RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/ARM/13
28 July 1999
(99-3189)
Working Party on the
Accession of ArmeniaOriginal:  English
ACCESSION OF ARMENIA
Implementation of the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The Government of the Republic of Armenia has submitted the following information on the
Implementation of the WTO Agreement on Trade-Re lated Aspects of Intellectual Property Rights
(TRIPS), with the request that it be circulated to Working Party members.
_______________WT/ACC/ARM/13
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Implementation of the WTO Agreement on Trade-Relate d Aspects of Intellectual Property Rights (TRIPS)
TRIPS Agreement
(General ObligationsCOUNTRY
IP Agreements to which the country adheres
Compliance with Articl es 1 through 12 and
Article 19 of the Pari s Convention for the
Protection of Industrial Property in respect ofParts II, III, and IV of the TRIPS Agreement.
TRIPS Article 2.In general, Armenian legislation complies in all major issues with Art.1-12 and Art.19 of the Paris Convention for the
Protection of Industrial Property (PC) taking into account the existing legislation and draft laws as mentioned below.On 22 April 1993, Armenia became a Member of the World Intellectual Property Organization (WIPO).On 17 May 1994, Armenia also deposited a Declaration of continued application of the Paris Convention, Madrid
Agreement Concerning the International Registration of Marks and the Patent Cooperation Treaty.
1. Under Paris, Article 1(2), industrial
property has as its ob ject patents, utility
models, industrial designs, trademarks,service marks, trade names, indicationsof source or appellations of origin, andthe repression of unfair competition.Article 1100 of the Civil Code (CC) of the Republic of Armenia (RA) of 5 May 1998 states:
“1. Objects of the intellectual property include results of intellectual activity and means of individualization of
participants in civil commerce, of goods, of works, and of services.
2. Results of intellectual activity are:
- works of science, literature, and art;
- performances, phonograms, and programs of broadcasting organizations;
- inventions, utility models, industrial designs;
- selection achievements (plant varieties and animal breeding);
- topology of integrated circuits;
- undisclosed information, including secrets of production (know-how).
3. Means of individualization of participants in civil commerce, of goods, of works, and of services are:
- trade names;
- trademarks (and service marks);
- appellations of origin of the goods.
4. Objects of intellectual property also may be other results of intellectual activity and means of individualization of
participants in civil commerce, of goods, of works, and of services in cases provided by the present Code and
other laws.”
Besides  more general regulation of these topics in Division 10 of the CC the following specific laws are enforced:
- The Law on Patents from 25 August 1993 (ALP),
- the Law on Trade and Service Marks and Appellations of Origin of the Goods from 21 June 1997
(ALTSMAO),
- the Law on Trade Names from 1 August 1997 (ALTN),
- the Law on Copyright and Neighbouring Rights from 27 May 1996 (ALCNR),
- the Law on Legal Protection of Topographies of Integrated Circuits from 3 March 1998 (ALLPTIC).WT/ACC/ARM/13
Page 3TRIPS Agreement
(General ObligationsCOUNTRY
IP Agreements to which the country adheres
The minimum requirements concerning unfair competition is partly met in the existing Armenian legislation. Thespecial legislation to cover the repression of unfair competition as the separate part of The Law on EconomicCompetition is in a stage of drafting in the Ministry of Industry and Trade of the RA and will comply with the Article 10
bis of the Paris Convention. (It is expected to be adopted before 1 November 1999). (See also the reply to the
Requirement 31.)
2. In Paris, Article 1(3), industrial property
applies not only to industry and
commerce proper, but to agricultural andextractive industries and to allmanufactured or natural products, e.g.,wines, grain, tobacco leaf, fruit, cattle,minerals, mineral waters, beer, flowers,
and flour.There are no definitions  in anyone of the laws that would exclude the industries and products mentioned in Art.1(3)
PC. Requirements of this article are implied, for instance,  from the Art.5 of the ALP, which states in its Sec.6:
“An invention shall be considered to be susceptible of industrial application if it can be made or used in industry,agriculture, public health or in other fields,”and further in Sec.7:“The subject matter of an invention may be a device, a process, a substance, a strain of microorganism, a strain of plantand animal cells, a plant variety, an animal variety, or the use of a known device, process, substance or  strain for a
new purpose.”
The legislation to cover the protection of plant varieties and animal breeding was being drafted as the separate Law onProtection of Selection Achievements and submitted to the National Assembly for approval (It is expected to be adoptedbefore 1 October 1999). For this reason the relevant provisions will be excluded from ALP.
3. Under Paris, Articl e 2, nationals of
Members are to enjoy in other Membersthe advantages that their respective laws
grant to nationals, and shall have the
same protection and the same legalremedy against any infringement of theirrights if they confor m   to the conditions
and   formalities imposed   upon theMember's   nationals.Under the international treaties to which the RA is party or on the basis of reciprocity, foreign natural and legal persons
shall enjoy the rights afforded by the legislation of the RA and shall be liable to sanctions on the same footing asnatural and legal persons of the RA.
(See the Art.36 and 38 of the ALP, the Art. 47 and 48 of the Law on Trade and Service Marks and Appellations of
Origin of the Goods (ALTSMAO), the Art.16 of the Law on Trade Names (ALTN), the Art.30 of the Draft Law onProtection of Selection Achievements).
4. Paris, Article 3, requi res that nationals of
non-Member countries domiciles or that
have "real and effective" industrial   orcommercial establishments in a Membercountry be treated as nationals   of aMember country.See the reply to the Requirement 3.WT/ACC/ARM/13
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TRIPS Agreement
(General ObligationsCOUNTRY
IP Agreements to which the country adheres
5. Under Paris, Article 4.  a right of priority
is to be given an applicant for a patent,for registration of a utility model, anindustrial design, or of a trademark whohas filed the equivalent of a regular
national filing under the domestic
legislation of a Member country. Theperiods of priority are to be 12 monthsfor patents and utility models, and 6months for industrial designs and
trademarks. The Article discusses the
technical details of granting priority indepth.The Art.22 of the ALP and the Art.7 of the ALTSMAO are in full conformity with the Art.4 of the PC.
6. Article 4bis states that patents obtained
for the same invention in variousmembers of the Paris Union areindependent of each other.From the context  of the Articles 30 and 31 ALP on reasons for revocation and lapse of patent is implied that the
requirements of the PC are adhered.
7. Article 4ter requires that inventors have
the right to be named as such in the
patent.The Art. 4 of the ALP implies an adherence of this PC requirement, stating that:
“A patent shall attest to the authorship of the industrial property subject matter, the priority date of such subject matter
and the exclusive right to exploit such subject matter.”
The right to be named is also provided for in the Art.29, Sec.1, sentence 2: ”The notice shall contain the name of the
inventors or creators, where they have not waived their right to  be identified as such, the name of the patent owner, the
title and claims of the invention or utility model or the title and set of essential features of the industrial design and arepresentation thereof.”The right to be named is indirectly provided for in Art.8 APL.
8. Under Article 4quater restrictions or
limitations on the sale of a patentedproduct or a product produced by apatented process cannot be the groundfor refusing a patent or invalidating onealready issued.There are no restrictions whatsoever mentioned in the ALP and Civil Code.WT/ACC/ARM/13
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IP Agreements to which the country adheres
9. Under Article 5(A)(1), importation of a
patented product manufactured in aParis Union country cannot be the basisof forfeiture of the patent.The ALP doesn’t provide forfeiture of the patent on the basis stipulated by this PC Article, and from its context and
particularly from the Articles 30, 31 (Chapter “Revocation and lapse of patent”) is implied that the requirements of the
PC are adhered.
10. Article 5(A)(2) and (3) authorize
countries to use com pulsory licensing as
a means to prevent a buses, such as the
failure to work, but they may not forfeita patent unless the grant of acompulsory license would not besufficient to p revent the abuse.
Proceedings for forf eiture or revocation
cannot be institute until two years after
the grant of the firs t compulsory license.The Art.16 of the ALP provides for compulsory licensing. The possibility of forfeiture or revocation of the patent
unless the grant of a compulsory license would not be sufficient to prevent the abuse is not provided in Armenian
legislation.
11. Article 5(A)(4) prohibits application for
compulsory license for failure to workuntil four years have passed since theapplication was filed or three years fromdate of grant and no compulsory license
is to be granted if the patentee justifies
the failure to work. Licenses are to benon-exclusive, and may not betransferred except with  the enterprise or
goodwill that exploi ts the license.Armenian legislation adheres to the Art. 5(A)(4) PC.
The Art.16 Sec.3 ALP provides for a period of 4 years since registration of a patent, utility model or industrial designbefore the interested person can request the Government of Armenia to grant a compulsory license which shall be done“if patent owner cannot give good reasons for insufficient working or lack of working…” The same section also statesthat the compulsory license has to be non-exclusive. In general licensing contracts have to be concluded in written
form and are subject to registration with the Patent Office (Art.1154 Sec.2 CC). The consequence   of non-registering
that the contract has “no legal effect” is stipulated additionally in the Art.15 Sec.5 ALP.Amendments to the Art.16 ALP were submitted to Government consideration to provide the full compliance with  theArt.31 of the TRIPS Agreement.
12. Article 5(B) prohibits forfeiture of
industrial designs for failure to work or
for importing articles corresponding to
those that are protected.The ALP does not provide a forfeiture of industrial design for failure to work or for importing articles corresponding to
those that are protected.WT/ACC/ARM/13
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TRIPS Agreement
(General ObligationsCOUNTRY
IP Agreements to which the country adheres
13. Article 5(C) prohibit s cancellation of a
mark for unjustified non-use before areasonable period of time has passed andpermits the proprietor to use differingelements that do not diminish the
distinctive character of a mark without
invalidating the registration ordiminishing the protection granted themark. Concurrent use of the mark by co-proprietors is permitted so long as the
public is not mislead.The Art.22 Sec.5 of the ALTSMAO stipulates, that “when the termination of validity is under consideration, the
documents provided by the owner of the trade mark concerning the non-use for reasons beyond his control shall betaken into account.”Nevertheless, amendments to the Art.22 ALTSMAO were submitted to Government  consideration to clarify thewording of mentioned Article and provide the full compliance with the Art. 5(A)(4) PC.
14. Under Article 5(D), a notice of patent or
trade mark registration may not be
afforded as a pre-requisite for protectionArmenian Law doesn’t require such pre-requisite for protection.
15. Article 5bis requires that a grace period of
at least six months be provided for thepayment of maintenance fees forindustrial property, but a surcharge ispermissible. Countries are authorized to
restore patents that  lapsed for non
payment of fees.The Art.34 ALP in its Sec.1 provides for the restoration of the inventors or creators rights “on payment of the
corresponding fee.”The Art.16 Sec.3 ALTSMAO provides for extension of the trade mark validity period “in compliance with theapplication of the owner of the trade mark submitted over a period of  six month after the date of expiration of validity,provided   the payment of additional fee.”
16. Article 5ter prohibits a Paris Member
from making use of patented devicesaboard a vessel, aircraft, of land vehicletemporarily or accidentally in theterritory or the Member.The Art.12 ALP is in full compliance  with the Art.5
 ter  PC.
17. Article 5quater requires that process patent
owners have all the rights against an
imported product produced by the patent
process that they would have withrespect to products manufactured athome.Armenian Law adheres to the Art.5
 quater PC.
The Art.11 Sec.5 ALP provides, that “Any manufacture, use, importing, storing, offering for sale or sale of goods
using the patented solution, or any other placing on the mark et, or the use of the patented process carried out without
the authorization of the patent owner shall constitute infringements of the latter's exclusive right.” The Art.14Sec.1.ALP provides, that “the fact of placing on the ma rket a product in the manufacture of which … a patented
process is applied shall be deemed to constitute exploita tion of the industrial property subject matter.” The Art.14
Sec.4.ALP provides that “the effect of process patent sh all also extended to the products obtained by the process.”
