RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/283
15 June 2001
(01-2990)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Suriname to the questions posed by Canada and
the European Communities and their member States
By means of a communication from the delegation of Suriname, dated 13 June 2001, the
Secretariat has received the following responses to the questions posed by Canada and the European
Communities and their member States, as circulated in documents IP/C/W/245 and 244, respectively.
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CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement)
have been implemented.
Our current legislation does not yet meet the obligations mentioned above.  We do have a
Draft Law on Copyright and Neighbouring Rights, which provides in the implementing of these
obligations.
2. What protection does your Copyright le gislation afford to "foreign works"?
Our Copyright Law provides for the same protection of copyright to foreign works as it does
to national works.  However, such works must be disclosed in Suriname.  The protection period is 50
years from the date of death of the creator.
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
[No response received.]
B. C OPYRIGHT 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 whichIP/C/W/283
Page 2
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the
Berne Convention (1971)).
Our Copyright law is based on the right of "first use".  Registration is not required for
exercising copyrights.  Our Copyright Law provides for  the protection of authors of literary works,scientific or artistic works.  Violation of copyrights, in terms of  the penal provisions in our Copyright
law, range from SRG10.000 to imprisonment of 2 years.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
In article 10 of our Copyright Law is stated that in generally any literary work, scientific or
artistic work, no matter in what form, can be reproduced.  This indicates that  computer programs and
databases are also included in the protection of Copyrights.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
Our legislation does not provide for a rental right.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
Our legislation does not provide for the rights granted to performers, producers of
phonograms (sound recordings) and broadcasting organisations.
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Please refer to our answer to question 5.
7. Please state the terms of protection of each right described above and the work or subject
matter to which it applies.
Please refer to our answers to questions 5 and 6.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPSAgreement) and Article 14.6 of the TRIPS Agreement.
Our legislation does not provide for the retroactive protection pursuant to article 18 of the
Berne Convention and Article 14.6 of the TRIPS Agreement.
C.T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
Our current legislation does not mention signs.  However, Article 32.1 of our Draft Law on
Industrial Property does mention that  "mark" means "any visible sign capable of distinguishing the
goods ('trademark') or services ('service mark') of  an enterprise".  According to article 32.2 a sign
should be visible and capable of distinguishing the goods or services of an enterprise to be
protectable.IP/C/W/283
Page 3
10. Please confirm whether or not services are a protectable subject matter in your trademark
law.  Please confirm if signs, such as trade names, are protectable.  Please describe if elements such
as sound, perfumes and containers are protectable.
Services are not a protectable subject matter in our current Trademark Law, but are included
in our Draft Law on Industrial Property.  Article 32 of this Draft mentions "goods or services".
Elements such as sound, perfumes and containers are not provided for in our Trademark Law.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration
in that respect.
Our current Trademark Law is based on a declarative system, which means that the exclusive
right to a  trademark can be obtained by the use and not by the registration of a trademark (the "right
of first use").  Article 2 of our Trademark Law states that the exclusive right to a trademark can be
obtained by the person who has first used such a trademark.  Further more, a claim on "first use"should be no longer than 3 years after the last use of the trademark.
12. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
According to article 19 of our Trademark Law, trademark registration are renewable if the
applicant meets with all the formalities required for the first registration.
Renewals must be applied within the period of ten years from the date of registration.
13. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
There are no special requirements prescribed by our Trademark Law concerning the use of a
trademark. However,  the  Articles 390 and 400 of our Penal Code provide in legal remedies against
unfair competition and misleading the public.
D.G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
Our trademark registration authority does refuse a trademark if it contains a geographical
indication.  Although our Trademar k Law does not include "geographical indication", such is stated in
Article 6 quinquies  of the Paris Convention.
In article 33 of our Draft Law on Industrial Property is also provided for the authority to
refuse a trademark registration  on the ground of geographical indication.
15. Please give the definition of a geographical indication in your legislation.
A trademark can be considered as to give a geographical indication when it is likely to
mislead the public or trade circles, in particular as regards the geographical origin of the goods orservices concerned or their nature or characteristics
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.IP/C/W/283
Page 4
The indication of the geographical origin could lead to a certain expectation about the quality
of the product(s) to which such a trademark is related. If a trademark indicates a certain geographical
origin the public must be protected from misleading, otherwise it should not be granted for
registration.
Our legislation does not provide for additional protection to wines and spirits.
17. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
Our legislation does not provide for additional protection to wines and spirits.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names
considered as generic in your jurisdiction.
There has not been any conflict yet, that could lead to jurisprudence.
E.I NDUSTRIAL DESIGNS
19. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are
protected.
Our current law does not yet protect Industrial Designs.  However, such is the case in our
Draft Law on Industrial Property.  According to article 25 of the Draft "any composition of lines orcolours or any three-dimensional form, whether or not  associated with lines or colours, is deemed to
be an industrial design, provided that such composition or form gives a special appearance to a
product of industry or handicraft and can serve as a pattern for a product of industry or handicraft".
Article 25 of the Draft further states that the protection of Industrial Designs does not extend
to "anything in an industrial design which serves solely to obtain a technical result and to the extent
that it leaves no freedom as regards arbitrary features of appearance".
20. Please explain how your legislation protects right holders of a design against importing of
articles bearing embodied or copied design.
Article 30 of our Draft Law on Industrial Property states in the first section that the agreement
of the registered owner is required for the exploita tion of a registered industrial design in Suriname.
Furthermore, the Draft states in the second section that "exploitation" of a registered industrial design
means "the making, selling or importation of articles incorporating the industrial design".
