RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/268/Add.1
5 July 2001
(01-3365)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by the United States
Addendum
By means of a communication from the Permanent Mission of the United States, dated
18 June 2001, the Secretariat has received copies of the following questions that the United States has
communicated to Croatia, the Dominican Republic and Oman, respectively.
_______________
CROATIA
A.S TATISTICAL QUESTIONS
1. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated-circuit layout design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
2. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, 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 information establishing that the criminal systemoperates effectively to deter copyright piracy and trademark counterfeiting.
DOMINICAN REPUBLIC
A. G
ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.IP/C/W/268/Add.1
Page 2
B. C OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of the Dominican Republic complies with
Article 9 of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to
the latter Article under the TRIPs Agreement.
3. Please explain how the copyright law of the Do minican Republic protects computer programs as
literary works  and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
the Dominican Republic.
5. Please state the length and terms of protection the copyright law of the Dominican Republic
provides for a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.
6. Please describe the protection the copyright law of the Dominican Republic provides for
performers, and the term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requiresthat producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of the
Dominican Republic implements these obligations and indicate the term of protection.
C. T
RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of the
Dominican Republic.
9. Please describe the procedure that must be followed to register a trademark in the Dominican
Republic, citing the relevant provisions of the law, and describe the rights that the owner of a registered
mark can exercise.
10. Please provide the length and terms of protection that the trademark law of the Dominican
Republic provides for a trademark.
11. Please describe the criteria that are used to determine whether a trademark or service mark is
well-known, citing to the relevant provisions of law and regulations.
12. Please explain how the Dominican Republic law provides for the protection of well-known marks
for dissimilar products, as required by Article 16.3 of the TRIPS Agreement.  Please cite to the relevant
provisions of the laws and regulations.
13. Please explain whether the Dominican Republic law permits the registration of generic terms,
which are in the English or Spanish language, citing any relevant laws or regulations.IP/C/W/268/Add.1
Page 3
D. G EOGRAPHICAL INDICATIONS
14. Please describe in detail how the laws of the Dominican Republic provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications so protected.
15. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. I NDUSTRIAL DESIGNS
16. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of the Dominican Republic, and describe the nature of the protectionprovided.
17. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. P
ATENTS
18. Please describe in detail the way in which the patent law of the Dominican Republic implements
Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details
regarding the protection for micro-organisms and non-bi ological and microbiological processes and plant
varieties.  Please identify and pending legislation with respect to plant patent protection and anysui generis  protection that is provided.  Please cite to the relevant provisions of the law.
19. Please describe in detail the rights provided patent holders under the patent law of the Dominican
Republic and cite to the relevant provisions of law.  Please confirm that the rights described in
Article 28.1 of the TRIPS Agreement are provided to patent owners in the Dominican Republic.
20. Please describe in detail any provisions in the laws of the Dominican Republic permitting
unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions
under which such use can occur.
21. What term of protection does the patent law of the Dominican Republic provide for patents?
Please describe any provisions for extension of the term of protection and cite to the relevant provisionsof the law.
22. Please explain whether Article 2(1) or any other provisions of the Industrial Property Law of the
Dominican Republic provide for the protection of new uses for known products, as required by
Article 27.1 of the TRIPS Agreement.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
23. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of the Dominican Republic, including the term of protection, and cite to the relevant provisions of
law.IP/C/W/268/Add.1
Page 4
H. P ROTECTION OF UNDISCLOSED INFORMATION
24. Please describe in detail how the laws of the Dominican Republic provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the
relevant provisions of law.
25. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in the Dominican Republic and cite to the relevant provisions of law.
26. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.
I. E
NFORCEMENT
27. Please describe in detail the manner in which the laws of the Dominican Republic provide for
effective action against infringement of intellectual property rights as required by Article 41.1 of theTRIPS Agreement.
28. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of the DominicanRepublic provide this authorization, citing to the relevant provisions of law or regulation.
29. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of the Dominican Republic, citing to the relevant provisions of law or regulation.
30. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of the Dominican Republic, citing to the relevant provisions of law and regulation, and indicate
any condition under which a right holder may avail itself of those procedures and remedies.