18. Article 5quinquis requires that Paris
Members protect industrial designs.Industrial design as subject matter of protection is mentioned in Art.1100 and Chapter 65 of the CC and in the Art.4
ALP.WT/ACC/ARM/13
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19. Article 6 makes the conditions for filing
and registration of trademarks subject todomestic legislation but also makesfiling and registration independent ofthose in other count ries, including the
country of origin.This independence implies from the provisions of the Articles 2, 47 and 48 of the ALTMSMAO.
20. Article 6bis requires parties, ex officio if
legally possible or at the request of aninterested party, to refuse to register or,for a period of at least 5 years, to cancelthe registration of a trademarkconfusingly similar to a well-known
mark. No time limit is placed on a mark
used in bad faith.According to the Art.12 Sec.1c ALTSMAO the registration can be refused for a mark, that merely resembles or causes
confusion with the “well-known trade marks in the Republic  of Armenia that are specified by the state authorized
body.”According to the Art.10  ALTSMAO, during the examination the grounds of refusal mentioned in the first part ofArt.12 Sec.1  ALTSMAO have to be taken into account.Cancellation is provided for in the Art. 28 ALTSMAO. The possibility of the cancellation with a time limit in cases of
bad faith is not explicitly provided for in Armenian law.
Amendments to the Articles 11,12 and 28 ALTSMAO were submitted to the Government  consideration to provide forcompliance of  the mentioned Article with the Art. 6
bis PC and Art 16 of the TRIPs Agreement.
21. Article 6ter requires Members to refuse
to register or to invalidate theregistration that includes, without
authorization, armorial bearings, flags,
state emblems, official signs andhallmarks, etc. An exception is   providedfor owners of rights acquired   in goodfaith before the Conven tion   entered into
force for that country.The Art.11 ALTSMAO contains all non-registered objects mentioned in Art.6
ter   PC.
The Art.50  ALTSMAO provides, that registration dating before coming into force of the present law shall remainvalid.
The Art.48 stipulates, that in case of differences between national law and international treaties signed by the RA the
international treaties shall prevail.
22. Article 6quater makes the assignment of a
mark valid if the portion of the business
or goodwill of the business together   withthe exclusive right to  manufacture   and
sell the goods bearing the mark are alsotransferred.Armenian law allows free transfer of the mark  without business. The Art.25 ALTSMAO  only stipulates  that
assignment is prohibited when it  may cause confusion with the consumers relating to the goods or manufacturer
concerned.WT/ACC/ARM/13
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IP Agreements to which the country adheres
23. Article 6quinquis requires that trademarks
duly registered in a Member be acceptedfor filing in other Members, with certainreservations, and establishes theconditions under which a trademark
may be denied registration or may be
invalidated.The Art.2 ALTSMAO provides, that “in the Republic of Armenia the legal protection of a trade mark shall be ensured
… in compliance with the International Treaties signed on  behalf of the RA.” Further reference can be made to theprovisions of Art.47 and 48 ALTSMAO.
24. Article 6sexies states that Paris Members
"undertake" to protect service markswithout being required to provide fortheir registration.The ALTSMAO provides for full protection of service marks under the same conditions as trade marks. (See also the
reply to the Requirement 1 on Trademarks)
25. Article 6septies requires that trademark
owners be able to oppose or request
cancellation of a registration of theirtrademarks applied for by their agent orrepresentative without theirauthorization "unless the agent orrepresentative just ifies his action.The Art.28 ALTSMAO stipulates the reasons  of refusal for trade mark registration and  the right to lodge a complaint
against the trade mark registration.
The Art.11 ALTSMAO states, that mark shall not be registered as a trade mark or an element of it if the mark containsfalse information or data that may mislead the consumer in respect to the goods or the manufacturer.In connection with the rules of the Articles 47 and 48 it can be assumed that  ALTSMAO complies with therequirement of  the Art. 6
septiesPC.
Nevertheless, amendments to the Articles11, and 28 ALTSMAO (mentioned in the reply to  the Requirement 20)
related to the cases of registration or use in bad faith will provide the requirement of Art. 6septiesPC.
26. Article 7 states that  the nature of the
goods to which a trademark is appliedmay in no case be an obstacle to theregistration of the trademark.(Duplicate language is in TRIPS Article15 .4.)Among the basic reasons of refusal for trade mark registration stipulated in the Articles 11 and 12 ALTSMAO such
obstacles are not mentioned.
27. Article 7bis requires that Members permit
registration of collective marks belonging
to associations the existence   of which is
not contrary to the la w of the   country of
origin, even where the   association is not
established in the   country whereprotection is being   sought.The Articles 20 and 21 ALTSMAO include the main provisions in respect of collective marks and their registrability
without any restriction concerning  to foreign associations. Art.47 provides for the right of foreign associations ”in
compliance with the International Treaties signed on  behalf of the RA.”WT/ACC/ARM/13
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28. Article 8 requires that trade names be
protected by Members without thenecessity of registration, whether or notthe names are part of a trademark.The Art.1169 no.1 of the Civil Code stipulates, that “for names registered or generally recognized in a foreign state, an
exclusive right is in effect on the territory of the RA in the cases provided by the statute”.The Art.1 Sec.2 ALTN states, that “the present law applies to all organizational and legal types of entities and allenterprises without a status of legal entity registered in c onformity with the legislative procedure established in the
Republic of Armenia.”.
The Art.16 ALTN stipulates, that in the case of differen ces between national law and international treaties signed by
the RA the international treaties shall prevail.Amendments to the ALTN are submitted to the Government   consideration to provide for compliance with the Art.8PC.
29. Article 9 requires seizure on importation
or exclusion of goods bearing  atrademark or trade name without
authorization, unless a country's laws
provide for neither remedy, in whichcase domestic actions and remedies   mustbe available.The means of protection of exclusive rights are included in the Art.1110 of the Civil Code. Responsibility for  unlawful
use of a trade mark is provided in the Art.1178 CC and in the Art.46 ALTSMAO with  special regard to foreignindividuals and legal persons in the Articles 47 and 48 ALTSMAO (for trade names see also the Articles 11 and 16
ALTN).
For seizure see the replies to the Requirements concer ning Enforcement (14-16) and Border Measures (17-26).
30. Article 10 applies the obligation of
Article 9 to the direct or indirect use offalse indications of source of goods, or
false indication of the producer,
manufacturer, or merchant of suchgoods.The means of protection of exclusive rights are included in the Art.1110 of the Civil Code. Responsibility for  unlawful
use of an appellation of origin is provided in the Art.1183 CC and in the Art.46 ALTSMAO with  special regard toforeign individuals and legal persons in Arts.47 and 48.
For instance, paragraph 2 (c) of the Art.46 ALTSMAO states:
“A person who has unlawfully used the registered appellation of origin or a designation resembling it to the extent ofconfusion, on the demand of the owner of the certificate to use an appellation of origin, the public organization orprosecutor, shall be obliged to remove from the goods or their packaging an unlawfully used designation of theappellation of origin or a designation   (or a portrayal) resembling it to the extent of confusion or to destroy  markingsproduced for the designation of the appellation of origin or the designation   (or a portrayal) resembling it to the extent
of confusion.”
For seizure see the reply to the Requirement 29.WT/ACC/ARM/13
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31. Article 10bis requires Members to
provide protection against unfaircompetition, including against acts thatcreate confusion of various kinds aboutthe goods or activities of a competitor,
that consist of false allegations about a
competitor, or that are apt to mislead thepublic regarding a competitor's goods.The minimum requirements concerning unfair competition, which are stated in the Article 10
bis of the PC, is partly met
in Armenian legislation. Some provisions are included in adopted or drafted laws, for instance:a) the Art. 203 of the Draft Criminal Code of the RA, “Obviously False Advertisement”,
b) the Articles 6 and 7 in the Law on Advertisement of the RA of 25 May 1996 ,
c) the Art. 497 of the Civil Code of the RA, “Container and Packaging” (or Deceptive Packaging),
d) the Art. 19 of the Civil Code of the RA, “Protection of Honor, Dignity, and Business Reputation (Goodwill)”
e) the Art. 141 of the Draft Criminal Code of the RA, “Defamation (Slander)”f) the Art. 142 of the Draft Criminal Code of the RA, “Insult”),
g) the Art. 202 of the Draft Criminal Code of the RA, “Illegal use of the trade mark, service mark, trade name,appellation of origin of the goods, marking or similar designations of the competitor’s goods”),
h) the Art. 200 of the Draft Criminal Code of the RA, “Restriction of Competition and Monopolistic Actions.”
The special legislation to cover the  repression of unfair competition as the separate part of The Law on
Economic Competition is in a stage of drafting in the Ministry of Industry and Trade of the RA and will be in compliancewith the Article 10 
bis of the Paris Convention.
32. Article 10terrequires that Members
undertake to assure to  foreign nationals
effective legal remedies to repress
actions referred to in Articles 9, 10 and
10bis, and to allow federations and
associations representing foreignbusinesses, on the basis of reciprocity,   totake action in court and before
administrative authorities to repress such
acts.The Articles 47 and 48 ALTSMAO grant full protection for trade marks and appellations of origin.
The Art.1 no.2 last sentence of the Civil Code states, that “the rules established by civil legislation and other legal actsshall be applied in respect of the relations with participa tion of the foreign citizens, persons without citizenship and
foreign legal persons unless otherwise provided by a statute”.
The right for sue for federations and associations is provided  in the Art.2 of the Civil Procedure Code.(See reply to the
Requirement 1 in general part related to the Enforcement.)WT/ACC/ARM/13
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33. Article 11 requires that temporary
protection, consistent with domesticlegislation, be afforded to patentableinventions, utility models, industrialdesigns and trademarks in respect of
goods exhibited at official or officially
recognized internatio nal exhibitions held
in their territory.The Art.7 ALTSMAO stipulates in its section 2 and 3 that “the priority of a trade mark on the samples to be displayed
at the official or officially recogni zed international exhibitions in the territory of a Member state of the Paris
Convention   may be established according to the date of open display of a trade mark (exhibition priority), providedthe application has been submitted to the state authorized body over a period of 6 months since the aforementioneddate.
The applicant desirous of enjoying the right of Convention or  exhibition priority shall a dvise the State authorized body
when submitting the application or within a period of 2 months from the date of application, and provide thedocuments supporting his right of demand or present the aforementioned documents to the State authorized bodywithin a period of 3 months from the date of application”.
Temporary protection of the inventions, utility models and industrial designs in the context  of the Art.11 PC is
indirectly provided by the Articles 5, 6 and 7 ALP. Namely,
“Disclosure of the subject matter of an industrial property object by the creator (or applicant) or by any person
having obtained the information directly or indirectly from the latter (the burden of proof of the foregoing shall be onthe applicant) shall not affect patentability on condition that the information has been disclosed no earlier than 12months (6 months for industrial design) preceding the filing da te of the application or, wher e an earlier priority date is
claimed, no earlier than 12 months (6 months  for industrial design) preceding such date.”
The provisions of the Art.38 ALP, the Art.48 ALTSMAO and the Art.16 stipulate, that in case of difference between
national law and international treaties signed by the Repu blic of Armenia the international treaties shall prevail.
34. Article 12 requires Members to establish
industrial property offices for patents,utility models, industrial designs andtrademarks for the communication to the
public through publication of a periodic
journal of the names of patent ownerswith a brief designation of theirinventions, and the reproduction oftrademarks.The Patent Office of the Republic of Armenia was established in 1992. The Articles3 and 29 APL set out its main
duties in full compliance with the Art.12 PC.
35. Article 19 authorizes  Members to enter
into separate and special industrial
property agreements among themselves,
so long as those agreements do notcontravene the provisions of Paris.A number of agreements were signed between  the Government of the Republic of Armenia and the Governments of
other states (Georgia, 1993; Russia,1993; Kyrgyzstan,1997) on cooperation in the field of protection of the intellectual
property.
