WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/YEM/41 
18 December 2012 
 (12-6957) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Additional Questions and Replies 
 
 
 The following submission, dated 16 November 2012,  is being circulated at the request of the 
Delegation of the Republic of Yemen.  
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  WT/ACC/YEM/41 
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 TABLE OF CONTENTS 
IV.  POLICIES AFFECTING TRADE IN GOODS ..................................................................... 1  
-  Trading Rights ................................................................................................................ .......... 1 
A.  IMPORT REGULATIONS ...................................................................................................... 2  
-  Fees and charges for services rendered ................................................................................... 2  
V.  TRADE-RELATED INTELLECTUAL  PROPERTY REGIME ......................................... 3  
-  GENERAL ....................................................................................................................... .......... 3 
-  SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ............................................................................. 3  
-  Copyright and related rights .................................................................................................. .. 3 
-  Trademarks, including service marks ..................................................................................... 6  
-  Industrial designs ............................................................................................................ .......... 6 
  WT/ACC/YEM/41 
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 IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 1  We thank Yemen for including an action plan re garding implementation (Table 5).  The update 
regarding steps to amend the legislation is a ppreciated.  However, we would appreciate if 
information regarding the steps towards implemen tation could be elaborated a bit further.  
Answer: 
Yemen is working on the steps to amend the legislation as indicated in the plan of action.  
Any development of this work will be communicated accordingly.  
Question 2 
We would appreciate if Yemen could elaborate th e last paragraph (paragraph 68).  We suggest 
the following drafting and wo uld welcome Yemen's feedback. 
68. The representative of Yemen conf irmed that by 31 December 2014, in 
accordance with the action plan in Table 5, Yemen would grant any natural or legal person of a WTO Member, regardless of physical presence or investment in Yemen, the 
right to be the importer of record of any pr oduct allowed to be imported into Yemen, 
including the right to be granted technical clearance as described in paragraph 105. 
Yemen's laws and regulations relating to all fees, charges and taxes levied in connection 
with such trade, including fees as described in paragraphs 60 and 106 and in the Action Plan in Table 9, would conform fully with  its WTO obligations, including Articles 
VIII:1(a), XI:1, and III:2 and 4 of the GATT 1994. 
He also confirmed that, in accordance with Yemen's legislation and in conformity with 
WTO rules, Yemen would grant the right to import and to export in a non-
discriminatory and non-discretio nary manner pursuant to the action plan set out in 
Table 5 and no later than 31 Decemb er 2014. Any requirements for commercial 
registration or application for trading rights  would be for customs and fiscal purposes 
only, and would not require investment in Yemen. 
He also expressed his understanding that the gr anting of trading rights would not affect 
the rights of Yemen to adopt regulations co nsistent with the WTO Agreement, including 
those relating to import licensing, tec hnical barriers to trade or sanitary and 
phytosanitary measures. 
Answer: 
Yemen agrees with the suggested amendment to pa ragraph 68 in the Draft Working Party Report as 
follow: 
68. The representative of Yemen confirmed that by 31 December 2014, in accordance 
with the action plan in Table 5, Yemen w ould grant any natural or legal person of a 
WTO Member, regardless of physical presence or investment in Yemen, the right to be the 
importer of record of any product allowed to be  imported into Yemen, including the right to 
be granted technical clearance as described in paragraph 105. WT/ACC/YEM/41 
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 Yemen's laws and regulations relating to all fees,  charges and taxes levied in connection with 
such trade, including fees as described in para graphs 60 and 106 and in the Action Plan in 
Table 9, would conform fully with its WTO ob ligations, including Articles VIII:1(a), XI:1, 
and III:2 and 4 of the GATT 1994. 
He also confirmed that, in accordance with Yemen's legislation and in conformity with 
WTO rules, Yemen would grant the right to im port and to export in a non-discriminatory and 
non-discretionary manner pursuant to the action plan set out in Table 5 and no later than 31 December 2014. Any requirements for commercia l registration or application for trading 
rights would be for customs and fiscal purposes only, and would not require investment in 
Yemen. 
He also expressed his understanding that the gr anting of trading rights would not affect the 
rights of Yemen to adopt regulations consiste nt with the WTO Agreement, including those 
relating to import licensing, technical barriers to  trade or sanitary and phytosanitary measures. 
The Working Party took no te of these commitments. 
A. IMPORT REGULATIONS 
- Fees and charges for services rendered 
Question 3 
With respect to paragraphs 87 and 88 of document WT/ACC/SPEC/YEM/5/Rev.4:  We thank 
Yemen for the elimination of the requirement that certificates of origin be endorsed or 
notarised by Yemeni Consulates in the country of origin (by 1 January 2017). 
