WORLD TRADE  
ORGANIZATION  IP/Q/ARM/1 
IP/Q2/ARM/1 
IP/Q3/ARM/1 IP/Q4/ARM/1 
14 April 2005 
 
(05-1539) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
  
REVIEW OF LEGISLATION 
 
ARMENIA
1 
 
 
 The present document reproduces the introductory statement made by the delegation of Armenia, the questions put to it and the responses gi ven in connection with th e review of legislation 
undertaken at the Council's meeting of 16 June 2004.
2 
 
 
_______________ 
 
 
I. INTRODUCTORY STATEMENT 
The Republic of Armenia would like to thank the Council for the opportunity to report on its 
implementation of the TRIPS Agreement.  This is the first time that the Republic of Armenia has had 
the opportunity to inform the Council of its activiti es related to intellectual property protection under 
the TRIPS Agreement.  
A. INTRODUCTION  
The first step taken by Armenia in the direction of intellectual property protection was the 
establishment of the Armenian Patent Office in 1992.  Since December 1992 it has been possible to 
file applications for patents in respect of inventio ns.  In August 1993 the Law on Patents was adopted 
and the issues on further legal protection of inventions  were regulated under the sa me law.  In order to 
register utility models and industrial designs, an  applicant not a national of Armenia and not 
domiciled in Armenia shall conduct his affairs through a patent attorney registered with the Armenian 
Patent Office.  During 1993-1994, the Armenian Pate nt Office received some 3,000 applications for 
trademarks and service marks.  From January 2 000 to January 2002 the Armenian Patent Office 
received 296 applications for inventions - out of which 273 were submitted by national applicants and 
23 by foreigners, and approximately 446 applicati ons for trademarks according to the National 
Procedure.  However, the reception of trademark a pplications for registration began after the issue of 
Resolution No. 4 of 19 August 1995, "On Confirmati on of the Temporary Regulations for Trademarks 
and Service Marks" and the Patent Office Order of 24 October 1995, "On re-registration of former 
Soviet Union valid certificates for trade and service marks." 
                                                      
1 As regards laws and regulations notified by Armeni a under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/ARM /1, IP/N/1/ARM/C/1, IP/N /1/ARM/I/1, IP/N/1/ARM/L/1, IP/N/1/ARM/O/1, 
and IP/N/1/ARM/P/1. 
2 The minutes of the meeting have been  circulated as document IP/C/M/44. IP/Q/ARM/1, IP/Q2/ARM/1,  
IP/Q3/ARM/1, IP/Q4/ARM/1 Page 2 
 
