RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/338
1 March 2002
(02-1026)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
REVIEW OF LEGISLATION
Reponses by Gabon to Questions Posed by the United States
By means of a communication from the Permanent Mission of Gabon, dated
27 February 2002, the Secretariat has received the following responses to questions posed by the
United States, as circulated in document IP/C/W/316.
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A. GENERAL
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.
The revised Bangui Agreement does not establish any discrimination from the standpoint of
national treatment and most-favoured-nation treatment (Annex I:  Article 13;  Annex II:  Article 10;
Annex III:  Article 4;  Annex IV:  Article 5;  Annex V:  Article 3;  Annex VI:  Article 3;  Annex VII:
Articles 3 and 47;  Annex IX:  Article 4;  Annex X:  Article 11).
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the Copyright Law of Gabon complies with Article 9 of
the TRIPS Agreement requiring that Members co mply with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6 bis, since Members do not have rights or obligations
relating to the latter Article under the TRIPS Agreement .
Gabonese law fully complies with Article 9 of the TRIPS Agreement since all provisions of
Articles 1 to 21 of the Berne Convention have been incorporated in Annex VII (protection of literary
and artistic works) of the Bangui Agreement.
3. Please explain how the Copyright Law of Gabon protects computer programs as literary
works and compilations of data, as required by Article 10 of the TRIPS Agreement .
Article 5, Annex VII, of the Bangui Agreement grants protection to literary and artistic works,
hereinafter referred to as "works", constituting original creations of the mind in the literary, artistic or
scientific fields, such as:
(i) Works expressed in writing, including computer programs;IP/C/W/338
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(ii) lectures, speeches, sermons and other works composed of words and expressed
orally;
(iii) musical works, etc.
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 Gabon.
Gabonese law includes rental rights under the right of distribution, with no limitations
whatsoever on computer programs or cinematographi c works (Article 9(1)(iv) and (2), Annex VII, of
the Bangui Agreement).
5. Please state the length and terms of protection the Copyright Law of Gabon provides for
a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.
Copyright is protected during the lifetime of the author and for 70 years after his death
(Articles 22 to 27, Annex VII, of the Bangui Agreement).
6. Please describe the protection the Copyright Law of Gabon provides for performers and
the term of the protection .
Articles 46 to 66 of Annex VII of the Bangui Agreement cover protection of performers and
the term of protection afforded to performances is 50 years as from:
(1) The end of the year of fixation for performances fixed on a phonogram;(2) the end of the year in which the performance took place for performances not fixed on
phonograms.
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 the public of originals or copies of their phonograms.  Please
describe how the Copyright Law of Gabon implements these obligations and indicate the termof protection .
Gabonese law (Articles 46 to 66, Annex VII, of the Bangui Agreement) grants a phonogram
producer the exclusive right to carry out or authorize the following acts:
(1) The direct or indirect reproduction of his phonogram;(2) distribution to the public of copies of his phonogram by sale or by other transfer of
ownership or by rental.
C. T
RADEMARKS
8. Please describe the subject-matter that can comprise a trademark under the Trademark
Law of Gabon.
Under Article 2, Annex III, of the revised Bangui Agreement, any visible sign used or
intended to be used and capable of distinguishing the goods or services of any enterprise shall beIP/C/W/338
Page 3
considered a trademark or service mark, including in particular surnames by themselves or in a
distinctive form, special, arbitrary or fanciful designations, the characteristic form of a product or its
packaging, labels, wrappers, emblems, prints, stamps, seals, vignettes, borders, combinations or
arrangements of colours, drawings, reliefs, letters, numbers, devices and pseudonyms.
9. Please describe the procedure that must be followed to register a trademark in Gabon,
citing the relevant provisions of the law, and de scribe the rights that the owner of a registered
mark can exercise.
The procedure for registering a trademark  is described in Articles 8, 9, 10 and 11 of Annex III
of the revised Bangui Agreement of 24 February 1999.  For the rights conferred by registration of a
mark, see Article 7 of the same Annex.
10. Please provide the length and terms of protection that the Trademark Law of Gabon
provides for a trademark.
With regard to the term of protection of a trademark, Article 19, Annex III, of the Bangui
Agreement stipulates that "The registration of a mark shall be valid for only ten years from the filing
date of the application for registration; however, the ownership of a mark may be preserved
indefinitely through successive renewals of the registration, which may be effected every ten years."
Protection extends to al l AIPO member states.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Gabon 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.
Protection of geographical indications is provid ed for in Annex VI of the Bangui Agreement.
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 .
Article 15 (paragraphs 5 and 6), Annex VI, of the revised Bangui Agreement provides for
additional protection for wines and spirits.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Gabon, and describe the nature of the protection
provided .
The procedure for obtaining protection for industrial designs is described in Articles 8 to 11
of Annex IV of the Bangui Agreement.
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 .IP/C/W/338
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Gabonese law does not contain any specific provisions concerning the protection of textile
designs. This matter  will be studied in connection with the domestic legislation currently being
drafted on industrial property.
F. PATENTS
15. Please describe in detail the way in which the Patent Law of Gabon 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 microbiological
processes and plant varieties.  Please cite to the relevant provisions of the law.
This matter is dealt with in Articles 2 to 6, Annex I, of the Bangui Agreement.
16. Please describe in detail the rights provided for patent holders under the Patent Law of
Gabon and cite to the relevant provisions of law.
