against the illegal
reception of signals transmitted via satellite or cable.
§ 282. Publication of information concerning invention or industrial design and acquisition of
authorship of invention or industrial design
(1) A fine, detention, or imprisonment for up to one year is imposed for the publication
of information concerning an invention or i ndustrial design knowingly without the consent of
the person holding rights in the patent, utility model or industrial design before publication of
such information pursuant to the procedure prescribed by law.
(2) A fine or imprisonment for up to two years is imposed for acquisition of the
authorship of an invention or industrial design.
§ 283. Violation of exclusive rights of patent  owner, owner of utility model, owner of
industrial design or proprietor of trade mark
A fine or imprisonment for up to two years is imposed for a violation of the exclusive rights
of a patent owner, owner of a utility model, ow ner of an industrial design or proprietor of a
trade mark.
§ 284. Violation of plant variety rightsIP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 8
A fine or imprisonment for up to two years is imposed for the acquisition of rights belonging
to a breeder or owner of a protected plant variety or for the use of a protected plant variety
without a licence issued by the owner."
Penal sanctions for legal persons are stipulated in special Acts. For instance, liability for
copyright infringements is covered by Chapter X of Copyright Act - “Protection of Rights and
Liability”. According to Section 83 of Copyright Act legal person can be held liable for following
infringements:
"§ 83. Administrative liability of legal persons
(1) A fine in the amount of 20 000 kroons to 50 000 kroons is imposed for an
infringement of copyright or related rights by a legal person, or for a violation of
requirements provided by copyright legislation by a legal person, except in the cases specified
in subsections (2)-(6) of this section.
(21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156)
(2) A fine in the amount of 50 000 kroons to 100 000 kroons is imposed for trading in
pirated copies by a legal person.
(21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156)(3) A fine in the amount of 50 000 kroons to 150 000 kroons is imposed for the public
performance, public display or communication to the public of a work by a legal person if
pirated copies are used.
(21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into
force 06.01.2000 - RT I 1999, 97, 859)
(4) A fine in the amount of 150 000 kroons to 200 000 kroons is imposed for the
manufacture, acquisition, possession, use, carriage, sale or transfer by a legal person of any
technical device or equipment designed for the removal of protective measures against the
illegal reproduction of works or against the illegal reception of signals transmitted via satellite
or cable.
(21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into
force 06.01.2000 - RT I 1999, 97, 859)
(5) A fine in the amount of 7500 kroons to 100 000 kroons for each illegally reproduced
(installed) program but not more than 500 000 kroons altogether is imposed for the possession
for commercial purposes or use of a computer  program by a legal person if the computer
program is reproduced (installed) in a computer without the consent of the author or holder ofthe author’s rights.
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
(6) A fine in the amount of 250 000 kroons to 500 000 kroons is imposed for the
reproduction of a work or object of related rights by a legal person without the consent of the
author of the work, holder of copyright or holder of related rights.
(21.01.1999 entered into force 15.02.1999 – RT I 1999, 10, 156; 09.12.1999 entered into
force 06.01.2000 - RT I 1999, 97, 859)"IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 9
Estonian Trade Marks Act accordingly stipulates liability of legal persons for trade mark
infringements.
"361. Administrative liability of legal persons
(1) A fine of 250 000 up to 500 000 kroons shall be imposed on a legal person for
designating goods or packaging with a sign which is identical with or confusingly similar to a
trade mark registered in respect of identical or similar goods, without the consent of the
proprietor of the trade mark.
(2) A fine of 25 000 up to 50 000 kroons shall be imposed on a legal person for affixing a
sign which is identical with or  confusingly si milar to a trade mark registered in respect of
identical or similar goods or services to the packaging, economic or business documents,advertising materials and instructions for use of goods, without the consent of the proprietor
of the trade mark."
III. REPLIES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. G
ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and promotes the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
Estonian legislation does not include measures inconsistent with the provisions of the TRIPS
Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Do the provisions of Section 2(2) of the Estonian Copyright Act mean that:
(a) the provisions of the TRIPS Agreement have been absorbed into Estonian
domestic/national law;
(b) the provisions of the TRIPS Agreement will take precedence over the Estonian
Copyright Act in the case of a conflict;
(c) the provisions of the Berne Convention for the Protection of Literary and Artistic
Works (1971) have been absorbed into Estonian domestic/national law;  and
(d) will the provisions of the Berne Convention apply in the event of a conflict between
the Estonian Copyright Act and the Berne Convention?
The changes have been made to the Estonian legislation in order for legal provisions to be in
accordance with all relevant international treaties (including the Berne Convention and the TRIPS
Agreement).  Therefore, the provisions of TR IPS Agreement and the provisions of the Berne
Convention have been absorbed into Estonian national law.
The issue of conflict between national law and international law is regulated by the
Constitution of Estonia.  According to Section 3 of the Constitution:IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 10
"Generally recognised principles and rules of international law are an inseparable part of the
Estonian legal system."
In addition, Section 123 of Estonian Constitution stipulates:
"The Republic of Estonia shall not conclude international treaties which are in conflict with
the Constitution. If laws or other legislation of Estonia are in conflict with international
treaties ratified by the Riigikogu, the provisions of the international treaty shall apply."
3. Does the phrase "other works" in Section 4(3)(23) include:
(a) cinematographic works within the meaning of Article 11 of the TRIPS Agreement and
Articles 2 and 14bis of the Berne Convention;  and
(b) lectures, addresses, sermons, works of engraving and lithography and three
dimensional works relative to geography and topography within the meaning of
Article 2 of the Berne Convention?
Cinematographic works are covered by "audiovisual works" (Copyright Act Section 4(3)9)).
Section 4(3)18) covers cartographic works (topogra phic, geographic, geological, etc. maps, atlases,
models).  Section 4(3)2) lists also scientific works or works of popular science, either written or three-dimensional (monographs, articles, reports on scientific research, plans, schemes, models, tests, etc.)
as protected works.  According to Section 4(3) 4) also speeches, lectures, addresses, sermons and
other works which consist of words and which are expressed orally (oral works) are protected.
4. In terms of Section 4(3)(22) and 34 of the Estonian Copyright Act, copyright refers to
"collections of works and collections of information (including data bases)" but, on the contrary, in
terms of Section 5(7), the Copyright Act does not ap ply to "mere facts and data".  Please clarify the
respective application to these two provisions.  Co nfirm whether or not compilations of data, within
the meaning of Article 10.2 of the TRIPS Agreement, are in fact covered by the Estonian Copyright
Act.
"Mere facts and data" (stipulation deriving from Berne Convention Article 2(8)) cannot be
viewed as databases (as collections of information, collections of facts and data).  The Estonian
Copyright Act (Section 34) protects compilations of data within the meaning of Article 10.2 of the
TRIPS Agreement.
5. In Section 5 of the Estonian Copyright Act there is no mention made of the Act not applying to
"mathematical concepts" as provided for in Arti cle 9.2 of the TRIPS Agreement.  Please clarify
whether or not the Estonian Copyright Act does apply to mathematical concepts and that suchconcepts fall within the meaning of "theories" in Article 5(1) of the Copyright Act.
