RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/177
12 May 2000
(00-1956)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions Posed by Australia
By means of a communication from the Permanent Mission of Australia, dated 10 May 2000,
the Secretariat has received copies of the following questions addressed to Hong Kong, China;  Israel;
Korea;  Mexico;  and Singapore.
_______________
HONG KONG, CHINA
A. COPYRIGHT AND RELATED RIGHTS
1. Are there any significant judicial decisions or other guidance on the application in practice of
the various exceptions and limitations to copyright under Division III of the Copyright Ordinance?
Are there any specific rules or findings concerning exceptions to copyright protection of computer
software?  What mechanisms are available to obtain equitable remuneration from the exploitation of
works such as the public communication of broadcast works?
2. To what extent does current copyright protection in Hong Kong, China cover the use and
dissemination of copyright works on digital networks such as the Internet?  In addition to Section 26
of the Copyright Ordinance, are there any other legal provisions concerning protection and
enforcement of rights in the digital on-line environment, including any significant judicial or
administrative decisions with bearing on this issue?
3. Is there any applicable jurisprudence determin ing the level/threshold test of "originality"
required for the qualification of a compilation of data for copyright protection?  Please provide any
further information, where possible, on the protection of compilations of data and other material in
accordance with TRIPS Article 10.2 as well as collections of literary or artistic works under
Article 2.5 of the Berne Convention.  To what extent does it, in practice, provide protection formultimedia works?
4. Please describe the application of the national treatment principle in relation to protection of
broadcasts.
B. T
RADEMARKS AND GEOGRAPHICAL INDICATIONS
5. Are there any specific provisions in Hong Kong, China's laws and regulations, or any
significant judicial decisions, with bearing on the use of trademarks or geographical indications onIP/C/W/177
Page 2
digital networks such as the Internet?  Are there any relevant decisions or other legal provisions
concerning the relationship between Internet domain names and trademarks or geographical
indications?
C. PATENTS (INCLUDING PLANT VARIETY PROTECTION )
6. Please provide any further indication, if possible, of the effective extent of the exceptions to
patent rights established under Section 75 of the Patents Ordinance.  Are there any judicial findings or
policy statements with bearing on the application of this provision?
7. Please provide any further information, if available, on the effective scope of the exceptions
to patentability established under Subsection 93(6) of the Patents Ordinance.  Are there any
examination guidelines, or administrative or judicial rulings with bearing on this Subsection?
8. In what circumstances does the law of Hong Kong, China permit use of a patented invention
without the authorization of the patent owner, in cluding use by the government?  In what manner is
the patent owner compensated for such use, and how  is the level of compensation determined?  How
many compulsory licences have been granted, and how many permits have been granted for State use
of patented inventions?IP/C/W/177
Page 3
ISRAEL
A. COPYRIGHT AND RELATED RIGHTS
1. Please provide any further information, where possible, on the effective meaning and scope of
the term 'compilation' in the definition of 'literary work' under section 35(1) of the Copyright Act
1911.  Does it extend to compilations of data and other material in accordance with TRIPS
Article 10.2 as well as collections of literary or artistic works under Article 2.5 of the Berne
Convention?  To what extent does it in practice provide protection for multimedia works?
2. To what extent does current copyright protection in Israel cover the use and dissemination of
copyright works on digital networks such as the Internet?  Are there any specific provisions in
copyright law concerning the digital on-line environment, and are there any significant judicial oradministrative decisions with bearing on this issue?
3. Are there any specific judicial rulings, policy statements or other guidance on the nature of
copyright protection extended to databases and computer software under Israeli copyright law?
4. What provisions or allowances are there for government use of copyright works, including
computer software, and is there a mechanism for compensating the owner of copyright in any suchcase?
5. Please describe the effective scope of limitations or exceptions that are provided to the
exclusive rights established under the law of copyright and related rights, provisions for compensation
or equitable remuneration when such limitations or exceptions apply.  In particular, please indicate
what judicial or other legal or administrative guidance is available to determine:
(a) The scope of allowable educational broadcasts under Section 7(A) of the Copyright
Ordinance.
(b) The meaning and scope of the phrase 'private and domestic' in Section 3(C) of the
Copyright Ordinance.
(c) The scope of 'fair dealing…for the purposes of private study, research, criticism,
review or newspaper summary' (section 2(I)(i) of the Copyright Act 1911).
