. /.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/239/Add.2
30 August 2001
(01-4170)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Follow-up questions posed by Switzerland
Addendum
By means of a communication from the Permanent Delegation of Switzerland, dated
15 August 2001, the Secretariat has received a copy  of the following follow-up questions that
Switzerland has communicated to Brazil, Congo and Papua New Guinea, respectively.
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BRAZIL1
A. P ATENTS
Ad response to question 1:
In your answer, you mention that under Article 10 IX of the Brazilian Industrial Property
Law (Law 9279 of May 14, 1996) all or part of natural living beings and biological materials found in
nature, even if isolated therefrom, including the genome or germoplasm of any natural living being
are not considered to be inventions.  Does this m ean that inventions relating to such subject matter,
even if fulfilling the conditions of patentability, i.e. novelty, inventive step and industrialapplicability, are nevertheless excluded from patentability according to your law?  If so, please
explain how this complies with the obligation of Article 27.1 of the TRIPS Agreement prohibiting
discrimination as regards patentability between different fields of technology.
CONGO
2
A. P ATENTS
Ad response to question 1:
Please confirm that, in accordance with Article 27.1 of the TRIPS Agreement, your
legislation provides that patent rights shall be enjoyable without discrimination as to whether products                                                     
1 Brazil's responses to initial questions posed by Switzerland will be circulated in document
IP/C/W/303.
2 Congo's responses to initial questions posed by Switzerland have been circulated in document
IP/C/W/300.IP/C/W/239/Add.2
Page 2
are imported or locally produced and that importation of patented products shall be taken into account
when determining if the needs of the national market are sufficiently covered.
Ad response to question 4:
Please explain how your legislation implements the conditions set out in Article 31 (a) to (l)
of the TRIPS Agreement.  Please cite the relevant provisions of your law.
B. P ROTECTION OF UNDISCLOSED INFORMATION
Ad response to question 6:
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorisation of a pharmaceutical or of anagricultural chemical product, please explain in detail if the draft amendment will prohibit a second
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.  Will the responsible State Agency require
the same amount of data for market authorisation from the second applicant as from the first
applicant?
PAPUA NEW GUINEA
3
A. P ATENTS
Ad response to question 3:
In your answer you mention that the condition set out in Article 31(e) of the TRIPS
Agreement is not expressly mentioned in your legislation. Does this mean that this provision is
directly applicable in your legislation?
B. P ROTECTION OF UNDISCLOSED INFORMATION
Ad response to question 5:
You mention that there is no legislation governing undisclosed information in your country.
Does this mean that the obligations contained in Article 39 of the TRIPS Agreement are directlyapplicable in your legislation?
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3 Papua New Guinea's responses to initial questions posed by Switzerland have been circulated in
document IP/C/W/292.