The Estonian Copyright Act does not apply to ideas, images, notions, theories, processes,
systems, methods, concepts, principles, discoveries, inventions, and other results of intellectual
activities which are described, explained or expressed in any other manner in a work (Section 5(1)).Also mathematical concepts as provided for in Article 9.2. of the TRIPS Agreement are covered.
6. In Section 5(2) of the Estonian Copyright Act, it is stated that the Act does not apply to
"expressions of folklore".  Please explain:
(a) the meaning of the phrase "expressions of folklore";  and
(b) why "expressions of folklore" are excluded from the protection.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 11
"Expressions of folklore" cover customs, beliefs, stories, songs, dances, traditions of
particular countries.  Folklore (expressions of folklore) are not protected under Copyright Act and the
basis for such provision is the meaning of Article 2 of the Berne Convention which does not recognize
folklore as a special category of works.
A distinction is made between expressions of folklore and copyrightable work based on
folklore.  A work based on folklore is copyrightable provided it meets the criteria stipulated in the
Copyright Act Section 4 Subsection 2 – the work has to be original (result of authors own intellectual
activity), expressed in an objective form and can be perceived and reproduced in this form either
directly or by means of technical devices.  For example, if expressions of folklore are translated,
adapted (meaning that original parts have been adde d to the original text) etc., then differentiation
between an expression of folklore and a copyrightable work based on folklore is dependent on
meeting the criteria of originality (for instance, writing down words of a recorded folk-song is not
basis for an authorship, the writer has just done technical work in that case).
7. Please explain if rental rights, as prescribed in  Article 11 of the TRIPS Agreement in relation
to "computer programs and cinematographic works", are provided for in the Estonian Copyright Actand advise where mention is specifically made of such rights with respect to such works in the
Estonian Copyright Act.
Section 4(3)3) lists computer program as a work in which copyright subsists.
Cinematographic work as copyrightable work is covered by "audiovisual works" (Section 4(3)9)).
Copyright Act Section 13 lists author’s economic rights. Section 13(2) stipulates:
"An author shall enjoy the exclusive right to authorise or prohibit the rental or lending of
copies of his or her works to the public even in the case where the distribution right has been
exhausted."
Section 13(3) gives the definition of rental:"For the purposes of this Act, 'rental' means making a work, copies thereof or any other
results specified in this Act available for use, for a limited period of time and for direct or
indirect economic or commercial advantage."
C. T
RADEMARKS
8. Section 8 of the Estonian Trade Mark Act sets out relative grounds for refusal of a trademark
registration, one of these being contained in Section 8(7), where reference is made to "trademarks
including protected industrial designs".  Please confirm that this ground would be interpreted in
Estonian law to mean "trademarks including protected industrial design of a third party".
The phrase "trademarks including protected industrial designs" would be interpreted in
Estonian law to mean "trademarks including protected industrial design of a third party".
9. Is the presumption, which is contained in the second sentence of Article 16.1 of the TRIPS
Agreement, inherent in Section 33(1) of the Estonian Trademark Act?
The presumption of Article 16.1 of the TRIPS Agreement is inherent in Section 33(1) of the
Estonian Trademark Act.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 12
D. GEOGRAPHICAL INDICATIONS
10. Please notify texts of the Consumer Protection Act and the Alcohol Act of which mention is
made on page 5 of doc ument IP/N/1/EST/1.
With regard to geographical indications, the Consumer Protection Act and the Alcohol Act
have only a subsidiary meaning since the Geographical Indications Protection Act was adopted on
15 December 1999 and entered into force on 10 January 2000.  The latter has recently been notified to
the WTO Secretariat and the text is availa ble upon request (docum ent IP/N/1 /EST/G/1).
11. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
Section 7(1) points 6 and 61 of the Trademark Act have relevance in this matter.
"The following shall not be registered as a trademark:6) trademarks, which are of such nature as to deceive the consumer as to the kind, quality,
quantity, intended purpose, value or geographical origin of the goods and services, the time ofproduction of the goods or of the rendering of the services, or other characteristics of the
goods or services;
6
1) trademarks, which contain a registered geographical indication or are confusingly similar
to it if it may result in an unlawful use of the geographical indication pursuant to theprovisions of §§ 11 or 18 of the Ge ographical Indication Protection Act;"
12. Please give the definition of a geographical indication in your legislation.
According to Section 3 of the Geographical Indications Protection Act, the definition of a
geographical indication is as follows:
"(1) Geographical indication means:1) the name of or a reference to a geographical area which indicates the specific geographical
origin of a good or service if the given quality, reputation or other characteristic of the good
or service so identified is essentially attributable to the geographical area where the good is
produced, processed or prepared or where the service is rendered;
2) other word, phrase or symbol that, resultin g from long-term and consistent use, has become
essentially attributable to the geographical area where the good is produced, processed or
prepared or where the service is rendered.
(2) For the purposes of this Act, a geographical area means the territory of a state, or a
particular region or locality in that territory. The geographical area does not have to coincide
with the administrative unit or settlement unit bearing the same name. The name of the
geographical area serving as a geographical indication does not have to coincide with the
current official name of that geographical area."
13. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
According to the cited definition of the geographical indication, there must exist a link
between the area to which the geographical indication refers, and the characteristics of the goods orIP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 13
services indicated. Also sections 3(1), 8 point 2, 10, 23(4) point 6 (with reference to section 26) and
24(2) point 3 of the Geographical Indications Protection Act have relevance in this matter.
14. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
Chapter 3 of the Geographical Indications Protection Act grants specific legal protection of
geographical indications for alcoholic beverages.
Chapter 3 of the Act defines homonymous indications for wines, including criteria and
specific provisions upon using homonymous indications.
The provision of legal protection to homonymous indications is that legal protection shall be
accorded to each homonymous indication independently. Stipulation upon using homonymous
indications is that user of a homonymous indication is obliged to provide the wine label with
information sufficient to differentiate one homonymous indication from another with the purpose of
avoiding misleading the consumers.
Protection against unlawful use of registered geographical indication for identifying alcoholic
beverage is covered by section 18. Accordingly, a registered geographical indication shall not be used
for identifying alcoholic beverage not originating in the geographical area indicated by the
geographical indication in question, including cases where the true origin of the alcoholic beverage is
indicated or the geographical indication is used in translation or accompanied by expressions such as"kind", "type", "style", "imitation" or the like.
Action against trademark containing geographica l indication misleading as to geographical
origin of alcoholic beverage, is stipulated by section 19. Thereby, any interested person may request
the declaration of invalid of a trademark registered for identifying alcoholic beverage before the dateof entering into force of this Act if the trademark contains a registered geographical indication or is
misleadingly similar to it and the alcoholic beverage identified by the trademark in question does not
originate in the geographical area indicated by the geographical indication.
No other types of products are covered by this additional protection.
15. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your
jurisdiction.
Exceptions under Article 24 of the TRIPS Agreement are part of the Geographical Indications
Protection Act  (adopted on 15 December 1999, entered into force on 10 January 2000).  The Act has
been forwarded to the WTO Secretariat and the English text is available upon request (document
IP/N/1/EST/G/1).