Agreement between  CIS Member Countries on Measures for Protection of the Intellectual Property and Establishmentof the Interstate Council  for Protection of the Intellectual Property (Moscow, Mart 1993) was also signed.WT/ACC/ARM/13
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36. National treatment, with exceptions
allowed in   the Paris, Berne and RomeConventions.   Article 3.See the reply to the Requirement 3 in the General Obligations and the reply to the Requirement 4 in the Copyright and
Neighbouring Rights.
37. Most favored nation treatment, with
enumerated   exceptions. Article 4.The provisions of the Art.38 ALP, the Art.48 ALTSMAO, the Art.16 ALTN and the Art.31 of the draft Law on
Protection of Selection Achievements adhere to the app lication of the most favored nation treatment according to
TRIPS.WT/ACC/ARM/13
Page 13Copyright and Neighbouring Rights Citation to copyright and related laws.
Compliance with Articles  1 through 21 of the
Berne Convention with th e exception of Article
6. Article 9.1.Armenian legislation complies in all major issues with said articles of the Berne Convention (BC). Copyright and
neighbouring rights are dealt with in the Civil Code of the RA of 5 May 1998. Chapter 62 contains  general provisionsfor all kinds of intellectual property, Chapter 63-special provisions for copyright and Chapter 64 -provisions forneighbouring rights. Copyright and neighbouring rights are dealt with in detail in the Law on Copyright andNeighbouring Rights of 27 May 1996  (ALCNR). According to the Art.3 ALCNR, in case of inconsistencies of
Armenian copyright law and international treaties to which Armenia is member, the international treaties shall prevail.
1. Article 2 defines "literary and artistic
works" as "every production in theliterary, scientific and artistic domainwhatever may be the mode or form of itsexpression," giving examples.
Limitations related  to speeches are
provided in Article 2
bisThe Art.1111 no.1 CC stipulates, that “copyright extends to th e works of science, literature and art, that are the result
of creative activity regardless of the purpose and merits of th e work and of means of its expression”. According to the
Art.1111 no.2 CC, “the work must be expressed in audible, written or other objective form allowing the possibility ofits perception”. According to the Art.5 Sec.2 ALCNR, the objects of copyright can be:
literary, including scientific works, all kinds of computer  programs (operating systems, source codes, object codes,
electronic information systems, etc.);dramatic and dramatic-musical works, scripts, script outlines, librettos and other staging works;musical works with and without words;choreographic works and pantomimes;
audio-visual works (cinematographic films, tele-films, video-slide films and other cinematographic and TV works);
works of paintings, sculptures, drawing and other works of fine arts;works of architecture, urban planning, park and garden design;photographic works and works created by similar means;works of decorative and applied art;illustrations, maps, plans, sketches, , and works relate d to geography, geology, topog raphy and other spheres of
science;
derived works (translations, adaptations, abstracts, annotations, reviews, briefs, adapted works, arrangements, staging,as well as other alterations of scientific, literary and artistic works);collections of works, folklore adaptations, encyclopedias, anthologies, compilation of data and other materials, andother composite and collective works which constitute the result of  creative activity;graphical design works, fonts;
works of architectural-artistic solutions (in complex and individual parts);
other works;parts and pieces of  works;WT/ACC/ARM/13
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Copyright and Neighbouring Rights Citation to copyright and related laws.
The object of copyright should be expressed in the following form:
written (manuscript, typed text, musical scores, etc.);verbal (public speeches, addresses, sermons, lectures, etc.);recorded (mechanically, magnetically, digitally, optically, etc.);image (picture, sketches, design, plan, cinema-, tele-, or  photo-shot, etc.);three-dimensional (sculpture, model, installation, etc.);
works of other perceptible and objective form.
The Art.1127 CC states, that: “limitations of the exclusive rights of the author shall be applied on the condition that
they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate  interestsof the author. Limitations of the exclusive rights of the author and of other persons to  use  the work shall  be allowed
only in cases provided by statute.” (Wording of this article is in compliance with the Art.13 TRIPS).
Limitations related to speeches included in the Art.13 ALCNR are:
“reproduction of the publicly delivered political speeches, reports, announcement and other similar works in
mass media, in the extent justifying the purpose;
reproduction in information reviews and communications of the works audible or visible in the course of the
events included in the mentioned review and communication in the extent justifying the purpose;
use of the work in legal and administrative proceedings, in the extent justifying the purpose”.WT/ACC/ARM/13
Page 15Copyright and Neighbouring Rights Citation to copyright and related laws.
2. Article 3 requires that protection be
provided to the works of authors whoare nationals of Berne Union membersand to works of nationals of non-Unioncountries if those works are published ina Union member simultaneously with
publication in the non-Union country.The Art.7 ALCNR grants protection to works:
“whose copyright holder is a citizen or a legal entity of the Republic of Armenia, or resides permanently in the territoryof the Republic of Armenia, regardless of where the work was created or initially published;that was initially published in the territory of the Republic of Armenia, regardless of citizenship and residence of thecopyright holder.  The work is considered to be initially published in the Republic of Armenia even in the case, when itwas published in the territory of the Republic of Armenia within 30 days of its initial publication elsewhere;
that was not published, but the original thereof is in the Republic of Armenia;
other works, in compliance with international agreements signed by the Republic of Armenia”.The Art.1129 CC provides effectiveness of copyright in the territory of the RA:
Copyright to a work first released to the public on the territory of the Republic of Armenia or not released to the
public, but one original of which is on its territory in some objective form, shall be effective on the territory of the
Republic of Armenia. In this case, copyright shall be recogn ized for the author and his heirs, and also for other legal
successors of the author regardless of their citizenship.
Copyright shall be recognized also for citizens of the Repu blic of Armenia whose works first were released to the
public or exist in some objective form on the territory  of a foreign state and also for their heirs and other legalsuccessors.
In the giving of legal protection  to an author in accord ance with international treaties the fact of release of work
to the public on the territory  of a foreign state shall be determined according to the provisions of the respective
international treaty.
3. Article 4 requires that protection be
provided cinematographic works notfalling under Article 3 if the maker hasa   headquarters or habitual residence in
a   Union member and to works of
architecture or artistic worksincorporated into a building orstructure in a Union member.After the joining of Armenia to the Berne Convention the requirements of this BC Article will be implied from the
above mentioned Art. 7 ALCNR and  Art.1129  CC.
4. Article 5 requires that  authors enjoy the
rights required by Berne and any otherrights a country provides works on a
national treatment basis without being
subject to any formalities.The Art.1116 no.1 CC which states, that ”copyright to a work of science, literature, or art arises by virtue of the fact of
its creation. Neither registration of the work nor the observance of any other formalities is needed for arising ofcopyright.” The similar definition is stipulated in the Art.8 Sec.1 ALCNR.
The requirements of this BC Article are implied also from the Art.7 (d) ALCNR.WT/ACC/ARM/13
Page 16
Copyright and Neighbouring Rights Citation to copyright and related laws.
5. Article 7 requires that the term of
protection for copyright be 50 yearsfollowing the death of the author.Special terms are authorized for
cinematographic works, anonymous orpseudonymous works, photographic
works and works of applied art.The Art.26 states, that:
“3.The author’s economic rights are in effect during the lifetime of the author and during 50 years after his/her deathfrom 1 January of the year after the death of the author.   4.The copyright of a legal entity holding the economic  right in  work is valid  for 50 years as of 1 January of the yearafter the first publication of the work, and in case the work has never been published, as of the date of the creation
thereof.
   5.In the case of a work  published  anonymously or under pseudonym, the copyright in the work is valid 50 years, as
of 1 January of the year after the first publication of the work.   6.If the identity of the author of an anonymous or pseudonymous work is disclosed within 50 years, the provision ofthe part3. of this  Article applies.   7.The economic right in a work which is first published w ithin 50years after the author’s death,  is valid for 50 years
as of 1 January of the year after the first publication of the work.”
The Art.1131 CC provides the similar wording.
6. Article 8 gives authors of protected
works the exclusive right to make orauthorize the making of translations ofthe work.According to the Art.12 (e) ALCNR the author or any other copyright holder can grant permission or prohibit the use
of the work in the form of translation. The same right is provided for in the Art 1124 Sec.2 no.7 CC.
7. Article 9 requires that authors be given
the exclusive righ t to authorize
reproduction of the work in any manner
or form with only limited exceptionsthat do not conflict with the normalexploitation of the work and do notunreasonably prejudice the legitimateinterests of the author.The Art.12 (a) ALCNR states, that  the  author or any other copyright holder can grant permission or prohibit the  use
of the work in the form of reproduction with only limited exceptions  which are provided in the Art.13 (see the reply to
the  Requirement 8) in accordance with the Art. 1127 CC.WT/ACC/ARM/13
Page 17Copyright and Neighbouring Rights Citation to copyright and related laws.
8. Articles 10 and 10bis define certain
authorized "free uses of works."The Art.13  ALCNR provides, that “the  work can be used without consent of the author and without payment of the
author’s remuneration, but with obligatory indication of the author’s name and of the source in the following cases:
 reproduction and dissemination of parts of published work as a citation (original or translation), in the extent justifying
the purpose;
) reproduction of a published work in educational publications, radio and TV programs, sound and video recordings, i n
the extent justifying the educational purpose;
 reproduction in mass media of the articles on current political, economic, social and religious issues published with the
press, unless such use has been prohibited beforehand by the author;…g)    public performance of musical works during official, religious as well as other civic ceremonies.”
9. Articles 11, 11bis, and 11ter  require that
authors of dramatic, dramatico-musicaland musical works and any translation
thereof and authors of literary and
artistic works, the exclusive right toauthorize the public  performance of
their works, including by broadcast,public recitation and anycommunication to the public.The  Art.1124 CC states:
“The author shall have the exclusive right to the use of the work in any form and by any mode.The use of the work is the reproduction and distribution of the work and its realization by other modes, which
include in particular:
public display (showing, exhibition ) of the work,rendering a copy constituting a material carrier of the work,public performance of the work,broadcasting (by radio or television), including transmission by cable or satellite communications,technical recording of the work,
reproduction of the technical recording of th e work including by radio or television,
translation or adaptation of a work for its later use.”
The Art.12 ALNCR provides the similar provisions.
10. Article 12 requires that authors of
literary or artistic works have theexclusive right to authorize adaptations,arrangements and ot her alterations of
their works.The clear and sufficient wording is contained in the Art 12 ALCNR (e) for “translation” and (f) for “processing,
adaptation, re-structuring, re-arrangement, illustration, and other similar alteration.”The Art.1124 no 7 CC contains translations and “adaptation.”
11. Article 13 authori zes countries to
impose reservations and conditions onthe exclusive right granted authors ofmusical works or written works that arerecorded.There are no reservations or conditions mentioned in the Art. 13 BC  imposed in Armenian law.WT/ACC/ARM/13
Page 18
Copyright and Neighbouring Rights Citation to copyright and related laws.
12. Articles 14 requires that authors of
literary and artistic works have theexclusive right to  authorize the
cinematographic adaptation andreproduction of their works and thedistribution, public  performance and
communication to the public of the
adaptation or reproduction, without thelimitations authorized under Article13(1).Requirements of this article BC are implied from the Art.12  ALCNR, which states:
“The author, or any other holder of copyright can authorize or prohibit the usage of the work in the following forms:
reproduction;public performance or communication to the public;public demonstration;public repetition of the broadcasted work;
translation;
processing, adaptation, re-structuring, re-arrangement, illustration, and other similar alteration of the work;…”
13. Article 14bis specifies that a
cinematographic work is to be protectedas an original work without prejudice to
any work that is adapted or reproduced
and the author of the cinematographicwork is to enjoy the same rights as the
author of any other work.Cinematographic works are mentioned as an object of copyright  in the Art 1112 no.6 CC and Art.5 sec.2 (e) (for the
rights of authors of cinematographic works see also the reply to the Requirement 12).The Art.20 Sec.4 ALCNR states, that: ”In accordance with the agreement on the making of audio-visual work the
authors transfer the right of exploitation of the work to the person organizing the making of the work.”
