RESTRICTED  
  
WT/ACC/COM/8/Rev.1  
26 April 2017 
(17-2309) Page: 1/30 
Working Party on the Accession  
of the Union of the Comoros  Original:  French  
 
  ACCESSION OF THE UNION OF THE COMOROS  
IMPLEMENTATION OF THE WTO AGREEMENT ON TRADE -RELATED  
ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)  
Revision  
 The following communication, dated  19 April  2017, is being circulated at the request of the 
delegation of t he Union of the Comoros.  
 
_______________  
 
 WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
General principles   
For the purposes of the TRIPS Agreement, the term 
"intellectual property" refers to all categories of 
intellectual property (IP) that are the subject of  
Sections 1 through 7 of Part II of the Agreement . 
TRIPS Article 1.2.  This definition is covered by  the Bangui Agreement in 
the preamble , points 1, 2 and 3 , and the 
four annexes.1 
Members shall accord to the nationals of other 
Members treatment no less fa vourable than that it 
accords to its own nationals with regard to the 
protection of IP, subject to the exceptions provided in 
the Paris, Berne and Rome  Conventions, and the 
IPIC Treaty . For performers, producers of 
phonograms and broadcasting organizations , this only 
applies to rights provided under TRIPS . Certain 
exceptions under Berne and Rome are subject to 
notification . Exceptions should not be inconsistent 
with the provisions of TRIPS and not be applied in a 
manner constituting a disguised restriction on trade . 
"Protection" includes matters affecting the availability, 
acquisition, scope, maintenance and enforcement of 
IP rights as well as those matters affecting the use of 
IP rights specifically addressed in TRIPS . 
TRIPS Article  3. Covered by Article 5  of the Bangui Agreement , 
point 3: 
 
(3) Foreigners shall enjoy the benefits  of this 
Agreement and its Annexes on the same terms as 
nationals . 
 
 
Most-favoured -nation (MFN) principle : with regard to 
the protection of IP, any advantage, favour, privilege 
or immunity granted by a Member to the nationals of 
any other country shall be accorded immediately and 
unconditionally to the nationals of all other Members, 
subject to four express exemptions . The scope of 
"protection " is that as defined for Article 3 . 
TRIPS Article 4.  The MFN principle is covered by point (xi) of the 
preamble concerning the Marrakesh Agreement 
Establishing the World Trade Organization, including 
the Agreement on Trade -Related Aspects of 
Intellectual Property Rights, of 15 April 1994, and 
point 4: The provisions of paragraph 3 above apply to 
foreigners who are not nationals of a State party to an 
international convention to which the Organization or 
any of its member States is party, or foreigners 
whose principal place of business or domicile is not 
located in such a State, subject to reciprocity.   
National treatment and MFN principles do not apply to 
procedures provided in WIPO  agreements relating to 
the acquisition or maintenance of IP rights . 
TRIPS Article 5.  The national treatment provisio n is covered by the 
OAPI Regulations, Article 5, point 3.  
Aspects of exhaustion of IP rights may be subject to 
the provisions of Article 3 (national treatment) and 
Article 4 (MFN) . TRIPS Article 6.  The national treatment provision is covered by the 
OAPI Regulations, Article 5, points 3 and 4 . 
 
Paris Convention standards on 
industrial  property   
Compliance with Articles 1 through 12 and Article 19 
of the Paris Convention for the Protection of 
Industrial  Property ("Paris  Convention") in respect of 
Parts II , III, and IV of the TRIPS Agreement . 
TRIPS Article 2.  
The following items specify these Paris Convention 
standards in detail in the context of TRIPS (no 
reference is made to obligations separately 
undertaken by countries as Parties to the 
Paris Convention  and members of the Paris  Union).  Provisions covered by points (i) and (xi) of the 
preamble to the Bangui Agreement.  
Industrial property has as its object patents, utility 
models, industrial designs, trademarks, service 
marks, trade names, indications of source or 
appellations of origin, and the repression of unfair 
competition . Paris Convention , Article 1(2).  Covered by point (i)  of the preamble  to the Bangui 
Agreement.  
                                                
1 The Union of the Comoros is a member of the World I ntellectual Property Organization (WIPO) and 
also a member of the African Intellectual Property Organization (OAPI). Pending new national intellectual 
property regulations, the Union of the Comoros currently applies the OAPI legislation . WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Nationals of Members are to enjoy in all other 
Members the advantages that their res pective laws 
grant to nationals, and shall have the same protection 
and the same legal remedy against any infringement 
of their rights if they conform to the conditions and 
formalities imposed upon those Members' nationals . 
Paris Convention, Article 2 (not e also TRIPS  Article  3). Provisions c overed by Article 5, points 3 and 4.  
(3) Foreigners shall enjoy the benefits of this 
Agreement and its Annexes on the same terms as 
nationals.  
(4) The provisions of paragraph 3 above apply to 
foreigners who are not nati onals of a State party to an 
international convention to which the Organization or 
any of its member States is party, or foreigners 
whose principal place of business or domicile is not 
located in such a State, subject to reciprocity.  
Nationals of non -Memb er countries who are domiciled 
or who have "real and effective" industrial or 
commercial establishments in a Member shall be 
treated as nationals of a Member . Paris Convention, 
Article 3.  Covered by Article 5, point 4 . The provisions of 
paragraph 3 above a pply to foreigners who are not 
nationals of a State party to an international 
convention to which the Organization or any of its 
member States is party, or foreigners whose principal 
place of business or domicile is not located in such a 
State, subject to reciprocity.  
An application for a patent, for registration of a utility 
model, an industrial design, or a trademark that is 
equivalent to a regular national filing under the 
domestic legislation of a Member shall give rise to a 
right of priority for the p urposes of filing in the other 
Members . The periods of priority are to be 12 months 
for patents and utility models, and 6 months for 
industrial designs and trademarks ; further details are 
stipulated . Paris Convention, Article  4. 
These provisions apply also  to service marks . 
TRIPS Article 62.  (1) 12 months for patents (Annex I) , Article 18:  
Any person wishing to avail himself of the priority of 
an earlier application shall be required to file his 
patent application wit h the Organization within 
12 months from  the date of the earlier application . 
 
and 6 months for utility models (Annex II) , Article 13 : 
Any person wishing to avail himself of the priority of 
an earlier application shall be required to attach to his 
application for registration or to send to the 
Organization at the latest six months following the 
filing date of his application . 
(2) and six months for industrial designs (Annex IV) , 
Article 9 . Any person wishing to avail himself of the 
priority of an earlier application shall be required to 
file his application for registration with the 
Organization within six months  from the date of the 
earlier application.  
from the previous date of application for the OAPI . 
Patents obtained for the same invention in various 
Members are independent of each other . 
Paris Convention, Article 4 bis. Covered by point (i) of the preamble to the Bangui 
Agreement.  
Inventors have the right to be named as such in the 
patent . Paris Convention, Article 4 ter. Covered by Article 9 , Annex I , Bangui Agreement : 
"The right to the pate nt shall belong to the inventor or 
his assignee ; the applicant shall be deemed to be the 
owner of the right ." 
 
Restrictions or limitations on the sale of a patented 
product or a product produced by a patented process 
cannot be the grounds for refusing or invalidating that 
patent . Paris Convention, Article 4 quater.  Covered by Article 27, points 6 and 7, Annex I, 
Bangui Agreement . 
 
No application may be rejected under paragraphs (1), 
(2), (3) or (4) of this Article without the applicant or 
his agent having f irst been given the opportunity to 
correct the said application to the extent and 
according to the procedure prescribed.  
 
(7) Notwithstanding the aforementioned provisions, 
the Organization may, ex officio , correct obvious 
clerical errors in the applicatio ns. 
Importation of a patented product manufactured in a 
Member cannot be the basis of forfeiture of the 
patent . Paris Convention, Article 5.A(1).  Covered by Article 44, Annex I, Bangui Agreement:  
 
(1) Any patentee who has not paid his annual fees on 
the anniversary date of the filing of his patent 
application shall forfeit all his rights.  
 
(2) The patentee concerned shall however be allowed 
a six-month period of grace within which he may still 
validly pay the annual fees . In that case, he shall also 
pay an  additional fee.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
 (3) Payments made to complement annual or 
additional fees during the six -month period mentioned 
above shall be considered valid.  
 
(4) Payments made as annual or additional fees 
payable for a patent application resulting either from 
the conversion of an application for a certificate of 
addition under  Article 31 or from the division of a 
patent application under Article 2 7(3) above shall also 
be considered valid provided that the payments are 
made within a period of six months from the date  of 
the application for conversion or the filing date of the 
applications resulting from the division.  
Compulsory licensing is authorized as a means to 
prevent abuses, such as the failure to work, but a 
patent may not be forfeited unless the grant of a 
compulsory license would not be sufficient to prevent 
the abuse . Proceedings for forfeiture or revocation 
cannot be instituted until two years after the grant of 
the first compulsory license . Paris Convention, 
Article  5.A(2) and (3).  Covered by Article 49 of  Annex I to the Bangui 
Agreement . A compulsory licen se may be granted  for 
the following reasons:  
 
(1) At the request of any person made after the 
expiry of a period of four years from the  filing date of 
the patent application or three years from the date o f 
grant of the patent,  whichever period expires last, a 
non-voluntary licen se may be granted where one or 
more of  the following conditions are fulfilled:  
 
(a) the patented invention is not being worked on the 
territory of a member State at the  time the req uest is 
made;  
 
(b) the working of the patented invention on such 
territory does not meet the demand  for the protected 
product on reasonable terms;  
 
(c) on account of the refusal of the owner of the 
patent to grant licenses on reasonable  commercial 
terms an d procedures, the establishment or 
development of industrial or  commercial activities on 
such territory is unfairly and substantially prejudiced.  
 
(d) Notwithstanding the provisions of paragraph (1) 
above, a non -voluntary license may not be granted if 
the owner of the patent provides legitimate reasons 
for the non -working  of the invention.  
An application for a compulsory license for failure to 
work cannot be made until four years have passed 
since the patent application was filed, or three years 
from date of grant and no compulsory license is to be 
granted if the patentee justifies the failure to work by 
legitimate reasons. Licenses are to be non -exclusive, 
and may not be transferred except with the enterprise 
or goodwill that exploits the license. Paris Co nvention, 
Article  5.A(4).  Covered by Article 49, Annex I, Bangui Agreement:  
 
(1) At the request of any person made after the 
expiry of a period of four years from the filing date of 
the patent application or three years from the date of 
grant of the patent , whichever period expires last, a 
non-voluntary license may be granted where one or 
more of the following conditions are fulfilled:  
(a) the patented invention is not being worked on the 
territory of a member State at the time the request is 
made;  
(b) the working of the patented invention on such 
territory does not meet the demand for the protected 
product on reasonable terms;  
(c) on account of the refusal of the owner of the 
patent to grant licenses on reasonable commercial 
terms and procedures, the establ ishment or 
development of industrial or commercial activities on 
such territory is unfairly and substantially prejudiced.  
(d) Notwithstanding the provisions of paragraph (1) 
above, a non -voluntary license may not be granted if 
the owner of the patent provi des legitimate reasons 
for the non -working of the invention.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Industrial designs cannot be forfeited for failure to 
work or for importing articles corresponding to those 
that are protected . Paris Convention Article 5.B.  Pursuant to Article 30 of Annex IV t o the Bangui 
Agreement, protection may be  infringed  for the 
following reasons:  
 
(1) The registration of a design shall be  declared 
invalid by a court decision : 
 
(a) if it does not conform to the provisions of 
Articles  1 and 2 above;  
 
(b) if its owner  was u nable to enjoy the protection 
provided for in Article 4;  
 
(c) if the industrial design infringes the rights 
subsisting in  an earlier  design which was made 
available to the public after the date of filing of the 
application for registration, or, where prior ity is 
claimed, after the date of priority, and which was 
protected from a n earlier date by the registration of a 
design;  
 
(d) if it infringes third -party copyright;  
 
(e) if the design uses an earlier distinctive sign  that is 
protected , without the consent  of the owner . 
 