 
 In May 1997, the Armenian National Assemb ly adopted the Law on Trademarks, Service 
Marks and Appellations of Origin  of Goods, and the Law on Trade Names.  The provisions of the 
adopted laws were fully consistent with international norms in this ar ea.  A distinctive feature of the 
first of these Laws was the legal equality establis hed between trademarks and service marks.  
Amendments to the Criminal Code (to confirm the implementation of Articles 10
bis, 10ter of the Paris 
Convention and Articles 46, 47, 50, 61 of  the TR IPS Agreement), were enacted from the date of 
Armenia's accession to the WTO. 
Armenia acceded to the WTO on 5 February 2003,  having undertaken to apply the provisions 
of the TRIPS Agreement without recourse to any trans itional periods.  All legislation required to meet 
this undertaking was enacted prior to the date of Armenia's accession to the WTO. 
B. RESPONSIBLE AGENCIES FOR POLICY FORMULATION AND IMPLEMENTATION  
Policy formulation and implementation in the field of industrial property (patents, utility 
models, industrial designs, trademarks and service marks, trade names, layout designs of integrated circuits and appellations of origin) and copyrights is the responsibility of the Armenian Intellectual 
Property Agency acting within the Ministry of Tr ade and Economic Development.  The Intellectual 
Property Agency is responsible for approving indust rial property right applications, maintaining the 
State Register of industrial property rights, issui ng an official bulletin reflecting its decisions, and 
cooperating with foreign institutions and international organizations.  
C. P
ARTICIPATION IN INTERNATIONAL IN TELLECTUAL PROPER TY AGREEMENTS  
On 22 April 1993, Armenia became a Member of the World Intellectual Property 
Organization (WIPO).  On 17 May 1994, Armeni a also deposited a declaration of continued 
application of the Paris Convention for the Protecti on of Industrial Property, the Madrid Agreement 
concerning the International Registration of Mark s and the Patent Cooperation Treaty (PCT).  On 
27 February 1996, Armenia became a Member of th e Eurasian Patent Organization.  The National 
Assembly of the Republic of Armenia ratified th e Protocol relating to the Madrid Agreement 
concerning the International Registration of Mark s on 5 April 2000 and the Berne Convention for the 
Protection of Literary and Artistic Works on 3 Ma y 2000.  In 2003 the National Assembly of the 
Republic of Armenia ratified Ar menia's accession to the Rome Convention for the Protection of 
Performers, Producers of Phonograms and Broadcas ting Organizations and the Geneva Convention 
for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms. Six international agreements (t he WIPO Copyright Treaty (WCT), the WIPO 
Performances and Phonograms Treaty (WPPT), the Nice Agreement concerning the International 
Classification of Goods and Services for the Purposes of Registration of Marks, the Strasbourg Agreement Concerning International Patent Classifi cation, the Vienna Agreement Establishing an 
International Classification of the Figurative Elem ents of Marks, and the Budapest Treaty on the 
International Recognition of the Deposit of Microor ganisms for the Purposes of Patent Procedure) 
have been passed in the Constitutional Court of th e Republic and Armenia.  The above international 
agreements are awaiting consideration by the National Assembly of the Republic of Armenia.  
D. A
PPLICATION OF NATIONAL AND MFN  TREATMENT TO FOREIGN NATIONALS  
All persons enjoy equal rights under the law.  For example, the Law on Patents provides that 
all foreigners enjoy the same rights as nationals of Ar menia in relation to all patent matters, including 
protection of patents and legal remedies against infringement.  The Law on Trade and Service Marks 
and Appellations of Origin of Goods, and the La w on Trade Names similarly envisage full national 
and MFN treatment for foreigners.  This is also the case with respect to the Law on Copyright, and any future laws and regulations adopted in the s phere of intellectual property protection.  On  IP/Q/ARM/1, IP/Q2/ARM/1,  
 IP/Q3/ARM/1, IP/Q4/ARM/1  Page 3 
 
 
 20 November 2002 the National Assembly of the Re public of Armenia adopted the Law on Making 
Amendments in the Law on Copyright and Rela ted Rights concerning national treatment and 
retroactive protection of pre-existing works. 
E. F
EES AND TAXES  
Fees are payable upon filing of an application a nd granting of a patent.  Similar arrangements 
are in place for trademarks and service marks.  All fees are set so as to be limited in amount to the 
approximate cost of services rendered, and the granti ng and protection of industrial property rights is 
not subject to taxation, as any fee is collected on beha lf of the budget.  The fees for legal protection of 
Industrial property, established by the Law on State Duty of the Republic of Armenia, are identical for 
resident Armenians and non-residents. 
F. SUBSTANTIVE STANDARDS OF PROTECTION , INCLUDING PROCEDURES FOR THE ACQUISITION 
AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS  
1. Copyright protection 
The National Copyright Agency was establishe d in 1993. More than 2,000 authors and their 
artworks were registered with the Agency.  In  the framework of its activities the Agency also 
registered those organizations, which made use of ar tworks, such as theatres, concert organizations, or 
organizations using works of arts and crafts for industrial purposes.  Copyright policy implementation 
was the responsibility of the National Copyright Agency, which registered  copyrights, assisted 
individuals to secure copyrights,  provided advisory services, and collected and paid royalties due to 
authors and their successors in title.  In March 2002  the National Copyright Agency and the Patent 
Office were merged and the Intellectual Property Agen cy of the Republic of Armenia was established.  
On 19 January 2001, the Non-Governmental Organisation ARMAUTHOR was registered and 
operates as the collective management society, wh ich was entitled to continue the above-noted 
functions on economic rights previously carried out by the National Copyright Agency. 
In accordance with the Law on Copyright and Related Rights, which was adopted by the 
National Assembly in May 1996, the National Copyri ght Agency provided protection for copyrights 
in the territory of Armenia.  A new Law on Copyri ght and Related Rights was elaborated in accordance 
with the provisions of the Berne Convention on th e Protection of Literary and Artistic Works and 
entered into force on 20 January 2000.  It provides pr otection for rights in computer programs and data 
compilation, as well as in relate d rights, i.e., the rights of phono gram and videogram producers and 
broadcasting or ganizations. 
2. Trademarks, including service marks 
In May 1997 the Armenian National Assembly  adopted the Law on Trademarks, Service 
Marks and Appellation of Origin of  Goods entered into force.  The Law on Trade Names came into 
force in September 1997.  As mentioned earlier, a dis tinctive feature of the first of these Laws is the 
legal equality established between tr ademarks and service marks.  The Law sets out the terms and 
conditions of trademark protection, the kinds of trad emarks that may not be registered, the procedures 
for registering trademarks, the rights of appeal ag ainst decisions on trademarks, the circumstances in 
which trademarks may be used, and the documenta ry requirements for registering a trademark.  
Trademark protection is granted for 10 years, renewable for successive periods of 10 years.  The provisions of the Law are in full conformity with Articles 15, 16.1 and 17-21 of the TRIPS Agreement.  As regards the provisions of Article s 16.2 and 16.3 of the TRIPS Agreement concerning 
well-known trade and service marks, these are also taken into account in the Law on Trademarks, IP/Q/ARM/1, IP/Q2/ARM/1,  
IP/Q3/ARM/1, IP/Q4/ARM/1 Page 4 
 
