WORLD TRADE  
ORGANIZATION   
IP/C/W/422 
4 June 2004 
 (04-2365) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
 
Responses from Armenia to questions posed by Switzerland1 
 
Addendum 
 
 
 The following communication, dated 17 May 2004, is being circulated at the request of the Delegation of Armenia. 
 
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 A. G
ENERAL  
1. Are the provisions of the TRIPS Agreement, in  so far as not implemented in national 
law, directly applicable in your legal system? 
 Armenia's legislation is fully compliant with  the provisions of the TRIPS Agreement.   
However, as the TRIPS Agreement is an interna tional agreement signed and ratified by the Republic 
of Armenia, its provisions will take precedence over na tional law to the extent that national law is not 
in compliance with the Agreement, pursuant to Ar ticle 6 of the Armenian Constitution which states: 
"International treaties that have been ratified are a constituent part of the legal system of the Republic . 
If norms are provided in these treaties other than th ose provided by laws of the Republic, then the 
norms provided in the treaty shall prevail."  B. P
ATENTS  
2. Does your legislation grant patent protection for inventions relating to products and 
processes in all fields of technology?  Are there an y exceptions?  If so, please explain what these 
exceptions are and how they comply wi th Article 27 of the TRIPS Agreement. 
Paragraph 8 of Article 5 of the Law of the Re public of Armenia on Patents provides for patent 
protection for inventions relating to products and processes in all fi elds of technology, with the 
following exceptions which comply with Article 27 of the TRIPS Agreement: 
 
- Scientific theories and mathematical methods 
- Methods of economic organi zation and management  
- Symbols, schedules and rules 
- Methods and rules for performing mental acts 
- Algorithms and programs for computers 
- Projects and plans for constructions, buildings and for land development   
                                                      
1 These questions posed by Switzerland to Arme nia were circulated in document IP/C/W/419. IP/C/W/422 
Page 2  
 
 - Proposals concerning the outward appearance of manufactured articles intended to 
satisfy exclusively aesthetic requirements  
- Plant varieties and animal breeds 
- Processes for cloning human beings  
- The uses of human embryos for industrial and commercial purposes 
- Processes for modifying the germ line genetic identity of human beings 
- Processes for modifying of genetic identity of animals and also animals resulting from 
such processes. 
  
3. Does your legislation, in accordance with Arti cle 27.1 in combination with Article 31 of 
the TRIPS Agreement, consider importation as  "working" a patent and therefore preclude 
compulsory licensing, if a product is being imported? 
 The importation is considered as "working" a patent, in accordance with the Clause 1 of 
Article 12 of the "Law of the Republic of Armeni a on Patents", and therefore precludes compulsory 
licensing. The only exception is the case stipulated by Clause 1 of Article 12 of the TRIPS 
Agreement, which is regulated by Clause 3 of Article 16 of this law. 
 
4. Does your legislation make the granting of a compulsory licence subject to all the 
conditions enumerated in Article 31 TRIPS of the TRIPS Agreement?  Please cite the relevant provisions of law. 
All the conditions enumerated in Article 31 of the TRIPS Agreement are reflected in 
Article 16 of the "Law of the Republic of Armenia on Patents". 
  
5. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation?  Please cite the relevant provisions of law. 
In accordance with Clause 5 of Article 12 of th e "Law of the Republic of Armenia on Patents" 
the burden of proof shall be on the defendant if the product obtained by the patent process is new.   
 
As mentioned in Clause 2 of Article 16 of the "Law of the Republic of Armenia on Patents" 
the patent owner must prove that not using or insuffi ciently using of the invention, utility model or the 
industrial design is stipulated by the valid reason.  
In accordance with Clause 2 of Article 34, the pe rson lodging a complaint shall be required to 
substantiate the complaints stipulat ed by Clause 1 of the same Article. 
 
In accordance with Clause 6 of Article 162 of the Civil Procedure Code of RA, when trying 
the application for considering null and void the act  of the state body, local self-government body or 
its officials, the burden of proving the circumstan ces which were the grounds for the adoption of the 
act is on the body which adopted the act or its official. 
   
C. P
ROTECTION OF UNDISCLOSED INFORMATION  
6. Please explain in detail if your legislation en sures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market 
authorisation of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market  authorisation for his own product.  IP/C/W/422 
 Page 3 
 
 
 Does your legislation provide for exceptions to  this?  If yes, under what conditions would 
such exceptions apply? 
Does your legislation provide for a specific term  of protection for such undisclosed test 
data? 
This question is regulated by the provisions of  Chapter 68 of the Civil Code of the Republic 
of Armenia, which regulates issues of legal protection of undisclosed information, accountability for 
illegal use thereof and transfer of this authority. In  particular, Paragraph 1 of Article 1165 states that 
any individual who illegally receives, distributes or uses undisclosed information, shall compensate to 
the rightful owner thereof all dama ges resulted from this illegal use. 
 