The grounds for nullity specified in subparagraphs (b), 
(c) (d) and (e) may be invoked, either by the Office of 
the Public Prosecutor or by any interested person or 
union.  
 
(1) If the grounds for nullity affect the registration 
only in part , the registration may be maintained in a 
modified form, provided that, in the said form, the 
industrial design fulfils the criteria for the granting of 
protection and its identity is preserved.  
 
(2) When the court decision declaring the registration 
totally or partly invalid becomes final, it shall be 
notified by the earliest petitioner to the Organization, 
which shall enter it in the Special Register of 
Industrial Designs and publish a notice thereof.  
A mark cannot be cancelled for unjustified non -use 
before a reasonable period of time has passed and 
permits the proprietor to use differing elements that 
do not diminish the distinctive character of a mark 
without invalidating the registration or diminishing the 
protection granted the mark . Concurrent use o f the 
mark by co -proprietors is permitted so long as that 
use does not mislead the public and is not contrary to 
public interest . Paris Convention, Article 5.C (note 
also TRIPS  Article  19 specifies a period of at least 
three years of permitted non -use). Pursuant to Article 27, Annex III, Bangui Agreement, 
a mark may be forfeited on the following grounds:  
 
(1) At the request of any interested party, the 
competent national court may make a finding of 
invalidity and order the cancellation of any registered 
mark which:  
 
(a) for an uninterrupted period of five years prior to 
the request, has not been used on the national 
territory of one of the member States, except where 
the registered owner has legitimate reasons for 
having failed to use it;  
 
(b) due to the own er has become the common 
designation of the products or services;  
 
Cancellation may be extended to all or part of the 
goods or services for which the said mark was 
registered.  
 
(2) The burden of proof regarding use of the mark 
shall rest with the owner.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
 Use of a mark by another person shall be recognized 
as use of the mark, subject to endorsement by the 
owner . The same shall apply to use of the mark in a 
modified form that does not change its distinctive 
character.  
 
(3) When the decision ordering cancella tion becomes 
final, it shall be notified to the Organization, which 
shall record it in the Special Register of Marks and 
cancel the registration  in question . 
 
(4) Cancellation shall be published in the form laid 
down in the Implementing Regulations . Registration of 
the mark shall then be deemed never to  have had any 
effect.  
The protection of patents, utility models, registered 
trademarks, or industrial designs cannot be 
conditioned upon indication or mention of such 
protection upon the goods . Paris Convent ion, 
Article  5.D. This provision is covered by the preamble, point 3( i), 
Bangui Agreement . 
A grace period of at least six months is required for 
the payment of maintenance fees for industrial 
property, but a surcharge is permissible . Countries 
are authori zed to restore patents that lapsed for 
non-payment of fees . Paris Convention, Article 5 bis. Six months for OAPI. 
Use of patented devices aboard a vessel, aircraft, or 
land vehicle temporarily or accidentally in the territory 
or the Member shall not be an infringement of patent 
rights, where they are used for the construction, 
operation or other needs of the vessel. 
Paris Convention, Article 5 ter. Covered by Article 7, Annex I, Bangui Agreement:  
"(1) The rights deriving from the patent shall not 
extend:  
(a) to the offer, importation, stocking or use, in the 
territory of a member State, of the patented product 
after the product has been lawfully placed on the 
market of any country by the patent holder or with his 
explicit consent;  
(b) to the use of objects on  board foreign aircraft, 
land vehicles or ships that temporarily or accidentally 
enter the airspace, territory or waters of a member 
State;  
(c) to acts in relation to a patented invention that are 
carried out for experimental purposes in the course of 
scientific and technical research or for educational 
purposes;  
(d) to studies or trials required in order to obtain a 
drug marketing authorization, or to the acts required 
to carry them out and obtain the authorization;  
(e) to acts performed by any person who,  in good 
faith, on the filing date or, where priority is claimed, 
on the priority date of the application on the basis of 
which the patent is granted on the territory of a 
member State, was in possession of the invention . 
(2) The right of the holder referr ed to in paragraph 
(1)(e) above may not be transferred otherwise than 
with the goodwill of the business, the business or the 
portion thereof to which it is connected."  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Process patent owners have all the rights against an 
imported product produced by the p atented process 
that they would have with respect to products 
manufactured at home . Paris Convention, 
Article  5quater . Covered by Article 6, Annex I , Bangui Agreement  
 
"(1) Subject to the conditions and within the limits set 
by this Annex, the patent shall  confer on its owner the 
exclusive right to work the patented invention.  
 
(2) Subject to the conditions and within the limits set 
by this Annex, the owner of the  patent shall have the 
right to prohibit any person from working the 
patented invention.  
 
(3) For the purposes of this Annex, the "working " of a 
patented invention means one or  other of the 
following acts:  
 
(4) where the patent has been granted for a product:  
 
(i) manufacturing, importing, offering for sale, selling 
and using the product ; 
(ii) holdi ng the product for the purposes of offering it 
for sale, selling it or using it;  
(iii) where the patent has been granted for a process:  
(iv) using the process ; 
(v) engaging in the acts mentioned in subparagraph 
(a) above in relation to a product  resulting directly 
from the use of the process.  
 
(2) The owner of the patent also has the right to : 
 
(a)assign or transfer his patent by succession;  
 
(b) enter into other contracts.  
 
(3) The scope of the protection conferred by a patent 
shall be determined by the te rms of the claims . 
However, the description and drawings may be used 
to interpret the claims.  
 
(4) If the subject -matter of the patent is a process, 
the protection conferred by the patent shall extend to 
the products obtained by that process . 
Protection o f industrial designs is required . 
Paris Convention, Article 5 quinquies . Covered by Article 4, Annex IV, Bangui Agreement:  
1) Only designs deposited in the proper manner shall 
enjoy the benefits of this Annex.  
 
2) The ownership of a design shall vest in the  person 
who created it or in his successors in title, but in the 
absence of proof to the contrary the first applicant 
shall be presumed to be the creator of the design.  
 
3) Where several persons have jointly created an 
industrial design, the right to the c ertificate of 
registration shall belong to them jointly; the title is 
issued to them in co -ownership.  
The conditions for filing, registration and renewal of 
trademarks is subject to domestic legislation but 
filing, registration and renewal are independent  of 
those in other countries, including the country of 
origin . Paris Convention, Article 6.  Covered by Article  1.3 The protection accorded by this 
Annex shall not exclude any rights deriving from other 
legislative provisions of member States, in particular  
those concerning literary and artistic property, and by 
Article  19.1 Subject to the provisions of paragraph (2) 
below, the term of the protection conferred by a 
certificate of registration of an industrial design shall 
expire at the end of the fifth year following the filing 
date of the application for registration.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Members are required, ex officio  if legally possible, or 
at the request of an interested party, to refuse to 
register or to cancel the registration of a trademark 
confusingly similar to a well -known mark . Requesting 
cancellation of such a mark must be possible until 5 
years after registration . No time limit is placed on a 
mark registered or used in bad faith . 
Paris Convention, Article 6 bis. Covered by Article 3 , Annex III , Bangui Agreement : 
(a) it is devoid of distinctiveness, notably owing to the 
fact that it consists of signs or matter constituting the 
necessary or genetic designation of the product or the 
composition thereof;  
(b) it is identical to a mark that belongs to another 
owner and is already registered, or the filing or 
priority date of which is earlier, and which relates to 
the same or similar goods or services, or where it so 
resembles such a mark that it is liable to mislead or 
confuse;  
(c) it is contrary to public policy, morality or the law;  
(d) it is liable to mislead the public or business circles, 
notably as to the geographical origin, nature or 
characteristics of the goods or services in question;  
(e) it reproduces, imitates or incorporates armorial 
bearings, flags or other emb lems, the abbreviated 
name or acronym or an official sign or hallmark 
indicating control and warranty of a State or 
intergovernmental organization established by an 
international convention, except where the competent 
authority of that State or of that org anization has 
given its permission.  
Members are required to refuse to register or to 
invalidate the registration that includes, without 
authorization, armorial bearings, flags, state 
emblems, official signs and hallmarks, etc. A n 
exception is provided for  owners of rights acquired in 
good faith before this obligation entered into force for 
that country . Paris Convention, Article 6 ter. Covered by Article 3(e) of  Annex III  to the Bangui 
Agreement : 
(e) it reproduces, imitates or incorporates armorial 
bearings , flags or other emblems, the abbreviated 
name or acronym or an official sign or hallmark 
indicating control and warranty of a State or 
intergovernmental organization established by an 
international convention, except where the competent 
authority of that State or of that organization has 
given its permission.  
The assignment of a mark is valid if the portion of the 
business or goodwill of the business together with the 
exclusive right to manufacture and sell the goods 
bearing the mark are also transferred . 
Paris Convention, Article 6 quater  (note also 
TRIPS  Article  21 which requires permitting transfer 
with or without the corresponding business).  Covered by Article  26 of Annex III  to the Bangui 
Agreement:  
(1) The registered owner may renounce its mark at 
any time following the registration thereof, either 
wholly or in respect of part of the goods or services 
for which the mark is registered.  
(2) Renunciation shall be notified by registered letter 
with acknowledgement of receipt to the Organization, 
which shal l enter it in the Special Register and shall 
publish it.  
(3) If a license has been recorded in the Special 
Register of Marks, renunciation shall be entered only 
on submission of a declaration by which the licensee 
consents to the renunciation, except where  the said 
licensee has expressly waived that right in the licence 
contract.  
Trademarks duly registered in a Member must be 
accepted for filing in other Members, with certain 
reservations . Paris Convention, Article  6quinquies.  Covered by 25 of Annex III to the Bangui Agreement:  
(1) Where an application for registration of a mark 
has been filed with the Organization, or where 
registration has taken place, the applicant or the 
owner  of the mark who is a national of a member 
State or who is domiciled or has a real and effective 
industrial or commercial establishment  there, may 
ensure the protection of his mark in the territory of 
the contracting parties to the Protocol Relating to the 
Madrid Agreement Concerning the International 
Registration of Marks, adopted on 27 June 1989 and 
amended on 3 October  2006 and 1 2 November  2007. 
(2) The implementation procedures for the Protocol 
Relating to the Madrid Agreement are laid down in 
implementing regulations . WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Protection of service marks is required . 
Paris Convention, A rticle 6 sexties (note also 
TRIPS  Article  15). Covered by Article  22 of the Bangui Agreement:  
The registration of a mark shall be valid for ten years 
from the filing date of the application for registration ; 
however, the ownership of a mark may be preserved  
indefinitely through successive renewals of the 
registration, which may be effected every ten years.  
Trademark owners shall be able to oppose or request 
cancellation of a registration of their trademarks 
applied for by their agent or representative witho ut 
their authorization, unless the agent or representative 
justifies his action . Paris Convention, Article 6 septies.  Covered by Article  15 of the Bangui Agreement:  
 
(1) Any interested party may oppose the registration 
of a trademark  by sending to the Organ ization, within 
a period of three months from the publication of the 
application mentioned in Article 14 above, a written 
statement setting out the reasons for his opposition, 
which reasons must be  based on an infringement 
either of the provisions of Artic les 2 and 3 of th e 
present  Annex , or of a prior right  belonging to the 
opposing party . An earlier application or an 
application benefiting from an earlier priority date 
may also constitute grounds for opposition . 
 
