WORLD TRADE
ORGANIZATIONIP/N/1/EST/1
5 September 2000
(00-3451)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
ESTONIA
By means of communications from its Permanent Mission dated 3, 6, 7, 8 and 9 March 2000
and 14 August 2000, the following notification has been received from Estonia under Article 63.2 of
the Agreement.
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Pursuant to Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights and the procedures set forth by the TRIPS Council, the Republic of Estonia is pleased to notify
the Council for Trade-Related Aspects of Intellectual Property Rights on laws and regulations related
to the activities covered by the Agreement, as follows:
- The "main laws and regulations" are submitted in the original language and in an
unofficial English translation and are listed in Annex I.
- "Other laws and regulations" are submitted in the original language and are listed in
Annex II.
- Answers to the Checklist of Issues on Enforcement.1
                                                     
1 See document IP/N/6/EST/1.IP/N/1/EST/1
Page 2
ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
- Copyright Act2
(Adopted on 11 November 1992;  last amendment 22 February 1999.)
- Trademark Act3
(Adopted on 27 August 1992;  last amendment 17 December 1997.)
- Industrial Design Protection Act4
(Adopted on 18 November 1997;  last amendment 25 November 1998.)
- Patent Act5
(Adopted on 16 March 1994;  last amendment 25 November 1998.)
- Utility Model Act6
(Adopted on 16 March 1994;  last amendment 9 February 2000.)
- Layout-Design of Integrated Circuits Protection Act7
(Adopted on 25 November 1998 and in force since 16 March 1999.)
- Competition Act8
(Adopted on 11 March 1998 and in force since 1 October 1998.)
- Customs Act9
(Adopted on 17 December 1997 and in force since 19 January 1998.  Last amendment
13 October 1999, in force since 31 October 1999.)
- Plant Variety Rights Act10
(Adopted on 25 March 1998;  last amendment 19 January 2000.)
                                                     
2 See document IP/N/1/EST/C/1.
3 See document IP/N/1/EST/T/1.
4 See document IP/N/1/EST/D/1.
5 See document IP/N/1/EST/P/1.
6 See document IP/N/1/EST/I/1.
7 See document IP/N/1/EST/L/1.
8 See document IP/N/1/EST/O/1.
9 See document IP/N/1/EST/E/1.
10 See document IP/N/1/EST/P/2.IP/N/1/EST/1
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ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright
Accession to the Berne Convention Act
of 18 May 1994.
Accession to the International Convention for the
Protection of Performers, Producers of
Phonograms and Broadcasting Organisations Act
of 9 December 1999.
Accession to the Convention for the Protection of
Producers of Phonograms Against Unauthorized
Duplication of Their Phonograms
of 9 December 1999.
Government Regulation on Approving the
Procedure for Collection and Payment of Levies
to Compensate for the Use of Audiovisual Works
and Sound Recordings of Works
of 26 January 1995.Regulation on blank tape levies and levies on
recording equipment for the implementation of
Sections 26 and 27 of the Copyright Act.
Minister of Culture's Regulation on Approving
the Procedure for Payment of Levies for Authors,
Performers and Producers of Phonograms to
Compensate for the Use of Work or Sound
Recording of a Work by Producers and Importers
of Recording Devices and Devices for Sound and
Video Recordings (Without Recordings)
of 4 September 1996.Introduces the form of certificate to be submitted
to the customs authorities declaring recording
devices and devices for sound and videorecordings (without recordings) to be imported
for free circulation in Estonia.
Minister of Culture's Regulation on Enforcing the
Minimal Rates of Author's Remuneration for
Reproduction of Artistic Works in the Press
of 16 April 1998.Introduces minimal rates of author's remuneration
for reproduction of artistic works in newspapers
and journals to be paid by the publisher.IP/N/1/EST/1
Page 4
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Trademarks
Regulations under the Trademark Act:
- Government Regulation on Establishing
the Trademark Register
of 26 August 1992.
- Government Regulation on Confirming
the Statutes of the Trademark Register
of 10 June 1998.
- The Regulation of the Minister of
Economic Affairs on Confirming the
Requirements of Trademark Application
of 7 April 1998.
- The Regulation of the Minister of
Economic Affairs on Confirming the
Form of Trademark Certificate
of 7 April 1998.
- The Regulation of the Minister of
Economic Affairs on Confirming the
Statutes of the Trademark Gazette
of 15 May 1998.
- The Regulation of the Minister of
Economic Affairs on Establishing the
Files of Trademark Examination
of 15 May 1998.The regulations under the Trademark Act contain
procedural and implementation prescriptions
specifying the prescriptions of the Act.