In accordance with Paragraph 7 of Article 16 of  the "Law of the Republic of Armenia on 
Protection of Economic Competition" the unfair commercial usage of research data  and other 
undisclosed information which is a result of a la rge scale work and have been submitted to the 
authorized body for the approval of agricultura l chemical produce or pharmaceuticals obtained by 
means of using new chemical blend, composition or co mbination, is prohibited. The disclosure of data 
referred to in the same clause of this paragraph, except when the disclosure is required on the grounds 
of public interest, or where guarantees of protection of the data against the unfair commercial usage 
already exist, is prohibited.  
In accordance with Paragraph 1 of Article 36 of  the "Law of the Republic of Armenia on 
Protection of Economic Competition" economic entiti es, bodies of central and local government 
administration shall incur liability for the infringeme nt of the present Law according to a procedure 
set out in this and other laws of the RA.  
The date of protection for undisclosed test data  is defined in accordance with Paragraph 4 of 
Article 1164 of the Civil Code of RA. 
 
D. P
ROVISIONAL MEASURES  
7. Do your judicial authorities have the authority to adopt, on the request of a right holder, 
a provisional measure inaudita altera parte  before an action leading to a decision on the merits 
of the case has been lodged?  Please cite the relevant provisions of law. 
This question is regulated by the following articles of the Civil Procedure Code of RA: 
 
In accordance with sub clause 2 of Clause 2 of Article 87 of the Civil Procedure Code the 
complaint must indicate the names (titles) of pe rsons participating in the case, their addresses.  
 
In accordance with Clause 1 of Article 90 of  the Civil Procedure Code, the issue of 
acceptance of the complaint is solved  solely by the judge.  And in accordance with Clause 3 of this 
article, the judge makes a decision on the acceptance of the complaint in which the time and place of 
trial are indicated.  
In accordance with Article 97" Grounds for secu ring the action" of the Civil Procedure Code: 
 
1. The court, by motion of a person participating in the case, takes measures to secure the 
action, if the failure to take such measures can make the execution of the court act impossible or difficult. The securing of the action is allowed at any stage of the 
proceedings. 
 
2. The motion is discussed on the day of its receipt, and a decision is made. IP/C/W/422 
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 In accordance with Clause 2 of Article 93 of the Civil Procedure Code, forwarding the 
complaints and the copies of attached documents to  the defendant, the court forwards the complaints 
and the copies of attached documents to  the defendant in the appropriate form. 
 
8. Does your legislation provide for any restrict ions for obtaining provisional measures? 
If so, what are these restrictions?  Please cite the relevant provisions of law. 
 
 The Legislation of RA does not provide any r estrictions for obtaining provisional measures in 
the sphere of Intellectual Property Rights.   9. Please describe the provisional measures provided for in your legislation, including 
those useful to combat counterfeiting and piracy.  Please describe the procedures that must be 
followed and cite the relevant provisions of law. 
 Article 98 of the Civil Procedure Code sets out "means of securing the action": 
 
 1. The following are the means of securing the action: 
 
a) to impose an arrest on the defendant's property or financial assets in the 
amount of the complaint; 
b) to prohibit the committal of certain actions by the defendant; 
c) to prohibit the committal of certain acti ons by other persons in relation to 
the object of the dispute; 
d) to prevent the sale of property, in case of bringing a case concerning the 
lifting of the arrest on the property. 
e) To impose an immediate or in 5 days arrest on the plaintiff's property, 
which is possessed by the defendant. 
 
 2.  When necessary, the court is entitled to  apply several means of securing the action. 
 
3.  In case of provision of the action concerning the seizure of financial assets, the 
defendant is entitled to pay the amount demanded by the plaintiff to the deposit account of the enforced execution service. 
 
 Article 44 "The measures of ensuring the claim on infringement of copyright and neighbouring rights" of the "Law on Copyright  and Neighbouring Rights" of the Republic of 
Armenia:  
The court may, in accordance with the provisions defined by the Civil Procedure Code of the 
Republic of Armenia, upon the request of the pe rsons participating in the case or on his own 
initiative, undertake measures of ensuring the cl aim, to seize all allegedly counterfeit copies 
of the works and phonograms, as well as the ma terials and the equipm ent intended for their 
creation and reproduction, to prohibit the pe rformance of certain acts. In case of the 
infringement of copyright and neighbouring right s for which criminal liability is proved, the 
court, with the purposes of ensuring the civil claim submitted or to be submitted in future, 
shall be entitled to seize all allegedly counte rfeit copies, as well as the materials and the 
equipment intended for their creation and reproductio n, and, if necessary, to confiscate and, if 
not claimed by the plaintiff, destroy them. 
 