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
31. Please describe in detail the procedures under the laws of the Dominican Republic that provide
for border enforcement at least for trademark c ounterfeiting and copyright piracy, identifying the
competent authority and citing to the relevant provisions of law or regulation.
32. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
33. Article 58 of the TRIPs Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in the Dominican
Republic are empowered to act ex officio  and, if so, please identify the intellectual property areas subject
to ex officio  action.IP/C/W/268/Add.1
Page 5
K. C RIMINAL PROCEDURES
34. Please describe in detail how the laws of the Dominican Republic implement Article 61 of the
TRIPS Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark
counterfeiting and copyright infringement on a commercial scale.  Please cite to the relevant provisions oflaw and regulation.
35. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of the Dominican Republic that
provide for such remedies, and describe the circumstances in which those remedies would be imposed,
citing to the relevant provisions of law or regulation.
36. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of the Dominican Republic that provide for such procedures and remedies, citing to the relevant
provisions of law or regulation.
37. Please explain how criminal remedies are "expeditious" and "avoid unwarranted delays" so as to
prevent infringements, as required by Ar ticles 41.1 and 61 of the TRIPS Agreement.
38. Please explain how administrative actions, pr ocedures and remedies  conducted by both ONDA,
the Copyright Office and INDOTEL, the Telecommunications Office, are being applied in cases of
copyright piracy at levels sufficient to provide a deterrent, as required under Article 41 of the TRIPS
Agreement.  Please explain how any pending legislation or regulations may affect issues related to levels
of criminal penalties or other procedures related to the investigation and prosecution of copyright
infringement cases.
39. Please explain how the civil procedures and reme dies afforded under the new Copyright Law are
being applied at levels adequate to compensate for th e injury the right holder has suffered, as required by
Article 45.1 of the TRIPS Agreement.
40. Please explain how the Dominican Republic complies with the requirement that its civil copyright
enforcement procedures shall not entail unwarranted delays, as required by Article 41.2 of the TRIPSAgreement, and will permit effective action against an y act of infringement, as required by Article 41.1 of
the TRIPS Agreement.
L. S
TATISTICAL QUESTIONS
41. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated-circuit layout design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
42. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, 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 wasIP/C/W/268/Add.1
Page 6
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
OMAN
A. G ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Oman complies with Article 9 of the TRIPS
Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPs Agreement.
3. Please explain how the copyright law of Oman pr otects computer programs as literary works  and
complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Oman.
5. Please state the length and terms of protection the copyright law of Oman provides  for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Oman provides for performers, and the term of
the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to thepublic of originals or copies of their phonograms.  Please describe how the copyright law of Oman
implements these obligations and indicate the term of protection.
C. T
RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Oman.
9. Please describe the procedure that must be followed to register a trademark in Oman, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Oman provides for a
trademark.IP/C/W/268/Add.1
Page 7
D. G EOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Oman provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. I NDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Oman, and describe the nature of the protection provided.
14. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. P ATENTS
15. Please describe in detail the way in which the patent law of Oman implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
16. Please describe in detail the rights provided patent holders under the patent law of Oman and cite
to the relevant provisions of law.
17. Please describe in detail any provisions in the laws of Oman permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such usecan occur.
18. What term of protection does the patent law of Oman provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Oman, including the term of protection, and cite to the relevant provisions of law.
H. P ROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Oman provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevantprovisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Oman and cite to the relevant provisions of law.IP/C/W/268/Add.1
Page 8
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. E NFORCEMENT
23. Please describe in detail the manner in which the laws of Oman provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain suchevidence from the opposing party.  Please describe how the laws or regulations of Oman provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail the all of the civil remedies that are available to right holders under the
laws of Oman, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Oman, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Oman that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual propertyand, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPs Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Oman are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. C
RIMINAL PROCEDURES
30. Please describe in detail how the laws of Oman implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law andregulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Oman that provide for suchremedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.IP/C/W/268/Add.1
Page 9
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Oman that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. S TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated-circuit layout design, and trade secret enforcement for
2000, including the number of cases filed; injunctions issued; infringing products seized; infringing
equipment seized; cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, 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 information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
__________