(d) Limitations or exceptions that apply to computer software protected by copyright.
B. G
EOGRAPHICAL INDICATIONS
6. Is there a significant difference between the effective scope of 'geographical indication' and of
'appellation of origin' under the Appellations of Origin (Protection) Law 5725-1965 as amended?  Is it
possible that a particular reference could fall within both definitions, and, if so, how is this resolved?
In what circumstances is it possible to protect the geographical indication of a foreign country as aregistered appellation of origin under this law?
7. What is the consequence of providing that a misuse of a geographical indication under
sections 21A is an infringement of an appellation of origin under sections 22 and 23.  Does the
operation of section 21B in 'deeming' a misuse to be an infringement of an appellation of origin differ
from section 21A?IP/C/W/177
Page 4
C. PATENTS
8. Is patent protection for plant and animal inventions available under Israeli law?  Are there
legal or administrative guidelines on the meaning of the phrases 'varieties of plants or animals' and
"micro-biological organisms not derived from nature" in section 7(2) of the Patents Law 5727-1967?
9. Beyond the specific provisions of the Patents Law (in particular Articles 1, 53 and 54A), is
any additional legal guidance available (such as applicable judicial decisions) to illustrate what acts
are recognized as permitted limitations or exceptions to the exclusive rights of a patent holder?
10. In what circumstances does Israeli law permit use of a patented invention without the
authorisation of the patent owner, including use by the government?  In what manner is the patent
owner compensated for such use?  In how many cases have compulsory licences been granted, and
how many permits have been granted for State use of patented inventions?
11. Please elaborate on the interpretation in Israeli law of the phrase 'not fair under the
circumstances of the case, do not take account of the public interest and arise essentially out of the
existence of the patent' in section 119(2)?
D. UNDISCLOSED INFORMATION
12. To what extent do the provisions of Chapter Two of the Commercial Torts Law 5759–1999
concerning protection of undisclosed information appl y to actions by or on behalf of the government?
E. TRADEMARKS
13. Are there any specific provisions in Israeli la ws and regulations, or any significant judicial
decisions, with bearing on the use of trademarks or geographical indications on digital networks such
as the Internet?  Are there any relevant decisions or other legal provisions concerning the relationship
between Internet domain names and trademarks or geographical indications?
F. CONTROL OF ANTI -COMPETITIVE PRACTICES
14. Does Israeli law provide for any specific measures concerning practices that constitute an
abuse of intellectual property rights?IP/C/W/177
Page 5
KOREA
A. COPYRIGHT AND RELATED RIGHTS
1. Please advise on the effective scope of exceptions to copyright under the law of the Republic
of Korea allowing use of copyright material by third parties for permitted purposes (such as research,
education, fair use or fair dealing), in particular, the interpretations of "reasonable limit" and
"compatible with fair practice" under Article 25 of the Copyright Act.  Are there any significant
judicial decisions with bearing on this issue?  Are there any specific rules or findings concerning
exceptions or limitations to copyright protection of computer software?
2. To what extent does current copyright protection in the Republic of Korea cover the use and
dissemination of copyright works on digital networks such as the Internet?  Are there any specificprovisions in copyright law concerning the digital on-line environment, and are there any significant
judicial or administrative decisions with bearing on this issue?
B. T
RADEMARKS
3. Are there any specific provisions in the Republic of Korea's laws and regulations, or any
significant judicial decisions, with bearing on the use of trademarks or geographical indications ondigital networks such as the Internet?  Are there any relevant decisions or other legal provisions
concerning the relationship between Internet domain names and trademarks or geographical
indications?
4. Could you please explain the meaning of the phrase 'conspicuous geographical name' in
Article 6(iv) of the Trade Marks Act?  Would a geographical indication be registerable as a trademarkor part thereof under Korean law?
C. I
NDUSTRIAL DESIGNS
5. What amounts to 'industrial applicability' for the purposes of section 5(1) of the Design Act
and 'commercially or industrially working articles' for the purposes of section 63?
6. Section 6(ii) provides that designs which are 'liable to contravene public order or morality' are
not registerable.  Could you please explain the sc ope of this exception and provide examples of the
type of design that would fall within this exception?
7. Section 44(i) provides that the exclusive design right does not extend to use of the registered
design for the purpose of 'research or experiment'.  Is any further information available about the
effective scope of this exception?