(2) The Organization shall send a copy of the 
statement of opposition to the applicant  or to his 
agent , who may reply, setting out his reasons, within 
a period of three months, renewable once only , on 
request . The reply shall be forwarded to the opponent 
or to his representative.  
 
(4) An appeal fr om the Organization 's decision on the 
opposition shall lie to  the High Commission of Appeal 
within a period of 60 days from th is decision being 
notified to  the interested parties.  
The nature of the goods to which a trademark is 
applied may in no case be a n obstacle to the 
registration of the trademark. Paris Convention, 
Article 7 (Note also TRIPS  Article  15.4 applies this 
standard to services)  
 Covered by Article 3, Annex III, Bangui Agreement:  
 
"A mark may not be validly registered if:  
 
(a) it is devoid o f distinctiveness, notably owing to the 
fact that it consists of signs or matter constituting the 
necessary or generic designation of the product or the 
composition thereof;  
 
(b) it is identical to a mark that belongs to another 
owner and is already regist ered, or the filing or 
priority date of which is earlier, and which relates to 
the same or similar goods or services, or where it so 
resembles such a mark that it is liable to mislead or 
confuse;  
 
(c) it is contrary to public policy, morality or the law;  
 
(d) it is liable to mislead the public or business circles, 
notably as to the geographical origin, nature or 
characteristics of the goods or services in question;  
 
(e) it reproduces, imitates or incorporates armorial 
bearings, flags or other emblems, the a bbreviated 
name or acronym or an official sign or hallmark 
indicating control and warranty of a State or 
intergovernmental organization established by an 
international convention, except where the competent 
authority of that State or of that organization h as 
given its permission."  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Registration must be permitted of collective marks 
belonging to associations, the existence of which is 
not contrary to the law of the country of origin, even 
where the association is not established in the country 
where protecti on is being sought . Paris Convention, 
Article 7 bis. Covered by Article  35, Annex III , Bangui Agreement : 
 
(1) The rules of use set the terms  of use of a 
collective mark or collective certification mark.  
 
(2) Collective marks and collective certification mar ks 
whose rules of use are contrary to public policy or 
morality shall not benefit from the protection afforded 
by this Annex.  
 
(3) Any amendments to the said rules that are 
contrary to public policy or morality shall likewise be 
rejected by the Organizatio n. 
Trade names must be protected without the necessity 
of registration, whether or not the names are part of 
a trademark. Paris  Convention, Article 8.  Covered by Article 10, Annex III, Bangui Agreement : 
 
(1) For every application for registration of a tra de 
name, the Organization shall register and publish the 
trade name, after having ascertained that it is not 
contrary to the provisions of Article 2, that it has been 
correctly filed and that the prescribed fees have been 
paid. 
 
(2) The registration shall have effect as from the date 
of filing.  
 
(3) Any filing that does not conform to the provisions 
of Article 2 shall be rejected.  
 
(4) Any application in respect of which the conditions 
of form referred to in Article 6, with the exception of 
letter (b), have  not been observed is irregular. The 
irregularity shall be notified to the applicant or to his 
agent, who shall be invited to put the documents in 
order within a period of three months following the 
date of notification. That period may be extended by 
30 days in a case of proven necessity at the request 
of the applicant or his agent. An application thus put 
in order within the said period shall retain the date of 
the original application.  
 
(5) Where rectified documents are not produced 
within the period all owed, the application for 
registration of the trade name shall be rejected.  
 
(6) Rejection shall be pronounced by the 
Director  General and notified to the applicant.  
 
(7) No application m ay be rejected under 
paragraphs  (3), (5) and (6) of this Article with out the 
opportunity having been given to the applicant or his 
agent to rectify it to the extent and according to the 
procedures and forms prescribed.  
 
(8) Notwithstanding the aforementioned provisions, 
the Organization may correct obvious clerical errors i n 
the applications.  
 
(9) Within 60 days from the date of notification of the 
rejection, the applicant may appeal to the High 
Commission of Appeal. There shall be no right of 
appeal from the decision of the High Commission of 
Appeal.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Seizure on importation  or exclusion is required for 
goods bearing a trademark or trade name without 
authorization, unless a Member's laws provide for 
neither remedy, in which case domestic actions and 
remedies must be available . Paris Convention, 
Article  9. Covered by Article 3 2, Annex III, Bangui Agreement : 
 
(1) Any person entitled to bring an action for  
infringement may refer the matter to the competent 
national court in a summary manner  so that the court 
may order , on the pain of a fine , against the  alleged 
infringer or the i ntermediaries whose services it uses, 
any measure intended to prevent an imminent 
infringement of  the rights conferred by the 
registration certificate  or the continuation of  alleged 
acts of infringement.  
(2) The competent national court may also order any 
urgent measures ex parte where  the circumstances 
require  that these measures b e taken without 
opposition, especially where  any delay would  cause 
irreparable harm to the complainant . In either case, 
the court may order the requested measures only if 
the ele ments of proof, rea sonably accessible to the 
complainant , make it probable that the complainant's  
rights  are infringed or that such infringement is 
imminent.  
(3) The competent national court may prohibit the 
continuation of allegedly infringing acts, make the 
continuation of such acts subject to the provision of 
security designed to ensure the indemnification of the 
complainant  or order the seizure or the turning over 
to a third party of the products suspected of infringing 
the rights conferred by the title , so as to prevent 
them from being introduced into or circulated on 
commercial circuits.  
(4) Whether in summary proceedings or ex parte, the 
competent national court  may make the execution of 
the measures it orders subject to the provision by the 
complaina nt of security designed to ensure the 
indemnification of the defendant in the event that  the 
infringement action is subsequently judged unfounded 
or the measures are cancelled.  
(5) Where the measures taken to stop an 
infringement are ordered prior to the i ntroduction of a 
substantive action, the complainant  must take action , 
under either civil or criminal law , within a  
period of ten days from the day after the day when 
the measure is practised . Failing this, at the request 
of the defendant, and without him having to justify 
his request, the ordered measures will be cancelled 
without prejudice to any damages that may be 
claimed.  
The obligation of Article 9 also applies to the direct or 
indirect use of false indications of source of goods, or 
false indication  of the producer, manufacturer, or 
merchant of such goods . Paris Convention, Article 10 . Covered by Article 5, Annex VI,  Bangui Agreement : 
 
The following shall not be protected as geographical 
indications:  
 
(a) indications which do not correspond to the 
definition in Article 1(a);  
(b) indications which are contrary to public policy or 
morality or those which are liable to deceive the 
public as to the nature, the source, the manufacturing  
process, the characteristic qualities or the suitability 
for their pur pose of the goods concerned;  
(c) indications which are not protected in their 
country of origin or have ceased to be protected in 
that country.  
Protection is required against unfair competition, 
including against acts that create confusion of various 
kinds about the goods or activities of a competitor, 
that consist of false allegations about a competitor, or 
that are apt to mislead the public regarding a 
competitor's goods.  Paris Convention, Article 10 bis.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Appropriate legal remedies are required to be a ssured 
to nationals of other Members effectively to repress 
actions referred to in Articles 9, 10 and 10 bis, and 
federations and associations representing foreign 
businesses are to be allowed to take action in court 
and before administrative authorities to  repress such 
acts, in so far as domestic entities can take such 
action . Paris Convention, Article 10 ter. Covered by Article 3 .3 and 4 of the  Bangui 
Agreement : (3) Foreigners shall enjoy the benefits of 
this Agreement and its Annexes on the same terms as 
nationals.  (4) The provisions of paragraph 3 above 
apply to foreigners who are not nationals of a State 
party to an international convention to which the 
Organization or any of its member States is party, or 
foreigners whose principal place of business or 
domicile is not located in such a State , subject to 
reciprocity . 
Temporary protection consistent with domestic 
legislation, must be afforded to patentable inventions, 
utility models, industrial designs and trademarks in 
respect of goods exhibited at offici al or officially 
recognized international exhibitions held in their 
territory . Paris Convention, Article 11.  Covered by point 3( i) of the preamble to the Bangui 
Agreement : 
(3) Concerned  to promote training and the 
dissemination of knowledge in the area of intellectual 
property;  
Undertake, for that purpose, to accede to : 
(i) the Paris Convention for the Protection of Industrial 
Property of 20 March  1883, as revised at Stockholm 
on 14 July 1967, and as amended on 28 September  
1979.  
An industrial property ser vice must be established as 
well as a central office for the communication to the 
public of patents, utility models, industrial designs 
and trademarks, the service including the publication 
of a periodic journal of the names of patent owners 
with a brief d esignation of their inventions, and the 
reproduction of trademarks . Paris Convention, 
Article  12. Covered by Article 7, Annex I, Bangui Agreement : 
 
(1) The Organization shall publish , according to the 
terms specified in the Implementing Regulations:  
 
(a) any application for a title;  
 
(b) any title granted;  
 
(c) any subsequent procedural document ; 
 
(d) any act amending or assigning the rights under 
titles.  
 
(2) Titles granted by the Organization are published in 
the Official Industrial Property Bulletin  (BOPI). 
 
(3) Any publication of the Organization shall be 
addressed to the administration of each of the 
member States responsible for industrial property, 
literary and artistic property or new plant varieties, as 
the case may be.  
Paris Convention, Article 19 , authorizes Paris  Union 
countries to enter into separate and special industrial 
property agreements among themselves, so long as 
those agreements do not contravene the provisions of 
the Paris  Convention.  Covered by point 3 (i) of the preamble to the Bangui  
Agreement:  
(3) Concerned to promote training and the 
dissemination of knowledge in the area of intellectual 
property;  
Undertake, for that purpose, to accede to:  
(i) the Paris Convention for the Protection of Industrial 
Property of 20 March  1883, as revise d at Stockholm 
on 14 July 1967, and as amended on 28 September  
1979.  
Copyright and Related Rights  Citation to copyright and related laws  
Compliance with Articles 1 through 21 of the 
Berne  Convention for the Protection of Literary and 
Artistic Works ("Ber ne Convention") with the 
exception of Article 6 bis of the Berne  Convention . 
TRIPS Article  9.1. 
The following items specify these Berne  Convention 
standards in detail in the context of TRIPS (no 
reference is made to obligations separately 
undertaken by coun tries as Parties to the 
Berne  Convention and members of the Berne Union).  Covered by point 3 (ii) of the preamble to the Bangui 
Agreement : 
(3) Concerned to promote training and the 
dissemination of knowledge in the area of intellectual 
property;  
Undertake, for that purpose, to accede to:  
(ii) the Berne Convention for the Protection of Literary 
and Artistic Works of 9 September  1886, as revised at 
Paris on 24 July 1971, and/or the Universal Copyright 
Convention as revised at Paris on 24 July 1971, and 
as amen ded on 28 September  1979.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
"Literary and artistic works" are defined as "every 
production in the literary, scientific and artistic 
domain, whatever may be the mode or form of its 
expression", giving examples . Berne Convention, 
Article 2.  
Limitations relate d to speeches are provided in 
Article  2bis. "Work" means any literary or artistic creation within 
the meaning of Article 4.1 of Annex  VII to the Bangui 
Agreement:  
 
"(1) This Annex shall apply to literary and artistic 
works, hereinafter referred to as : "works", 
constituting original creations of the mind in the 
literary, artistic or scientific  fields, such as : 
 