The exceptions described in Article 24 of the TRIPS Agreement are used in our legislation as
follows.
Firstly, Sections 19-20 (trademark containing geographical indication misleading as to
geographical origin of alcoholic beverage; and right of prior use of geographical indications ofalcoholic beverage) cover the meaning of Article 24.4 of TRIPS.
Secondly, Section 12 (right of prior use of trademark containing geographical indication if
filed or registered in good faith) of Geographical Indications Protection Act corresponds to the
Article 24.5 of TRIPS Agreement.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 14
Section 8 point 5 (a geographical indication has lost its original meaning and has become a
generic term) meets the meaning of Article 24.6 of TRIPS.
Furthermore, Section 11 paragraph 2 (no prohibition to use a geographical indication in a
trade name) is in accordance with Article 24.8 of TRIPS
Finally, point 7 of Section 8 (a geographical indication is not (anymore) protected in the
country of origin) contains the idea of Article 24.9 of TRIPS Agreement.
16. Please provide examples of the use of the exceptions by courts or lists of names considered as
generic in your jurisdiction.
There has been no practice in the field  yet.
E. INDUSTRIAL DESIGNS
17. Please confirm that, in terms of Section 2(2) of the Estonian Industrial Design Protection Act,
the whole of the TRIPS Agreement has been integr ated into, and now forms part of the national law of
Estonia?
Estonia confirms that in terms of Section 2(2) of the Estonian Industrial Design Protection
Act, the whole of the TRIPS Agreement has been integrated into, and now forms part of the national
law of Estonia.  According to Article 123 of the Cons titution of the Republic of Estonia, this principle
is effective with regard to all (including intellectual property) rights.
F. PATENTS
18. Does Section 4 of the Estonian Patent Act mean that the TRIPS Agreement has been
integrated into, and now forms part of, the national law of Estonia insofar as patents are concerned?
Estonia confirms that Section 4 of the Patent Act means that the TRIPS Agreement has been
integrated into, and now forms part of the national law of Estonia insofar as patents are concerned.
19. Please clarify and explain to what extent are layout-designs of integrated circuits not
protectable under the Act pursuant to Section 7(3) of the Estonian Patents Act.
Pursuant to Section 7(3) of the Patent Act, layout-designs of integrated circuits are not
protectable as such.  Specific provisions regarding integrated circuits are contained in the Act on the
Protection of Layout-Designs of Integrated Circuits.
20. Please clarify in what respect "possessing" is an act of infringement in relation to
Section 15(1)(1) of the Estonian Patents Act?
Section 15(1)(1) of the Patent Act was repealed on 27 October 1999.
21. Where the subject-matter of a patent is a process, Section 15(2) of the Estonian Patents Act
makes no mention of "importing" the product obtained directly by the process.  Please confirm that
the verb "obtaining" in Section 15(2) of the Estonian Patents Act would be interpreted broadly to
include "importing" within the meaning of Article 28.1(b) of the TRIPS Agreement.
The verb "obtaining" in Section 15(2) of the Patent Act (as amended on 27 October 1999) is
to be interpreted broadly to include "importing" within the meaning of Article 28.1(b) of the TRIPS
Agreement.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 15
22. Please explain the discrepancies between Section 47 of the Estonian Patents Act and
Article 31 of the TRIPS Agreement, and more particularly with Article 31(c) through to (h) and (l).
Section 47 of the Patent Act includes the conditions of Article 31(c)-(h) and (l) of the TRIPS
Agreement, as follows:
• subsection 3 of the said section includes the provisions of Article 31(c), (f) and (h);
• littera (f) is concerned also in subsection 1 point 2 and subsection 11;
• the requirements of Article 31(e) are expressed in subsection 4;
• the requirements of Article 31(d) are expressed in subsection 5;
• the requirement of Article 31(g), concerning the termination of the authorized use,
are expressed in subsection 7;
• the requirements of Article 31(l)(i-ii)  are expressed in subsection 1 point 3 and
subsection 2.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
23. Please confirm that it is correct to say, in terms of Section 2(3) of the Estonian Act on the
Protection of Layout-Designs of Integrated Circui ts, the provisions of the TRIPS Agreement and, in
particular, the Articles of the Treaty on Intellectual Property, in respect of integrated circuits referred
to in Article 35 of the TRIPS Agreement, have been  integrated into, and now form part of the national
law of Estonia.
Estonia confirms that, in terms of Section 2(3) of the Act on the Protection of Layout-Designs
of Integrated Circuits, the provisions of the TRIPS Agreement and, in particular, the Articles of theTreaty on Intellectual Property in Respect of Integrated  Circuits referred to in Article 35 of the TRIPS
Agreement, have been integrated into, and now  form part of the national law of Estonia.
24. Please explain why the limitations of Article 37.1 of the TRIPS Agreement have not been built
into Section 15 of the Estonian Layout-Desig ns of Integrated Circuits Protection Act.
The limitations of Article 37.1 of the TRIPS Agreement are expressed in section 15(2) point 3
of the Layout-Designs of Integrated Circuits Protection Act as follows:
"The owner of layout-design shall have the right to: 3) demand from a person who has, in
good faith, obtained an integrated circuit containing a registered layout-design that has been
disseminated without the consent of the owner of layout-design, a reasonable compensation
for further commercial exploitation of the integrat ed circuit, after notifying him of the rights
of the owner. The amount of the compensation shall be specified on the basis of the extent of
further commercial exploitation of the integrated circuit."
25. Please advise why the conditions, which have been set out in subparagraphs (a) through to
(k) of Article 31 of the TRIPS Agreement, have not been incorporated into the Estonian Layout-
Designs of Integrated Circuits Protection Act and to  which reference is made in Article 37.2 of the
TRIPS Agreement.
Article 31 of the TRIPS Agreement does not oblige the Members to establish a system of
providing non-voluntary licences.  Currently the possibility of granting compulsory licence on layout-IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 16
designs of integrated circuits is not provided in the Estonian law. Estonia will continue to develop its
legal system of intellectual property rights and the Layout-Design of Integrated Circuits Protection
Act will be revised.
H. UNDISCLOSED INFORMATION
26. On pages 9 through to 10 of document IP/N/1/EST/1 mention has been made by Estonia to
certain specific Acts, which are operational in Estonia, relating to the protection of undisclosed
information but two questions arise from the provision of Article 39 of the TRIPS Agreement namely:
(a) Please describe and explain the provisions of your legislation relating to the
protection of undisclosed information as envisaged in Article 39.2 of the TRIPS
Agreement.
According to the Competition Act confidential  information is defined as any technical,
technological or other business information the publication of which is not mandatory, and
information concerning commercial negotiations, transactions, market research and other
circumstances. Misuse of confidential information is the use of confidential information of another
undertaking if such information is obtained unlawfully or the use thereof is contrary to an agreemententered into with the other undertaking. The misuse of confidential information is prohibited.
The Estonian Databases Act stipulates that data maintained in state and local government
databases is public, except if access to or release of data is prohibited by law or if the data is intended
for internal use only.