Criminal Code
of 7 May 1992,
last amendment 16 June 1999.According to paragraph 33 of the Criminal Code
the means and instruments of crime, included
those of illegal trade (contraband) may be
confiscated.  Subject to confiscation are alsoproducts infringing exclusive rights for a
trademark and products marked illegally with a
mark identical or similar to a protected mark.
According to paragraph 283 of the Code, the
infringement of exclusive rights for a trademark
is punishable with a fine or an imprisonment of
two years.IP/N/1/EST/1
Page 5
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Alcohol Act
of 10 February 1999,
last amendment 16 June 1999.Prohibition of counterfeitedly marked beverages.
Prohibited beverages and the means of
production thereof may be confiscated.
Geographical indications
Consumer Protection Act
of 15 December 1993,
last amendment 25 February 1999.Contains prescriptions relating to misleading
information on goods.  Administrative, criminal
or civil liability is available for a deed violating
the prescriptions.
Alcohol Act
of 10 February 1999,last amendment 16 June 1999.Prohibition of counterfeitedly marked beverages.
Prohibited beverages and the means of
production thereof may be confirscated.
Industrial designs
Regulations under the Industrial Design
Protection Act:
- Government Regulation on Establishing
the Industrial Design Register
of 10 June 1998.
- Regulation of the Minister of Economic
Affairs on Confirming the Requirements
of Industrial Design Registration
Application
of 15 May 1998.
- Regulation of the Minister of Economic
Affairs on Confirming the Form of
Industrial Design Certificate
of 7 April 1998.
- Regulation of the Minister of Economic
Affairs on Confirming the Statutes of the
Industrial Design Gazette
of 15 May 1998.
- Regulation of the Minister of Economic
Affairs on Establishing the Files of
Industrial Design Examination
of 15 May 1998.The regulations under the Industrial Design
Protection Act contain procedural and
implementation prescriptions specifying theprescriptions of the Act.IP/N/1/EST/1
Page 6
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Criminal Code
of 7 May 1992,
last amendment 16 June 1999.According to paragraph 33 of the Code the means
and instruments of crime, included those of
illegal trade (contraband) may be confiscated.Subject to confiscation are also products
infringing exclusive rights for an industrial
design.  According to paragraph 283 of the Code
the infringement of exclusive rights for an
industrial design is punishable with a fine or animprisonment of two years.
Patents
Regulations under the Patent Act:
- Government Regulation on Establishing
the Patent Register
of 15 February 1994.
- Government Regulation on Confirming
the Statutes of the Patent Register
of 29 December 1998.
- Regulation of the Minister of Economic
Affairs on Confirming the Requirements
of Patent Application
of 25 November 1998.
- Regulation of the Minister of Economic
Affairs on Confirming the Form of Patent
Certificate
of 25 November 1998.
- Regulation of the Minister of Economic
Affairs on Confirming the Disclosing of
Patent Application
of 25 November 1998.
- Regulation of the Minister of Economic
Affairs on Confirming the Form of Patent
Specification
of 25 November 1998.
- Regulation of the Minister of Economic
Affairs on Confirming the Statutes of the
Patent Gazette
of 29 December 1998.The regulations contain procedural and
implementation prescriptions specifying the
prescriptions of relevant Acts.IP/N/1/EST/1
Page 7
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
- Regulation of the Minister of Economic
Affairs on Establishing the Files of
Patent Examination
of 9 November 1998.
Regulations under the Utility Model Act
- Government Regulation on Establishing
the Utility Model Register
of 15 February 1994.
- Regulation of the Minister of Economic
Affairs on Confirming the Requirements
of Utility Model Registration Application
of 31 December 1996.
Criminal Code
of 7 May 1992,
last amendment 16 June 1999.According to paragraph 33 of the Criminal Code
the means and instruments of crime, included
those of illegal trade (contraband) may be
confiscated.  Subject to confiscation are also
products infringing exclusive rights for aninvention.  According to paragraph 283 of the
Code the infringement of exclusive rights for an
industrial design is punishable with a fine or an
imprisonment of two years.
Plant variety rights
Seed and Plant Propagating Material Act
of 13 May 1998.Main act for seed and propagating material.
Regulation of the Minister of Agriculture on the
Species Eligible for the Listing and Certification
and Registration of Varieties
of 12 March 1999.Implementing act of the Seed and Plant
Propagating Material Act;  describes the
procedure of the official listing of the varietiesaccording species required to.