14. Article 14ter requires "droit de suite" in
connection with subsequent sales worksof art and manuscripts.This right is provided for in the Art.21  ALCNR. “Copyright in Works of Fine Art”:
“During the term of the copyright, the author or after his d eath his/her successor in title shall enjoy the inalienable right
to receive five per cent of the price from each of the subseq uent sale trough auction, art galleries, trading halls shops
etc. of the original fine arts’ work soled  by the author “.
 In respect to the original works of art and original manuscripts of writers and composers, amendments to the ALCNRwill be submitted to the Government  consideration to provide for compliance with  the BC requirements..
15. Article 15 requires that ownership of a
work, for purposes of litigation, bepresumed to be that which appears on
the work in the usual manner.This requirement is met in the Art.8 Sec.2 and Sec.3 AL CNR which states, that  “the person mentioned as the
copyright holder at the first presentation of the work is recognized as the author, unless otherwise is proved by  thecourt.
The publisher of an anonymous work or of a work created under a pseudonym (except the cases where the identity of
the pseudonym holder is undisputed), whose name is mentioned on the publication, and in the absence of proof to thecontrary is considered to be the author’s representative and is in that capacity in a position to defend the author’s rights
and to provide their implementation. The publisher holds this right until the author of the work is identified.”The Art 1116 Sec.2 and Sec.3 CC also provides for  this rights.WT/ACC/ARM/13
Page 19Copyright and Neighbouring Rights Citation to copyright and related laws.
16. Article 16 requires that  infringing copies
of a work be subject to seizure whetherdomestically produced or imported.The Art.43 (c) ALCNR states that “the holder of copyright and neighbouring rights, while protecting his rights shall be
entitled to demand the  infringing copy, its forfeiture or destruction.In the case when the demands of the holder of copyright and neighbouring rights are not satisfied, these rights aresubject to be protected in the court.”The Art.14(3)CC stipulates, that “the protection of the civil rights inter alia is exercised by cessation of the acts thatinfringe or are liable to infringe the rights.”.
The Art.98 (1.2) CPC as a measure for securing the clam provides “banning the defendant from doing certain actions.”
17. Article 18 requires that copyright
protection be applied to all works which,at the moment Berne becomes effective,have not fallen into the public domain inthe country of origin  through the expiry
of the term of protection.A respective clause  will be included in the national law concerning the joining of Armenia to the Berne Convention.
18. Article 19 authorizes Union members to
provide greater protection than thatrequired by the Convention.Armenian copyright law complies with the Art.19 BC providing greater protection in some cases, for instance:
The Art.12 (h) ALCNR  provides for  right of author or any other copyright holder to grant permission or prohibit
“import or export of copies.”
The Art.24 provides for copyright in an interview.the general term of protection is fifty years (see also the reply to the Requirement 5), while the Art.7(4) BC
determines “the term of protection of photographic works and that of applied art…this term shall last at least    until the
end of period of 25 years from making such a work.”.
19. Article 20 authorizes Union members to
enter into special agreements amongthemselves to provide more extensiverights than those provided by Berne.See the reply to the Requirement 35 in the General Obligations.WT/ACC/ARM/13
Page 20
Copyright and Neighbouring Rights Citation to copyright and related laws.
20. Protect computer programs, whether in
source or   object code, as literary worksunder the Berne   Convention. Protect
compilations of data,   whether inmachine readable or other form are tobe protected as intellectual creations if
they   constitute such.
Article 10.Computer programs and compilation of data  are mentioned in  the Art.5 Sec.2 as the objects of copyright:
 a) “literary, including scientific works, all kinds of comp uter programs (operating systems, source codes, object codes,
electronic information systems, etc.)”l) collections of works, folklore adaptations, encyclopedias, anthologies, compilation of data and other materials, andother composite and collective works which constitute the result of  creative activity.The Art.22 Sec.1 and Sec.3 provides for copyright in a coll ection work: “The person compiling a collection work holds
copyright in reference to selection and arrangement of the subject matters in the collection work, that constitute the
result of creative activity.The copyright of the compiler of the collection work shall not prejudice the rights of the authors of the works includedin the collection work.”The same is provided by the Art.1112 (12) and the Art.1113 Sec.2 (3).
21. Provide rental rights at least for
computer programs and
cinematographic works with   certainexceptions. Article 11.The Art.1124 Sec.4 CC and the Art.12 (g) ALCNR provide an exclusive rental right for all kinds of protected works
including computer programs and cinematographic works without any exceptions.
22. Provide a term of protection of fifty
years from   the death of the author(Berne Article 7.1 and   TRIPS Article
9.1) or, for works the term of   which is
not measured by the life of the author, aterm of 50 years from the end of thecalendar   year of authorizedpublication, or, if not   published withinfifty years from making, fifty   years
from the end of the calendar year of
making. Article 12.Protection terms comply with this requirement, see the reply to the Requirement 5 (Art.7 BC), supra.WT/ACC/ARM/13
Page 21Copyright and Neighbouring Rights Citation to copyright and related laws.
23. Confine limitations and exceptions to
exclusive   rights to certain special caseswhich do not   conflict with a normalexploitation of the work   and do notunreasonably prejudice the rightholder's legitimate interests. Article 13.See in general answers to the Requirements 7 and 8 supra.
The Art. 1127 CC in its Sec.1 establishes general limits for such limitations and, in its Sec.2 stipulates that suchlimitations shall be allowed only in cases provided by statute. Such cases are contained in the Art.13 through 18
ALCNR.
24. Provide performers wi th the right for 50
years   from the date of a performanceto prevent   unaut horized fixation of
their unfixed   performances and ofreproductions of such   fixations and toprevent the unauthori zed   broadcast by
wireless means and communication   to
the public of their live performances.Article   14.1 and 5.The Art 30 ALCNR mentions performers among the subjects of neighbouring rights and theArt.33 provides for
performers rights: “The performer holds an exclusive right to allow or prohibit public transmission of his/herperformance, recording of previously unrecorded perfor mances on a material carriers, as well as reproduction,
dissemination through sale, or transfer to any other person.”The term of protection of 50 years stipulated in the Art.38 ALCNR is in accordance with TRIPS. The rights of
performers are mentioned also in the Art.1139, Art.1140 Sec.2 and Art.1142 Sec.1CC.
25. Provide phonogram producers with the
right for   50 years from the date of firstauthorized fixation   to prohibit
unauthorized reproduc tion of their
phonograms, directly or indirectly, andto   prohibit rental of copies of theirphonograms   once sold or otherwisedistributed. Article 14.2,   .4, and .5.The phonogram producers  rights are included in the Art.30 ALCNR and the subject matter of these rights  is regulated
in the Art.34 Sec.1 ALCNR:“The phonogram producer has the right to allow or prohibit the reproduction of the phonogram, its dissemination
among the public, the protection of the copies of the phonogram from exportation, sale, copying and other use of the
phonogram.”The Art.37 Sec.1 stipulates  use of the phonogram created for commercial purposes:“It is allowed the public use, transmission (wireless or by wire) of a phonogram created for commercial purposeswithout a permission of a phonogram producer  and a performer of the performance recorded on the phonogram, butagainst payment of remuneration.”
The protection period of fifty years is stipulated in the Art.38 ALCNR. The term of protection is computed from the
end of the calendar year in which the fixation was made or the first publication occurred.The neighbouring rights of phonogram producers are also included in the Articles 1139, .1140 Sec.3. and the Art.1142Sec.2 CC.WT/ACC/ARM/13
Page 22
Copyright and Neighbouring Rights Citation to copyright and related laws.
26. Providing broadcasting organizations
with the   exclusive rights for 20 years of
fixation,   reproduction  of fixations, and
rebroadcasting by   wireless means of
their broadcasts and thecommunication to the public of
broadcasts of   their broadcasts or
provide to the owners of the   copyright
in the material broadcast the possibilityof exercising such rights. Article 14.3and 5.The broadcasting organizations rights are included in the Art.30 ALCNR and the subject matter of these rights  is
regulated in the Art.35 Sec.1 ALCNR:“A broadcasting organization has a right to allow or prohibit the public reproduction (transmission), recording andreproduction on material carriers, and other similar use of materials broadcasted by the organization.”The protection period stipulated in the Art.38 sec.3 ALCNR is  fifty years computed from the end of the calendar year
in which the  first broadcast  (wireless or by wire) took place.
The rights of broadcasters are also included in the Articles1139, 1140 Sec.4 and 1142 Sec.3. CCWT/ACC/ARM/13
Page 23Trademarks Citation to appropriate law
1. Provide trademark or service mark
protection for   any sign, or combinationof signs capable of   distinguishing thegoods or services of one   undertakingfrom those of other undertakings.Article 15.1The Art.1 ALTSMAO states, that ”the term of trade and se rvice marks (hereinafter trade mark) implies the marks by
virtue of which the goods and services of a legal person or individual entrepreneur or enterprise without a status oflegal entity differ from the identical goods and services (hereinafter goods) of other legal person or individualentrepreneur or enterprise without a status of legal entity.”The Art.2 ALTSMAO states, that “in the Republic of Armenia the legal protection of a trade mark shall be ensured onthe basis of the state registration of a trade mark…in accord ance with the procedure established by the present Law or
in compliance with the International Treaties signed on behalf of the Republic of Armenia.”
The Art.5 ALTSMAO provides for types of marks.The general provisions concerned trade mark protection are stipulated also in the Art.1171 CC.
2. Not deny registration for mark based
solely on the nature of the goods orservices to which a trademark is to beapplied.No such denial is provided for in any Articles of the ALTSMAO.
3. Trademarks must be published before
or shortly   after registration to permit
opposition or   opportunity to apply forcancellation. Article   15.5The Art.18 ALTSMAO provides for publishing “within the period of six month from the date of registration.”
Amendments to ALTSMAO were submitted to Government consideration to provide the full compliance with
publication period mentioned in the Art.15.5 TRIPS.
4. Provide trademark owners the exclusive
right to   preven t unauthorized use
identical or similar   marks for similargoods or services of other   parties if
confusion is likely to result. Article   16.1The exclusive right to use is stipulated in the Art.1172 Sec.1 CC: “The possessor of the right to a trade mark has the
exclusive right to use and dispose of the mark belonging to it” and in the Art.4 ALTSMAO which does not complywith TRIPS. Amendments to ALTSMAO were submitted to the Government consideration to provide the full compliance of the
mentioned Article with the Art.16.1 TRIPS.
5. Presume confusion where an identical
mark is   used without authorization on
identical goods or   services. Article 16.1.This presumption is contained in the Art.4 ALTSMAO which states, that the exclusive right of the owner of the trade
mark shall be considered infringed where “the  trade mark  is used on the goods, for which the trade mark is registered
(as an action defined in the first part of the Art. 22).WT/ACC/ARM/13
Page 24
Trademarks Citation to appropriate law
6. Provide protection for well know
trademarks and   service marks inaccordance with Article 6
bis of   the Paris
Convention, even where use is on goods
or services which are not similar tothose in   respect of which a trademarkis registered if the   latter use wouldimply a connection with the rightholder or would be likely to damage the
right   holder's in terests. Article 16.2
and .3.In the amendments submitted to the Government consideration the wording concerning the well-known trade marks  is
changed in compliance  with Art. 16.2 and 3.
7. Allow only limited exceptions to the
rights   conferred by a trademark suchas fair use of   descriptive terms. Article17.There are no respective exceptions provided for in Armenian law.
8. Provide a period of protection for
registration of   at least seven years,renewable indefinitely.   Article 18.According to the Art.16 Sec.1 ALTSMAO the protection period is 10 years. Extension of validity period is stipulated
in the Art.16 Secs.2 - 4 ALTSMAO.