(b) Please describe and explain the provisions of your legislation relating to the
approval of the marketing of pharmaceutical or agricultural chemicals prescribed in
Article 39.3 of the TRIPS Agreement.
The Ministry of Social Affairs and the State Agency of Medicines have drafted amendments
to the Medicinal Products Act stipulating the requirements of Article 39 of the TRIPS Agreement.
The Ministry of Agriculture is currently drafting amendments concerning agricultural chemicals to thePlant Protection Act.
I. E
NFORCEMENT
27. Please explain what provisions exist in Estonian law relating to the enforcement of
intellectual property rights as set out specifically in Article 46 of the TRIPS Agreement.
Code of Civil Procedure Section 155 stipulates:
"(1) On the application of a party, a court may secure an action by a ruling. An action may be
secured throughout the proceeding in a matter if failure to secure the action may render
compliance with the judgement difficult or impossible.
(2) A court may secure an action not earlier than one month before the filing of the action on
the basis of a reasoned written petition. A petition for securing an action shall be filed with
the court with which the action should be filed pursuant to the provisions concerning
jurisdiction; the petition shall set out the reasons for not filing the action immediately.
The measures for securing action are stipulated in section 156:IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 17
"3) seizure of a movable belonging to the defendant which is in the possession of the
defendant or another person;"
The owner of intellectual property rights whose rights have been infringed may file a civil
action containing a claim to take measures (removal from circulation all matter which causes
infringement) to prevent the further infringement of  the rights of the trademark owner or the licensee.
Upon hearing matters regarding administrative offence,  parties can apply for seizure.  Subsection 1 of
Section 238 of the Code of Administrative Offences stipulates that subjects to seizure include among
other items:
- a means or instrument used to commit the administrative offence;
- a vehicle which has been specifically reconstructed for the purpose of violating the
customs rules and by, in, or with the assistance of which goods which are deemed to
be the direct object of a violation of the customs rules were or were intended to be
transported;
- pirated goods;- counterfeit goods.
Upon entering into force of a decision on seizure,  the seized items are subject to destruction
pursuant to procedure provided for in § 340 of the Code of Administrative Offences.  Similar
provisions are stipulated in Estonian criminal law.
28. Although provisions in respect of special requirements relating to border measures are
contained in Sections 26 and 45 (as amended) of the Estonian Customs Act (IP/N/1/EST/E/1) and
although other provisions available in Estonia are encapsulated in paragraphs 15 and 16 of
document IP/N/6/EST/1, please explain and/or give information in respect of special requirementsrelating to border measures as contained in Articles 51 to 60 of the TRIPS Agreement and when they
will be brought into operation by the Estonian legislation.
A right holder can lodge an application to competent authorities, including customs
authorities or a police department, in case of suspecting pirated goods. If customs authorities have a
reason to believe that a good is infringing, the customs authorities can sustain the goods.
The principles of Article 60 of the TRIPS Agr eement are reflected in the Sections 19(3) and
21 of the Estonian Customs Act.
IV. REPLY TO QUESTION POSED BY JAPAN
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of  the national treatment and most-favoured-nation
treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4of the TRIPS Agreement.
In the Report of the Working Party on the Accession of Estonia to the World Trade
Organisation (WT/ACC/EST/28) the representative of Estonia said that Estonia deemed its
intellectual property right protection compatible wi th the TRIPS Agreement with no exceptions to the
principles of national and MFN treatment (paragraph 118). In accordance with paragraph 121 of the
Report Estonia applies the principle of national treatment in the protection of works.
The Estonian Copyright Act Section 3 stipulates:IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 18
"(1) The Copyright Act applies to works:
1) the author of which is a citizen or a permanent resident of the Republic of Estonia;
2) first published in the territory of the Republic of Estonia or not published but located
in the territory of the Republic of Estonia, regardless of the citizenship or the
permanent residence of the creator of the works;
3) which must be protected in accordance with an international agreement of the
Republic of Estonia.
(09.12.1999 entered into force 06.01.2000 - RT I 1999, 97, 859)
"(2) This Act applies to works first made available to the public in a foreign state or not
made available to the public but located in the territory of a foreign state, the author
of which is a person whose permanent residence or registered office is in the foreignstate and to which clause (1) 3) of this section does not apply, only if this state
guarantees similar protection for works of the authors of the Republic of Estonia and
for works first published in the Republic of Estonia."
V. REPLIES TO QUESTIONS POSED BY SWITZERLAND
A. P
ATENTS
1. Are all categories of products subject to patent protection under your law or are there any
exceptions.  If so, please explain in detail what these exceptions are and how they apply.
In Estonia all categories of products of any fiel d of technology are subject to patent protection
if they meet certain conditions and the Estonian Patent Act includes Article 27.1 of the TRIPS
Agreement.  The Estonian Patent Act Section 5 stipulates:
"(1) Patent protection may be given to inventions of any field of technology provided that
they meet the conditions for patentability provided for in § 8 of this Act and are
excluded from inventions not patentable under § 7 of this Act."
Exceptions (the Estonian Patent Act Section 7) are in accordance with paragraphs 2 and 3 of
Article 27 of the TRIPS Agreement:
"(1) The following shall not be protected with patents:
1) inventions contrary to ordre public and morality;
2) methods for treatment of the human or animal body and diagnostic methods
practised on the human or animal body;
3) layout-designs of integrated circuit;
 (2) The following biotechnological inventions shall not be protected with patents:
1) processes for cloning human beings;2) processes for modifying the genetic identity of human beings;IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 19
3) processes for using human embryos for commercial purposes, including
processes prohibited by the Artificial  Insemination and Embryo Protection
Act (RT I 1997, 51, 824);
4) processes for modifying the genetic identity of animals which are likely to
cause them suffering without any substantial medical benefit to the health
care of human beings or animals, and also animals resulting from the use of
such processes;
5) processes which are biological in esse nce and are used for deriving biological
materials, producing plant or animal varieties, except microbiological
processes for deriving microorganisms;
6) biotechnological inventions that can be used solely for one particular plant or
animal variety."
2. Does your law make compulsory licences subject to the conditions enumerated in Article 31
of the TRIPS Agreement?  If exceptions are provided for, please describe in detail what theseexceptions are and how they apply in Estonian law.
Section 47 of the Estonian Patent Act provides principles of compulsory licences and includes
all conditions of Article 31 of the TRIPS Agreement.  No exceptions are provided for.
3. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, recognize importati on as "working a patent" (and therefore preclude compulsory
licences)?
The Patent Act recognizes importation from any Member state of the WTO as "working a
patent".  The Patent Act Section 47 stipulates:
"(1
1) A compulsory licence shall not be granted if the patentee imports, from any member
state of the World Trade Organization, a product protected by a patent in the extent meeting
the needs of Estonian domestic market."
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.
The Patent Act provides the principles of burden of proof in accordance with Article 34 of the
TRIPS Agreement.  Section 551 of the Patent Act stipulates:
"(1) If an action has been filed in court under subsection 15(2) of this Act, the defendant
shall be obliged to prove that for making a similar product he has used a process
different from the patented process.
