RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/283/Add.2
13 March 2002
(02-1316)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Suriname to the questions posed by the European Communities
and their member States, Switzerland and the United States
Addendum
By means of a communication from the delegation of Suriname, dated 6 March 2002, the
Secretariat has received the following responses to the questions posed by the European Communitiesand their member States, Switzerland and the United States, as circulated in documents IP/C/W/244,
239 and 240, respectively.
_______________
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
1
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
Public health is protected in several laws and regulations.  In general, all nutrition products
that are brought on the market must meet the labeling requirements and must provide for an expiring
date.
F. P ATENTS
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1st January 1995.
Our legislation has not provided for the enhanced patent protection of patents or patent
applications.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
                                                     
1 These responses supplements Suriname's responses to the European Communities and their member
States circulated in document IP/C/W/283.IP/C/W/283/Add.2
Page 2
Our legislation does not provide for special regulation on intellectual property rights
enforcement. The enforcement of intellectual property rights lies with the right holder.  There are
some provisions however, which enable the right ho lder to do so.  (Articles 26-37 of our Copyright
Law, Articles 390, 400, 508, 508a and 520 of our Criminal law Code, Articles 9, 10 and 11 of our
Trademark Law).  All Intellectual Property matters are brought before the High Court.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
All Intellectual Property  matters are  brought before the High Court (Hof van Justitie).
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
There are no special measures to ensure the protection of confidential information.
49. Please quote provisions of your legislati on that authorize judges to order a defendant to
desist from an infringement.
Please refer to our answer to question 46.
50. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury he suffered.
Please refer to our answer to question 46.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
Please refer to our answer to question 46.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
Please refer to our answer to question 46.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
Please refer to our answer to question 46.
54. Please explain how your legislation im plements Article 50 the TRIPS Agreement.
The TRIPS Agreement has not yet been implemented in our legislation.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
Please refer to our answer to question 46.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.IP/C/W/283/Add.2
Page 3
Please refer to our answer to question 46.
57. Please quote what provisions of your legislation authorize the competent authorities to order
the destruction or disposal of infringing goods.
Please refer to our answer to question 46.
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
Our legislation does not provide for a  de minimis  import exception.
59. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
The TRIPS Agreement has not yet been implemented in our legislation.
SWITZERLAND
A. PATENTS
1. In your law, are patents available for all categories of products?  In particular, are all
pharmaceutical products patentable?  Are there any exceptions?  If so please explain in detail what
these exceptions are and how they comply with Article 27 of the TRIPS Agreement.
According to article 3 of our Patent Law, an invention is patentable only if its purpose is the
production of something that is industrially applicable.
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, consider importation as "working a paten t" (and therefore preclude compulsory licensing,
if a product is being imported)?
Our Patent law does not mention importation as "working a patent".  However, in Article 30
of our Patent Law "distributing" is mentioned as a right of the patent right holder, which indicates that
compulsory licensing is possible if a product is being imported.
3. Does your law make compulsory licenses subject to all the conditions enumerated in
Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
Article 34 of our Patent Law provides in compulsory licensing in case of industrial and
national importance.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
Article 43(4)of our Patent Law is based on the prin ciple of the reversal of burden of proof in a
process patent litigation.  Article 43(4) states that, in case of violation of the right of a patent right
holder, the defendant has the burden of proof.
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed and confidential test data
or other data submitted by an applicant to the responsible State agency in the procedure for market
authorisation of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a secondIP/C/W/283/Add.2
Page 4
applicant from relying on, or from referring to the original data of the first applicant, when applying
subsequently for market authorisation for his own product.  Does your legislation provide for
exceptions to this?  If yes, under what conditions would such exceptions apply?  Does your legislation
provide for a defined period of protection for undisclosed information/for such test data of the first
applicant?
Our legislation does not provide for the protection of undisclosed information.
UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most-
favoured-nation treatment are provided to nationals of other WTO Members.