Regulation of the Minister of Agriculture on the
Categories of Cereal Seed, Packaging, Marketing
and Import of Cereal Seed
of 20 April 1999.Implementing act of the Seed and Plant
Propagating Material Act;   describes the
procedure of packaging, marketing and import of
cereal seed, seed categories.IP/N/1/EST/1
Page 8
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Regulation of the Minister of Agriculture on the
Categories of Fodder Plant Seed, Packaging,
Marketing and Import of Fodder Plant Seed
of 20 April 1999.Implementing act of the Seed and Plant
Propagating Material Act;   describes theprocedure of packaging, marketing and import of
fodder seed, seed categories.
Regulation of the Minister of Agriculture on the
Categories of Seed Potato, Packaging, Marketing
and Import of Seed Potato
of 20 April 1999.Implementing act of the Seed and Plant
Propagating Material Act;   describes the
procedure of the packaging, marketing and
import of seed potato, seed categories.
Regulation of the Minister of Agriculture on the
Categories of Propagative Material of
Ornamental Plants
of 20 April 1999.Implementing act of the Seed and Plant
Propagating Material Act;   describes the
procedure of the packaging, marketing and
import of propagative material of ornamental
plants.
State Fees Act
of 22 October 1997,last amendment 28 September 1999.Main act on State fees established in the Republic
of Estonia.
Union for the Protection of New Plant Varieties
(UPOV) Convention Ratification Act
of 15 March 2000
(Entry into force:  15 April 2000.)Estonia acceded to the UPOV and ratified the
1991 UPOV Convention.
Layout-designs of integrated circuits
Regulation under the Layout-Design of Integrated
Circuit Protection Act:
- Regulation of the Minister of Economic
Affairs on Confirming Implementing
Regulations Derived from the Layout-
Design of Integrated Circuit Protection
Act
of 4 March 1999.The regulation contains procedural and
implementation prescriptions specifying theprescriptions concerning the requirements of
application and the form of certificate of the Act.IP/N/1/EST/1
Page 9
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Criminal Code
of 7 May 1992,
last amendment 16 June 1999.According to paragraph 33 of the Criminal Code
the means and instruments of crime, includedthose of illegal trade (contraband) may be
confiscated.  Subject to confiscation are also
products infringing exclusive rights for a layout-
design.  According to paragraph 283 of the Code
the infringement of exclusive rights for an
industrial design is punishable with a fine or an
imprisonment of two years.
Protection of undisclosed information
Databases Act
of 12 March 1997,
last amendment 20 January 1999.The Act provides for the procedure for
possession, use and disposal of State and local
government databases, for the general principles
of maintenance of databases belonging to theState, local governments and persons in private
law, and for release and use of their data.
State Secrets Act
of 26 January 1999.The Act provides for the basis and procedure for
classification of information as a State secret and
the basis of the procedures for access to and
protection of State secrets in order to guarantee
the security of the Republic of Estonia (national
security).
Industrial Design Protection Act
of 18 November 1997,last amendment 25 November 1998.The Act regulates the legal protection in the
Republic of Estonia of industrial designs created
in the field of industrial design.The Act prescribes that upon refusal to register an
industrial design, the registration application
processing file is closed after expiry of the term
for filing an appeal or, in the case of appeal, after
the end of the appeal proceedings, and ispermanently stored as classified.
Trademark Act
of 27 August 1992,
last amendment 17 December 1997.The Act prohibits generally access to the database
of registration applications and the information
on the processing of registration applications, and
release of information from the database, but alsogives exemptions for this rule.IP/N/1/EST/1
Page 10
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Medicinal Products Act
of 19 December 1995,
last amendment 16 June 1999.The Act makes provisions with respect to
medicinal products, and includes a provision
restricting the disclosure of information.
Layout-Design of Integrated Circuits Protection
Act
of 25 November 1998.The Act prohibits disclosure of information
without the consent of the applicant for
microcircuits topography in certain
circumstances.
Government Regulation on Establishment of the
State Register of Plant Protection Products
of 12 March 1999.The Act includes provisions about restricted
access to the register of plant protection products.
Copyright Act
of 11 November 1992,
last amendment 22 February 1999.The Act is valid to disclosed and undisclosed
information.
Patent Act
of 16 March 1994,last amendment 25 November 1998.The Act prohibits disclosure of information
without the consent of the applicant for the patentin certain circumstances.
Criminal Code
of 7 May 1992,last amendment came into force on 16 June 1999.According to paragraph 282 of the Code the
illegal disclosure of information concerning aninvention or industrial design is punishable with a
fine or imprisonment of a year.
Civil judicial procedures and remedies
Code of Civil Procedure
of 22 April 1998,last amendment 25 February 1999.The Code, together with the subsequent
amendments, establishes the basic procedures for
civil judicial proceedings.