8. Are industrial designs also protected by copyright law in Korea? At what point (if any) are
any rights to copyright protection lost?
D. PATENTS
9. Are the following subject-matters patentable:
(a) plants and animals;
(b) plant and animal varieties;IP/C/W/177
Page 6
(c) diagnostic, therapeutic and surgical methods for the treatment of humans and
animals?
10. What kind of inventions have in practice been considered unpatentable under Article 32?
What legal or administrative guidelines are availabl e in relation to inventions liable to contravene
public order or morality or to injure public health?
11. Please outline the scope of the limitation on the patent right for the purpose of research and
experiment as provided for in Article 96?  What types of acts would fall within this limitation?  Are
there any judicial findings or other legal guidance on the application of this provision in practice?
12. In which circumstances (if any) is use without the authorization of the patent holder
permitted, including use by or authorized by the government?  In how many cases have compulsory
licences or permits for government use been granted?  Are there any reported judicial or
administrative decisions on this issue?
13. What provisions are there in Korean law concerning the burden of proof in civil proceedings
concerning infringement of a process patent?
E. PROTECTION OF UNDISCLOSED INFORMATION AND DATA PROTECTION
14. How is the 'independent economic value' of information as provided for in the definition of
'trade secrets' in Article 2 of the Unfair Competition Prevention and Trade Secret Protection Actassessed?
15. To what extent does the law concerning protection of undisclosed information apply to
actions by or on behalf of the government, including data submitted to government agencies in
accordance with Article 39.3 of TRIPS?
F. C
ONTROL OF ANTI -COMPETITIVE PRACTICES
16. Does Korean law provide for any specific measures concerning practices that constitute an
abuse of intellectual property rights?  Are there any applicable court decisions or other legal or
administrative guidelines?IP/C/W/177
Page 7
MEXICO
A. COPYRIGHT AND RELATED RIGHTS
1. Are there any specific exceptions to copyright under the law of Mexico to allow use of
copyright material by third parties for permitted purposes (such as research, education, fair use or fair
dealing)?  Are there any significant judicial decisions with bearing on this issue? Are there any
specific rules or findings concerning exceptions or limitations to copyright protection of computer
software?
2. To what extent does current copyright protection in Mexico cover the use and dissemination
of copyright works on digital networks such as the Internet?  Are there any specific provisions in
copyright law concerning the digital on-line environment, and are there any significant judicial oradministrative decisions with bearing on this issue?
B. T
RADEMARKS AND GEOGRAPHICAL INDICATIONS
3. Are there any specific provisions in Mexican laws and regulations, or any significant judicial
decisions, with bearing on the use of trademarks or geographical indications on digital networks such
as the Internet?  Are there any relevant decisions or other legal provisions concerning the relationshipbetween Internet domain names and trademarks or geographical indications?
C. C
ONTROL OF ANTI -COMPETITIVE PRACTICES
4. Does Mexican law provide for any specific measures concerning practices that constitute an
abuse of intellectual property rights?  Are there any applicable court decisions or other legal or
administrative guidelines?IP/C/W/177
Page 8
SINGAPORE
A. COPYRIGHT AND RELATED RIGHTS
1. Are there any specific exceptions to copyright under the law of Singapore to allow use of
copyright material by third parties for permitted purposes (such as research, education, fair use or fair
dealing)?  Are there any significant judicial decisions with bearing on this issue? Are there any
specific rules or findings concerning exceptions or limitations to copyright protection of computer
software?
2. To what extent does current copyright protection in Singapore cover the use and
dissemination of copyright works on digital networks such as the Internet?  Are there any specific
provisions in copyright law concerning the digital on-line environment, and are there any significantjudicial or administrative decisions with bearing on this issue?
B. T
RADEMARKS
3. Are there any specific provisions in Singapore's laws and regulations, or any significant
judicial decisions, with bearing on the use of trademarks or geographical indications on digital
networks such as the Internet?  Are there any relevant decisions or other legal provisions concerningthe relationship between Internet domain names and trademarks or geographical indications?
C. C
ONTROL OF ANTI -COMPETITIVE PRACTICES
4. Does Singapore law provide for any specific measures concerning practices that constitute an
abuse of intellectual property rights?  Are there any applicable court decisions or other legal or
administrative guidelines?
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