(i) works expressed in writing, including computer 
programs;  
(ii) lectures, addresses, sermons and other works 
composed of words and expressed  orally ; 
(iii) musical works, whether or not accompanied by 
words;  
(iv) dramatic and dramatico -musical works;  
(v) choreographic works and mimed works;  
(vi) audiovisual works;  
(vii) works of fine art : drawings, paintings, sculptures, 
engravings and lithographs;  
(viii) works of architecture;  
(ix) photographic works;  
(x) works of applied art;  
(xi) illustrations, maps, plans, sketches and 
three -dimensional works relating to  geography, 
topography, architecture or science;  
(xii) traditional cultural expressions . 
Protec tion is to be provided to the works of authors 
who are nationals of Members and to works of 
nationals of non -Member countries if those works are 
published in a Member simultaneously with 
publication in the non -Member country . 
Berne Convention, Article  3. Covered by point 3 (ii) of the preamble  to the Bangui 
Agreement:  
(ii) the Berne Convention for the Protection of Literary 
and Artistic Works of 9 September  1886, as revised at 
Paris on 24 July 1971, and/or the Universal Copyright 
Convention as revised at Par is on 24 July 1971, and 
as amended on 28 September  1979.  
Protection must be provided to cinematographic 
works if the maker has headquarters or a habitual 
residence in a Member ; and to works of architecture 
or artistic works incorporated into a building or  
structure located in a Member . Berne Convention, 
Article 4.  Covered by point 3(ii) of the preamble  to the Bangui 
Agreement:  
(ii) the Berne Convention for the Protection of Literary 
and Artistic Works of 9 September  1886, as revised at 
Paris on 24 July 1971, and/or the Universal Copyright 
Convention as revised at Paris on 24 July 1971, and 
as amended on 28 September  1979.  
Authors enjoy the rights required by the 
Berne  Convention and any other rights a country 
provides works on a national treatment basis wi thout 
being subject to any formalities . Berne Convention, 
Article  5. Covered by point 3 (ii) of the preamble to the Bangui 
Agreement:  
(ii) the Berne Convention for the Protection of  Literary 
and Artistic Works of 9  September  1886, as revised at 
Paris on 24 July 1971, and/or the Universal Copyright 
Convention as revised at Paris on 24 July 1971, and 
as amended on 28 September  1979.  
The term of protection for copyright is required to run 
for 50 years following the death of the author . 
Special  terms are author ized for cinematographic 
works, anonymous or pseudonymous works, 
photographic works and works of applied art . 
Berne Convention, Article  7. Covered by Article 27, Annex VII , Bangui Agreement : 
 
"Except as otherwise provided in this Chapter, the 
economic righ ts in a work shall be protected during 
the lifetime of the author and for 50 years after his 
death.  
 
Moral rights are perpetual . After the expiry of 
protection of the economic rights, the national 
collective rights administration body shall be entitled 
to ensure compliance with the moral rights for the 
benefit of the authors ". WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Authors of protected works have the exclusive right to 
make or authorize the making of translations of their 
works . Berne Convention, Article 8.  Covered by Article 8, Annex VII , Bangui Agreement : 
 
"(1) An author shall enjoy the exclusive right to 
exploit his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclus ive right to 
perform or authorize the following acts:  
 
(i) reproduction of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his work;  
 
(iii) distribution of copies of his work to the public by 
means of sale or any other trans fer of ownership or 
by rental or lending;  
 
(iv) performance of his work in public.  
 
(2) The rental right referred to in paragraph (1) (iii) 
shall not apply to the rental of computer programs in 
those cases where the program itself is not the 
essential subje ct matter of the rental" . 
Authors have the exclusive right to authorize 
reproduction of the work in any manner or form with 
only limited exceptions that do not conflict with the 
normal exploitation of the work and do not 
unreasonably prejudice the legitim ate interests of the 
author . Berne Convention, Article 9.  Covered by Article 8, Annex VII , Bangui Agreement : 
 
"(1) An author shall enjoy the exclusive right to 
exploit his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to t he 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to 
perform or authorize the following acts:  
 
(i) reproduction of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his wo rk; 
 
(iii) distribution of copies of his work to the public by 
means of sale or any other transfer of ownership or 
by rental or lending;  
 
(iv) performance of his work in public.  
 
(2) The rental right referred to in paragraph (1)(iii)  
shall not apply to the  rental of computer programs in 
those cases where the program itself is not the 
essential subject matter of the rental" . 
Certain "free uses of works" are permissible, subject 
to certain requirements . Berne Convention, 
Articles  10 and 10 bis. Notwithstandin g the provisions of Article  9, and 
subject to those of paragraph (2) of this Article and 
those of Article 58, it shall be permitted, without the 
consent  of the author and without payment of 
remuneration, to reproduce a lawfully published work 
exclusively f or the private use of the user.  
Article 11, Annex  VII. WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Authors of dramatic, dramatico -musical and musical 
works and any translation thereof and authors of 
literary and artistic works, have the exclusive right to 
authorize the public performance of their w orks, 
including by broadcast, public recitation and any 
communication to the public, in some respects subject 
to certain limitations . Berne Convention, Articles 11, 
11bis, and 11 ter. Covered by Article 8, Annex VII , Bangui Agreement : 
 
"(1) An author shall enjoy the exclusive right to 
exploit his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to 
perform or authorize th e following acts:  
 
(i) reproduction of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his work;  
 
(iii) distribution of copies of his work to the public by 
means of sale or any other transfer of ownership or 
by rental or len ding; 
 
(iv) performance of his work in public.  
 
(2) The rental right referred to in paragraph (1)(iii) 
shall not apply to the rental of computer programs in 
those cases where the program itself is not the 
essential subject matter of the rental" . 
Authors o f literary or artistic works have the exclusive 
right to authorize adaptations, arrangements and 
other alterations of their works . Berne Convention, 
Article 12.  Covered by Article 8, Annex VII , Bangu i Agreement : 
 
"(1) An author shall enjoy the exclusive r ight to 
exploit his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to 
perform or authorize the following acts:  
 
(i) reproduction of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his work;  
 
(iii) distribution of copies of his work to the public by 
means of sale or any other transfer of ownership or 
by rental or lending;  
 
(iv) performan ce of his work in public.  
 
(2) The rental right referred to in paragraph (1)(iii) 
shall not apply to the rental of computer programs in 
those cases where the program itself is not the 
essential subject matter of the rental" . 
Reservations and conditions on  the exclusive 
recording right granted to authors of musical works 
that are recorded, and to authors of words that are 
recorded with the musical work, are permitted . 
Berne Convention, Article 13.  Covered by Article 12, Annex VII , Bangui Agreement : 
 
"Notwit hstanding the provisions of Article  8, it shall be 
permitted, without the consent of the author and 
without payment of remuneration, but subject to the 
requirement of stating the source and the name of the 
author if such name is given in the source, to use  a 
lawfully published work as an illustration in 
publications, broadcasts or sound or visual recordings 
intended for teaching."  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Authors of literary and artistic works have the 
exclusive right to authorize the cinematographic 
adaptation and reproduction of  their works and the 
distribution, public performance and communication 
to the public of the adaptation or reproduction, 
without the limitations authorized under Article 13(1) . 
Berne Convention, Article 14.  Covered by Article 8, Annex VII , Bangui Agreement : 
 
"(1) An author shall enjoy the exclusive right to 
exploit his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to  
perform or authorize the following acts:  
 
(i) reproduction of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his work;  
 
(iii) distribution of copies of his work to the public by 
means of sale or any other transfer of owner ship or 
by rental or lending;  
 
(iv) performance of his work in public.  
 
(2) The rental right referred to in paragraph (1)(iii) 
shall not apply to the rental of computer programs in 
those cases where the program itself is not the 
essential subject matter of  the rental" . 
A cinematographic work is to be protected as an 
original work without prejudice to any work that is 
adapted or reproduced and the author of the 
cinematographic work is to enjoy the same rights as 
the author of any other work . Berne Conventio n, 
Article 14 bis. Covered by Article  3, Annex VII, Bangui Agreement:  
 
(1) The author of any original intellectual work shall, 
by the mere fact of its creation, enjoy an exclusive 
incorporeal property right in the work which shall be 
exclusive and enforceab le against all persons . This 
right includes attributes of a moral nature, as well as 
attributes of a patrimonial nature, as determined by 
the present Annex . 
(2) The protection deriving from the rights laid down 
in paragraph (1), hereinafter referred to as 
"protection ", shall begin with the creation of the work.  
 
A work shall be deemed to have been created, 
irrespective of any material fixation and public 
disclosure, by the mere fact of the personal realization 
of the author 's concept, even if incomplete.  
 
Also considered a created work , are photographic 
works or any other work deriving from a realization 
carried out using an automatic procedure.  
"Droit de suite" is required in connection with 
subsequent sales of works of art and manuscripts . 
Berne Conventi on, Article 14 ter. Covered by Article  9, Annex VII, Bangui Agreement:  
 