9. Allow cancellation fo r non-use only after
a   period of  three years of
uninterrupted non-us e   unless valid
reasons exist for the non-use,   includinggovernment interference with use.Article 19.1.The cancellation for non-use after a period of five yeas is stipulated in the Art.22 Sec.4 ALTSMAO, reasons for non-
use are mentioned in the Art.22 Sec.5.
Amendments to ALTSMAO were submitted to the Government consideration to provide the compliance of thewording of the mentioned Article with the Art.19.1 TRIPS
10. No encumbering of the use of a
trademark by special requirements.
Article 20.There are no encumbering of the use of a trade mark  by special requirements  in the Armenian law.
11. May establish conditions for licensing
but compulsory licensing not permitted
and owner of registered mark must beable to assign it with or   withouttransfer of business. Article 21.Conditions for licensing and assignment are stipulated in the Articles 25, 26 and 27 ALTSMAO in accordance with
TRIPS.
For assignment without business, see reply to the Requirement 22  of the Part I (in respect of the Paris Convention)supra.WT/ACC/ARM/13
Page 25Geographical Indications Citation to appropriate law or laws
1. Provide means to p revent deceptive use
of geographical indi cations identifying
location where a given quality,
reputation or other characteristic of agood is attributable to its location.Article 22.1 and 2.The Art.1179 CC and the Art.30 ALTSMAO provide for the protection of the “designation of the place of origin of the
goods.” According to this article the indication of origin is defined as “ the name of the country, populated point,
locality or other geographic object used for specification of  goods, whose special qualities  exclusively or essentially
are determined by the natural conditions or other factors characteristic for this region or combination of natural
conditions and these factors”. The definition in the Art.30 ALTSMAO is similar.But the Armenian Law provides only the protection of the direct indications of source as an appellations of origin ofthe goods, which not includes indirect (in particular pictorial) indications of source. Corresponding amendments  to the ALTSMAO were submitted to the Government consideration to provide the
compliance with the requirements of the TRIPs
2. Refuse to register or invalidate
registrations of   trademarks containinggeographical indications   except ininstances in which such marks havebeen used continuously for at least 10years or in   good faith before 15 April
1994. Article 22.3The Art.11 Sec.3 (a) ALTSMAO stipulates, that a mark shall not be registered as a trade mark or an element of it if
 ” the mark contains false information or data that may mislead the consumer in relation to the goods or themanufacturer.” This wording implies misleading th e public as to the true place of origin too.
According to the Art.28 Sec.2 “any legal or natural person and enterprise without a status of legal entity shall have theright to lodge a complaint against the trade mark registratio n to the Appeals Board. The compliant shall be considered
in compliance with the procedure established by the State authorized  body.”
In regard to the provisions of the Art.24.(4, 5) of the TRIPs (related to the continuously used trade marks)
corresponding amendments  to the ALTSMAO were submitted to the Government for consideration.
3. Protect against use of geographical
indications   even when literally true but
which falsely   repres ent that the goods
originate in another   territory. Article
22.4This requirement is met in the  Art.40 Sec.2 ALTSMAO,
which stipulates that “ the use  of registered appellation of  origin by the persons not possessing the relevant certificate,
even when the true locality of the goods’ origin is indicated , or the appellation is used in  translation or accompanied by
expressions such as “kind”, “type”, “imitation” etc., as well as the use of similar sign on any goods that may misleadthe consumer with respect to the origin and distinguishing characteristics of the goods shall be prohibited.”
4. Protect, with certain exceptions,
appellations or   origin for wines and
spirits even against use   accompaniedby expressions such as "kind,"   "type,""style," etc. Article 23.1 and 24.Requirements of the Art.23.1 TRIPS are implied from the above mentioned Art.40 Sec.2 ALTSMAO.
The Art. 48 stipulates, that in case of differences between national law and international treaties signed by the republic
of Armenia the international treaties shall prevail.WT/ACC/ARM/13
Page 26
Geographical Indications Citation to appropriate law or laws
5. 5.Refuse or invalid ate, with certain
exceptions trademark registrationscontaining geographical indications forwines and spirits if they do notoriginate in the place named. Article23.2 and 24. See the replies to the Requirements 2 and 4.
Moreover, the part 1 (d) of the Art. 12 ALTSMAO states:“The marks shall not be registered as trade mark, that iden tical  or resemble to the extent of confusion with the
appellation of origin of the goods, protecting by the legislation of the Republic of Armenia, except cases when theaforementioned one is incorporated  as not protected elemen t into the trade mark  registered on behalf of a person
enjoying the right to use  the appellation of origin.”
Nevertheless, relevant amendments  to the ALTSMAO in respect geographical indications were submitted to the
Government for consideration.WT/ACC/ARM/13
Page 27Industrial Design Citation to appropriate law
1. Provide, with certain exceptions,
protection for   new or original,
independently created industrial
designs.Article 25.1.The Art.1100 Sec.2 CC mentions industrial design as an object of industrial property.
The Art.7 ALP concerning industrial designs is in full compliance with the Article 25.1 TRIPS.
2. Ensure that requirements for securing
protection   for textile designs are notprohibitive of such   protection. Article
25.2.Textile designs are not definitely mentioned as an object of protection in ALP or CC. But a separate decree, “The
rules on formulation and presentation of application for industrial design”, Order No.6 of 10 February 1994,mentions as examples of two-dimensional designs “carpets, fabrics, shawls, handkerchiefs” in its Part1Sec.2. It canbe assumed that protection is granted for textile designs in Armenian law.
3. Protection should last at least 10 years. According to the Art.4 Sec.3 ALP, the term of protection for industrial design is 15 years.WT/ACC/ARM/13
Page 28
Patents Citation to appropriate law
1. Provide patents for any inventions,
whether   products or processes, in all
fields of technology   if they are new,
involve an inventive step and areindustrially applicable. Exceptions arepermitted   for plants and animals,except for   microorganisms and non-biological and   microbiological
processes. Exemptions are also
permitted for reasons of ordre publicand   morality. Article 27.The requirements of the Art.27 TRIPS are met, for example, in the Art.5 Sec.1 ALP, which states: “An invention
shall enjoy the protection afforded by this Law if it is new, involves an inventive step and is susceptible of industrial
application (patentability criteria for inventions).Concerning the subject matter of an invention,   Sec.7 of the
mentioned Article states:“The subject matter of an invention may be a device, a process, a substance, a strain of microorganism, a strain ofplant and animal cells, a plant variety, an animal variety, or the use of a known device,  process, substance or  strainfor a new purpose.”The legislation to cover the protection of plant varieties and animal breeding was being drafted as the Law on
Protection of Selection Achievements and submitted to the National Assembly for approval. For this reason the relevant
provisions will be excluded from ALP.Exemptions for reasons of ordre public and morality  are mentioned in the Art.4 Sec.6 ALP, which states:“No legal protection shall be afforded to inventions, utility models and industrial designs whose publication orutilization would be contrary to the public interest, to humanitarian principles or to morality.”
2. Provide patent owners with the right to
prevent   others from making, using,
offering for sale,   selling, or importing apatented product or from   using apatented process or using, offering forsale, selling or importing a productproduced directly   using such process.
Article 28.1.The Art.1145 CC, the Art.11 Secs.1, and 3 ALP grant to the patent owner the exclusive right to use the invention.
According to the Art.11 Sec.3 and the Art.14  ALP the patent owner has the rights provided for in the Art.28.1
TRIPS. (See the reply to the  Requirement 17 in Part I  General Obligations).
3. Give patent owners the right to assign
the rights   in the patent, or transfer therights by succession,   or license them.
Article 28.2The Art.10 ALP provides for transfer by succession of the  inventor or creator rights of the patent owner.
The Art.11 Sec.5 ALP provides for assignment of the rights and the Art.15 ALP (Licensing of the Right to UseIndustrial Property Subject Matter) s tipulates the details of licensing.WT/ACC/ARM/13
Page 29Patents Citation to appropriate law
4. Require applicants to disclose the
invention so that one skilled in the artcan carry it out and may requireindication of the best mode andinformation on co rresponding foreign
applications. Article 29.The Art.19 Sec.2 ALP stipulates the necessary contents of application for patent accordi ng to which the application
shall contain:(b) “a description setting out the invention in an exhaustive manner and in sufficient detail for it to be carried out;(d) drawings or other material, where indispensable for the understanding of the subject matter of the invention.”According to the Art.22 Sec2 (last sentence), the applicant have to submit information on corresponding foreignapplications when wishes to enjoy convention priority.
5. Ensure that any excep tions to exclusive
patent   rights do not unreasonablyconflict with normal   exploitation of thepatent and do not   unreasonablyprejudice the legitimate interests of   the
patent owner, taking third party
interests into   account. Article 30.The exceptions to the exclusive patent rights in compliance with the Art.30 TRIPS are listed in the Art.12 ALP
which states:“Use of a protected invention, utility model or industrial design or of means embodying such industrial propertysubject matter shall not be deemed to constitute an infringement of the exclusive rights of the patent owner:(a) for the purposes of scientific research or experiment;(b) for the occasional prepar ation, if a pharmacy, of medicine in  accordance with a medical prescription;
(c) in any means of transport belonging to another State that  temporarily or accidentally enters the territory of the
Republic of Armenia, provided that such use is exclusivel y required for the needs of the means of transport and that
the means of transport belongs to a natural or legal person of a State that affords the same rights to natural and legalpersons of the Republic of Armenia;(d) for private and non–profit–making purposes.”
6. Compulsory licenses can be issued only
when   enumerated conditions are met,
including such   things as notice,remuneration, limitations on use   andtransfer of the license, etc. Article 31.The Art.3 CC providing for basic principles of civil legislation states in its no.2 last sentence: “ Civil law rights may
be limited only by statute, if this is necessary for the pu rpose of defending state and so cietal security, social order,
the health and morals of society, the protection of the rights and freedoms, honor and good reputation of the person.”See also the replies to the Requirements 10 and 11 in Part I  General Obligations.
7. Provide an opportunity for judicial
review of   decisions to revoke or forfeit
a patent. Article   32.According to the Art.30 Sec.1 a patent may be  revoked  on the basis of opposition lodged against its grant. The
Appeals Board of the Patent Office shall consider such opposition within six months (Art. 30 Sec.3). Any party
disagreeing with the decision given by the Appeal s Board may apply to the courts (Art. 30 Sec.4).
According to the Art.33, the courts shall be competent to hear disputes  arising from the application of the PatentLaw  with respect to “… (i) other matters re lating to rights deriving from a patent”.
8. Provide a patent term of at least 20
years from   the filing date. Article 33.The Art.4 Sec.3 ALP provides for the term of protection for patent  20 years as from the date of receipt the
application by the Patent Office.WT/ACC/ARM/13
Page 30
Patents Citation to appropriate law
9. Shift the burden of proof in process
patent infringement actions to thedefendant in instances in which theproduct produced by the process isnew or where it is substantially likely
that the  identical product was made
using the process and   the patent owner
has been unable through   reasonableefforts to determine the process used.Article 34.The requirements of the Art.34 are met in the Art.14 Sec.4 ALP which stipulates, that “the effect of process patent
shall also extent to the product obtained by the process. Unless the  otherwise proven, a product shall be deemed tohave been obtained by means of the patented process.”In the amendments submitted to the Government consideration the provision  concerning the burden of proof isadded to this Article with following wording: “In this case the burden of proof shall be on the defendant if theproduct obtained by this process is new.”WT/ACC/ARM/13
Page 31Integrated-Circuit Layout Designs Citation to appropriate law
1. Provide protection for original layout
designs of  integrated circuits that are
registered or have been commercially
exploited anywhere in the world.Articles 3, 4, 5, and 7 of the WashingtonTreaty as incorporated into TRIPS byArticle 35.Protection for lay-out designs of integrated circuits is granted by the Art.1163 CC and by the Law on Legal
Protection of Topographies of Integrated Circuits (ALLPTIC) of 3 February 1998.