There is no different treatment to nationals of other (WTO Member) states
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright la w of Suriname complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne
Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to the
latter Article under the TRIPS Agreement.
The TRIPS Agreement has not yet been implemented in our Copyright Law.
3. Please explain how the copyright law of Sur iname protects computer programs as literary
works  and complications of data as required by Article 10 of the TRIPS Agreement.
In Article 10 of our Copyright Law is stated that in generally any literary work, scientific or
artistic work, no matter in what form, can be reproduced.  This indicates that computer programs and
databases are also included in the protection of Copyrights.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law
of Suriname.
Our Copyright Law does not provide for a rental right.  
5. Please state the length and terms of protection the copyright law of Suriname provides  for a
work other than a photographic work or a work of applied art and cite to the relevant provision of
law.
According to article 38 of  our Copyright Law the Copyright protection last for 50 years from
the first January from the year following the year of death of the creator of the work.
6. Please describe the protection the copyright law of Suriname provides for performers, and
the term of the protection.
Our Copyright Law does not provide for the protection of neighbouring rights.IP/C/W/283/Add.2
Page 5
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2
requires that producers of phonograms are to have the right to authorize or prohibit the commercial
rental to the public of originals or copies of their phonograms.  Please describe how the copyright
law of Suriname implements these obligatio ns and indicate the term of protection.
Please refer to our answer to question 4.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Suriname.
Any visible sign, capable of distinguishing goods of one or more enterprises from the goods
of another enterprise is capable of being a trademark, as long as they are:
- not identical with or confusingly similar to an already registered mark or a
well known mark;
- not  identical with or not an imitation of or do not contains as an element, an
armorial bearing, flag or other emblem, a name or abbreviation or initials of
the name of or official sign or hallmark adopted by any state,
intergovernmental organization or organization created by an international
convention;
- not contrary to public order or morality (Article 4.3 of our Trademark Law).
9. Please describe the procedure that must be followed to register a trademark in Suriname,
citing the relevant provisions of the law, and descri be the rights that the owner of a registered mark
can exercise.
The application must be filed in duplo.  The application will be examined and the  Registrar
will determine whether it complies with all the requirements of article 4 of our Trademark Law.  If so,
the Registrar must forthwith cause the application, as accepted, to be published in the prescribed
manner (article 5 and 6 of our Trademark Law).  Where the registration of the mark has not been
opposed within a period of nine months or it ha s been opposed but the opposition has been decided on
the applicant’s favor, the Registrar shall register the mark, publish a reference to the registration and
issue to the applicant a certificate of the registration.
10. Please provide the length and terms of protection that the trademark law of Suriname
provides for a trademark.
A trademark protection  in Suriname is granted for a period of ten years.  The use within three
years is required.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Suriname provide for the recognition and protection
of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevantprovisions of law or regulation, and provide examples of geographical indications so protected.
We do not have Law on Geographical Indications.  However, in respect of  the mentioned
article of the trips Agreement, we do consider the refusal of a trademark which gives a misleading
geographical indication.IP/C/W/283/Add.2
Page 6
12. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Ag reement is implemented, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
There is no higher level of protection for wines and spirits implemented in our legislation.
However, we do consider the mentioned article in cases of trademark registration for wines and
spirits.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Suriname, and describe the nature of the protection
provided.
Our legislation does not provide for protection for industrial designs.
14. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the relevant provisions of law or regulation.
Please refer to our answer to question 13.
F. PATENTS
15. Please describe in detail the way in which the patent law of Suriname implements Article 27
of the TRIPS Agreement, indicating any exceptions pr ovided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
Our legislation does not provide for the protection for micro-organisms, non-biological and
micro-biological processes and plant varieties.
16. Please describe in detail the rights provided patent holders under the patent law of Suriname
and cite to the relevant provisions of law.
Our Patent Law provides for a 20-year protection for inventions.  However, it should be noted
that we do not yet examine patent applications.