(2) If the use of a different process is not proved, the product shall be deemed to have
been made according to the patented proces s, provided that in spite of reasonable
efforts the patentee has not succeeded in specifying the process actually used for
making this product and the use of the patented process is probable, or if the productmade according to the patented process is new.
(3) Evidence submitted by the defendant and containing his manufacturing or business
secrets may be disclosed solely with the consent of the defendant.  [16.06.1998]".IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 20
Subsection 15(2) of the Patent Act deems the making, use, distribution, selling, offering for
sale or obtaining (including the import) of a product, which is similar to the product of patented
process, to be the infringement of the exclusive right of the patentee, unless it is proved that the
similar product has been made according to a different process.
B.P ROTECTION 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 product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second
applicant from relying on, or from referring to the original data of the first applicant, when applyingsubsequently for market authorization for his own product.  Does your legislation provide for
exceptions to this?  If yes, under what conditions would such exceptions apply?
According to the Competition Act confidential  information is defined as any technical,
technological or other business information the publication of which is not mandatory, andinformation concerning commercial negotiations, transactions, market research and other
circumstances.  Misuse of confidential information is the use of confidential information of another
undertaking if such information is obtained unlawfully or the use thereof is contrary to an agreement
entered into with the other undertaking.  The misuse of confidential information is prohibited.
The Databases Act stipulates that data maintain ed in state and local government databases is
public, except if access to or release of data is prohibited by law or if the data is intended for internal
use only.
The Ministry of Social Affairs and the State Agency of Medicines have drafted amendments
to the Medicinal Products Act stipulating the requirements of Article 39 of the TRIPS Agreement.
The Ministry of Agriculture is currently drafting amendments concerning agricultural chemicals to the
Plant Protection Act.
No exceptions are provided by Estonian law.
Follow-up questions:
A. Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible Authorities in the procedure for market authorization of a pharmaceutical or of an
agricultural chemical product:  please explain in more detail whether and how your law prevents the
responsible Authorities or a second applicant from rely ing on or from referring to the original data of
the first applicant for the market authorization procedure of the product of the second applicant.  Inparticular, has a second applicant to provide to th e responsible Authorities the same amount of data
on safety and efficacy for such a product as the first applicant?
Data protection against unfair commercial use in the procedure for market authorisation of
pharmaceutical products is covered by the Regulation No. 25 of the Minister of Social Affairs of26 February 2001, amending the Regulation No. 13 of the Minister of Social Affairs of 29 March
1996 on the Procedure for Registration of Medicinal Products and Approval of Variations to the
Terms of Registered Medicinal Products.
The regulation stipulates that an applicant for the market authorisation of a medicinal product
has to provide the results of chemical and pharmacological (pre-clinical) tests and the results of
clinical trials relating to his product. However, the following exemptions are allowed:
No pre-clinical or clinical data will be required if the applicant can demonstrate:IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 21
(a) either that the medicinal product is essentially similar to a product authorised in
Estonia and that the holder of the market authorisation of the original medicinal product has
consented to the pharmacological, toxicological or  clinical references contained in the file on
the original proprietary medicinal product bein g used for the purpose of examining the new
application for market authorisation;
(b) or by detailed references to published scientific literature that the constituent or
constituents of the medicinal product have a well established medicinal use, with recognised
efficacy and an acceptable level of safety;
(c) or that the medicinal product is essentially similar to a product which has been
authorised within the European Union or in Es tonia for not less than six years (ten years in
case of high-technology medicinal products) and is marketed in Estonia at the moment of the
new application.
Data protection of medicinal products is further granted through the following provisions:"Medicinal Products Act
"§ 15. Liability for violation of this Act
"(2) Everyone who uses information obtained due to their official duties
concerning the business or professional secrets of an enterprise dealing with medicinal
products or a pharmacy in the interests of themselves or a third person shall
compensate for any damage caused, pursuant to procedure provided by law."
Regulation No. 13 of the Minister of Social Affairs of 29 March 1996; Regulation No. 11 of
the Minister of Social Affairs of 30 January 1998 and Regulation No. 39 of the Minister of Social
Affairs of 26 May 1999 on the Procedure for Regist ration of Medicinal Products and Approval of
Variations to the Terms of Registered Medicinal Products:
"3. Consideration of Application
"3.10. The Agency of Medicines is obligated to guarantee the confidentiality of the
proprietary medicinal product related information supplied by an applicant."
Government of the Republic Regulation No. 192 of 18 July 1996 on Approving the
requirements for issue of activity licences for the manufacture, wholesale or retail trade of medicinal
products and of the procedure for application for and revocation of activity licenses, and the form of
activity licences:
"12. The members of the expert committee and all persons who have access to
materials submitted for an activity licence shall ensure their confidentiality and
prevent access of third persons to the information."
Protection of original data of agricultural chemical products is provided through the following
sections of the Plant Protection Act:
"§ 72. Use of register data upon registration of other plant protection products
(1) Upon application for entry of a plant protection product in the register, data
entered in the register on research and testing conducted concerning active substances,IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 22
which are similar to the active substances contained in such plant protection product,
may be used. The applicant shall certify the identity of active substances.
(2) In order to use data specified in subsection (1) of this section, the consent of a
person whose application was the basis for entry of the active substances in theregister is required."
"§ 77. Protection of registered data
(1) Data entered in the register are public, except data, which for a justified
reason are classified as a business secret in a person's application. A person may apply
for the disclosure of data containing business secrets at any time."
"§ 85. Rights and duties of supervisory officials
(3) Supervisory officials are required to maintain business secrets, which they become
aware of during supervision. Information may be disclosed if the maintenance thereof
endangers human health or the environment."
"§ 89. Other duties of plant protection inspectors
(1) A plant protection inspector is required to:
3) maintain business secrets which he or she becomes aware of."
B. Does your legislation provide for time-limits before the expiration of which such data cannot
be relied upon or referred to by the Authorities or by a second applicant for the market authorization
of such a second product which is equivalent to the original product?
Time limits for data exclusivity of pharmaceutical products are provided in the Regulation
No. 25 of the Minister of Social Affairs of 26 February 2001, amending the Regulation No. 13 of the
Minister of Social Affairs of 29 March 1996 on the Procedure for Registration of Medicinal Products
and Approval of Variations to the Terms of Registered Medicinal Products.
According to the regulation the time limit for data exclusivity of medicinal products is 6 years
(10 years for high-technology medicinal products).
The current Plant Protection Act includes no time limits for the protection of original data of
agricultural chemical products. However, future amendments foresee a protection period of ten years.
C. You mention that amendments have been drafted for the Medicinal Products Act and are
currently being drafted for the Plant Protection Act in order to comply with the requirements of
Articles 39.3 of the TRIPS Agreement.  Please explain in detail what the contents of these
amendments will be.
The drafted amendments to the Medicinal Products Act contain mostly issues related to the
clinical testing of medicinal products. However, further amendments, including requirements for
marketing authorisation of medicinal products, will be incorporated into the new Medicinal Products
Act to be drafted this year.