(1) Authors of graphic and three -dimensional works, 
and of manuscripts, shall have an inalienable right, 
regardless of any transfer of the original work, to 
participate in the proceeds of any sale of such work or 
manuscript by public  auction or through a dealer, 
whatever the conditions under which the transaction 
was carried out by the latter.  
(2) The above provision shall not apply to works of 
architecture or to works of applied  art. 
(3) The conditions for exercising such right, as also 
the rate of participation in the proceeds of sale, shall 
be determined by the competent national authority.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Ownership of a work, for purposes of litigation, is 
presumed to be that which appears on the wo rk in the 
usual manner . Berne Convention, Article 15.  Covered by Article  38, Annex VII, Bangui Agreement:  
(1) In the absence of proof to the contrary, the author 
is the person under whose name or pseudonym the 
work is disclosed.  
(2) In the case of an anony mous work or of a 
pseudonymous work, except where the pseudonym 
leaves no doubt as to the identity of the author, the 
publisher whose name appears on the work shall be 
deemed, in the absence of proof to the contrary, to 
represent the author and, in that ca pacity, to be 
entitled to protect and ensure compliance with the 
rights of the author . This paragraph shall cease to 
apply when the author reveals his identity and proves  
his authorship.  
Infringing copies of a work are subject to seizure 
whether domestica lly produced or imported . 
Berne Convention, Article 16.  Covered by Article  75, Annex VII, Bangui Agreement:  
The competent national court may also:  
(a) order confiscation of the seized revenue on behalf 
of the holder of the infringed rights;  
(b) order confi scation and destruction of infringing 
works and of the equipment that has served to 
commit the infringement;  
(c) order the provisional or definitive closure of the 
establishment in which the work has been published, 
reproduced, formed or communicated or an y other 
place in which the infringement has been committed;  
(d) order publication of the sentence at the expense 
of the person sentenced.  
Apply copyright protection to all works which, at the 
moment TRIPS becomes effective, have not fallen into 
the public  domain through the expiry of the term of 
protection in the country of origin, or in the country 
where protection is claimed . Berne Convention, 
Article  18.1 and  18.2. Covered by Article  3, Annex VII, Bangui Agreement:  
(1) The author of any original intelle ctual work shall, 
by the mere fact of its creation, enjoy an exclusive 
incorporeal property right in the work which shall be 
exclusive and enforceable against all persons . This 
right includes attributes of a moral nature, as well as 
attributes of a patrimo nial nature, as determined by 
the present Annex . 
(2) The protection deriving from the rights laid down 
in paragraph (1), hereinafter referred to as 
"protection ", shall begin with the creation of the work.  
A work shall be deemed to have been created, 
irresp ective of any material fixation and public 
disclosure, by the mere fact of the personal realization 
of the author 's concept, even if incomplete.  
Also considered a created work, are photographic 
works or any other work deriving from a realization 
carried ou t using an automatic procedure.  
Members are entitled to provide greater protection 
than that required by the Berne  Convention . 
Berne Convention, Article 19.  Covered by point 3(ii) of the preamble to the Bangui 
Agreement : Undertake, for that purpose, to ac cede 
to: 
(ii) the Berne Convention for the Protection of Literary 
and Artistic Works of 9 September  1886, as revised at 
Paris on 24 July 1971, and/or the Universal Copyright 
Convention as revised at Paris on 24 July 1971, and 
as amended on 28 September  1979. 
Members may enter into special agreements among 
themselves to provide more extensive rights than 
those provided by the Berne  Convention . 
Berne Convention, Article 20.  
(The 1996 WIPO Copyright Treaty (WCT) is an 
agreement concluded within the meaning of  Article 20 
of the Berne Convention, but adherence to the WCT is 
not a TRIPS  obligation.)  Covered by point 3( ii) of the preamble to the Bangui 
Agreement : Undertake, for that purpose, to accede 
to: 
(ii) the Berne Convention for the Protection of Literary 
and Artistic Works of 9 September  1886, as revised at 
Paris on 24 July 1971, and/or the Universal Copyright 
Convention as revised at Paris on 24 July 1971, and 
as amended on 28 September  1979.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Protect computer programs, whether in source or 
object code, as literary works under the Berne 
Convention . Compilations of data, whether in machine 
readable or other form are to be protected if they 
constitute intellectual creations . TRIPS Article 10.  Covered by Article  3, Annex VII, of the Bangui 
Agreement:  
(1) The au thor of any original intellectual work shall, 
by the mere fact of its creation, enjoy an exclusive 
incorporeal property right in the work which shall be 
exclusive and enforceable against all persons . This 
right includes attributes of a moral nature, as wel l as 
attributes of a patrimonial nature, as determined by 
the present Annex.  
(2) The protection deriving from the rights laid down 
in paragraph (1), hereinafter referred to as 
"protection ", shall begin with the creation of the work.  
A work shall be deemed to have been created, 
irrespective of any material fixation and public 
disclosure, by the mere fact of the personal realization 
of the author 's concept, even if incomplete.  
Also considered a created work, are photographic 
works or any other work deriving f rom a realization 
carried out using an automatic procedure.  
Provide rental rights at least for computer programs 
and cinematographic works with certain exceptions . 
TRIPS Article 11.  Covered by Article  8.1.iii, Annex VII, Bangui 
Agreement:  
(1) An author sh all enjoy the exclusive right to exploit 
his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to 
perform or authoriz e the following acts:  
(iii) distribution of copies of his work to the public by 
means of sale or any other transfer of ownership or 
by rental or lending.  
Provide a term of protection of 50 years from the 
death of the author (Berne Article 7.1 and 
TRIPS  Article 9.1) ; or, for works where the term is not 
measured on the basis of the life of the author, a 
term of 50 years from the end of the calendar year of 
authorized publication, or, if not published within 
50 years from the making of the work, 50 years from  
the end of the calendar year of making . 
TRIPS Article  12. Covered by Article 26, Annex VII, Bangui Agreement:  
Except as otherwise provided in this Chapter, the 
economic rights in a work shall be protected during 
the lifetime of the author and for 50 years  after his 
death.  
Moral rights are perpetual . After the expiry of 
protection of the economic rights, the national 
collective rights administration body shall be entitled 
to ensure compliance with the moral rights for the 
benefit of the authors.  
Confine li mitations and exceptions to exclusive rights 
to certain special cases which do not conflict with a 
normal exploitation of the work and do not 
unreasonably prejudice the right holder's legitimate 
interests . TRIPS Article 13.  Covered by Article  25, Annex VII , Bangui Agreement:  
The exceptions listed in this Chapter must not 
prejudice the normal exploitation of  the work or cause 
unwarranted prejudice to the legitimate interests of 
the author.  
Provide performers with the right for 50 years from 
the date of a pe rformance to prevent unauthorized 
fixation of their unfixed performances and of 
reproductions of such fixations and to prevent the 
unauthorized broadcast by wireless means and 
communication to the public of their live 
performances . TRIPS Article 14.1 and 1 4.5. Covered by Article  64, Annex VII, Bangui Agreement:  
(1) The term of protection for performances is 
20 years as from:  
(i) the end of the year of fixation for performances 
fixed on a phonogram;  
(ii) the year in which the performance took place for 
performances that are not fixed;  
(2) Where the performance has been fixed on an 
audiovisual fixation or videogram , the term of 
protection is 50 years as from the end of the year of 
fixation . 
Provide phonogram producers with the right for 
50 years from the date  of first authorized fixation to 
prohibit unauthorized reproduction of their 
phonograms, directly or indirectly, and to prohibit 
rental of copies of their phonograms once sold or 
otherwise distributed . TRIPS Article  14.2, 14.4 
and 14.5. Covered  by Article  65, Annex VII, Bangui Agreement : 
The term of protection for phonograms and 
audiovisual fixations or videograms under this part of 
the Annex shall be 50 years as from the end of the 
year of fixation.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Providing broadcasting organizations with the 
exclusive rights for 20 years of fixation, reproduction 
of fixations, and rebroadcasting by wireless means of 
their broadcasts and the communication to the public 
of broadcasts of their broadcasts or provide to the 
owners of the copyright in the material broadcast t he 
possibility of exercising such rights . TRIPS Article  14.3 
and 14.5.  Covered by Article  66, Annex VII, Bangui Agreement : 
The term of protection for broadcasts under this part 
of the Annex shall be 25 years as from the end of the 
year in which the broadca st took place.  
Trademarks  Citation to appropriate law  
Provide eligibility for trademark or service mark 
protection for any sign, or combination of signs 
capable of distinguishing the goods or services of one 
undertaking from those of other undertakings . 
TRIPS Article 15.1.  Covered by Article  4, Annex II I, Bangui Agreement:  
(1) Subject to the provisions set forth below, 
ownership of a mark shall vest in the person who files 
it first . A mark may be acquired in co -ownership.  
(2) No person may claim exclusive  ownership of a 
mark by performing the acts specified in the 
provisions of this Annex unless he has filed it for 
registration in accordance with the conditions 
prescribed in Article 9 below.  
Not deny registration for a mark based solely on the 
nature of t he goods or services to which a trademark 
is to be applied . TRIPS Article 15.4.  Covered by Article  7, Ann ex III, Bangui Agreement:  
(1) Registration of the mark does not confer on its 
owner the right to prohibit a third party from making 
use in good faith o f his name or address, a 
pseudonym, a geographical name or accurate 
information concerning the nature, quality, quantity, 
purpose, value, place of origin or time of production 
of his goods or rendering of his services in so far as 
the use in question is li mited to the purpose of mere 
identification or information and cannot mislead the 
public as to the source of the goods or services.  
(2) Registration of a mark does not confer on its 
owner the right to prohibit a third party from making 
use of the mark in r elation to goods that have been 
lawfully sold under the mark on the territory of a 
member State or on the territory of a third -party 
State, on condition that the goods have not 
undergone any alteration.  
Trademarks must be published before or promptly 
after registration to permit opposition or opportunity 
to apply for cancellation . TRIPS Article 15.5.  Covered by Article  21, Annex II I, Bangui Agreement:  
(1) The Organization shall publish the particulars 
referred to in Article 20 above, including the name 
and address of the agent, where applicable, for every 
certificate of registration issued . Those particulars 
shall be entered in the Special  Register of Marks.  
(2) The Implementing R egulations shall establish and 
determine the conditions of publication.  
Provide trademark owners the exclusive right to 
prevent unauthorized use of identical or similar marks 
for similar goods or services of other parties if 
confusion is likely to result . TRIPS Article 16.1.  Covered by Article  6.2.a and point 3.a and b, 
Annex  III, Bangui Agreement:  
(2) Except when authorized by the owner, no one 
may: 
(a) Reproduce, use or affix a mark, even with the 
addition of words such as "formula, style, system, 
imitation, kind or method", or use a mark reproduced, 
for goods or services identica l to those covered by the 
registration.  
(3) Except when authorized by the author, no one 
may: 
(a) Reproduce, use or affix a mark, or use a mark 
reproduced, for goods or services similar to those 
covered by the registration;  
(b) imitate a mark or use an imi tated mark, for 
products or services identical or similar to those 
covered by the registration.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Presume confusion where an identical mark is used 
without authorization on identical goods or services . 
TRIPS Article 16.1.  Covered by Article  16.1, Annex III,  Bangui 
Agreement:  
(1) Where a mark has been filed by a person who at 
the time of filing knew, or should have known that 
another person had a prior right to use the said mark, 
the person entitled to the registration certificate may 
file a claim of ownershi p of the same mark with the 
Organization, within three months following the 
publication of the record of the first filing.  
Provide protection for well -known trademarks and 
service marks in accordance with Article  6bis of the 
Paris Convention, even where u se is on goods or 
services which are not similar to those in respect of 
which a trademark is registered if the latter use would 
imply a connection with the right holder and such use 
would be likely to damage the right holder's interests . 
TRIPS Article 16.2  and 16.3.  Covered by Article  5, Annex III, Bangui Agreement:  
The owner of a well -known mark within the meaning 
of Article 6bis of the Paris  Convention for the 
Protection of Industrial Property and Article 16, 
paragraphs (2) and (3), of the Agreement on 
Trade-Related Aspects of Intellectual Property Rights 
may apply to the court s for the invalidation, on the 
national territory of one of the member States, of the 
effects of the filing of a mark liable to be confused 
with his own . Such action may not be taken  after a 
period of five years has expired following the date of 
the application in so far as the latter was filed in good 
faith. 
Limited exceptions to the rights conferred by a 
trademark, such as fair use of descriptive terms, are 
permitted under the cond itions set  out in 