However, it remains unclear whether the obligat ion to present a certificate will be maintained 
for non-preferential imports.  Could Yemen provide information on this? 
Answer: 
The elimination of the requirement that certificates  of origin be endorsed or notarised by Yemeni 
Consulates in the country of origin (by 1 Janua ry 2017) would be for non -preferential imports.  
Yemen maintains certificate of origin requirement for non-preferential trade for statistical purposes. 
Question 4 
Yemen also confirms that it has not es tablished non-preferential origin rules. 
As non-preferential rules of origin have not b een harmonised, a certificate of origin is therefore 
established on the basis of rules that may vary fr om country to country.  It can thus have no 
added value compared to the declared or igin of the products by the importer. 
The obligation to present a non-preferential certif icate of origin for each import into Yemen 
represents a considerable burden on traders, without serving any useful purpose.  In the interest of trade facilitation, we invite Ye men to consider eliminating this requirement. 
Answer: 
Please refer to the answer to Question 3.   WT/ACC/YEM/41 
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 V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL 
Question 5 With respect to paragraphs 204 and 205 of docu ment WT/ACC/SPEC/YEM/5/Rev.4:  We take 
note of Yemen's indications that it would "examine the feasibility of acceding to IP treaties, in particular the WIPO Copyright Treaty and th e WIPO Performances a nd Phonograms Treaty". 
Would Yemen have any timeframe in mind to carry out this examination? 
Answer: 
Yemen finds it quite difficult to indicate a ti meframe for accession to WCT and WPPT treaties, 
especially as Yemen is not a WTO Member yet.  In the meantime, Yemen had acceded to Paris and 
Berne conventions that are incorporated in the TRIPS Agreement.  Time and resources shall be 
needed to digest and implement TRIPS first, before considering accession to other treaties.   
Question 6 With respect to paragraph 206 of document WT/ACC/SPEC/YEM/5/Rev.4: We note that 
Yemen would revise its IPR law to ensure the a pplication of the MFN principle to foreign 
nationals residing in Yemen as regards patent registration and protection.  Could Yemen inform whether any steps have been take n so far – and/or what are the plans? 
Answer: 
Patent Law No. 2 of 2011 was issued and Article 42 of the Law provides the MFN principle to foreign 
nationals residing in Yemen as regards patent registration and protection. 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS 
- Copyright and related rights 
Questions concerning Yemen's Copyright Law of 10 July 2012 
Question 7 
Scope of Exemptions:  We thank Yemen for its answers regarding the scope of exemptions.  
We request further clarification on Article 40( 2) and its intended scope and application.  
Article 40(2) permits copying where, among other things, it "shall not be performed to achieve financial profit".  We request clarification as to whether this exemption would permit 
widespread unauthorized reproductions so long as  they were not done for profit.  See Berne 
Articles 9(2) and 10(2). 
Answer: 
Yemen confirms that the exemption referred to in Article 40(2) of the Copyright Law is limited to 
non-profit education and training purposes only an d would not permit widespread unauthorized 
reproductions.  WT/ACC/YEM/41 
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 Question 8 
We thank Yemen for its answer in stating that Article 40(2) "would not permit widespread 
unauthorized reproductions."  So that we mi ght better understand the scope of unauthorized 
uses, would Yemen please provide some examples of reproductions that would be permissible exceptions under Article 40(2)?  We are trying  to learn more about the scope of what 
"widespread" means in this Article.   
Answer: 
Pursuant to earlier clarification, please note that the scope of authorized use, that would be 
permissible exceptions under Article  40 (2), is limited to non-profit  educational/training purpose, such 
as photocopying educational material for students in a class room setting. "Widespread of 
unauthorized reproduction" is a reference to not a llow such practice apart from non-profit educational 
and training purposes.  
Question 9 
National Treatment Under the Berne Convention :  We thank Yemen for its answers regarding 
the application of Article 9 of the TRIPS Agreement and Article 3 of the Berne Convention and 
requests the following clarification in response: whet her protection is provided to works of both 
foreign nationals from non-members of the Bern e Convention whose works are first published 
in a Berne country, as well as to works of non- Berne member nationals who are domiciled in a 
Berne country. 
Answer: 
Yemen is a Member of the Berne Convention.  From this stand point, Yemen confirms that protection 
is provided to works of both foreign nationals  from non-members of the Berne Convention whose 
works are first published in a Berne country, as well  as to works of non-Berne member nationals who 
are domiciled in a Berne country.  Such treatment will be included in the implementing regulation of 
Copyrights Law.  
