WORLD TRADE  
ORGANIZATION  IP/C/W/419 
19 February 2004 
 
 (04-0720) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
 
Questions posed by Switzerland  
 
 
 The following communication, dated 18 February 2004, is being circulated at the request of 
the Delegation of Switzerland. 
 
_______________ 
 
 
ARMENIA 
  
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? 
B. PATENTS  
2. Does your legislation grant patent protection fo r inventions relating to  products and processes 
in all fields of technology?  Are there any excep tions?  If so, please explain what these exceptions are 
and how they comply with Article 27 of the TRIPS Agreement. 
3. Does your legislation, in accordance with Article  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? 
4. Does your legislation make the granting of a compulsory licence subject to all the conditions 
enumerated in Article 31 TRIPS of the TRIPS Agreemen t?  Please cite the relevant provisions of law. 
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. 
C. PROTECTION OF UNDISCLOSED INFORMATION  
6. Please explain in detail if your legislation ensur es 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 agricultural chemical pr oduct 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 firs t applicant, when applying subsequently for market 
authorisation for his own product. IP/C/W/419 
Page 2  
 
 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? 
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. 
8. Does your legislation provide for any restri ctions for obtaining provisional measures? 
If so, what are these restrictions?  Please cite the relevant provisions of law. 
9. Please describe the provisional measures provided for in your legislation, including those 
useful to combat counterfeiting and piracy.  Please de scribe the procedures that must be followed and 
cite the relevant provisions of law. 
10. Please describe the measures provided by your legi slation to combat counterfeiting and piracy 
at the border. Please explain whether the competent au thorities 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. 
E. ENFORCEMENT 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. 
12. Please indicate the authorities responsible for the application of the measures provided by 
your legislation to combat counterfeiting and 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. 
13. Please describe any new initiatives that are planned to improve the enforcement of intellectual 
property rights in your country, particularly initiativ es to combat counterfeiting and piracy.  Is there a 
particular action plan in place? 
 
FORMER YUGOSLAV REPUBLIC OF MACEDONIA 
  
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? 
B. PATENTS  
2. Does your legislation grant patent protection fo r inventions relating to  products and processes 
in all fields of technology?  Are there any excep tions?  If so, please explain what these exceptions are 
and how they comply with Article 27 of the TRIPS Agreement.  IP/C/W/419 
 Page 3 
 
 
 3. Does your legislation, in accordance with Article  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? 
4. Does your legislation make the granting of a compulsory licence subject to all the conditions 
enumerated in Article 31 TRIPS of the TRIPS Agreemen t?  Please cite the relevant provisions of law. 
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. 
C. PROTECTION OF UNDISCLOSED INFORMATION  
6. Please explain in detail if your legislation ensur es 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 agricultural chemical pr oduct 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 firs t applicant, when applying subsequently for market 
authorisation for his own product. 
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? 
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. 
8. Does your legislation provide for any restri ctions for obtaining provisional measures? 
If so, what are these restrictions?  Please cite the relevant provisions of law. 
9. Please describe the provisional measures provided for in your legislation, including those 
useful to combat counterfeiting and piracy.  Please de scribe the procedures that must be followed and 
cite the relevant provisions of law. 
10. Please describe the measures provided by your legi slation to combat counterfeiting and piracy 
at the border. Please explain whether the competent au thorities 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. 
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. 
12. Please indicate the authorities responsible for the application of the measures provided by 
your legislation to combat counterfeiting and 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. IP/C/W/419 
Page 4  
 
 13. Please describe any new initiatives that are planned to improve the enforcement of intellectual 
property rights in your country, particularly initiativ es to combat counterfeiting and piracy.  Is there a 
particular action plan in place? 
 
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