 Article 65 "Providing evidence" of the Civil Procedure Code of the Republic of Armenia:   
  IP/C/W/422 
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 1.  The persons who have grounds to fear  that presenting necessary  evidence can become 
impossible or difficult, are entitled to make a motion to the court in charge of the case 
in relation to the provision of this evidence. 
 2.  The motion concerning the provision of evidence must indicate the evidence which 
must be provided, the facts for the establis hment of which this evidence is necessary, 
and the reasons which are the grounds for the motion. 
 3.  Based on the results of discussion of the motion the court makes a decision.  
4.  The decision concerning the provision of  evidence is carried out immediately, as 
envisaged in the procedure established in  the law of the Republic of Armenia on 
"Enforced implementation of court acts". 
 5.  After the decision concerning the provisi on of evidence is carried out, Court informs 
the Person participating in the case with notif ication, if the latter is unaware of the 
decision. 
  The Notary also provides evidences before sui ng the case in the court, in accordance with the 
Civil Procedure Code and the "Law on Notary" of RA.  
 Article 99 "Execution of decision to use provisional remedy" of the Civil Procedure Code of 
the Republic of Armenia:   The court decision on the use of provisional re medy is executed without delay, as envisaged 
in the Law of the Republic of Armenia on the Enforced Execution of Court Acts. 
 
10. Please describe the measures provided by your legislation to combat counterfeiting and 
piracy at the border. Please explain whether the competent authorities are empowered to act ex 
officio and, if so, please indicate the enforcement  actions that may be taken.  Please cite the 
relevant provisions of law. 
These issues are regulated in accord ance with provisions of Article 39 of the Civil Procedure 
Code of the Republic of Armenia, which states that  Customs authorities are in charge of combating 
counterfeiting and piracy at the border based on the owner's request.  
In compliance with the Legislation of RA the competent authorities are not empowered to act 
ex officio. 
 
E. E
NFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS  
11. Please describe how your legislation meets the requirements of Article 41 of the TRIPS 
Agreement.  Please cite the relevant provisions of law. 
 See Annex. IP/C/W/422 
Page 6  
 
 12. Please indicate the authorities responsible for the application of the measures provided 
by your legislation to combat counterfeiting a nd piracy.  Please explain whether the competent 
authorities are empowered to act ex officio and,  if so, please indicate the enforcement actions 
that may be taken.  Please cite the relevant provisions of law. 
 The Legislation of RA does not stipulate co mpetent authorities to combat counterfeiting and 
piracy.  In compliance with the Legislation of RA  the competent authorities are not empowered to act 
ex officio.  
13. Please describe any new initiatives that a re planned to improve the enforcement of 
intellectual property rights in your country, part icularly initiatives to combat counterfeiting 
and piracy.  Is there a particular action plan in place? 
 It is planned to establish a special subdivision in the Police structure during this year, which 
will improve the enforcement of Intellectual property rights in the country, particularly it will combat 
counterfeiting and piracy.  
 
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   IP/C/W/422 
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 ANNEX 
 
 
Enforcement Civil Code, Code of Civil Pr ocedure, Code of Criminal Procedure 
General Provisions 
Provide for effective action against 
infringement of intellectual 
property rights without creating 
barriers to legitimate trade or 
opportunities for abuse. 
Article 41.1.  Article 1110 of the Civil Code expressly refers to the protection of 
intellectual property rights. Article 1137 of the Civil Code deals with 
unlawful use of a work without a license. Article 1178 concerns 
trademark infringement. Article 1155 concerns patent infringement; and 
Article 1165 concerns misappropriatio n of undisclosed information. 
Laws on the various forms of inte llectual property have provisions as 
well. Articles 43 and 44 of the Law on Copyright and Neighbouring Rights; Article 46 of the Law on Trademarks, Service Marks and Appellations of Origin; Article 17 of  the Law on Patents; and Article 11 
of the Law on the Protection of Topographies of Integrated Circuits    
Provide enforcement procedures 
that are fair and equitable and are 
not unnecessarily complicated or costly and do not entail 
unreasonable time-limits or 
unwarranted delays. Article 41.2.   The procedures outlined in the Armenian Code of Civil Procedure is 
similar to those of other civil code countries. Whether they are costly or 
entail unreasonable time limits or unwa rranted delays can be established 
only as the procedures are used by litigants. 
Provide decisions on the merits 
based upon the evidence presented 
in the case to the parties, preferably in writing with the reasons explained. Article 41.3. Article 130.3 of the Code of Civil Procedure calls for court judgments 
that are legal and well-founded and that  the court provides a rationale for 
its judgment on the basis of the evidence presented.  Article 138 requires that the judgment be pronounced as soon as it is made to the parties and 
Article 139 provides that the written judgment, signed by the judge be 
dent to the parties. Article 145 specifies that the opinion must be sent 
within 3 days of the announcement of the decision.     
Provide for appeals to judicial 
bodies of final administrative 
decisions and of at least the legal 
aspects of initial judicial decisions 
on the merits of a case. Article 41.4. WT/ACC/ARM/13 spells out the various provisions of the Civil Code, 
the Code of Civil Procedure, the Law on Patents, the Law on 
Trademarks, Service Marks and Appella tions of Origin, and others that 
provide for appeals of court decisions.   
Civil and Administrative Procedures and Remedies  
Provide a procedure that allows 
plaintiffs to bring an action for 
infringement; requires that defendants be notified; permits both side to present evidence in support of their position. WT/ACC/ARM/13 identifies the provisions of the Civil Code and the 
laws on the various forms of intell ectual property that provide right 
holders with the ability to file claims in court. The provisions identify 
the appropriate authorities.  
 
 
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