Question 10 
While we appreciate that Yemen will include nation al treatment in the implementing regulation 
of the new Copyright Law, such protection should be expressly included in the actual Law.  Will 
Yemen amend Copyright Law No. 15 of 2012 to expressly provide national treatment for works 
of foreign nationals from non-Berne member countries whose works are first published in a 
Berne country, as well as to works of non-Be rne member nationals who are domiciled in a 
Berne country?  Also, will Yemen provide a copy of the draft copyright regulations for review? 
Answer: 
Law No. 15 of 2012 was enacted very recently, i.e.  July 2012.  Therefore, it would be highly 
unfeasible to return to the House of Representatives  for such amendment due to long and difficult 
procedural requirements.  On the other hand, Law im plementing regulations are an integral part of the 
said law.  Therefore, it shall be sufficient to a ddress the remaining national treatment issues in the 
implementing regulations.  Yemen will provide a copy of the draft copyright regulations for working 
party members' review, as soon as they are made available.   WT/ACC/YEM/41 
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 Question 11 
Search Orders:  We understand that Yemen's Copyright Law provides for inaudita altera parte  
seizures, however, we request a clarification on the issue of initial searches.  Under Yemeni law, 
do enforcement officials also have the authorit y to conduct initial searches in order to discover 
evidence of commercial copyright infringement prior to any subsequent seizure? 
Answer: 
According to Article (85/B) of the Copyright Law No. 15 of 2012, the Law Enforcement Officers may 
enter and inspect shops and stores that sell, distribute, rent, show, copy, produce phonograms, 
performances or radio programmes an d substantiate the incidence of violations to this law, seize, 
impound and administratively hold on to material s, copies and implements used in any of the 
violations provided for in this Law by virtue of a permission from the Office of the Attorney General.  
Question 12 
The translated copy of Copyright Law No. 15 of 2012 does not include express language that 
provides enforcement officials the authority to  conduct initial searches in order to discover 
evidence of commercial copyright infringement prio r to any subsequent seizure.  Is this an issue 
of translation or is that authority not expressly provided in the Copyright Law?  If it is the 
latter, will Yemen amend its Copyright Law to  expressly provide such authority to its 
enforcement officials? 
Answer: 
Article (85/B) of the copyright law and neighbourin g rights No. 15 of 2012 is clear in granting law 
enforcement officials the authority to conduct initi al searches in order to discover evidence of 
commercial copyright infringement prior to any subsequent judiciary procedure for seizure.  
However, Yemen could consider a reference to su ch authority in the implementing regulations.   
Question 13 
Border Measures Exemptions:  Article 76 of Yemen's Copyright Law states that small 
quantities including items shipped in small boxes,  if of a non-commercial nature, are exempt 
from the provisions of the Border Measures sectio n of the Copyright Law.  Yemen has clarified 
that the phrase "including items shipped in small box es" is not what is stated in the original text 
of Article 76 of the copyright law.  The correct phrase interpretation is "small consignments."  
 How do Yemeni authorities define "small consignments" in the intellectual property 
context so that inspectors can take the necessa ry actions to let such small consignments 
pass free (or exempt) from inspection?   
Answer: 
Common practices indicate that small consignments are usually three or less than three copies.  
Yemen definition of "small cons ignments" will be included in the implementing regulation of 
Copyrights Law.  WT/ACC/YEM/41 
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 Question 14 
While we appreciate that the government of Yemen plans to include a definition for "small 
consignments" in the implementing regulation of the Copyright Law No. 15 of 2012, we ask that Yemen also amend the current Copyright Law to expressly define "small consignments" as "three or less copies." 
Answer: 
The provisions of Article (76) of the Yemeni law co rrespond completely with the text of Article (60) 
of the TRIPS Agreement on exemption for importing sm all consignment.  Article (60) of the TRIPS 
did not specify the amount of quantities for individual and non-commercial use.  Furthermore, and taking into account the aforementioned clarifica tion on the Yemen lengthy and complex legislative 
process, Yemen reiterates that the definition of "small consignment" will be included in the 
implementing regulations of copyright law as "three or less copies".   
- Trademarks, including service marks 
Question 15 
We thank Yemen for their response to our question regarding Article 16.1 of the TRIPS 
Agreement.  Yemen indicated that "Article 16.1 of the TRIPS agreement has been incorporated 
in Article 22.2 of Law No. 23 of 2010 on Trademarks and Geographical Indications in compliance with TRIPS Agreement."  Article 22.2  states: "The holder has exclusive right to 
prevent other parties who have not obtained his consent from making commercial use of 
matching or similar marks for goods or services that match or re semble the ones for which the 
trademark was registered, when such use could resu lt in misleading or confusing the public."  
We have a question as to whether "marks" includes "geographical indications" in Article 22.2.  See TRIPS Article 16.1. 
Answer: 
The word "marks" referred to in Article 22 (2) of  the Trademarks and Geographical Indications Law 
No. 23 of 2010, refers to "signs" cont ained in Article 16.1 of the TRIPS.  