2. Make unlawful, except in certain
circumstances, the reproduction,
importation, sale or other distribution of
a protected layout design or anintegrated circuit embodying suchdesign or an article containing such amicrocircuit. Article 6 of Washingtonand Article 36 of TRIPS.The Art.7 ALLPTIC grants to the right-owner “ the exclusive right on utilization of topography” as well as the right
to prohibit its usage in cases contradicting the law. “Usage “ is defined as “the utilization, selling, renting or
otherwise distributing for commercial purposes , and an offer to implement these actions”
The Art 9. ALLPTIC (Cases not Recogn ized as Infringements of Exclusive Right on Utilization of Topography )
states:“1.The following shall not constitute acts infringing the exclusive right to exploit a topography:a) the exploitation of integrated circuits acquired lawfully or  of products incorporating such integrated circuits if the
person exploiting them is not aware or cannot be expected to be aware that such integrated circuits, or the products
incorporating them, have been manufactured and distributed in infringement of an exclusive right to exploit a
topography. Once such person has been informed of the situation by the holder of the right in the topography, heshall pay to such right holder appropriate compensation fo r each integrated circuit or each product incorporating the
integrated circuit;b) use for private and non-lucrative purposes or for the purposes of evaluation, analysis, research or teaching;c) the distribution of integrated circuits incorporating a pr otected topography that have lawfully been placed on the
market.
2. The acts referred to in the Sec.5 of the Article 7. of this Law shall not constitute an infringement of the exclusiveright to exploit a topography if they are performed with regard to an identical original topography that has beenindependently created by another person.”
3. Provide such protection for a term of 10
years   from the filing of an applicationfor registration   or from first
commercial exploitation. Article 38.This requirement is met by the Art.4 Sec.2. ALLPTIC, which states:
“The term of an exclusive right to exploit a topography shall be 10 years.The exclusive right to exploit a topography shall begin on the earliest of the following dates:
the date of first exploitation of the topography, that is to say the earliest documented date on which the topography
or an integrated circuit incorporating the topography was first commercially exploited anywhere in the world;the date of registration of the topography with the state authorized body.Where an identical original topography has been independently created by another person, the overall term of theexclusive right to exploit the topography may not be more than 10 years.”WT/ACC/ARM/13
Page 32
Undisclosed Information Citation to appropriate law or laws
1. Provide protection for undisclosed
information   that is secret (not
generally known or readily
ascertainable); has commercial valuebecause of   its secrecy; and has been
subject to reasonable   steps to keep it
secret. Article 39.2.Conditions of legal protection of undisclosed information are stipulated in the Art.1164 CC which states that “the
person who lawfully possesses technical, organizational or commercial information, including secrets of production
(or know-how) unknown to third persons (undisclosed information), has the right to protection of this information
from illegal use, if the conditions are observed that are established by the Paragraph 1 of the Article 141 of thepresent Code."According to the Art.141 CC “The information constitute an employment, commercial, or banking secret in casewhen the information has an actual or potential commercial value by virtue of its being unknown to third persons,there is no free access to it on a legal basis, and the holder of the information takes measures for defense of its
confidentiality.”
2. Protect data submitted to obtain
marketing approval for pharmaceuticalor agricultural   chemicals utilizing anew chemical entity.
Article 39.3.The special provisions concerning the protection of undisclosed information in compliance with the Article 39.3
TRIPS are included as a separate part in The Law on Economic Competition which is  in a stage of drafting in theMinistry of Industry and Trade of the RA.WT/ACC/ARM/13
Page 33Enforcement Citation to appropriate law or laws
General Provisions Legislation concerning enforcement of intellectual property is contained partly in Armenian specific Laws related to
the intellectual property and in other laws, such as the Civil Code (CC-enforced from 01.01.99),
Civil Procedure Code (CPC-enforced from 01.01.99), Criminal Procedure Code (CrPC-enforced from 12.01.99),
Draft Criminal Code (DCrC- Is being discussed by the relevant committee of the NA and  is expected to be adoptedbefore 1 November 1999),and Draft Customs Code (DCC- is being elaborated by the Ministry of Finance and Economy and is expected to beadopted before 1 November 1999).
1. Provide for  effective action against
infringement   of intellectual property
rights without creati ng   barriers to
legitimate trade or opportunities forabuse. Article 41.1The Art.12 CC no.1 states the limits of exercise of civil law rights:
“1. Actions of citizens and legal persons exercised exclusively with the intention to cause harm to another person are
not allowed, nor is abuse of legal right allowed in legal forms.
1. Use of civil law rights for the purpose of restricting competition is not allowed, nor is abuse of dominant position
in the market.
2. In case of failure to observe the requirements provided by paragraph 1 of the present Article, the court,
commercial court, or arbitration tribunal (hereinafter- court)  may refuse the person protection of the rightbelonging to it.“
The Art.1110 CC stipulate the means of  protection of exclusive rights related to intellectual property:
1. “Protection of exclusive rights shall be conducted by means provided by Article 14 of present Code. Protection
of exclusive rights may be conducted also by:1) confiscation of material objects with the aid of whic h exclusive rights are viol ated and material objects
created as the result of such violation;2) compulsory publication about a breach committed, wi th an inclusion therein of information about to
whom the right breached belong;
3) other means provided by statue.
2. In case of breach of contracts on the use of results of intellectual activity and of means of individualization the
general rules on liability for breach of obligations (Chapter 26) shall be applied.”
The Art.2 CPC stipulates “… the right of an interested person to apply to the court to protect his rights, freedoms,and  lawful  interests.
In cases provided by this Code and other laws for the protection of the rights, freedoms, and  lawful  interests of
other persons may stand up the persons having legal standing to assert such rights.”The Art.97 CPC stipulates the grounds for securing the claim:“1. The court with application of the person participating in the case, shall take measures to ensure the claim in the
event if the failing of such measures might make the execution of legal act impossible or difficult. Security for a
claim  shall be permitted at any stage of legal proceedings.
2. The application document shall be considered on  the day it was received and the judgement shall be
pronounced.”WT/ACC/ARM/13
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Enforcement Citation to appropriate law or laws
The Art.98 no.1 and 2  CPC states the measures for securing the claim which shall include:
1) “arresting defendant’s property or the funds in the amount specified by the claim:
2) banning the defendant  from doing certain actions;
3) banning  other individuals from taking certain actions pertaining to the subject of the dispute;
4) canceling the sale of property in the event if a claim is filed to lift the arrest of the property.
2. If it is required, the court has a right to take several      measures for securing the claim.”
The Art.99 CPC stipulates that “enforcement of the decisi on pertaining to the security for claim shall be done
without delay, under  the order established by the law of the Republic of Armenia “On Compulsory Execution ofLegal Acts”.The Art. 102 CPC states that the court may, having taken the measures for securing the claim, order the plaintiff to
provide the security to cover  the defendant  possible damages.
Concerning expeditious remedies the  Art. 53 no.3 (7) CrPC  entitles the prosecutor during administration of theprocedural management inter alia  “ … for implementation of  investigatory    and other procedural actions to receive
immediate assistance from the investigative body.” The same is stated in relation to powers of investigator in theArt.55 no.4 (8) CrPC.In the Art.182 Sec.5 CrPC is stipulated, that “at the same  time, with the initiation of criminal prosecution, measures
must be taken to prevent the crime, as well as to preser ve the traces of the crime, objects and documents, which can
be significant for the case.”There are also regulations concerning  enforcement in the Armenian laws on the intellectual property and in the CC(Division 10 “Intellectual property”).Concerning copyright and neighbouring rights:ALCNR: The Art.42.”Violation of Copyright and Neighbouring Rights”;
The Art.43. ”Protection of Copyright and Neighbouring Rights”;
The Art.44. “Security Measures of the Claim on  Infringement of Copyright and Neighbouring Rights”;CC: The Art.1137. “Liability for Unlawful Use of the Work Without a Contract”.Concerning patent rights:ALP: The Art.17. “Infringement of Patent”;CC: The Art.1155. “Liability for Infringement of Patent.”.
Concerning trade marks rights:
ALTSMAO: The Art.46. “Responsibility for Unlawful Use of Trade Mark and Appellations of Origin”;CC: The Art.1178. “Liability for Infringing the Right to a Trademark”.Concerning  rights to undisclosed information:CC: The Art. 1165.”Liability for illegal use of the undisclosed information”.
Concerning rights to topographies  and integrated circuits:
ALLPTIC: The Art. 11. “Protection of rights on topography”.WT/ACC/ARM/13
Page 35Enforcement Citation to appropriate law or laws
2. Provide enforcement procedures that
are fair and   equitable and are notunnecessarily complicated   or costlyand do not entail unreasonable time-limits or unwarranted delays. Article41.2Concerning the TRIPS requirement on enforcement procedur es being fair and equitable, the Art.5 CPC stipulates,
that justice on civil cases is exercised according to principles of equality before court and law for citizens and legalpersons.The Art. 29 no.4 CPC states, that the parties have equal proceeding rights and take eq ual proceedings obligations.
The Art.242 no.2 CPC states, that foreign persons shall en joy in the RA proceeding ri ghts and bear the obligations
equally with citizens of the RA.
Concerning  procedures costs,  the Art.69 no.1 CPC stipulates , that the claim cost is defined  in the cases of distress
money recourses, from the amount of distressed  sum, and in the cases of property requirement, from the property’smarket price.Claim cost includes also sums of penalty (fine) mentioned in the claim.According to the Art.9 (a) of the Law on Fee and Duties of 19 July 1996, fee for filing the claim are approximately
2% of the claim cost.
In respect of  terms, the Art.111 CPC states, that“A case shall be examined and judgement pronounced within two months after the court admits the claim.
Short- terms for examination and decision making of the cases may be provided in this legislation and other laws.”
3. Provide decisions on  the merits based
upon the   evidence presented in the case
to the parties,   preferably in writing
with the reasons explained.   Article41.3.These requirements are met.
The Art.130 no.3 CPC stipulates, that  “the court judgement shall be legal and well-founded. The court shall justify
the judgement only on the bases of the evidence investigated during the court session.”
 The Art.138 CPC states, that immediately after the making  the decision  the chairman shall pronounce  the finalpart of the judgement  and announces the time when the persons participating in the case may acquaint themselveswith the original of the judgement. The final part of the judgement must be signed by judge.The Art. 139 CPC stipulates, that immediately after compiling the court judgement it should  be send  by the
properly way to the persons participating in the case,
and the Art.145 CPC provides for court decision on the merits sending to them in the period of three days.The Art 28 no.1 (3) CPC states, that the participating person s inter alia have the right to present  the evidence and to
take part in their investigation.According to the Art.122 CPC, “when examining a case the court shall investigate the evidence  of the case,  directlyacquaint itself  with the written evidence, examine material evidence , hear expert findings, explanations of persons
participating in the case and testimony of the witnesses.”WT/ACC/ARM/13
Page 36
Enforcement Citation to appropriate law or laws
4. Provide for appeals to judicial bodies of
final   administrative decisions and of atleast the legal   aspects of initial judicialdecisions on the meri t s    o f  a  c a s e .
Article 41.4.The Armenian legislation provide for appeals to judicial bodies of final administrative decisions.
The Art.13 no.3 CC states that “ protection of civil law righ ts by an administrative procedure shall be conducted only
in cases provided for by statute. A decision adopted by an administrative procedure may be appealed in the court.”
The Articles 159-163 CPC stipulate the main provisions regulating conduct of cases on disputing the actions (inaction)or on invalidation the acts contradicting the Law, issued by the State Governing bodies, local self-governing bodiesand their officials.
The Art.205 CPC stipulates that “decisions of the court of first  instance which have  not came into legal force are
subject to appeal by the persons participating in the case as well as by the persons not participating in the case if thedecision relates their rights and duties.”The Art. 222 CPC provides for reconsideration of the  decisions of the first instance courts and appeal court, whichhave came into legal force.