TRIPS  Article 17.  Covered by Article  7, Annex III , Bangui Agreement:  
(1) Registration of the mark does not confer on its 
owner the right to prohibit a third  
party from making use in good faith of his name or 
address, a pseudonym, a geogra phical  
name or accurate information concerning the nature, 
quality, quantity, purpose, value, place of  
origin or time of production of his goods or rendering 
of his services in so far as the use in  
question is limited to the purpose of mere 
identification or information and cannot mislead the  
public as to the source of the goods or services.  
(2) Registration of a mark does not confer on its 
owner the right to prohibit a third party from making 
use of the mark in relation to goods that have been 
lawfully sol d under the mark on the territory of a 
member State or on the territory of a third -party 
State, on condition that the goods have not 
undergone any alteration.  
Provide a period of protection for registration of at 
least seven years, renewable indefinitely . 
TRIPS Article  18. Covered by Article  22, Annex III, Bangui Agreement:  
The registration of a m ark shall be valid for only 
ten years from the filing date of the application for 
registration ; however, the ownership of a mark may 
be preserved indefinitely thr ough successive renewals 
of the registration, which may be effected every 
ten years.  
Allow cancellation for non -use only after a period of 
three years of uninterrupted non -use unless valid 
reasons exist for the non -use, including government 
restrictions o f use. TRIPS Article 19.1.  Covered by Article  27.1.a., Annex III, Bangui 
Agreement:  
(1) At the request of any interested party, the 
competent national court may make a finding of 
invalidity and order the cancellation of any registered 
mark which : (a) for an uninterrupted period of 
five years prior to the request, has not been used on 
the national territory of one of the member States, 
except where the registered owner has legitimate 
reasons for having failed to use it.  
No unjustified encumbering of the use  of a trademark 
by special requirements . TRIPS Article 20.  Covered by Article  27.2., Annex III, Bangui 
Agreement:  
(2) The burden of proof regarding use of the mark 
shall rest with the owner . Use of a mark by another 
person shall be recognized as use of the  mark, 
subject to endorsement by the owner . The same shall 
apply to use of the mark in a modified form that does 
not change its distinctive character.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
May establish conditions for licensing but compulsory 
licensing not permitted and owner of registered ma rk 
must be able to assign it with or without transfer of 
business . TRIPS Article 21.  Covered by Article  32, Annex III, Bangui Agreement:  
(1) The owner of a mark may, by contract, grant to a 
person, whether natural person or legal entity, a 
license enabling  him to use the said mark for all or 
some of the goods or services in respect of which the 
mark is registered.  
(2) The duration of the license may not be longer than 
that of the registration of th e mark.  
(3) The license contract shall be drawn up in writin g 
and signed by the parties on pain of invalidity.  
(4) The license contract shall be entered in the 
Special Register of Marks of the  Organization.  
It shall not be enforceable against third parties until it 
is entered in the said Register and published in t he 
form specified in the Implementing Regulations . 
(5) The license shall be cancelled from the Register at 
the request of the owner of the mark or the licensee 
on presentation of proof of the expiry or termination 
of the licence contract.  
(6) In the absenc e of provisions to the contrary in the 
license contract, the grant of a license shall not 
preclude the licensor from either granting licenses to 
other persons, subject to notifying the licensee, or 
from using the mark himself.  
(7) The grant of an exclusive  license shall preclude 
the licensor from granting licences to other persons 
and, in the absence of provisions to the contrary in 
the license contract, from using the mark himself.  
Geographical Indications (GIs)  Citation to appropriate law or laws  
Provid e means, with certain exceptions, to prevent 
use of GIs for goods where a given quality, reputation 
or other characteristic of a good is attributable to its 
origin, if such use misleads the public as to the origin 
of the good or constitutes an act of unfai r 
competition . TRIPS Article 22.1 and 22.2.  Covered by Article s 4 and 5.b, Annex VI, Bangui 
Agreement:  
(4) Geographical indications shall be protected as 
such if they have been registered by the Organization 
or are to be treated as having been registered b y 
virtue of an international convention to which the 
member States are party.  
(5) The following shall not be protected as 
geographical indications:  
(b) indications which are contrary to public policy or 
morality or those which are liable to deceive the 
public as to the nature, the source, the manufacturing 
process, the characteristic qualities or the suitability 
for their purpose of the goods concerned.  
Refuse to register, or invalidate registrations of, 
trademarks containing a GI if their use would mislea d 
the public as to the origin of the good, except in 
instances in which such marks have been used in a 
continuous manner for at least ten years or in 
good faith before 15  April 1994. TRIPS Article 22.3.  Covered by Article  5, Annex VI, Bangui Agreement:  
The following shall not be protected as geographical 
indications:  
(a) indications which do not correspond to the 
definition in Article 1(a);  
(b) indications which are contrary to public policy or 
morality or those which are liable to deceive the 
public as to the nature, the source, the manufacturing 
process, the characteristic qualities or the suitability 
for their purpose of the goods concerned;  
(c) indications which are not protected in their 
country of origin or have ceased to be protected in 
that country.  
Protect against use of GIs, even when literally true, 
but which falsely represent to the public that the 
goods originate in another territory . 
TRIPS Article  22.4. Covered by Article  6.4 Annex of the Bangui 
Agreement:  
(4) It shall be unlawful to use in the  designation or 
presentation of a product any means that infers or 
suggests that the product concerned originates in a 
geographical area other than its true place of origin in 
a manner likely to mislead the public as to the 
geographical origin of the produ ct. WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Provide means, with certain exceptions, to prevent 
use of GIs for wines and spirits on wines and spirits 
not originating from the place indicated in the GI, 
even if the use is accompanied by expressions such as 
"kind", "type," "style", etc. T RIPS Articles 23.1 
and 24. Covered by Article  5, Annex VI, Bangui Agreement:  
(5) The following shall not be protected as 
geographical indications:  
(a) indications which do not correspond to the 
definition in Article 1(a);  
(b) indications which are contrary to publi c policy or 
morality or those which are liable to deceive the 
public as to the nature, the source, the manufacturing 
process, the characteristic qualities or the suitability 
for their purpose of the goods concerned;  
(c) indications which are not protected in their 
country of origin or have ceased to be protected in 
that country.  
Refuse or invalidate, with certain exceptions 
trademark registrations containing GIs for wines and 
spirits not having the origin indicated by the GI . 
TRIPS Articles 23.2 and 24.  Covered by Article  6, Annex VI, Bangui Agreement:  
(4) It shall be unlawful to use in the designation or 
presentation of a product any means that infers or 
suggests that the product concerned originates in a 
geographical area other than its true place of orig in in 
a manner likely to mislead the public as to the 
geographical origin of the product . 
Industrial Designs  Citation to appropriate law  
Provide, with certain exceptions, protection for new or 
original, independently created industrial designs . 
TRIPS Article 25.1.  Covered by Article  4, Annex IV, Bangui Agreement:  
(1) Only designs deposited in the proper manner shall 
enjoy the benefits of this Annex.  
(2) The ownership of a design shall vest in the person 
who created it or in his successors in title, but in  the 
absence of proof to the contrary the first applicant 
shall be presumed to be the creator of the design.  
(3) Where several persons have jointly created an 
industrial design, the right to the certificate of 
registration shall belong to them jointly ; the title is 
issued to them in co-ownership.  
Ensure that requirements for securing protection for 
textile designs are not prohibitive of such protection . 
TRIPS Article 25.2.  Covered by point 3(xi) of the preamble to the Bangui 
Agreement:  
(3) Concerned to pro mote training and the 
dissemination of knowledge in the area of intellectual 
property;  
Undertake, for that purpose, to accede to:  
(xi) the Marrakesh Agreement Establishing the World 
Trade Organization, including the Agreement on 
Trade -Related Aspects of In tellectual Property Rights, 
of 15 April 1994.  
Exceptions to design rights should be limited, not 
unreasonably conflicting with normal exploitation or 
producing the owner's legitimate interest, taking 
account of legitimate third party interests . 
TRIPS Article 26.2.  Covered by Article  7.d. Annex IV, Bangui Agreement : 
Industrial design rights do not extend to:  
(d) Reproduction for use in citations or teaching, 
provided that such acts do not prejudice the normal 
exploitation of the design, and that mention is made 
of the registration and the name of the owner of the 
rights.  
Protection should amount to at least ten years . 
TRIPS Article 26.3.  Covered by Article  19, Annex IV, Bangui Agreement:  
(1) Subject to the provisions of paragraph (2) below, 
the term of the protection conferred by a certificate of 
registration of an industrial design shall expire at the 
end of the fifth year following the filing date of the 
application for registration.  
(2) The registration of a design may be renewed for a 
further two consecu tive periods  of five years at the 
request of the owner and up on payment of a renewal 
fee the amount of which shall be fixed by regulation.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Patents (including plant variety protection)  Citation to appropriate law  
Provide patents for any inventions, whethe r products 
or processes, in all fields of technology if they are 
new, involve an inventive step and are industrially 
applicable . Exclusions are permitted for inventions 
that are methods of treatment, and plants and 
animals, except for microorganisms and 
non-biological and microbiological processes . 
Exclusions are also permitted for reasons of 
ordre  public  and morality . TRIPS Article 27.  Covered by Article  4, Annex X, Bangui Agreement:  
In order to enjoy the protection afforded by this 
Annex, a variety shall be: 
(a) new; 
(b) distinct;  
(c) uniform;  
(d) stable ; and 
(e) given a denomination devised in accordance with 
the provisions of Article  23. 
Provide protection of plant varieties either by patents 
or by an effective sui generis  system, or by any 
combination thereof . TRIPS Article  27.3(b).  Covered by Article  2, Annex X, Bangui Agreement:  
(1) The breeding of a new plant variety shall give the 
breeder the right to a protection title known as a 
"plant variety certificate ". 
(2) Plant variety protection shall be ob tained by 
registration.  
(3) A plant variety certificate shall be granted for one 
variety only.  
Provide patent owners with the right to prevent others 
from making, using, offering for sale, selling or 
importing a patented product or from using a patent 
process or using, offering for sale, selling or importing 
a product produced directly obtained by using such 
process . TRIPS Article 28.1.  Covered by Article  31, Annex X, Bangui Agreement:  
(1) Under the conditions and within the limits laid 
down in this Annex,  the plant variety  certificate 
confers on its owner the exclusive right to exploit the 
variety to which it relates.  
(2) Under the conditions and within the limits laid 
down in this Annex, a plant variety  certificate also 
confers on its owner the right to p rohibit any person 
from exploiting the  variety to which it relates.  
(3) The owner of a plant variety certificate moreover 
has the right to assign or transfer  the certificate by 
succession and to conclude licensing contracts.  
(4) Subject to Article 39 , the owner of a plant variety 
certificate has the right, in  addition to all other rights, 
remedies and actions at his disposal, to institute legal 
proceedings  against any person who infringes the 
rights that the plant variety certificate confers on the 
said owner by performing, without his consent, any of 
the acts referred to in Article 32.1 , or who  performs 
acts that make it probable that an infringement will 
be committed.  
(5) The owner of a plant variety certificate also has 
the right, in addition to all other  rights, remedies or 
actions at his disposal, to institute legal proceedings 
against any person  who uses a design ation in 
violation of Article 26.4  or who in violation of 
Article  26.5 fails to use a variety denomination.  
Give patent owners the right to as sign the rights in 
the patent, or transfer the rights by succession, or 
license them . TRIPS Article 28.2.  Covered by Article  36, Annex I, Bangui Agreement:  
(1) The rights subsisting in an application for a patent 
or in a patent shall be transferable in who le or in part.  
They may, in whole or in part, be subject to the grant 
of an exclusive or non -exclusive licence of use.  
(2) Acts involving transfer of ownership, the licensing 
of the right of exploitation or the assignment of that 
right, or a pledge or canc ellation of a pledge, in 
respect of an application for a patent or a patent, 
shall, on pain of invalidity, be evidenced in writing.  
Require applicants to disclose the invention so that 
one skilled in the art can carry it out and may require 
indication of the best mode and information on 
corresponding foreign applications . TRIPS Article 29.  Covered by Article  3.2, Annex I, Bangui Agreement:  
(2) Prior art shall consist of everything made available 
to the public, in any place and by any means or 
method, befor e the filing date either of the patent 
application or of a patent application filed abroad the 
