. /.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/137
15 March 1999
(99-1019)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
IMPLEMENTATION OF ARTICLES 70.8 AND 70.9
OF THE TRIPS AGREEMENT
By means of a communication from its Permanent Delegation, dated 9 March 1999, the
European Commission has informed the Secretariat that the European Communities and their memberStates had sent follow-up questions as reproduced below to the Permanent Mission of Uruguay,
concerning the responses from Uruguay
1 to earlier questions from the United States.2
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Follow-up questions to responses from Uruguay1
to earlier questions from the United States2
1. Please confirm that the Industrial Property Office of Uruguay is responsible for:
(a) receiving patent applications in accordance with Article 70.8 of the TRIPS
Agreement;  and
(b) the granting of exclusive marketing rights in accordance with Article 70.9 of the 
TRIPS Agreement.
2. If the reply to (1)(a) and (b) is positive, please specify the address of the Industrial Property
Office of Uruguay.
3. If the reply to (1)(a) and (b) is negative, please identify the relevant institution and submit the
address of this institution.
4. In reply to questions 2, 3, 4, 5 and 6, Uruguay states that "Inasmuch as the TRIPS Agreement
does not specify the content and scope of exclusive marketing rights, we are analysing this new
situation for which there is as yet no clear background information at international level" .  Please
explain how the "current analysis of the new situation" has affected the implementation ofArticles 70.8 and 70.9 of the TRIPS Agreement, which clearly require legislation to grant exclusive
marketing rights to be in place since 1 January 1995.
5. Please indicate how many applications for the granting of exclusive marketing rights have
been received since 1 January 1995 in Uruguay.
6. What legal instruments are available to the right holders of exclusive marketing rights in
order to enforce these rights against unauthorised marketing of the relevant product during the term of
protection?
                                                     
1 Circulated in document IP/C/W/121.
2 Circulated in document IP/C/W/113.IP/C/W/137
Page 2
7. How many infringement cases have been launched by rightholders of exclusive marketing
rights under the legal instruments available in Uruguay?
Questions through which the European Communities and their member States are s till seeking
comprehensive replies to the following issues (questions similar to those submitted by the
United States in document IP/C/W/113)
8. Please clarify the specific provisions in Uruguay's Patent Law, No. 16,671, which incorporate
Articles 70.8 and 70.9 of the TRIPS Agreement into national legislation from 1 January 1995.
9. Please explain the existing administrative procedures to be followed in order to obtain an
exclusive marketing right in Uruguay, including th e fee for obtaining an exclusive marketing right.
10. How does Uruguay's domestic legislation ensure that marketing approval is not granted to
unauthorised third parties prior to the expiration of the exclusive marketing right as provided for in
Article 70.9 of the TRIPS Agreement?
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