The new Plant Protection Act, which was passed on 15 March 2000 and entered into force on
1 January 2001, complies with the requirements of Article 39.3 of the TRIPS Agreement.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 23
VI. REPLIES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. With respect to each form of intellectual property covered by Part II of the TRIPS Agreement,
including plant variety protection, please explain the manner in which the laws of Estonia ensure thatnationals of other WTO Members receive national treatment and most-favoured-nation treatment as
required by Articles 3 and 4 of the TRIPS Agreement.  Please cite to the relevant provisions of law.
Copyright
Section 3 of the Copyright Act regulates the validity of the Copyright Act and Subsection 1 of
the relevant Section stipulates, that the Copyright Act applies also to works:  "…3) which must be
protected in accordance with an international agreement of the Republic of Estonia".
There are no exceptions or exemptions from national treatment and most-favoured-nation
treatment in the Copyright Act.
Trademarks
Trademark Act Section 5(1) stipulates:"Natural and legal persons may acquire legal protection for their trademarks in the Republic
of Estonia on the basis of and pursuant to the procedure prescribed in this Act."
Geographical Indications
The Geographical Indication Protection Act, Section 2 stipulates:
"The rights and obligations prescribed in legislation regulating the legal protection of
geographical indications apply equally to natural and legal persons of the Republic of Estonia
and of foreign states (hereinafter persons), considering restrictions provided for in this Act."
Industrial designs
The Industrial Design Protection Act, Section 3 stipulates:"Natural and legal persons (hereinafter persons) of the Republic of Estonia and of foreign
states shall be equal in exercising the rights and obligations prescribed in this Act and other
legislation regulating the legal protection of industrial designs ."
Patents
The Patent Act, Section 3 stipulates:
"Natural and legal persons of the Republic of Estonia and of foreign states (hereinafter
persons ) shall exercise the rights and obligations prescribed by this Act on equal grounds
unless the legislation of the Republic of Estonia or international agreements ratified by the
Riigikogu provide otherwise."
Layout-designs of integrated circuits
The Act on the Protection of Layout Designs of  Integrated Circuits, Section 3 stipulates:IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 24
"Natural and legal persons (hereinafter persons) of the Republic of Estonia and of foreign
states shall be equal in exercising the rights and duties prescribed in this Act and by other
legal acts providing legal protection of layout-designs of integrated circuits, taking into
account the restrictions provided for in this Act for persons of foreign states."
Plant variety protection
The Plant Variety Rights Act, Section 14 stipulates:"(1) A natural person or a legal person who is the breeder or owner of a variety has a right
to apply for the plant variety right. If the breeder and owner of a variety are not the
same person, the owner of the variety has the right to apply.
(2) The breeder of a variety is a natural person or a group of persons who has bred or
identified the variety by using different breeding techniques.
(3) The owner of a variety is the person who has acquired the proprietary rights attached
to the variety on a legal basis. A breeder of a variety may also be the owner of the
variety. If a variety is bred by a breeder in an employment or service relationship or
on order, the employer or the customer is  deemed to be the owner of the variety.
(4) If the breeder and owner of a variety are not the same person, the non-proprietary
rights attached to the variety belong to the breeder of the variety and the proprietary
rights attached to the variety belong to owner of the variety."
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please describe any provisions applicable to copyright and related rights are contained in
Estonia's Civil Code and please cite to the provisions.
The general measures for protection of civil rights are stipulated in Section 112 of the General
Part of the Civil Code Act.  Accordingly, measures for protection of civil rights are:
(1) recognition of rights;(2) elimination of violations and prevention of further violations;(3) restoration of the situation that existed prior to violation;(4) compensation for damage;
(5) compulsory performance of obligations;
(6) other measures provided by law.
Therefore, as the General Part of the Civil Code Act provides for the general principles of
civil law,  the provisions of this Act are applicable also to copyright and related rights.
In addition, Copyright Act Section 81 stipulates protection of copyright and related rights
under civil law:
"§ 81. Protection of copyright and related rights under civil lawIP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 25
(1) In the case of an infringement of copyright or related rights and a dispute which arises
in the implementation of this Act or other copyright legislation, either party or both
parties may have recourse to the courts for resolution of the dispute.
(2) In addition to the measures specified in § 112 of the General Part of the Civil Code
Act (RT I 1994, 53, 889; 89, 1516; 1995, 26-28, 355; 49, 749; 87, 1540; 1996, 40,
773; 42, 811; 1998, 30, 409; 59, 941; 1999, 10, 155), infringed rights are protected
under civil law by:
1) ordering payment of damages for moral damage;
2) ordering delivery of assets acquired through infringement;
3) termination of a contract;4) prohibition of infringing activities.
(3) If a claim filed by an entitled person or representative thereof pursuant to clause (2)
of this section is included in a criminal matter or matter regarding an administrative
offence arising from a violation of copyright legislation, then, upon the rendering of a
decision in the same matter ordering seizure of the assets acquired as a result of thecriminal offence or administrative offence, the same amount of money or an
equivalent of the seized assets in money shall be ordered to be paid or delivered to the
entitled person by the same decision.
(4) If, as a result of a violation of copyright legislation, a work is communicated to the
public, recorded, reproduced, distributed, imported or altered etc., an entitled person
may claim:
1) restoration of the work in the original form; or2) alteration of copies of the work by specific means; or
3) destruction of pirated copies.
(5) The provisions of clauses (4) 2) and 3) of this section do not apply to works of
architecture.
(6) It is prohibited to transfer pirated copies to the author, holder of related rights or a
representative thereof".
The Code of Civil Procedure stipulates regulation of civil proceedings and as copyright
infringement may result in civil liability, the provis ions in the Code of Civil Procedure are applicable
also to copyright and related rights.
3. Section 5(2) of Estonia's copyright law provides that the law does not apply to expressions of
folklore.  Please explain the criteria used to differentiate an expression of folklore from a
copyrightable work based on folklore.
Folklore (expressions of folklore) is not protected under Copyright Act and the basis for such
provision is the meaning of Berne Convention Article 2, which does not recognize folklore as a
special category of works.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 26
A work based on folklore is copyrightable provided it meets the criteria stipulated in the
Copyright Act Section 4 Subsection 2 – the work has to be original (result of author's own intellectual
activity), expressed in an objective form and can be perceived and reproduced in this form either
directly or by means of technical devices.  For example, if expressions of folklore are translated,adapted (meaning that original parts have been adde d to the original text) etc., then differentiation
between an expression of folklore and a copyrightable work based on folklore is dependent on
meeting the criteria of originality (for instance, writing down words of a recorded folk-song is not a
basis for an authorship, the writer has just done technical work in that case).
4. Please describe in detail how Estonia has impl emented the obligations of Article 18 of the
Berne Convention, as incorporated by Article 9 of the TRIPS Agreement and how protection has beenrestored for phonograms that were in existence in Estonia on the date of application of the TRIPS
Agreement, that were still protected in their country of origin and that had not had a full term of
protection in Estonia.
