RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/328
26 November 2001
(01-6035)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by Australia
By means of a communication from the Permanent Mission of Australia, dated
26 November 2001, the Secretariat has received a copy of the following questions that Australia hascommunicated to Antigua and Barbuda, Barbados, Brunei Darussalam, Cuba, Gabon, Ghana, India,
Malaysia, Nigeria, Pakistan, Qatar, Saint Vincent and the Grenadines, Senegal, Sri Lanka, Swaziland,
and Thailand, respectively.
_______________
ANTIGUA AND BARBUDA
A. P
ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
BARBADOS
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
BRUNEI DARUSSALAM
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?IP/C/W/328
Page 2
CUBA
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was itmodelled?  Can new plant varieties be protected by patent in your country?
GABON
A. P
ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
GHANA
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
INDIA
A. C OPYRIGHT AND RELATED RIGHTS
1. What is the current duration of copyright in pho tographs?  With regard to the term "Author's
Life plus 50 years", when was this term enacted?  Was the "Author's Life plus 50 years" term appliedto all photographs currently protected by copyright at the date of force of the amendment?  If so, were
there any schemes or provisions to protect existing contractual arrangements, or mitigate damage to
copyright users for arrangements existing prior to the amendment?
2. Does India grant WPPT standard performers' rights in audio fixations?  If not, is the
introduction of audio performers' rights under active consideration, and if so have any proposals been
released for public comment?  If yes, when were these rights enacted and was there an existing systemof performers' rights (as opposed to Rome Convention anti-bootlegging rights) at that time?  If there
was no existing system of performers’ rights, did the relevant legislation recognise rights in
performances embodied in pre-amendment sound recordings (i.e. retrospectively apply the
legislation)?
3. Has India enacted audio-visual performers' rights (beyond Rome Convention standards)?  If
not, is the introduction of audio-visual performers' rights under active consideration, and if so have
any proposals been released for public comment?
4. To what extent does current copyright protection in India cover the use and dissemination of
copyright works on digital networks such as the Internet?  Are there any specific provisions in
copyright law concerning the digital on-line environment, and are there any significant judicial or
administrative decisions with bearing on this issue?IP/C/W/328
Page 3
5. Are there any specific exceptions to copyright under the law of India to allow use of
copyright materials by third parties for permitted purposes?  Are there any significant judicial
decisions with bearing on this issue?  Are there any specific rules or findings concerning exceptions
or limitations to copyright protection of computer software?
6. Does the law of your country provide copyright protection for material created by
government?  If yes, does the law provide protection to government in the same way as protection is
provided for other copyright creators or do different provisions apply?  How does the law of your
country deal with the use of copyright material by government?  For example, is government subject
to the same requirements as other users of copyright material or do different provisions apply?
7. How does the law of your country deal with the copying of material by educational
institutions? Are educational institutions subject to the same requirements as other users of copyright
material or do different provisions apply?  Are there exceptions to the general rules regarding
infringement of copyright which apply in respect of copying by educational institutions?
8. How does the law of your country implement th e obligations under Article 14.3 of the TRIPS
Agreement in respect of broadcasting organisations?
9. Does the law of your country provide criminal sanctions for copyright infringement?  If yes,
please describe the operation of these provisions.
B. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
10. How does your country provide protection for new plant varieties as required under
Article 27.3(b)? If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
C. P ROTECTION OF UNDISCLOSED INFORMATION
11. Does the law providing for the protection of undisclosed information as required by
Article 39.2 of the TRIPS Agreement apply to govern ment and government-linked agencies?  If not,
to whom does it apply?
MALAYSIA
A. C OPYRIGHT AND RELATED RIGHTS
1. What is the current duration of copyright in pho tographs?  With regard to the term "Author's
Life plus 50 years" when was this term enacted?  Was the "Author's Life plus 50 years" term appliedto all photographs currently protected by copyright at the date of force of the amendment?  If so, were
there any schemes or provisions to protect existing contractual arrangements, or mitigate damage to
copyright users for arrangements existing prior to the amendment?