The Armenian Laws on the protection of intellectual prope rty provide for judicial reco nsideration of the decisions
given by the Appeals Board of the Armenian Patent Office.The Art. 30 Sec. 4 ALP stipulates, that any party disagreeing with the decision given by  the Appeals Board, may,within a period of 6 months as from the date of the decision, apply to the court.The similar provisions are stipulated in the Articles 28 (for trade mark) and 42 (for appellations of origin) ALTSMAO.The Art. 14.ALTN states, that  the settlement of disputes on registration and use of trade names shall be solved in the
court.
The Art. 11 ALLPTIC states, that the creator of a topography or any other right holder may request:recognition of his rights. The procedure for official registration (including the provisions related to the right on appealsto judicial bodies of final   administrative decisions) will be elaborated by Armenian Patent Officeby October 1999.The Art.21. CrPC stipulates, that cassation appeal agains t the acquittal court decision or the court decision on
termination of the case or on suspension of the criminal pr osecution, which have came into legal force, may be brought
within 6 months after their coming into legal force.
Civil and Administrative Procedures and
Remedies
5. Provide a procedure that allows
plaintiffs to bring   an action forinfringement; requires that   defendantsbe notified; permits both side to
present evidence in support of their
position; and   protects confidentialinformation. Article 42These  requirements of the Art.42. TRIPs are fulfilled in the relevant legislstion.
The Art.2. CPC provides for the right to apply to the court.The Art. 43 Sec. 2. ALCNR states, that in the case when the requirements of the copyright and neighbouring rightsholders are not satisfied, their rights are subject to be protected in the court.
The Art. 44.ALCNR deals with security measures of the claim on infringement of such rights: “The court or the
judge may, upon request of the case participants or by own discretion, order claim security measures to prohibit fromperforming certain acts, to seize all allegedly counterfeit copies of works and phonograms, as well as materials andequipment intended for crea tion and reproduction thereof.WT/ACC/ARM/13
Page 37Enforcement Citation to appropriate law or laws
Where sufficient evidence has been gathered to prove infringement of copyright or neighbouring rights and liability
for criminal sanction, the authorized law enforcement bodies shall be obliged, pending the outcome of a civilproceeding in progress or likely to be inst ituted, to take measures, in the form of seizure of all allegedly counterfeit
copies of the works or phonograms, as well as of materials and equipment intended for production and reproductionthereof and, where appropriate, in the form of forfeiture and custodianship.”According to the Art.33. ALP “The courts shall be competent to hear disputes arising from the application of this
Law with respect to:…
(c) the identification of the patent owner;(d) infringements of the exclusive exploitation right or of other economic rights of the inventor or creator
deriving from the patent;
(e)   the conclusion and execution of license contracts for the use of an invention, utility model or industrial
design;
(f) the right of prior user;(g) the remuneration to be paid by an employer to the inventor or creator and all other relationships between
them;
(h) payment of any compensation under this Law;(i)    other matters relating to rights deriving from a patent.”
Similar provisions exist in the Art.14 ALTN,
The Art.11. ALLPTIC, the Art.46. ALTSMAO.The Art.93.CPC contains provisions concerning sending the application and copies of enclosed documents to thedefendant.The Art. 39 Sec 1 CPC states: “Citizens may conduct their cases personally or through the representative. Citizen’s
participation in the case doesn’t deprive him from the right to have a representative.”
The Art. 40. CPC states: “Any person who has an appropriately legalized authorization to conduct cases may be
representative in the court.”The Art. 118. CPC states: “1.The plaintiff or defendant has a right to apply to the court with a request to resolve thedispute in his absence on the base of submitted documents and materials.2. Absence of the defendant, duly notified about time and place of the court session, shall not be an obstacle for the
case examination.”
The Art. 28. CPC states, that: “participants have the right:
1) to acquaint with the materials of the case, to make excerpts and obtain copies of them;
2) to declare the challenges;
3) to present the evidence and participate in its investigation;
4) to ask questions, to make requests, to give the explanations to the court;
5) to present an argument for all questions arising during the trial;
6) to object to the requests and argument of other participant of the trial;WT/ACC/ARM/13
Page 38
Enforcement Citation to appropriate law or laws
7) to appeal the judicial acts;
8) to enjoy the other procedural right s prescribed them by this Code.
2. Persons participating in the case bear the procedural obligations defined by the Law.
3. Persons participating in the case shall enjoy their pr ocedural rights and perform their procedural obligations
fairly.”
The Art. 8. Sec. 2 CPC contains provisions concerni ng the protection of confidential information, namely:
“Trial in camera is held in cases and in the manner prescribed by the law, as well as in cases… when the request on
necessity to protect the trade and other secrets is satisfied by the court"
6. Authorize judges to order production of
evidence   necessary to substantiate a
party's claims where   that party hasbeen unable to obtain  such   evidence
from the opposing party. Article 43.1.The Art. 49. CPC states:
“1. The persons participating in the case shall present the evidence.2. The person participating in the case who is unable to obtain the necessary evidence by himself/ herself from theperson who is a party or not to the case, and who is withholding it, has a right to address a request to the court forobtaining this evidence. The evidence and  the circumstances which are significant for the case and may be
acknowledged by the evidence, as well as the location of the latter, if it is known.
3. As a result of examining the request the court shall make the decision.4. The decision on claiming the evidence shall be executed without delay under the regulations established by theLaw of RA “On Compulsory Execution of Legal Acts”.”In respect of ensuring the protection of confidential information see  the reply to the previous Requirement 5.WT/ACC/ARM/13
Page 39Enforcement Citation to appropriate law or laws
7. Authorize judges to enjoin a defendant,
except   the government, from infringingintellectual   prop erty rights. Article
44.1.The Art. 14. CC stipulates, that “the protection of the civil rights inter alia is exercised by
2. reinstating the situation that existed before the violation of the right;3. cessation of the acts that infringe or are liable to infringe the rights;…13. other means provided by statute.”The Art. 11. Sec. 3. ALP stipulates, that “Any manufacture, use, importing, storing, offering for sale or sale ofgoods using the patented solution, or any other placing on the market, or the use of the patented process carried out
without the authorization of the patent owner shall constitute infringements of the latter's exclusive right.”
The Art.17 ALP provides, that “Any natural or legal person who uses industrial property subject matter protected bya patent in a manner contrary to this Law shall be deemed to infringe the patent.At the request of the patent owner or of an exclusive licensee, an order shall be issued that infringement of thepatent shall cease and that the natural or legal person committing the infringement shall compensate the patent
owner for the damages sustained in accordance with the legislation of the Republic of Armenia.”
The similar provisions concerning the authorization of judges to enjoin a defendant from infringing IPR areincluded in the:Art. 4. Sec. 3, Art. 46. Sections. 2, 3 (a), Art. 45 (a), (c) of the ALTSMAO;Art. 7. Sec. 5 (b), Art. 11. Sec. 2 (b) of the ALLPTIC;Art. 42. Sec. 3, Art. 43. (b) of the ALCNR;
Art. 10. Sec. 1, Art. 11. Sec. 2 (second sentence), Art. 14
of the ALTN.As regards to the second sentence of the Art.44.1 of the TRIPs, the Armenian legislation provides this  requirementin respect of undisclosed information and integrated circuits.So, the Art. 1165 Sections 2, 3 CC provides, that:“2. If a person who is illegally using undisclosed information has received it from a person who did not have the
right to distribute it, of which the acquirer did not know and should not have known (a good-faith acquirer), the
lawful possessor of the undisclosed information has the right to demand from it compensation for damages causedfor use of the undisclosed information after the good-faith acquirer learned that it use was illegal.3. A person lawfully having undisclosed information has the right to demand from a person who is illegally using itthe immediate cessation of its use. However, a court,  taking into account the funds expended by a good-faith
acquirer of undisclosed information toward its use, may permit its further use on the condition of compensated
nonexclusive license.”
(See also the Art. 9 Sec.1 (a) ALLLPTIC in the reply to the Requirement 2 related to the  Layout-Designs ofIntegrated Circuits).From these provisions it can be concluded that the requirements of the Art.44.1 of the TRIPs are met.WT/ACC/ARM/13
Page 40
Enforcement Citation to appropriate law or laws
8. Authorize judges to  order the payment
of  monetary damages adequate tocompensate for  the injury done by theinfringement. Article 45.1The Art.17 (1) CC provides for compensation for the injury stating, that:
“A person whose right has been violated may demand full compensation for the damages caused to him unlessstatute or contract provides for compensation for damages in a lesser amount.”According to this provision an obligation to compensate for the injury extents to any infringer, independentlywhether he knowingly or not engaged in infringing activity (except the cases mentioned above in respect ofundisclosed information and integrated circuits).
The Art.17 Sec.2. ALP, the Art. 11(b) ALLPTIC, the Art. 43 (d), the Art. 46. Sections.2 and 3(a)ALCNR also
provide for compensation for damages.
9. Authorize judges to  order infringer to
pay right   holders enforcement costsand recovery of profits   and/orstatutory damages. Article 45.2.The Art. 17 (2) CC states, that:
“Damages means the expenses that the person whose right wa s violated made or must make to reinstate the right that
was violated, the loss of or injury to his property (actua l damage), and also profits not received that this person
would have received under the usual conditions of civil commerce if his right had not been violated (forgonebenefit).”
From this wording it should be assumed, that the mentioned expenses may include appropriate attorney’s fees.
( In respect of awareness see also the previous reply)
10. Authorize additional remedies including
seizure   of infringing goods, and thematerials and   implements thepredominant use of which isinfringement. Article 46.As it mentioned above, the Art. 1110 CC amongst other means of  protection of exclusive rights related to
intellectual property provides:“cessation of the acts that infringe or are liable to infringe the rights” and
“confiscation of material objects with the aid of which excl usive rights are violated an d material objects created as
the result of such violation”.
The Art. 1178  CC states:
“…2. A person who is unlawfully using a trade mark is indebted to destroy reproductions of the trade mark that havebeen prepared, to remove from the goods or their packagi ng an illegally used trade mark or a sign resembling  it to
the extent of confusion.3. In the case of the impossibility of fulfilling the requirements established by Paragraph 2 of the present Article,the respective goods are subject to destruction.”
Responsibility and consequences of an unlawful use of different objects of intellectual property are provided for in
the Articles 43 (c) and  44 Sec. (1) ALCNR,the Art. 15 Sec. 2. ALTN,the Art. 11 (2) ALLPTIC.Amendments to the ALTSMAO and CC will be made to provide for full compliance with the wording of the Art.46.
TRIPS.WT/ACC/ARM/13
Page 41Enforcement Citation to appropriate law or laws
11. Authorize indemnification of defendant,
including attorneys' fees in the event of
abuse by   plaintiffs. Article 48.1.The Art. 129. CPC states, that:
“ In the case if the court refuses an obviously unfounded claim, the defendant has a right to file a claim against theplaintiff to   the same court with a demand to compensate the damages caused him.”In respect to the attorney’s fee see the reply to the Requirement 9. of  Enforcement .
12. Exempt public authorities and officials
from   liability in connection with theadministration of   intellectual property
laws only where the actions   are taken
or intended in good faith within thescope of the relevant authority. Article48.2.The Art.160 (4) CPC states, that:
“the court shall refuse the acceptance of the request,  if  the court judgement entered into legal force and which
confirmed the compliance of the act, issued by the state governing bodies, local self- governing bodies and their
officials to the law. In this case the compliance of the of the act issued by the mentioned bodies and their officials to
the law may be again contested by the other citizens or legal entities only for the part which was not been the subjectmatter of the judicial inspection.”The wording of this TRIPs requirement  will be included in the draft Customs Code.
13. Ensure that administrative remedies
conform to  the principles in thepreceding Articles . Article   49.This requirement is met in Armenian legislation.
The Art. 1.CC inter alia stipulates that:“the civil law norms contained in other statutes  shall be in accordance with the present Code.”
The Art. 1 Sec. 2. CPC also states, that:
“the civil procedure norms contained in other statutes sh all be in accordance with the present Code. In the case of
contradicting, the norms of the present Code shall be applied.”