The term of protection of copyright shall be the life of the author and seventy years after his
or her death (Copyright Act Section 38).  As to the producers of phonograms, the rights prescribed inCopyright Act shall not expire before the end of a period of fifty years as of the first fixation of a
phonogram (Section 74).  Those dates are in accordance with relevant international standards.  If
copyright protection is claimed in Estonia for works that are still protected in its country of origin and
fallen under the public domain in Estonia, the Berne Convention Article 18(2) applies (also Berne
Convention Article 7(8) should be referred to here).
As to the protection of works and results of work of performers, producers of phonograms or
broadcasting organizations created before entry into force of the Copyright Act (1992), Section 88
stipulates:
"(1) This Act also extends to works and results of the work of performers, producers of
phonograms or broadcasting organizations which are created before 12 December
1992.
The requirements established by this Act for the use of works and results of the work of
performers, producers of phonograms or broadcasting organizations do not extend to cases where use
occurred before 12 December 1992.  …"
C. T
RADEMARKS
5. Section 5(4) of Estonia's trademark law provides that the owners of well-known marks to
prevent the use of its trademark by others for similar goods and services if such use takes unfair
advantage of or is detrimental to the distinctive character or reputation of the trademark.  Pleaseexplain whether the well-known mark must be registered for the owner to be able to exercise this
right.
Complying with the requirements of Paris Convention Article 6 bis (1), Section 5(4) of the
Trademark Act provides the right of the protection of well-known trademark. In accordance with the
Trademark Act Section 5(2) the state protects the exclusive right of the proprietor of a protectedtrademark to the trademark.  The provisions of the protection of exclusive right apply to a protected
trademark and do not stipulate the obligation of registration.
6. Please describe in detail the manner in which well-known marks are protected in Estonia,
including indicating the criteria used to determine whether the mark in question is well known.
 The protection is regulated by the Trademark Act Sections 5(4) and 33(2).IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 27
"§ 5. Legal regime of trademarks
(4) The owner of a trademark has the right to prohibit the use of the trademark in relation
to the same or similar goods and services as well as other goods and services if thetrademark is well-known in the Republic of Estonia and such use takes unfair
advantage of or is detrimental to the distinctive character or reputation of the
trademark."
"§ 33. Protection of exclusive right of trademark owners(2) The exclusive right of the owner of a we ll-known trademark in the meaning of Article
6bis of the Paris Convention for the Protection of Industrial Property shall be
protected by state supervisory agencies as of the certification of the trademark as
well-known by a court or by the Patent Office.  The Patent Office shall certify the
trademark as well-known only in connection with the processing of the trademark."
The Trademark Act does not establish the criteria to determine the well-known mark. The
results of customer and market research are mainly taken into consideration in processing of
registration application.
D. G
EOGRAPHICAL INDICATIONS
7. Please describe in detail the protection available for geographical indications under
Estonia's Consumer Protection law.
There are no detailed provisions regarding the protection of geographical indications under
the Consumer Protection Act.  Detailed protection of geographical indications is to available under the
Geographical Indications Protection Act, which was adopted on 15 December 1999 and entered intoforce on 10 January 2000.  Act will be notified to the WTO in the nearest future .
8. Please describe in detail the manner in which Estonia's Alcohol Act prevents the use of
geographical indications for wines and spirits that do not originate in the area indicated by the
indication.
Under Alcohol Act, the only provision dealing with geographical indications states that the
committee deciding on the entry of alcohol in the registry shall take into account the legal acts andinternational agreements concerning the legal protection of trademarks and geographical indications.
In detail, the legal protection of geographic indications for alcoholic beverages is covered by
Chapter 3 of the Geographical Indications Protection Act.
E. I
NDUSTRIAL DESIGNS
9. Please describe in detail the protection available for textile designs in Estonia.
The protection of textile designs is based on the Sections 4(1) and 4(2) of Industrial Design
Protection Act:
"4. Definition of industrial design
(1) An industrial design is a two-dimensional or three-dimensional solution of the
appearance of a product.IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 28
(2) For the purposes of this Act, the solution of the appearance of a product is the
composition of the features of the appearance of the product that consists, either
separately or in combination, of the form, the configuration, the ornament, the
colour(s), the texture and the material."
An industrial design may have variants (Industrial Design Protection Act Sections 4(4) and
5(5)).
"4. Definition of industrial design(4) Industrial design may have variants.  The variants of an industrial design are such
modifications of an industrial design that  produce the same overall impression on a
person skilled in the art."
"5. Granting of legal protection to industrial designs
(5) Variants of an industrial design shall each be given independent legal protection."
F. P
ATENTS
10. Section 47 of Estonia's patent law authorizes the grant of compulsory licenses in certain
circumstances.  The section includes provisions fo r many of the conditions established by Article 31 of
the TRIPS Agreement.  Please describe in detail, how each of these conditions not included in the law
is provided for and cite to the relevant sections of law or regulations.
All provisions of TRIPS Article 31, are included in Section 47 of the Patent Act. By Estonia's
patent law only the court shall grant compulsory li cense.  This requirement applies even in case of
national emergency or other circumstances of extreme urgency. The government or any governmentagency of Estonia has no authority to grant compulsory licence.
Disputes of granting licences are regulated by Section 55(2) of the Patent Act:"(2) Actions referred to in this Act fall within the jurisdiction of the court in the
jurisdiction of which the Patent Office is located."
The court shall resolve patent disputes pursuant to procedure prescribed by the Code of the
Civil Procedure, taking into account the specifications prescribed by the Patent Act.
Permissions of block exemptions, which restrict or may restrict competition, are stipulated in
the Resolution of the Government of Estonia No. 359 of 23 November 1999.
11. Section 57 of Estonia's patent law provides t hat the Estonian Patent Office can become a
third party in court patent infringement proceedings.  Please explain in detail what the Patent Office's
role would be as a third party.
The Patent Office participates as a third party in administrative proceedings, where its role
mainly is to explain its decisions which have been contested and in civil proceedings the Patent Office
may participate as an expert upon the respective request, but such cases are rare.
G. U
NDISCLOSED INFORMATION
12. Paragraph 3 of Article 39 of the TRIPS Agreement requires that Members protect certain test
data submitted to obtain marketing approval for pha rmaceutical and agricultural chemical productsIP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 29
from disclosure and from "unfair commercial use" .  Please explain how Estonia implements these
obligations under the Medicinal Products Act.
The Ministry of Social Affairs and the State Agency of Medicines have drafted amendments
to the Medicinal Products Act, which cover the requirements of Article 39 of the TRIPS Agreement.
According to the Competition Act confidential  information is defined as any technical,
technological or other business information the publication of which is not mandatory, and
information concerning commercial negotiations, transactions, market research and other
circumstances.  Misuse of confidential information is the use of confidential information of another
undertaking if such information is obtained unlawfully or the use thereof is contrary to an agreement
entered into with the other undertaking.  The misuse of confidential information is prohibited.
The Estonian Databases Act stipulates that data maintained in state and local government
databases is public, except if access to or release of data is prohibited by law or if the data is intended
for internal use only.
H. ENFORCEMENT
13. 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.