17. Please describe in detail any provisions in the laws of Suriname permitting unauthorized use
of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which
such use can occur.
Article 32 of our Patent Law provides for rights of a "prior user" and applicants with a prior
claim.  Article 34 of our Patent Law provides for compulsory licensing in case of industrial and
national importance.
18. What term of protection does the patent law of Suriname provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant provisions of
the law.
Please refer to our answer to question 16.IP/C/W/283/Add.2
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G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Suriname, including the term of protection, and cite to the relevant provisions of
law.
Our legislation does not protect layout-designs of integrated circuits.
H. UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Suriname provide for the protection of undisclosed
information as required by Article 39.2 of the TR IPS Agreement and provide citations to the relevant
provisions of law.
Our legislation does not provide for the protection of undisclosed information.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Suriname and cite to the relevant provisions of law.
Our legislation does not provide for the above mentioned.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
Our legislation does not provide for the above mentioned.
I. ENFORCEMENT – G ENERAL OBLIGATIONS , CIVIL AND ADMINISTRATIVE PROCEDURES AND
REMEDIES AND PROVISIONAL MEASURES
23. Please describe in detail the manner in which the laws of Suriname provide for effective
action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS
Agreement.
Enforcement of intellectual property rights lies with the right holder.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production
of evidence necessary to substantiate a party’s claims where that party has been unable to obtain
such evidence from the opposing party.  Please de scribe how the laws or regulations of Suriname
provide this authorization, citing to the relevant provisions of law or regulation.
Our legislation does not provide for special relevant regulations for intellectual property.
25. Please describe in detail the all of the civil remedies that are available to right holders under
the laws of Suriname, citing to the relevant provisions of law or regulation.
In case of infringement the right holder has the possibility to request to the High Court that
the infringer seizes all actions against the rights of the right holder.
26. Please describe in detail the provisional procedures and remedies available to right holders
under the laws of Suriname, citing to the relevant provisions of law and regulation, and indicate any
condition under which a right holder may avail itself of those procedures and remedies.IP/C/W/283/Add.2
Page 8
Article 26-37 of our Copyright Law provides fo r actions against infringement of copyright
materials, such as compensation of the right holder, seizure and or destruction of the materials and
imprisonment of the offender.
J. ENFORCEMENT - SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Suriname that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
Our law does not provide for border enforcement.
28. Please indicate if border enforcement is avai lable to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each form of
intellectual property, citing the relevant provisions of law.
Please refer to our answer to question 27.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio.  Please explain whet her the competent authorities in Suriname are
empowered to act ex officio and, if so, please id entify the intellectual property areas subject to
ex officio action.
Our legislation does not provide for the above mentioned.
K. ENFORCEMENT - CRIMINAL PROCEDURES
30. Please describe in detail how the laws of  Suriname implement Article 61 of the TRIPS
Agreement that requires Members to have criminal  procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark
counterfeiting and copyright infringement on a commercial scale.  Please cite to the relevant
provisions of law and regulation.
Please refer to our answer to question 26.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has
been the commission of the offence.  Please describe the provisions in the laws of Suriname that
provide for such remedies, and describe the circumstances in which those remedies would be
imposed, citing to the relevant provisions of law or regulation.
Please refer to our answer to question 26.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in
cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of
the laws of Suriname that provide for such procedures and remedies, citing to the relevant provisionsof law or regulation.
Please refer to our answer to question 26.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcementIP/C/W/283/Add.2
Page 9
for 2000, including the number of cases filed; injunctions issued; infringing products seized;
infringing equipment seized; cases resolved (i ncluding settlement); and the amount of damages
awarded.
We have no information as mentioned above.
34. Please provide statistical information related to  criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions,
convictions, and the amount of fines and/or jail terms (including whether the fines were paid and
whether the jail term was actually served or was suspended) and any other information establishing
that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
We have no information as mentioned above.
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