Provisional Measures
14. Authorize judges to grant temporary
restraining   orders and provisional
relief to prevent   infringement and to
preserve evidence. Article   50.1.See the Articles 97, 98, 49 CPC (in the replies to the  General Requirements 1 and 6 on Enforcement)
The Art. 65 (1) CPC states:
“1.The persons who have grounds to suspect that presenting of necessary evidence might be impossible or difficult
are entitled to file a request  for securing th e evidence to the court adopted the claim.”
Hence, it may be concluded that this TRIPs requirement is partly met.Amendments to the CPC will be made to provide for full compliance with the wording of the Art.50.1. TRIPs.
15. Authorize judges to require the
complaining   party to indemnify thedefending party against   harm if the
decision on the merits finds the
provisional relief unj ustified. Article
50.3.The Art. 48. CPC states, that:
“Any participant of the case shall prove the circumstances that are the grounds of his claims and objections.”See also the Articles 49, 102 CPC (in the replies to the  General Requirements 1 and 6 on Enforcement)WT/ACC/ARM/13
Page 42
Enforcement Citation to appropriate law or laws
16. Provide for notice, for formal action by
the plaintiff after temporary restrainingorders, etc.   Article 50.4+.The Art.99 CPC provides that provisional measures for securing the claim shall be done without delay.
The Art. 95 CPC states, that:“Before the examination of the case the defendant has a right to  send to the court or other persons participating in the
case a reply related to the claim, enclosing documents justifying his objections to the claim.”The Art. 96 CPC provides, that:“Before the pronouncing of the judgement on the case the defendant has a right to file a counter-claim against
plaintiff, for the jointly examining with the initial claim.”
The Articles 100 and 101 CPC regulate the actions that can be assumed as “review”:The Art. 100 CPC stipulates, that “ on the request of the  person participating in the case the court has a right tosubstitute one claim securing measure by another.”The Art. 101 CPC stipulates, that “on the request of the  person participating in the case the court has a right to
cancel the claim security .”WT/ACC/ARM/13
Page 43Enforcement Citation to appropriate law or laws
Border Measures Special requirements related to the border measures are provided in the Section 14 of the Draft Customs Code
(DCC), which is in compliance with the Articles 51-60 of the TRIPs
17. Provide for suspension of release by
customs   authorities of goods suspectedof bearing a   counterfeit trademark orof being a piratical   copyrighted work,either at the request of a right   holder.
Members are authorized to extend such
protection to holders  of other forms of
intellectual property. Article 51The Art. 271 DCC states, that:
“1. The intellectual property right holder, who has valid grounds to suspect that through the territory of the RA maybe conveyed the goods infringing his intellectual property rights may lodge an application with the CustomsDepartment of the RA, for the  registration of  an intellectual property object and for the suspension of the  releaseinto free  circulation   of such goods.
The materials and implements which are specifically designed or adapted for the use in creation of the goods
infringing the IPR shall  be treated as goods infringing the IPR.2. The provisions of this Section shall not apply:
a) to goods in transit or to goods of a non-commercial nature contained in travellers' personal luggage within
the limits laid down in respect of relief from the customs duty. Nevertheless, in the reliable intelligencebased cases the customs authorities are entitled to subject the goods of a non-commercial nature contained
in travellers' personal luggage to a selective control;
b) on border with the country with which the RA forms a part of a customs union and has dismantled
substantially all controls over movement of goods across that border.”WT/ACC/ARM/13
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Enforcement Citation to appropriate law or laws
18. Require right holders initiating border
measures   to provide evidence of aprima facie infringement   and adescription of the goods sufficient forcustoms authorities to recognize them.
The right   holder must be notified
within a reasonable time   is action will
be taken on his behalf. Article 52The items 3 and 4 of the Art. 271 DCC stipulate, that:
“3. The request (application) should include:
a) sufficiently detailed description of the goods to  enable the customs authorities to recognize them;
b) the grounds, proving  the applicant’s rights for the goods in question.c) the length of the period during which the Customs bodies are requested to take an assistance action;d) the applicant’s undertaking to indemnify the costs of the Customs body related to the suspension of the
release of the goods, as well as, the possible costs and damages of the person entitled to dispose
(defendant), when in consequence the substantive decision has not established that the goods  infringe theIPR;
e) the applicant’s undertaking to secure the above mentioned undertaking with the security or other
equivalent assurance in amount  prescribed by the Customs body.
The  right holder must also provide all other pertinent information available to him to enable the Customs bodies to
take a decision in full knowledge of the submitted facts without, however, that information being a condition ofadmissibility of the application.4. The application of the right holder  may be of specific or general nature.The specific application is submitted in the case, when  the applicant is aware of  an impending arrival (or departure)of  specific infringing goods or of  a being them at the certain customs and  expects an urgent assistance from the
Customs bodies. In the other cases the general application is submitted.
The application of the right holder remains in force for 2 years from the day of submitting, unless a shorter period forassistance action has been requested or it is revoked beforehand by the right owner.The right owner shall be obliged to inform the Customs Department of the RA when his right to an object ofintellectual property ceases to be valid for any reason whatsoever.”The item 3 of the Art. 272 DCC stipulates, that:
“3. The Customs Department of the RA dealing with an application shall forthwith notify the applicant and the
relevant customs authorities in writing of its decision. Where the application is granted, the Customs Department ofthe RA shall specify the period, during which the customs authorities shall take an appropriate action. That periodmay, upon request of the right owner, be extended by the Customs Department of the RA. Any refusal to grant anapplication should be motivated and may form a subject of a judicial appeal.”WT/ACC/ARM/13
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19. Authorize authorit ies to require the
right holder   requesting bordermeasures to post a bond   sufficient toprotect the defendant and to preventabuse. Article 53The Art. 275 DCC states, that:
“1. Within a three days period after being informed about prevention of release of goods the right holder is obliged toprovide his undertaking to secure the costs of the Customs body related to the suspension of the  release of thegoods, as well as, the possible costs and damages of the person entitled to dispose (defendant), with the security orother equivalent assurance in amount  prescribed by the Customs body. The above amount is determined by anofficer of the Customs Body, who has made a decision on prevention of release of goods, and shall be 5% of the
customs value of the goods.
2. The procedure of indemnity the costs and damages specified in this article is established by the CustomsDepartment of the RA.”
20. Requires prompt notification of the
right holder   and the importer whenaction under Article 51 is   taken. Article54The item 3 of the Art.274 DCC stipulates, that:
“3. No later than the next working day after making the decision on prevention, the Customs Body shall inform thetransporter about the reasons for prevention, as well as notify him the name and address of the right holder, andinform the latter the name and address of the transporter.
In the mentioned notification the Customs body shall also specify  the customs value of the goods liable to
suspension and the amount of the security or other equivalent assurance mentioned in the Article 271.”
21. Requires that customs authorities be
notified   within a maximum of 20 daysof the receipt of   notice that proceedings
on the merits have begun   or thesuspension is to be revoked. Article 55The item 2 of the Art. 274 DCC stipulates, that:
“The decision on prevention of release of goods shall be made by the Chief of the Customs Body or his substitute for10 days, with an opportunity to extend this period by no more than 20 days in future.”Moreover, the Art. 277 DCC states, that:“If, within the period of effectiveness of the decision on the prevention of the release of goods, the right holder
applies with a request for canceling the decision on the prevention and/or excluding the intellectual property object
from the register of the RA Customs Department, or when he does not provide his undertaking specified in theArticle 275 of this Code within the established time and amount, the decision on prevention of the release is subjectto abolition, and the goods shall be subjected to the form alities and released according to the procedure established
by this Code.Where the prevention of the release of the goods is c ontinued in accordance with a pr ovisional judicial measure,
upon request of the defendant, that measure shall be revoked or otherwise cease to have an effect, if proceedings
leading to a decision on the merits of the case are not initiated within 20 working days or 31 calendar days(whichever is the longer).”WT/ACC/ARM/13
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Enforcement Citation to appropriate law or laws
22. Authorities must be authorized to
require the   right holder to compensatethe importer or owner   of the goodssubject to border measures if goodswere wrongfully detained or ifproceedings   leadin g to a decision on
the merits are not begun   within the
allotted time. Article 56The determination of the amount of any compensation mentioned in the Art. 56 of the TRIPs is provided to
implement by means of an appropriate judicial procedure and this TRIPs requirement is implied from theArt. 17 CC (see the replies to the Requirement 8,9 on Enforcement).
23. Right holders must be allowed to inspect
the   detained goods in order tosubstantiate the righ t   holder's claims.
Importers must be given similarauthority. Members may give the right
holder   the names and addresses of
those involved in the   importation wheninfringement is found to exist.   Article57.The Art. 276 DCC stipulates:
“1. Without prejudice to the requirements of the legislatio n concerning the state, official, trade and other secrecy
protected by the law, the Customs Body has the right to  provide the right holder and the transporter with an
information necessary to solve the problem of the intellectual property right protection.
2. The mentioned information shall not be passed by the right holder and by the transporter to the third persons and
shall be used exclusively for the purpose it has been provided for.
3. Due to the Customs Body’s permission and in the presence of the Customs officer the right holder and thetransporter have the right to take specimens and samples of the goods, the release of which is prevented, as well as toinspect them.”
24. Establishes the conditions that must be
in place if   customs authorities areauthorized to act ex   officio, including
the ability to ask the right   holder for
information at any time; therequirement to no tify the importer
promptly of   the suspension; and therequirement that public   officials beliable if they act in bad faith. Article   58In the Draft Customs Code the customs authorities are not authorized to act ex officio.WT/ACC/ARM/13
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25. Competent authorities must be able to
order   destruction or disposal otherthan by re-export of   infringing goodswhere appropriate. Article 59The Art. 278 DCC states:
“Where no opposition to the suspension is made by the  person entitled to dispose within 10 working days of serviceof the notification under the Article 274, the Customs bodies shall order confiscation of the suspended goods(without the necessity of obtaining a prior judicial or administrative decisionWhere in judicial or administrative proceedings or in any ot her settlement it is determined that the goods are liable to
forfeiture as prohibited goods, or they include an intellectual property object, as a result of which the right holder's
rights are infringed, the Customs Body shall have power to dispose of them in the following manner unless
otherwise instructed by the judicial decision:
a) by destruction under official supervision;
b) to dispose in other manner, provided that such manner does not assume the usage of normal commercial
channels and does not infringe the right holder's rights.
Nevertheless, in the case of goods infringing the rights in regard to trademarks, the Customs bodies shall, only in
exceptional cases:
a) allow the re-exportation of the infringing goods in an unaltered state or subject them to a different customs
procedure,
b) or permit release of the goods into the channels of commerce via simple removal of the trademark
unlawfully affixed.
The Customs bodies and their officials shall not be liable for appropriate remedial measures where their actions are
taken or intended in good faith only.”
26. Members are authori zed to except from
border measures small quantities ofinfringing goods of   a non-commercialnature carried in personal  luggage orshipped in small consignments. Article
60See the item 2 (a) of the Art. 271 DCC in the reply to the Requirement 17 on Enforcement (Border Measures).
Criminal Procedures
27. Provide criminal procedures and
penalties, sufficient to act as a deterrent,
for  willful   trademark counterfeiting orcopyright piracy on  a commercial scale.
Authorizes extension of criminal actionsto other forms of intellectual propertywhere infringements are willful and on a
commercial scale. Article 61.Draft Criminal Code of the RA (DrCrC) provides for penalties to be applied in the cases of infringement of the
intellectual property rights.
Besides the Articles, mentioned in the reply to the Requirement 31on General Obligations,the Art.160 DrCrC stipulates sanctions against infringement in respect of the copyright and neighbouring rights,the Art. 161 DrCrC-  patent rights (inventions, utility models and industrial design),the Art. 204 DrCrC-illegal use of  commercial and banking secrets,the Art. 215 DrCrC-deception of the consumers.
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