The principle of written decisions is stipulated in every procedural code in Estonia
(Section 230 of the Code of Civil Procedure, Secti on 261 of the Code of Criminal Procedure, Section
25 of the Code of Administrative Procedure).  Therefore, all the decisions in court proceedings areprovided in writing.
As to the possibility of people becoming familiar with the court decisions – the decisions of
the Supreme Court are published in State Gazette ( Riigi Teataja ) and are available on Internet as well.
14. Please state whether judicial authorities have authority to adopt provisional measures
inaudita altera parte, as required under Article 50.2 of the TRIPS Agreement and under what
circumstances that authority will be invoked.
Code of Civil Procedure Section 155 stipulates:
"(1) On the application of a party, a court may secure an action by a ruling.  An action
may be secured throughout the proceeding in a matter if failure to secure the actionmay render compliance with the judgement difficult or impossible.
(2) A court may secure an action not earlier than one month before the filing of the action
on the basis of a reasoned written petition.  A petition for securing an action shall be
filed with the court with which the action should be filed pursuant to the provisionsconcerning jurisdiction; the petition shall set out the reasons for not filing the action
immediately.   …
(5) A court shall send a ruling on the securing of an action to the other party after the
execution of the ruling.  …"
Section 158(2) stipulates:  "(2) The defendant and other participants in the proceedings shall
not be notified of the hearing of a petition for the securing of an action".
The measures for securing action are stipulated in section 156:IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 30
"1) the establishment of a judicial mortgage on an immovable belonging to the
defendant;
2) the making of a notation in a property register concerning a prohibition on
disposal of property;
3) seizure of a movable belonging to the defendant which is in the possession of
the defendant or another person;
4) a prohibition on a defendant from departing from his or her residence;
5) a prohibition on the defendant from entering into certain transactions or
performing certain acts;
6) a prohibition on other persons from transferring property to the defendant or
performing other obligations with regard to the defendant;
7) in the case of the filing of an action for release of property from seizure,
suspension of the compulsory sale of the property;
8) suspension of collection in an execution proceeding if the execution
document is contested by the filing of an action.
(2) A court may apply several measures concurrently to secure an action.  …"
15. Please indicate if the Estonian customs authorities have ex officio authority to take action to
delay release goods into free circulation suspected counterfeit trademarked goods and pirated
copyrighted works and cite to the relevant provisions of law.
According to Section 65 of the Customs Act "unl awful carriage of goods across the customs
frontier" (including carriage of forbidden goods across the customs frontier) is a violation of customs
rules.  Therefore a person can be held liable according to Section 69 of the Customs Act – a fine up to
the threefold value of the goods which are the direct object of the violation is imposed on a person
unlawfully carrying goods across the customs frontier.
Subsection 8 of Section 69 stipulates:  "In the case of a violation specified in clause (2) 3) of
this section, the customs authorities may seize the goods which are presumed to be the direct object of
the violation of the customs rules.  Objects, substances and other assets subject to mandatory seizure
by the customs authorities shall be provided in subsection 238 (1) of the Code of AdministrativeOffences. Application of seizure is not connected to the imposition of a punishment.  Seizure may be
applied regardless of the fact to whom the seized objects, substances or other assets belong or whether
the legal holder thereof is identified".
Subsection 1 of Section 238 of the Code of Administrative Offences stipulates that subjects to
seizure include among other items:
- a means or instrument used to commit the administrative offence;
- a vehicle which has been specifically reconstructed for the purpose of violating the
customs rules and by, in, or with the assistance of which goods which are deemed tobe the direct object of a violation of the customs rules were or were intended to be
transported;
- pirated goods;IP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 31
- counterfeit goods.
In case customs authorities have a reason to believe that a good is counterfeited or pirated, the
customs authorities can sustain the goods on thei r own and ask assessment as follows – Section 45(11)
of the Customs Act stipulates:
"Goods with regard to which there is reason to believe that they are counterfeit or pirated
goods shall be assessed by:
1) the proprietor or a representative of the proprietor of the trade mark, or the
holder or a representative of the holder of the rights of the proprietor of thetrade mark, or;
1
1) the lawful user of the registered geographical indication, or;
2) the owner or a representative of the owner of the industrial design, or the
holder or a representative of the holder of the rights of the owner of the
industrial design, or;
3) the author or the representative of the author, or the holder or the
representative of the holder of the rights of the author, or;
4) the holder or a representative of the holder of the rights related to the
copyright".
In case the mentioned persons assesses goods as counterfeit or pirated, the customs authorities
can start administrative procedure as described above.
16. Please indicate the Estonian authorities responsible for criminal actions involving
intellectual property rights and indicate whether their authority extends to other forms of intellectual
property rights.
According to Section 93 of the Code of Criminal Procedure the criminal proceedings are
commenced by a preliminary investigator or prosecutor.
According to Customs Act Section 68 customs, police and border guard officials shall prepare
a report on a violation of the customs rules.  Section 75 of the Customs Act also stipulates, that the
customs authorities are pre-trial investigation authorities in matters concerning violation of the
customs rules and they shall follow the legislation regulating criminal procedure.
17. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement
for each of the years 1998 and 1999, including th e number of cases filed; injunctions issued;
infringing products seized; infringing equipment seized;  cases resolved (including settlement);  andthe amount of damages awarded.
See answer to question no 18.
18. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1998 and 1999, including the number of
raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any other informationIP/Q/EST/1, IP/Q2/EST/1,
IP/Q3/EST/1, IP/Q4/EST/1
Page 32
establishing that the criminal system operates ef fectively to deter copyright piracy and trademark
counterfeiting.
Six hundred and sixty six legal and natural persons have been controlled during the first nine
months of the year 2000.  41862 items of pirated products have been discovered and 40832 infringingproducts have been seized.  Protocols on the grounds of the Code of Administrative Offences were
composed in 53 cases.  The total amount of the fines prescribed by the courts was 190510 EEK.
Fifty nine criminal cases were filed, including five cases on the grounds of Section 278 of
Criminal Code, 47 cases on the grounds of Section 280 of Criminal Code, one case on the grounds of
Section 281 of Criminal Code and 6 cases on the grounds of Section 283 of Criminal Code.  Eight
prosecutions were made during the first 9 months of the year 2000.
19. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Estonia, particularly initiatives related to criminal enforcement.
Establishment of Media and Copyright Department in the Ministry of Culture in the
beginning of 2000 was an important step in enforcement of intellectual property rights.  TheDepartment deals among other matters with supervision of legal acts concerning intellectual property
rights.
A number of training courses have been organized for police, customs authorities and judges
during the year 2000.  For example:
- a seminar for members of the copyright committee;- seminar for performers, producers of phonograms and broadcasting organizations;
- special seminars for enforcement institutions.
In addition, more training programmes and seminars are being prepared in order to raise the
administrative capacity and competence of officials involved in enforcement of intellectual property
rights.
In May 2000, a special task force was formed by the Tallinn Police Department for combating
piracy.  Daily raids have been organized in order to remove pirated goods from the marketplaces.  The
seized goods included pirated CD's, videotapes, software and other goods.   
__________