Civil Code
of 12 June 1964,last amendment 11 June 1997.The Civil Code, together with the subsequent
amendments, sets forth the regulations applicable
to disputes relating to compensation of damages.IP/N/1/EST/1
Page 11
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
General Principles of the Civil Code Act
of 28 June 1994,
last amendment 20 January 1999.The Act, together with the subsequent
amendments, contains general rules governingthe acquisition and protection of rights under
civil law.
Copyright Act
of 11 November 1992,last amendment 22 February 1999.The Act, together with the subsequent
amendments, contains provisions on the
protection and enforcement of copyright and
related rights.  The Act sets forth certainadditional remedies applicable in the case of
disputes involving intellectual property right
infringements.  The Act also contains specific
rules on representation of the right holders where
a performing rights society exists.
Trademark Act
of 27 August 1992,last amendment 17 December 1997.
Patent Act
of 16 March 1994,
last amendment 25 November 1998.
Utility Models Act
of 16 March 1994,
last amendment 26 June 1996.
Industrial Design Protection Act
of 18 November 1997,
last amendment 25 November 1998.
Layout-Design of Integrated Circuits Protection
Act
of 25 November 1998.`The laws on industrial property (the Trademarks
Act, the Patents Act, the Utility Models Act and
the Industrial Designs Act, all with the
subsequent amendments, and the Layout-Design
of Integrated Circuits Protection Act) containprovisions on the protection and enforcement of
industrial property rights.  The above laws set
forth pre-court dispute resolution procedures by
the Industrial Property Board of Appeal in
specified cases.Further, the laws on industrial property contain
provisions on certain additional remedies
(injunctions) applicable in cases of infringements
of industrial property rights.
Provisional judicial measures
Code of Civil Procedure
of 22 April 1998,last amendment 25 February 1999.The Code of Civil Procedure, together with the
subsequent amendments, contains provisions on
the main types of judicial measures available
under Estonian law, including any existingprovisional judicial measures.IP/N/1/EST/1
Page 12
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Special requirements related to border
measures
Code of Administrative Offences
of 8 July 1992,last amendment 16 June 1999.The Code establishes a procedure of customs
regulation violations, rules of extra confiscationand destruction.
Criminal Code
of 7 May 1992,last amendment 16 June 1999.The Code establishes procedures of criminal
proceedings.
Code of Criminal Procedure
of 6 January 1961,
last amendment 16 June 1999.The Code establishes procedures for criminal
proceedings.
Copyright Act
of 11 November 1992,
last amendment 22 February 1999.The Act defines the concept of copyright and
pirated copy.
Industrial Design Protection Act
of 18 November 1997,
last amendment 25 November 1998.The Act defines the concept of industrial design
and design holders rights.
Trademark Act
of 27 August 1992,
last amendment 17 December 1997.The Act defines the concept of trademark and
trademark holders rights.
Taxation Act
of 16 December 1993,
last amendment 15 September 1999.The Act stipulates the rules for sharing taxation
information to relevant agencies.
Criminal procedures
Criminal Code
of 7 May 1992,
last amendment 16 June 1999.The Code contains offences and provides
punishments and other means of influence which
shall apply to persons who commit these
offences.IP/N/1/EST/1
Page 13
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Code of Criminal Procedure
of 6 January 1961,
last amendment 16 June 1999.The Code with subsequent amendments
prescribes criminal proceedings in preliminary
investigations and in court of first instance.
Code of Criminal Proceedings of Appeal and
Cassation
of 21 June 1993,last amendment 26 January 1999.The Code regulates criminal proceedings in court
of appeal and in court of cassation.
Other administrative procedures and remedies
Act of Administrative Procedure
of 21 June 1993,last amendment 26 January 1999.The Act prescribes the competence of
administrative court and proceedings in court.
Code of Administrative Offences
of 8 July 1992,
last amendment 16 June 1999.The Code determines administrative offences and
punishment, officials who fix penalties, also
proceedings in administrative cases.
Code of Enforcement Procedure
of 21 June 1993,last amendment 17 February 1999.The Code determines decisions and their
enforcement.
Control of anti-competitive practices incontractual licenses
Government Regulation on Granting Block
Exemptions on Certain Categories of Restrictive
Agreements
of 23 March 1999.The Regulation provides block exemptions for
certain categories of restrictive agreements:1. franchise agreements;
2. exclusive distribution agreements;
3. exclusive purchasing agreements; and
4. motor vehicle distribution and servicing
agreements.
Government Regulation on Granting Block
Exemptions on Technology Transfer Agreements
of 23 November 1999.The Regulation provides block exemptions for
certain categories of technology transfer
agreements.
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