The rights conferred on a patent holder are described in Article 7, Annex I, of the Bangui
Agreement.
17. Please describe in detail any provisions in the laws of Gabon 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.
Articles 46 to 56, Annex I, of the revised Bangui Agreement describe the conditions for
granting non-voluntary licences and ex officio licences.
18. What term of protection does the Patent Law of Gabon provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
Article 9, Annex I, of the Bangui Agreement states  that "The patent shall expire at the end of
the 20th calendar year following the filing date of the application, subject to the provisions of
Article 40 (forfeiture)."
The Bangui Agreement makes no provision for extending the term of protection.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Gabon, including the term of protection, and cite to the relevant provisions of
law.
Protection for layout-designs of integrated circuits is defined in Articles 2 to 14, Annex IX, of
the revised Bangui Agreement.  The term of protection is ten calendar years following the date on
which it took effect.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Gabon 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.IP/C/W/338
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Article 6, Annex VIII, of the Bangui Agreement provides for the protection of confidential
information.
21. Please describe in detail the manner in which protection is provided for test data
regarding pharmaceutical and agricultural chemical products submitted to the government inorder to obtain marketing approval in Gabon and cite to the relevant provisions of law.
Articles 1 to 6, Annex VIII, of the Bangui Agreement on unfair competition cover all these
issues.
22. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submittedby the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicant
before such reliance becomes possible?
Article 6 (paragraphs 3 and 4) of Annex VIII of  the revised Bangui Agreement deals with this
matter.
I. E
NFORCEMENT
23. Please describe in detail the manner in which the laws of Gabon provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
Each of the annexes of the revised Bangui Agreement provide for effective action against
infringement of  intellectual property rights.
With regard to patents, Articles 58 and onwards of Annex I of the Bangui Agreement provide
for the offence of infringement and ensure punitive action. A civil claim for damages may be madefollowing infringement seizure proceedings (Articles 64 and 65).
Other sanctions, such as the confiscation or destruction of the infringing objects,  publication
of the judgement, etc., are also possible (Article 67).
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 such evidence from the opposi ng party.  Please describe how the laws or
regulations of Gabon provide this authorization, citing to the relevant provisions of law or
regulation.
Gabon's Code of Civil Procedure, which regulates civil action, provides for the possibility of
judges ordering one party to produce evidence at the request of the other (Article 19).
25. Please describe in detail all of the civil remedies that are available to right holders under
the laws of Gabon, citing to the relevant provisions of law or regulation .
All of the Annexes of the revised Bangui Agreement provide for civil remedies that comply
with Article 41.1 of the TRIPS Agreement with rega rd to damages.  Furthermore, Gabon's Civil Code
(Article 1,382) establishes that "an infringer shall pay the right holder damages to compensate for the
injury which the right holder has suffered".IP/C/W/338
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26. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Gabon, 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.
In addition to the Bangui Agreement, which provides for provisional remedies related to
infringement seizure, national legislation also provides for protective seizure (Article 54 of the
OHADA Uniform Act Organizing Simplified Recovery Procedures and Measures of Execution) or
the imposition of a similar precautionary measure by order of the President of the Civil Court
(Article 445 of the Code of Civil Procedure).
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Gabon that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing to the relevant provisions of law or regulation .
Article 48, Annex III, of the re vised Bangui Agreement provides for border enforcement
procedures.  Articles 62, 63 and 64 of Annex VII on copyright establish the powers of customs
officers to enforce industrial property rights at borders.
28. 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.
Several of the annexes of the revised Bangui Agreement provide for border enforcement for
all other forms of industrial property rights, cf., Annex I:  Article 64;  Annex II:  Article 47;  AnnexIII:  Article 48;  Annex IV:  Article 31;  Annex VII:  Articles 61 and 62;  Annex IX: Articles 5 and 34;
Annex X:  Article 44.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Gabon are empowered to act ex officio and, if so, please identify the intellectual property areas
subject to ex officio action.
The revised Bangui Agreement establishes that the right holder is entitled to initiate the
procedure.  There are, however, administrative measures which allow the authorities (customs, police,
office of the public prosecutor, etc.) to act ex officio.
K. C
RIMINAL PROCEDURES
30. Please describe in detail how the laws of Gabon 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 and regulation.
Article 64, Annex VII, of the revised Bangui Agreement implements Article 61 of the TRIPS
Agreement. Articles 325 and 326 of Gabon's Cr iminal Code also provide for and penalize
infringement of literary and artistic property rights with a prison sentence of up to two years and a
fine of CFAF 1,200,000.  Forfeiture is also possible.IP/C/W/338
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31. Article 61 also requires that remedies in a ppropriate 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
Gabon 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.
Gabon's Criminal Code provides for and penalizes all cases of infringement of literary and
artistic property rights.  In addition to imprisonment and fines, the provisional or definitive closure
of the establishments used by the infringer may be ordered (Article 325). The Criminal Code also
provides for confiscation of the proceeds of the offence.
Moreover, the revised Bangui Agreement provides for the confiscation or destruction of
recognized infringing objects (Annex I:  Article 67 ;  Annex VII,  Article 64;  Annex IX:  Articles 36,
37 and 38;  Annex X:  Article 46).
32. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Gabon that provide for such procedures and remedies, citing to the
relevant provisions of law or regulation.
[No response received]
L. STATISTICAL QUESTIONS
33. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated 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.
[No response received]
34. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt 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 syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
[No response received]
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