priority of which has been validly claimed.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Ensure that any exceptions to exclusive patent rights 
are limited, do not unreasonably conflict with normal 
exploita tion of the patent and do not unreasonably 
prejudice the legitimate interests of the patent owner, 
taking third party interests into account . 
TRIPS Article  30. Covered by Article  7.1.a., Annex I, Bangui 
Agreement:  
(1) The rights deriving from the patent sh all not 
extend:  
(a) to the offer, importation, stocking or use, in the 
territory of a member State, of the patented product 
after the product has been lawfully placed on the 
market of any country by the patent holder or with his 
explicit consent.  
Patents can be subject to compulsory licences or use 
by governments provided the conditions enumerated 
in Article 31 are met . TRIPS Article  31. Covered by Article  58, Annex I, Bangui Agreement:  
(1) Where a patent is of vital interest to the economy 
of the country,  public health or national defence , or 
where non -working or insufficient working of such a 
patent seriously compromises the satisfaction of the 
country 's needs, it may be made subject, by an 
administrative enactment of the competent Minister of 
the member State concerned, to the non -voluntary 
licenc e regime.  
(2) The said administrative enactment shall specify , 
following negotiation between the parties concerned , 
the beneficiary administration or organization:  
(a) the duration of the licence;  
(b) the scope o f the licence, in particular the 
authorized acts of exploitation, including importation, 
product quantities, and the territorial coverage of the 
licence;  
(c) the amount of royalties payable . 
(3) In the absence of amicable agreement between 
the owner of the  patent and the administration 
concerned on the licence conditions  describ ed in 
paragraph (2) above, the  conditions are set by the 
competent Minister of the member State . Such 
conditions may, however, be revised by the 
competent national court seized of th e case by the 
earliest petitioner . 
Option of providing a special compulsory licence for 
export of medicines, subject to certain requirements. 
2005 Protocol amending TRIPS (introducing 
Article  31bis) and related 2003 waiver.  Covered by point (xi) of the pr eamble to the Bangui 
Agreement:  
(xi) the Marrakesh Agreement Establishing the World 
Trade Organization, including the Agreement on 
Trade -Related Aspects of Intellectual Property Rights, 
of 15 April 1994. 
Provide an opportunity for judicial review of decis ions 
to revoke or forfeit a patent . TRIPS Article 32.  Covered by Article  44.2., Annex I, Bangui Agreement:  
(2) The patentee concerned shall however be allowed 
a six-month period of grace within which he may still 
validly pay the annual fees . In that case, he shall also 
pay an additional fee.  
Provide a patent term of at least 20 years from the 
filing date . TRIPS Article 33.  Covered by Article  8, Annex I, Bangui Agreement:  
The patent shall expire at the end of the 20th calendar 
year following the filing date  of the application, 
subject to the provisions of Article s 30 and 44 . WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Provide judicial authorities with the authority to shift 
the burden of proof in process patent infringement 
actions to the defendant in instances in which the 
product produced by the pr ocess is new or where it is 
substantially likely that the identical product was 
made using the process and the patent owner has 
been unable through reasonable efforts to determine 
the process used . TRIPS Article 34.  Covered by Article  67, Annex I, Bangui A greement:  
(1) For the purposes of the civil procedure for 
violation of the owner's rights referred to in Article 1, 
if the subject matter of the patent is a process for 
making a product, the judicial authority shall be 
authorized to order the defendant to prove that the 
process used to make an identical product is different 
from the patented process in one of the following 
situations:  
(a) the product made by the process is new;  
(b) there is a strong probability of the identical 
product having been made by m eans of the process 
and of the owner of the patent having been unable, in 
spite of reasonable effort, to establish what process 
was actually used.  
(2) Consideration shall be given, in the presentation 
of evidence to the contrary, to the legitimate interest s 
of the defendant insofar as the protection of his 
business secrets is concerned.  
Layout -desig ns (topographies) of 
integrated  circuits  Citation to appropriate law  
Provide protection for original layout -designs of 
integrated circuits that are registered or have been 
commercially exploited anywhere in the world . 
Articles 3, 4, 5, and 7 of the Washington  Treaty as 
incorporated into TRIPS  Article 35.  Covered by Article  2, Annex IX, Bangui Agreement : 
(1) Layout -designs of integrated circuits may be 
protected under this Annex if, and to  
the extent that, they are original within the meaning 
of Article 3 below.  
(2) A registration may be applied for only if the 
layout -design has not yet been commercially 
exploited or, if commercially exploited, for not more 
than t wo years anywhere in the world . 
Make unlawful, except in certain circumstances, the 
reproduction, importation, sale or other distribution 
for commercial purposes of a protected layout -design 
or an integrated circuit embodying such design or an 
article con taining such an integrated circuit . Article 6 
of the Washington Treaty and TRIPS Article 36.  Covered by Article  7, Annex IX, Bangui Agreement:  
The protection afforded under this Annex shall be 
independent of the fact whether  the integrated circuit 
incorpor ating the protected layout -design is or is not 
itself incorporated  in an article . Subject to the 
provisions of Articles 8 and 20, the following acts shall 
be unlawful when carried out without the 
authorization of the holder:  
(a) the act of reproducing, whe ther by incorporation 
in an integrated circuit or  
otherwise, a protected layout -design in its entirety or 
any part thereof, except the act of  
reproducing any part that does not fulfil the 
requirement of originality referred to in Article 3;  
(b) the act of importing, selling or otherwise 
distributing for commercial purposes a  
protected layout -design, an integrated circuit in which 
a protected layout -design is  incorporated or an article 
in which such integrated circuit is incorporated to the 
extent that it  continues to contain a layout -design 
that is unlawfully reproduced.  
Provide such protection for a term of  ten years from 
the filing of an application for registration or from first 
commercial exploitation . TRIPS Article 38.  
 Covered by Article  9.2, Annex IV , Bangui Agreement:  
(2) The protection afforded a layout -design under this 
Annex shall cease at the end of the tenth calendar 
year following the date on which it took effect . 
Protection of undisclosed information  Citation to appropriate law or laws  
Provide protection for undisclosed information that is 
secret (not generally known or readily ascertainable) ; 
has commercial value because of its secrecy, and has 
been subject to reasonable steps to keep it secret . 
TRIPS Article 39.2.  Covered by Article  6.1.2.3 ., Annex VII, Bangui 
Agreement:  
(1) Any act or practice which, in the course of 
industrial or commercial activities, leads to the 
disclosure, acquisition or use by third parties of 
confidential information without the consent of the 
person legally entitled  to possess such information 
(hereinafter referred to as "the lawful holder "), in a 
manner contrary to honest commercial practice, shall 
constitute an act of unfair competition.  
 WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
(2) The disclosure, acquisition or use of confidential 
information by a third  party without the consent of 
the lawful holder may, in particular, result from the 
following acts:  
(a) industrial or commercial espionage;  
(b) breach of contract;  
(c) breach of trust;  
(d) instigation to commit one of the acts referred to in 
subparagraphs (a) to (c); 
(e) acquisition of confidential information by a third 
party who knew that such acquisition involved one of 
the acts referred to in subparagraphs (a) to (d) above  
or whose ignorance of that fact constituted gross 
negligence.  
(3) For the purpose s of this Article, information shall 
be considered "confidential " when  
(a) in its totality or in the configuration or exact 
assembly of its elements, it is not generally known to 
persons belonging to the circles that normally deal 
with that type of informa tion or is not readily available 
to them;  
(b) it has a commercial value because it is 
confidential ; and 
(c) its lawful holder has taken reasonable precautions, 
in view of the circumstances, to keep it confidential.  
When submission of test data is required  for 
marketing approval of pharmaceutical or agricultural 
chemicals utilizing a new chemical entity, protect such 
test data in accordance with TRIPS  Article 39.3.  Covered by point (xi) of the preamble to the Bangui 
Agreement:  
(xi) the Marrakesh Agreement E stablishing the World 
Trade Organization, including the Agreement on 
Trade -Related Aspects of Intellectual Property Rights, 
of 15 April 1994.  
Enforcement  Citation to appropriate law or laws  
- General Provisions   
Make available the specified enforcement procedures 
so as to provide for effective action against 
infringement of IP rights while avoiding the creation of 
barriers to legitimate trade and providing safeguards 
against their abuse . TRIPS Article 41.1.  Covered by point (2) of the p reamble of the Ban gui 
Agreement:  
(Concerned to protect intellectual property rights on 
their territories in as effective and uniform a manner 
as possible)  
Provide enforcement procedures that are fair and 
equitable and are not unnecessarily complicated or 
costly and do not entail unreasonable time -limits or 
unwarranted delays . TRIPS Article 41.2.  Covered by point (2) of the preamble of the Bangui 
Agreement : 
(Concerned to protect intellectual property rights on 
their territories in as effective and uniform a manner 
as possib le) 
Provide that decisions on the merits of a case be 
preferably in writing, with the reasons explained, and 
based only on the evidence presented in the case to 
the parties . TRIPS Article 41.3.  Covered by Article 20.2.3 and 4, Annex I, Bangui 
Agreement:  
(2) The Organization shall send a copy of the 
statement of opposition to the applicant or to his 
agent, who may reply, setting out his reasons, within 
a period of three months, renewable once only, on 
request . The reply shall be forwarded to the opponent 
or to his representative.  
(3) Before taking a decision on the opposition, the 
Organization shall, on request, hear the parties or 
their agents.  
(4) Where the Organization considers the opposition 
to be substantiated : 
(a) for certain claims or for the reasons  set forth in 
Articles 9 and 17, it shall submit  the patent 
application for review ; (b) for all claims or for the 
reasons set forth in Articles 2 to 5, it shall terminate  
the review of the application.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Provide for review by judicial bodies of final 
admini strative decisions and of at least the legal 
aspects of initial judicial decisions on the merits of a 
case. TRIPS Article 41.4.  Covered by  Article 20 .1, Annex I, Bangui Agreement : 
(1) Any interested party may oppose the grant of a 
patent or certificate of addition by sending to the 
Organization, within a period of three  months from 
the publication of the app lication mentioned in 
Article  19 above, a written statement setting out the 
reasons for his opposition, which must be based on an 
infringement either of  the provisions of Articles 2 , 3, 
4, 5, 9 or 17  of the present Annex, or of a prior right 
belonging to the opposing party.  
- Civil and Administrative Procedures and 
Remedies   
Provide a procedure that allows plaintiffs to bring an 
action for infringement ; requires that defendants be 
notified ; permits both side to present evidence in 
support of their position ; and protects confidential 
information . TRIPS Article 42.  Covered by Article 67, Annex I, Bangui Agreement : 
(1) For the purposes of the civil procedur e for 
violation of the owner 's rights referred to in Article 1, 
if the subject matter of the patent is a process for 
making a product, the judicial authority shall be 
authorized to order the defendant to prove that the 
process used to make an identical pro duct is different 
from the patented process in one of the following 
situations:  
(a) the product made by the process is new;  
(b) there is a strong probability of the identical 
product having been made by means of the process 
and of the owner of the patent h aving been unable, in 
spite of reasonable effort, to establish what process 
was actually used.  
(2) where evidence to the contrary is produced, the 
legitimate interests of the defendant in regard to 
protection of his trade and manufacturing secrets  
shall be  preserved . 
Authorize judges 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 . TRIPS Article 43.1.  Covered by Article 68.1, Annex I, Bangui Agreeme nt: 
(1) On request, the competent national court seized 
of the case may order, if necessary on the pain of a 
fine, so as to determine the origin and distribution 
networks of the goods or processes that infringe the 
rights of the complainant , the submission  of all 
documents or information held by the defendant or by 
any person found to be in possession of infringing 
products or carrying out infringing procedures or who 
provides services used in infringing activities or who 
has been identified as someone invo lved in the 
production, manufacturing or distribution of these 
products, the carrying out of these processes or the 
provision of these services.  
Authorize judges to enjoin a defendant from infringing 
intellectual property rights, with certain exception 
possible . TRIPS Article 44.1 and 44.2.  Covered by Article 64.3 of the Bangui Agreement : 
(3) The competent national court may prohibit the 
continuation o f the allegedly infringing acts, make the 
continuation of such acts subject to the provision of 
security designed to ensure the indemnification of the 
complainant , or order the seizure or the turning over 
to a third party of the products suspected of infringing 
the rights conferred by the title, so as to prevent 
