RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/111
30 September 1998
(98-3787)
Council for Trade-Related Aspect
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by Japan
By means of a communication from the Permanent Mission of Japan, dated
15 September 1998, the Secretariat has received the following questions posed by Japan to Ecuador,
Mongolia and Panama.
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ECUADOR
1. Please explain which article of the Copyright Law of Ecuador provides for the protection of
works, phonograms and performances of other WTO Members and which article provides for theexceptions or exemptions from national treatment and most-favoured-nation treatment as permitted in
Articles 3 and 4 of the TRIPS Agreement.
2. Please explain whether the Copyright Law of Ecuador protects computer programs, including
programs in both source code and object code.
3. Please explain whether the following subject matters are patentable:  (1) plants and animals,
and (2) plant and animal varieties.
4. Please explain how the obligation under Ar ticle 34.1 and 34.2 of the TRIPS Agreement
regarding the shift of the burden of proof in civil proceedings for patent infringement related to a
process patent is implemented.
5. Please explain the remedies which the judicial authorities order regarding the infringement of
copyright and related rights, patents, industrial designs, trademarks and layout-designs (topographies)
of integrated circuits, including injunctions, damages, destruction or disposal of infringing goods,
materials or implements for their production.
6. Please explain whether the amount of damages which judicial authorities order the person
who has infringed intellectual property rights to pay the right holder is adequate compensation for the
injury the right holder has suffered, and what criteria and the way for calculation are adopted in order
to decide the amount for compensation.
7. Please explain whether the amount of damages which judicial authorities order the person
who has infringed intellectual property rights to pay the right holder includes investigation expenses
and appropriate attorney's fee.
8. Please describe to what extent the amount of damages has been estimated by courts since
1 January 1996.  Please also explain whether the amount of damages was adequate compensation forthe injury the right holder had suffered, and how such civil procedures were consistent with Article 45
of the TRIPS Agreement.
9. Please explain the kinds and amounts of penalties (imprisonment or fines) in criminal cases.
Please also explain whether these penalties are consistent with Article 61 of the TRIPS Agreementwhich requires provisions for a sufficient deterrent, consistently with the level of penalties applied for
crimes of a corresponding gravity.
MONGOLIA
1. Article 21.1 of the Trademarks, Trade Names Law (1997) provides that profit gained from
sale of goods shall be transferred to state ownership, while it is stipulated that the profits gained from
the unlawful use of trademarks or trade names are attributable to the holder of the trademarks or trade
names.  Does the above-mentioned provision comply with Article 45 of the TRIPS Agreement, where
the provision of Article 21.1 of the Trademarks, Trade Names Law (1997) in fact denies, to the ownerof trademarks or trade names, the opportunity to compensate the damage caused by the unlawful use
of trademarks or trade names?IP/C/W/111
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2. With regard to Article 21.2 of the Trademarks, Trade Names Law (1997), please explain
specifically what kinds of penalties are imposed on a person who has infringed other's trademark or
trade name.
3. With regard to Article 28.2 of the Patent Law (1993), please explain specifically what kinds
of penalties are imposed on a person who has infringed other's patent.
4. With regard to Article 28.3 of the Patent Law (1993), please indicate the criteria for deciding
the amount of compensation which is paid to a patentee who has suffered from the infringement of his
patent.
5. Please explain if Mongolia provides:
(i) judicial procedures for civil remedy for the infringement of intellectual property
rights; and
(ii) border measures against goods infringing intellectual property rights.
6. Please explain whether the following subject matters are patentable: (1) plants and animals,
and (2) plant and animal varieties.
7. Please explain how the obligation under Ar ticle 34.1 and 34.2 of the TRIPS Agreement
regarding the shift of the burden of proof in civil proceedings for patent infringement related to a
process patent is implemented.
8. Please explain the remedies which the judicial authorities order regarding the infringement of
copyright and related rights, patents, industrial designs, trademarks and layout-designs (topographies)of integrated circuits, including injunctions, damages, destruction or disposal of infringing goods,
materials or implements for their production.
9. Please explain whether the amount of damages which judicial authorities order the person
who has infringed intellectual property rights to pa y the right holder is adequate compensation for the
injury the right holder has suffered, and what criteria and the way for calculation are adopted in order
to decide the amount for compensation.
10. Please explain whether the amount of damages which judicial authorities order the person
who has infringed intellectual property rights to pay the right holder includes investigation expenses
and appropriate attorney's fees.
11. Please describe to what extent the amount of damages has been estimated by courts since
1 January 1996.  Please also explain whether the amount of damages was adequate compensation for
the injury the right holder had suffered, and how such civil procedures were consistent with Article 45
of the TRIPS Agreement.
12. Please explain the kinds and amounts of penalties (imprisonment or fines) in criminal cases.
Please also explain whether these penalties are consistent with Article 61 of the TRIPS Agreement
which requires provisions for a sufficient deterrent, consistently with the level of penalties applied for
crimes of a corresponding gravity.
PANAMA
1. Please explain which article of the Copyright Law of Panama provides for the protection of
works, phonograms and performances of other WTO Members and which article provides for theIP/C/W/111
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exceptions or exemptions from national treatment and most-favoured-nation treatment as permitted in
Articles 3 and 4 of the TRIPS Agreement.
2. Please explain whether "computer programs" under  Chapter II of Title IV of the Copyright
Law of Panama, which provides for the protection of computer programs, include programs in both
source code and object code.
3. Please explain whether the producer of phonograms has the rental right of the phonograms
under the Copyright Law of Panama.
4. Please explain whether the following subject matters are patentable:  (1) plants and animals,
and (2) plant and animal varieties.
5. Please explain how the obligation under Ar ticle 34.1 and 34.2 of the TRIPS Agreement
regarding the shift of the burden of proof in civil proceedings for patent infringement related to a
process patent is implemented.
6. Please explain the remedies which the judicial authorities order regarding the infringement of
copyright and related rights, patents, industrial designs, trademarks and layout-designs (topographies)
of integrated circuits, including injunctions, damages, destruction or disposal of infringing goods,
materials or implements for their production.
7. Please explain whether the amount of damages which judicial authorities order the person
who has infringed intellectual property rights to pa y the right holder is adequate compensation for the
injury the right holder has suffered, and what criteria and the way for calculation are adopted in order
to decide the amount for compensation.
8. Please explain whether the amount of damages which judicial authorities order the person
who has infringed intellectual property rights to pay the right holder includes investigation expenses
and appropriate attorney's fees.
9. Please describe to what extent the amount of damages has been estimated by court since
1 January 1996.  Please also explain whether the amount of damages was adequate compensation for
the injury the right holder had suffered, and how such  civil procedures were consistent with Article 45
of the TRIPS Agreement.
10. Please explain the kinds and amounts of penalties (imprisonment or fines) in criminal cases.
Please also explain whether these penalties are consistent with Article 61 of the TRIPS Agreement
which requires provisions for a sufficient deterrent, consistently with the level of penalties applied forcrimes of a corresponding gravity.
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