RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/219
18 October 2000
(00-4299)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions Posed by the European Communities and their member States
By means of a communication from the Permanent Mission of the European Communities,
dated 12 October 2000, the Secretariat has received copies of the following questions addressed toGuatemala and Kuwait, respectively.
_______________
GUATEMALA
A. G
ENERAL
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for th e protection of the exclusive rights of authors
in relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the
Berne Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings)
and broadcasting organizations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject
matter to which it applies.IP/C/W/219
Page 2
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
C. TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
10. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as
sound, perfumes and containers are protectable.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
12. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
13. Please describe the special requirements, if any, prescribed by your legislation concerning the
use of a trademark.
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
17. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
18. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names
considered as generic in your jurisdiction.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
20. Please explain how your legislation protects ri ght holders of a design against importing of
articles bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.IP/C/W/219
Page 3
F. PATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how theseexclusions are applied in legal as well as practical terms.
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation.  If so, please ex plain the relevant section of your legislation and
explain its formulation.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
28. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation.  Please explain, in this respect, therelevant sections of your legislation.
29. Please explain how your legislation protects patent rightholders against the importing and
against the offering for sale of a patented invention.
30. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
31. Please clarify if the patent protection of a proces s, as provided for in your legislation, covers
the product obtained directly by that process.
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,please point out the relevant legislations and describe the additional conditions in detail.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
34. Please explain whether or not your legislation provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national legislation considers individual merits in the
authorization of such use.
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reas onable period of time. In this context, how do you
define "reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.IP/C/W/219
Page 4
36. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1 January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation
to process patents.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an arti cle incorporating such an integrated circuit that it
contains an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. PROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
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.IP/C/W/219
Page 5
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislati on authorize the competent authorities to order
the destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
KUWAIT
A. GENERAL
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement whichrequires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the
Berne Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings)
and broadcasting organizations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.IP/C/W/219
Page 6
7. Please state the terms of protection of each right described above and the work or subject
matter to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
C. TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
10. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as
sound, perfumes and containers are protectable.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
12. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
13. Please describe the special requirements, if any, prescribed by your legislation concerning the
use of a trademark.
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
17. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
18. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names
considered as generic in your jurisdiction.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
20. Please explain how your legislation protects ri ght holders of a design against importing of
articles bearing embodied or copied design.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.IP/C/W/219
Page 7
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
F. PATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how these
exclusions are applied in legal as well as practical terms.
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation.  If so, please ex plain the relevant section of your legislation and
explain its formulation.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
28. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation.  Please explain, in this respect, the
relevant sections of your legislation.
29. Please explain how your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
30. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
31. Please clarify if the patent protection of a proces s, as provided for in your legislation, covers
the product obtained directly by that process.
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant legislations and describe the additional conditions in detail.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
34. Please explain whether or not your legislation provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  Inparticular, please explain how your national legislation considers individual merits in the
authorization of such use.
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasona ble period of time.  In this context, how do you
define "reasonable period of time".  Please also explain how your legislation ensures that the use of aIP/C/W/219
Page 8
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
36. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection has lapsed.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1 January 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation
to process patents.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies includingintegrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an arti cle incorporating such an integrated circuit that it
contains an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
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.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.IP/C/W/219
Page 9
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.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
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.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please quote what provisions of your legislati on authorize the competent authorities to order
the destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
__________