RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/219/Add.2
15 November 2000
(00-4846)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions Posed by the European Communities and their member States
Addendum
By means of a communication from the Permanent Mission of the European Commission,
dated 13 November 2000, the Secretariat has received copies of the following questions addressed to
Paraguay.
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A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to theBerne Convention (1971).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings)
and broadcasting organizations under your legislation.
6. Please explain how the limitations, foreseen by the title V of the law, preserve the legitimate
interests of the right holder.
7. Please state the terms of protection of each right described above and the work or
subject-matter to which it applies.IP/C/W/219/Add.2
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8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (which obligation is derived from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
C. TRADEMARKS
9. Please describe which elements are necessary to demonstrate use of the trademark when
registration of the licence is not taken into account pursuant to Article 32 of the Law n° 1294.
D. GEOGRAPHICAL INDICATIONS
10. Please explain whether or not the definition of Article 57 of the Law n° 1294 is applicable to
all kinds of products.
11. Please confirm whether or not Articles 80 and 81 of the Law n° 1294 are applicable to prevent
any use which constitutes an act of unfair competition against a geographical indication in addition to
Article 60.
12. Please confirm whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication pursuant to Article 2(k) of the Law n° 1294.
13. Please confirm whether or not that the protecti on granted by Article 80(d) of the law n° 1294
is available for products other than wines and spirits.
14. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.
15. Please provide examples, if any, of names considered as generic in your jurisdiction.
E. INDUSTRIAL DESIGNS
16. Please clarify if the law n° 1328/98 on copyright an d related rights covers industrial designs
and state the corresponding articles.
17. Please clarify if the law uses the criteria of independent creation to provide the protection of
designs.
18. Please mention whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
19. Please explain how the requirements for securing protection of textile designs, in particular
with regard to any cost, examination or publication, do not unreasonably impair the opportunity to
seek and obtain such protection.
20. Please give, if any, examples of exceptions to the protection of industrial designs.
F. PATENTS
21. Does the patent holder's exclusive right to "exploit" a patent, as provided for under Article 1
of Law n° 773/25 creating the Patent Office (hereinafter referred to as "Law 773") include his right to
prevent third parties not having his consent from the acts of  making, using, offering for sale, selling, orimporting the patented product for these purposes, or where the patent concerns a process, his right to
prevent third parties not having his consent from the act of using the process, and from the acts of using,IP/C/W/219/Add.2
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offering for sale, selling, or importing for these purposes at least the product obtained directly by that
process?
22. Please describe how and where your legislation defines the notions of:  novelty, inventiveness
and industrial application.
23. Article 3.4 of Law 773 provides for a patent prot ection term of fifteen years.  Please explain
how and when Paraguay intends to bring this provision into compliance with Article 33 of the TRIPS
Agreement, which imposes a patent protection term of 20 years from the filing date.
24. Article 3.3 of Law 773 currently excludes pharmaceutical products from patentability.  Please
explain:  (i) how and where your legislation provides for the possibility for the filing of an application
for pharmaceutical patents, as prescribed by Article 70.8 of the TRIPS Agreement;  and (ii) how and
where your legislation provides for the granting of exclusive marketing rights for pharmaceutical
patents, as prescribed by Article 70.9 of the TRIPS Agreement.
25. Please explain whether Article 24 of Law 773 would allow the granting of a compulsory
licence for the mere reason that a patented product is imported, and not manufactured locally?
26. Please explain where your legislation incorporates the requirements of Article 31 of the
TRIPS Agreement related to compulsory licensing.
27. Please explain whether or not in your legislation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how these
exclusions are applied in legal as well as practical terms.
28. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
29. Please explain whether and how micro-organism s, non-essentially biological processes and
microbiological processes are protected in your legislation.  Please explain, in this respect, the
relevant sections of your legislation.
30. Please explain how your legislation provides for the reversal of the burden of proof in relation
to process patents.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
31. Please describe how your legislation protects topographies.
32. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
33. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know, when acquiring an integrated circuit or an article incorporating such an integrated circuit, that it
contains an unlawful topography.
34. Please state the term of protection granted by your legislation to topographies.IP/C/W/219/Add.2
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H. UNDISCLOSED INFORMATION
35. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information.  If so, please give the time-span.
36. Please explain how your legislation defines "undisclosed information".
37. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. ENFORCEMENT
38. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
39. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
40. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
41. Please quote provisions of your legislation which authorize judges to order a defendant to
desist from an infringement.
42. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury which he has suffered.
43. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
44. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
45. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
46. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
47. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs' authorities.
48. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
49. Please quote what provisions of your legislati on authorize the competent authorities to order
the destruction or disposal of infringing goods.
50. Please indicate whether or not your legislation provides for a de minimis  imports exception.
51. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
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