them from being introduced into or circulated on 
commercial circuits.  
Authorize judges to order the payment of monetary 
damages adequate to compensate for the injury done 
by the infringement . TRIPS Article 45.1.  Covered by Article 69, Annex I , Bangui Agreement : 
The court  determines the amount of mone tary 
damages, taking into account the negative econo mic 
consequences , including loss of earnings, suffered by 
the injured party ; the profits made by the infringer ; 
and the moral damage that the infringement has 
caused to the owner of the rights.   
Authoriz e judges to order infringer to pay right 
holders enforcement costs and recovery of profits 
and/or statutory damages . TRIPS Article 45.2.  Covered by Article 75.5, Annex I, Bangui Agreement:  
(5) The measure s provided for in this Article shall be 
ordered at the expense of the infringer.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Authorize additional remedies including seizure of 
infringing goods, and the materials and implements 
the predominant use of which is infringement . 
TRIPS Article  46. Covered by Article 65.1.2., Annex I, Bangui 
Agreement:  
(1) Anyone able to bring an infringement action may 
either make a detailed description, with or without the 
taking of samples, of the goods or processes  allegedly 
infringed , or seize these goods and processes, in any 
place, including at the border . 
(2) The inf ringement seizure is made by bailiffs or 
public or ministerial officials, including customs 
officials, if necessary with the aid of experts proposed 
by the complainant, in pursuance of an order issued 
on request and on presentation of the patent by the 
competent national court . Where applicable , the 
customs authorities shall inform the complainant and 
the importer, without delay, of the execution  of the 
ordered measures.  
Authorize indemnification of defendant, including 
attorneys' fees in the event of abus e by plaintiffs . 
TRIPS Article 48.1.  Covered by Article 69, Annex I, Bangui Agreement : 
The court seized of the case shall determine  the 
amount of monetary damages, taking into account 
the negative economic consequences , including loss of 
earnings, suffered  by the injured party ; the profits 
made by the infringer ; and the moral damage that the 
infringement has caused to the owner of the rights.  
Exempt public authorities and officials from liability in 
connection with the administration of intellectual 
proper ty laws only where the actions are taken or 
intended in good faith within the scope of the relevant 
authority . TRIPS Article 48.2.  Covered by Article 61.1.3., Annex I, Bangui 
Agreement:  
(1) Where a patent has been granted or acquired in 
violation of the ri ghts of the inventor or his successors 
in title or in violation of a legal or treaty obligation, 
the injured person may claim ownership of the patent.  
(3) However, in the event of bad faith at the time of 
the granting  or acquisition of the  patent, the 
prescriptive period shall be three years as from the 
expiry of the patent.  
Ensure that administrative remedies conform to the 
principles in the preceding Articles . TRIPS Article  49. Covered by Article 59.2, Annex I , Bangui Agreement : 
(2) The competent nationa l court, when dealing with 
an action for infringement, shall rule on the  
arguments put forward by the accused in his defence, 
such as the alleged invalidity or forfeiture of the 
patent or questions relating to ownership of the said 
patent.  
- Provisional M easures   
Authorize judges to grant temporary restraining 
orders and provisional relief to prevent infringement 
and to preserve evidence . TRIPS Article  50.1. Covered by Article s 57.2 and 5, Annex II, Bangui 
Agreement:  
(2) The competent national court may a lso order any 
urgent measures ex parte where the circumstances 
require that these measures be taken without 
opposition, especially where any delay would cause 
irreparable harm to the complainant.  In either case, 
the court may order the requested measures o nly if 
the elements of proof, reasonably accessible to the 
complainant, make it probable that the complainant's 
rights are infringed or that such infringement is 
imminent.  
(5) Where the measures taken to stop an 
infringement are ordered prior to the introd uction of a 
substantive action, the complainant must take action, 
under either civil or criminal law, within a  
period of ten days from the day after the day when 
the measure is practised . Failing this, at the request 
of the defendant, and without him havin g to justify 
his request, the ordered measures will be cancelled 
without prejudice to any damages that may be 
claimed.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Authorize judges to require the complaining party to 
indemnify the defending party against harm if the 
decision on the merits finds the provisional relief 
unjustified . TRIPS Article 50.3.  Covered by Article 57.3 , Annex II , Bangui Agreement : 
(3) The competent national court may prohibit the 
continuation of the allegedly infringing acts, make the 
continuation of such acts subject to the prov ision of 
security designed to ensure the indemnification of the 
complainant , or order the seizure or the turning over 
to a third party of the products suspected of infringing 
the rights conferred by the certificate, so as to 
prevent them from being introdu ced into or circulated 
on commercial circuits.  
Provide for notice, for formal action by the plaintiff 
after temporary restraining orders, etc. T RIPS 
Article  50.4. Covered by Article 62.6 , Annex II , Bangui Agreement : 
(6) The right holder, the importer or t he exporter 
shall be informed of the withholding without delay .  
- Special requirements related to border 
measures   
Provide for suspension of release by customs 
authorities of goods suspected of bearing a 
counterfeit trademark or of being a pirated 
copyr ighted work, at the request of a right holder . 
Members are authorized to extend such protection to 
holders of other forms of intellectual property . 
TRIPS Article 51.  Covered by Article 62.5 of the Bangui Agreement : 
(5) The customs authorities may ex offici o withhold  
goods where they have they have prima facie 
evidence that the goods infringe the rights of the 
holder of a utility model registration certificate . These 
authorities may, at any time, seek from the right 
holder any information that may help them to 
exercise their powers . 
Require right holders initiating border measures to 
provide evidence of a prima facie infringement and a 
description of the goods sufficiently detailed for 
customs authorities to recognize them . The right 
holder must be notified within a reasonable time that 
action will be taken on his behalf . TRIPS Article 52.  Covered by Article 67.1, Annex I,  Bangui Agreement : 
(1) For the purposes of the civil procedure for 
violation of the owner's rights referred to in Article 1, 
if the subject  matter of the patent is a process for 
making a product, the judicial authority shall be 
authorized to order the defendant to prove that the 
process used to make an identical product is different 
from the patented process in one of the following 
situations : (a) the product made by the process is 
new; (b) there is a strong probability of the identical 
product having been made by means of the process 
and of the owner of the patent having been unable, in 
spite of reasonable effort, to establish what process 
was actually used.  
Authorize authorities to require the right holder 
requesting border measures to post a bond sufficient 
to protect the defendant and to prevent abuse . 
TRIPS Article 53.  Covered by Article 77 .5, Annex I, Bangui Agreement : 
After the expiry o f the ten -day period provided for in 
paragraph 3 above, where the decision to suspend the 
release of goods into free circulation does not 
emanate from a judicial body or an independent 
authority , the owner, the importer or the consignee of 
the goods has th e right to suspend the ordered 
decision to detain the goods by posting a security . 
Require prompt notification of the right holder and the 
importer when action under TRIPS Article 51 is taken . 
TRIPS Article 54.  Covered by Article 77.1, Annex I, Bangui Agr eement : 
(1) The customs administration may, at the written 
request of any interested person  accompanied by 
proof of his right, withhold in the course of its 
inspections  the goods that this person suspects are 
infringing.  
Require that customs a uthorities b e notified within 
ten days of the receipt of notice that proceedings on 
the merits have begun or the suspension is to be 
revoked . TRIPS Article 55.  Covered by Article 77.3, Annex I, Bangui Agreement : 
(3) The withholding measure shall be revoked 
automatical ly unless , within ten working days of being 
notified  of the detention of the goods , the 
complainant  can show to the satisfaction of the 
customs authorities that:  
Authorities must be authorized to require the right 
holder to compensate the importer or owne r of the 
goods subject to border measures if goods were 
wrongfully detained or if proceedings leading to a 
decision on the merits are not begun within the 
allotted time . TRIPS Article 56.  Covered by Article 77.5, Annex I, Bangui Agreement : 
(5) After the ex piry of the ten -day period provided for 
in paragraph 3 above, where the decision to suspend 
the release of goods into free circulation does not 
emanate from a judicial body or an independent 
authority, the owner, the importer or the consignee of 
the goods has the right to suspend the ordered 
decision to detain the goods by posting a security.  WT/ACC/COM/8/Rev.1  
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  TRIPS Agreement  Union of the Comoros  
Right holders must be allowed to inspect the detained 
goods in order to substantiate the right holder's 
claims . Importers must be given similar authority . 
Members may  give the right holder the names and 
addresses of those involved in the importation when 
infringement is found to exist . TRIPS Article 57.  Covered by Article 77.1 and 4, Annex I, Bangui 
Agreement : 
(1) The customs administration may, at the written 
request of any interested person accompanied by proof 
of his right, withhold in the course of its inspections 
the goods that this person suspects are infringing . 
(4) For the purpose of the institution of the legal 
actions referred to in the foregoing paragraph, th e 
complainant  may require the customs administration to 
communicate the names and addresses of the sender, 
the importer and the consignee of the goods withheld 
and the quantity thereof, notwithstanding the 
provisions concerning the professional secrecy to which 
all officials of the cu stoms administration are bound.  
Establish the conditions that must be in place if 
customs authorities are authorized to act ex officio , 
including the ability to ask the right holder for 
information at any time ; the requirement  to notify the 
importer promptly of the suspension ; and the 
requirement that public officials be liable if they act in 
bad faith . TRIPS Article  58. Covered by Article 78.1, Annex I, Bangui Agreement : 
(1) The customs authorities may ex officio  withhold  
suspected goods where they have prima facie 
evidence that the goods are infringing . These 
authorities may, at any time, seek from the right 
holder any information that may help them to 
exercise their powers.  
Competent authorities must be able to order 
destruc tion or disposal other than by re -export of 
infringing goods where appropriate . TRIPS Article 59.  Covered by Article 75.4, Annex I, Bangui Agreement . 
Members are authorized to except from border 
measures small quantities of infringing goods of a 
non-comme rcial nature carried in personal luggage or 
shipped in small consignments . TRIPS Article 60.  Covered by Article 78.1, Annex I, Bangui Agreement:  
(1) The customs authorities may ex officio  withhold  
suspected goods where they have prima facie 
evidence that t he goods are infringing . These 
authorities may, at any time, seek from the right 
holder any information that may help them to 
exercise their powers.  
- Criminal Procedures   
Provide criminal procedures and penalties, sufficient 
to act as a deterrent, for w ilful trademark 
counterfeiting or copyright piracy on a commercial 
scale. Authorizes extension of criminal procedures to 
infringements of other forms of intellectual property 
where they are committed wilfully and on a 
commercial scale . TRIPS Article 61.  Covered by Article 71, Annex I, Bangui Agreement : 
Infringement shall be liabl e to a prison term of one to  
three years and a fine of 5,000,000 to 
30,000,000  CFA francs or either of these penalties, 
without prejudice to civil damages.  
Administration of IP rig hts  
Procedures and formalities for acquisition or 
maintenance of IP rights should be reasonable and 
consistent with TRIPS . TRIPS Article 62.1.  Covered by point (xi) of the preamble to the Bangui 
Agreement:  
Undertake, for that purpose, to accede to:  
(xi) the Marrakesh Agreement Establishing the World 
Trade Organization, including the Agreement on 
Trade -Related Aspects of Intellectual Property Rights, 
of 15 April 1994.  
Procedures for grant or registration of IP rights should 
permit the granting or registra tion of the right within 
a reasonable period of time so as to avoid 
unwarranted curtailment of the period of protection . 
TRIPS Article 62.2.  Covered by point (xi) of the preamble to the Bangui 
Agreement:  
Undertake, for that purpose, to accede to:  
(xi) the Marrakesh Agreement Establishing the World 
Trade Organization, including the Agreement on 
Trade -Related Aspects of Intellectual Property Rights, 
of 15 April 1994.  
Procedures for acquisition or maintenance of IP rights 
and any administrative revocation and  inter partes  
procedures such as opposition, revocation and 
cancellation, shall be governed by the general 
principles set out in paragraphs 2 and 3 of Article 41 . 
Final administrative decisions for such procedures shall 
be subject t o review by a judicial o r quasi -judicial 
authority (apart from unsuccessful opposition or 
administrative revocation, provided that invalidation 
procedures apply) . TRIPS Article 62.4 and  62.5. Covered by point (xi) of the preamble to the Bangui 
Agreement:  
Undertake, for that purpo se, to accede to:  
(xi) the Marrakesh Agreement Establishing the World 
Trade Organization, including the Agreement on 
Trade -Related Aspects of Intellectual Property Rights, 
of 15 April 1994.  
 
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