- Industrial designs 
Question 16 
Could Yemen inform whether any steps have been  taken so far and/or what are the plans to 
ensure that the duration of protection of industrial designs is in line with the TRIPS Agreement? 
Answer: 
In accordance to Article 20 (1) of the Industrial Design Law No. 28 of 2010 the duration of protection 
of industrial design is in line with Article 26 (3) of the TRIPS Agreement.  
Question 17 
Could Yemen provide more explanations on what is the objective pursued by the possibility to 
issue compulsory licenses on industria l designs (not foreseen by TRIPS)?  WT/ACC/YEM/41 
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 Answer: 
Yemen confirms that the Industrial Design Law No . 28 of 2010 does not include a provision that 
permits the issuance of compulsory licenses on industrial design.  
Question 18 
Could Yemen inform whether any steps have been taken so far – and/or what are the plans to 
ensure effective compliance with the TRIPS prov isions on data protection for agro-chemical 
products? 
Answer: 
Law No.(4) of 2011 "On Organizing and Circulation of Pesticides" was issued amending some of the 
provisions of law No.(25) of 1999 and adding Article (8 bis) which reads as follows: 
"The committee for registration of agricultu ral pesticides and competent employees shall 
maintain the confidentiality of trade secrets of registered pesticides producers.  Anyone who 
leaks any of these secrets shall be punished w ith dismissal from service and imprisonment for 
a period of not less than one year and more than two years".  
Question 19 
Could Yemen provide more information about how it plans to implement the TRIPS provisions 
on data protection for pharmaceuticals and pa tents (in the legislative action plan, Yemen 
indicates that full implementation of the TR IPs agreement will be ensured by December 2016, 
with the exception of the provisions on data protection for pharmaceuticals and patents on 
which the Doha Declaration will be applied)? 
Answer: 
Yemen seeks, as an LDC, to benefit from the flex ibilities provided by the Doha Declaration and other 
related decisions issued by WTO.  However, fu ll Implementation of the TRIPS Agreement would be 
applied in Yemen, no later than December 31, 2016.  
Question 20 
We suggest the following drafting to be in cluded in or around paragraph 262 of the Draft 
Working Party Report and would welcome Yemen's feedback. 
"In addition, the Yemeni representative add ressed four specific points regarding the 
Copyright Law.  First, he confirmed that  by December 2014, Yemen will amend its 
Copyright Law No. 15 of 2012 to provide national treatment expressly for works of foreign nationals from non-Berne member countries whose works are first published in a Berne country, as well as for works of non-Berne member nationals who are domiciled 
in a Berne country.  Second, Yemen committed  to further clarify in the implementing 
regulations to the Copyright Law No. 15 of 2012 that law enforcement officials have the 
authority to conduct initial searches in or der to discover evid ence of commercial 
copyright infringement prior to any subsequent judiciary procedure for seizure.  Third, the Yemeni representative co nfirmed that by December 2014 Yemen will clarify in the 
implementing regulations to Copyright Law No. 15 of 2012 that "small consignments" 
(referred to in Article 76 on shipments of copyrighted works of a non-commercial nature) are defined as "three or less copies" .  Finally, the representative said that WT/ACC/YEM/41 
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 Yemen will allow WTO Members to review the draft implementing regulations and any 
draft revisions to Copyright Law No. 15 of 2012 prior to their enactment."   
Answer: 
Yemen agreed to add the suggested paragraph on c opyright and related rights to the Draft Working 
Party Report.  The paragraph to be added to the report is as follow: 
"In addition, the Yemeni representative a ddressed four specific points regarding the 
Copyright Law.  First, he confirmed that by December 2014, Yemen will amend its Copyright Law No. 15 of 2012 to provide national treatme nt expressly for works of foreign nationals 
from non-Berne member countries whose works ar e first published in a Berne country, as 
well as for works of non-Berne member nationa ls who are domiciled in a Berne country.  
Second, Yemen committed to further clarify in the implementing regulations to the Copyright 
Law No. 15 of 2012 that law enforcement officials have the authority to conduct initial searches in order to discover evidence of comm ercial copyright infringement prior to any 
subsequent judiciary procedure for seizure.  Third, the Yemeni representative confirmed that by December 2014 Yemen will clarify in the implementing regulations to Copyright Law 
No. 15 of 2012 that "small consignments" (re ferred to in Article 76 on shipments of 
copyrighted works of a non-commercial nature) ar e defined as "three or less copies".  Finally, 
the representative said that Yemen will a llow WTO Members to review the draft 
implementing regulations and any draft revisi ons to Copyright Law No. 15 of 2012 prior to 
their enactment." 
 
 
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