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Our legislation does not provide for the right to issue a compulsory licence for industrial
designs.
22. Please indicate for what period of time your  legislation grants protection for industrial
designs.
Article 30 of our Draft Law on Industrial Property provides for the protection of industrial
designs for a period of five years from the filing date of the application of registration.IP/C/W/283
Page 5
F.P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Our current Patent Law does not defines "novelty", "inventiveness" and "industrial
application".  However, article 2 of our Draft law on Industrial Property sets out and defines
"novelty", "inventive step" and "industrial applicability" as the three basic conditions for patentability
of an invention;
2(1) "an invention is patentable if it is new, involves an inventive step and is industrially
applicable".
2(2) "an invention is new if it is not anticipated by prior art".
2(3) "prior art shall consist of everything disclosed to public, anywhere in the world, by
publication in tangible form or by oral disclosure, by use or in any other way, prior to thefiling or, where appropriate, the priority date, of the applicant claiming the invention".
24. 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.
According to article 32 of our Patent Law the rights of a patent right holder do not extend to
acts performed by any person who in good faith, before the filing date or where priority is claimed,
the priority date of the application on which the patent is granted and, in Suriname, was using the
invention or was making effective and serious preparations for such use.
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
Article 5 of our Patent Law provides for the refusal of a patent based on ordre public  or
morality.
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
Our Patent Law does not mention diagnostic, therapeutic and surgical methods. In
article 2(c)(3) of our Draft Law on Industrial Property, methods of application on the human or animal
body by surgery or therapy, as well as by diagnostic procedures are excluded.
27. 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.
Our current Patent Law does not mention the exclusion of plants, animals and biological
processes from patentability.  In article 1(2)(a) of our Draft Law on Industrial Property, an inventionis defined as "an idea  of an inventor which permits in  practice the solution to a specific problem in
the field of technology".IP/C/W/283
Page 6
28. Please describe how micro-organisms, non-essentially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the
relevant sections of your legislation.
Our Patent Law does not include the protect ion of micro-organisms, non-essentially
biological processes, microbiological processes and plant varieties.  Please note that we are currently
working on a Draft Act on Biodiversity.
29. Please explain how your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
Article 30 of our Patent Law gives the exclusive right to a patent right holder to produce that,
what is subject matter to such patent, to distribute it, to sell it, to rent it, to deliver it to others or to use
it.  Therefore importing without the consent of the patent right holder can be considered as an
infringement of his right.
30. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
Pharmaceutical and agricultural chemical products are not explicitly mentioned in our Patent
Law, but can be brought under the general term "invention", if it is new and industrially applicable
(article 3 and 4 of our Patent Law).
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers
the product obtained directly by that process.
Our Patent Law is not clear on this matter. However, article 10(2) of our Draft Law on
Industrial Property does indicate that a patent shall be granted either in respect of a product or in
respect of a process.
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant legislations and describe the additional conditions in detail.
Article 22b of our Patent Law as well as article 4(3) of our Draft Law on Industrial Property
states that the description shall disclose the invention in a manner sufficiently clear and complete for
the invention to be carried out by any person having ordinary skill in the art and shall, in particular,
indicate at least one mode known to the applicant for carrying out the invention.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Article 32 of our Patent Law provides for righ ts of a "prior-user" and applicants with a
priority claim.  Article 34 of our Patent Law provides for compulsory licensing in case of Industrial
and National importance.
34. Please explain whether or not your legislation provides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular,please explain how your national le gislation considers individual merits in the authorization of such
use.
Please refer to our answer to question 33 above.IP/C/W/283
Page 7
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts
to obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time. In this context, how do you
define "reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominantly for the supply to the domestic market of theMember authorizing such use.
Our legislation does not define a "reasonable period of time".  Article 32(4) of our Patent Law
only mentions the burden of proof.
36. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection has lapsed.
Our legislation does not grant additional protection for innovations after 20 the years of patent
protection has lapsed. According to article 47 of our Patent Law, the invention than becomes public
domain.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
[No reply received]
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
According to article 43(4) of our Patent Law, in case of violation of the right of a patent right
holder, the defendant has the burden of proof.
G.L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
Please note that our legislation does not provide for the protection of layout-designs
(topographies) of integrated circuits.  Therefore questions 39-42 have not been answered.
40. Please explain what protection your national legislation 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.
Please see the response to question 39.
41. 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 thatit contains an unlawful topography.
Please see the response to question 39.
42. Please state the term of protection granted by your legislation to topographies.
Please see the response to question 39.IP/C/W/283
Page 8
H.U NDISCLOSED INFORMATION
43. 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.
Please note that our legislation does not provide for the protection of undisclosed information.
Therefore questions 43-45 have not been answered.
44. Please explain how your legislation defines "undisclosed information".
Please see the reply to question 43.
45. Please explain how your legislation defines da ta submitted to governments or governmental
agencies.
Please see the reply to question 43.
I.E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
In the articles 26-37 of our Copyright Law there are provisions for effective actions against
infringement of copyright materials, such as compensation of the right holder, seizure and/ordestruction of the materials and imprisonment of the offender.
Articles 390, 400, 508, 508a and 520 of our Criminal Law Code provide for the protection of
Government emblems.  Also refer to article 9( 2),10 and 11 of our Trademark Law; the Attorney
General Office is competent of applying for th e invalidation of any trademark opposing with the
public order or morality.  The Court of Justice will decide whether such an invalidation shall be
ordered.
Questions 47-59.
No replies received.
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