2. Does Malaysia grant WPPT standard performers' rights in audio fixations?  If not, is the
introduction of audio performers' rights under active consideration, and if so have any proposals been
released for public comment?  If yes, when were these rights enacted and was there an existing system
of performers' rights (as opposed to Rome Convention anti-bootlegging rights) at that time?  If there
was no existing system of performers’ rights, did the relevant legislation recognise rights in
performances embodied in pre-amendment sound recordings (i.e. retrospectively apply thelegislation)?IP/C/W/328
Page 4
3. Has Malaysia enacted audio-visual performers' rights (beyond Rome Convention standards)?
If not, is the introduction of audio-visual performers' rights under active consideration, and if so have
any proposals been released for public comment?
4. To what extent does current copyright protection in Malaysia cover the use and dissemination
of copyright works on digital networks such as the Internet?  Are there any specific provisions in
copyright law concerning the digital on-line environment, and are there any significant judicial or
administrative decisions with bearing on this issue?
5. Are there any specific exceptions to copyright under the law of Malaysia to allow use of
copyright materials by third parties for permitted purposes?  Are there any significant judicial
decisions with bearing on this issue?  Are there any specific rules or findings concerning exceptionsor limitations to copyright protection of computer software?
6. Does the law of your country provide copyright protection for material created by
government?  If yes, does the law provide protection to government in the same way as protection is
provided for other copyright creators or do different provisions apply?.  How does the law of yourcountry deal with the use of copyright material by government?  For example, is government subject
to the same requirements as other users of copyright material or do different provisions apply?
7. How does the law of your country deal with the copying of material by educational
institutions? Are educational institutions subject to the same requirements as other users of copyrightmaterial or do different provisions apply?  Are there exceptions to the general rules regarding
infringement of copyright which apply in respect of copying by educational institutions?
8. How does the law of your country implement th e obligations under Article 14.3 of the TRIPS
Agreement in respect of broadcasting organisations?
9. Does the law of your country provide criminal sanctions for copyright infringement?  If yes,
please describe the operation of these provisions.
B. P
ATENTS (INCLUDING PLANT VARIETY PROTECTION )
10. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation  is base d on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
C. P ROTECTION OF UNDISCLOSED INFORMATION
11. To whom does the law providing for the protection of undisclosed information, as required by
Article 39.2 of the TRIPS Agreement, apply?  Does the relevant law apply to government andgovernment-linked agencies?
NIGERIA
A. P
ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was itmodelled?  Can new plant varieties be protected by patent in your country?IP/C/W/328
Page 5
PAKISTAN
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
QATAR
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
SAINT VINCENT AND THE GRENADINES
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
SENEGAL
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
SRI LANKA
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was itmodelled?  Can new plant varieties be protected by patent in your country?
SWAZILAND
A. P
ATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?IP/C/W/328
Page 6
THAILAND
A. C OPYRIGHT AND RELATED RIGHTS
1. To what extent does current copyright protection in Thailand cover the use and dissemination
of copyright works on digital networks such as the Internet?  Are there any specific provisions in
copyright law concerning the digital on-line environment, and are there any significant judicial or
administrative decisions with bearing on this issue?
2. Are there any specific exceptions to copyright under the law of Thailand to allow use of
copyright materials by third parties for permitted purposes?  Are there any significant judicial
decisions with bearing on this issue?  Are there any specific rules or findings concerning exceptionsor limitations to copyright protection of computer software?
3. Does the law of your country provide copyright protection for material created by
government?  If yes, does the law provide protection to government in the same way as protection is
provided for other copyright creators or do different provisions apply?  How does the law of yourcountry deal with the use of copyright material by government?  For example, is government subject
to the same requirements as other users of copyright material or do different provisions apply?
4. How does the law of your country deal with  the copying of material by educational
institutions?  Are educational institutions subject to the same requirements as other users of copyrightmaterial or do different provisions apply?  Are there exceptions to the general rules regarding
infringement of copyright which apply in respect of copying by educational institutions?
5. How does the law of your country implement th e obligations under Article 14.3 of the TRIPS
Agreement in respect of broadcasting organisations?
6. Does the law of your country provide criminal sanctions for copyright infringement?  If yes,
please describe the operation of these provisions.
B. P
ATENTS (INCLUDING PLANT VARIETY PROTECTION )
7. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was itmodelled?  Can new plant varieties be protected by patent in your country?
C. P
ROTECTION OF UNDISCLOSED INFORMATION
8. To whom does the law providing for the protection of undisclosed information, as required by
Article 39.2 of the TRIPS Agreement, apply?  Does the relevant law apply to government andgovernment-linked agencies?
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