 
 Service Marks and Appellations of Origin of Goods, and they were fully reflected in the new Law on 
Trademarks, Service Marks and Appellations of Orig in of the Goods which entered into force on 
15 April 2000. 
3. Geographical indications, including appellations of origin 
Although geographical indications had not explic itly been mentioned in Resolution No. 4 of 
19 August 1995, nor in the former Law on Trademar ks, Service Marks and Appellation of Origin of 
Goods of 1997, Articles 22 to 24 of the TRIPS Agreement are now fully reflected in the Law on Trademarks, Service Marks and Appellations of Orig in of Goods of 15 April 2000, as well as in the 
supplementary Article 1182.1 of the Civil Code of the Republic of Armenia, which entered into force 
in September 2002.  The relevant provisions in that  Law have been developed in compliance with the 
provisions of the Paris Convention (Articles 1(2), 10, 10 ter, 10bis, 6quinquies  B.3), the Madrid 
Agreement on the Repression of False or Deceptive I ndications of Source on Goods (Articles 1(1), 
1(2)), and the Lisbon Agreement for the Protection of Appellations of Origin and their International 
Registration (Articles 2(1), 2(2), 3, 6). 
4. Industrial designs 
Industrial designs are protected by the Law on Patents of December 1999, which replaced the 
previous Law on Patents of 1993.  In particular, Ar ticle 7 of the Law, which establishes the necessary 
conditions for patentability of industrial designs, is consistent with Articles 25 and 26 of the TRIPS 
Agreement.  There is also a similar reference in Article 1.1.3 of the Rules of Drawing Up, Filing and 
Consideration of Applications for Indus trial Design adopted on 31 August 2000. 
5. Patents 
The owner of a title deed (title of  protection patent or certificate)  for an invention or industrial 
design granted by the Patent Office of the Soviet Union, and which was still current, could file with 
the Armenian Patent Office for an Armenian pate nt at any time during the validity period of the 
exclusive rights (20 years after the initial filing for i nventions and 15 years for industrial designs).  In 
the ten-year period to 1990, residents of Armenia re gistered 6,000 inventions with the Patent Office of 
the Soviet Union. The Law on Patents specified the na ture of patentable subject matter, the conditions 
for patentability, the rights of patent holders, the conditions of compulsory licensing, the procedures 
for granting patents, and dispute settlement. 
The first Law on Patents was adopted in August 1993.  In November 1999 a new Law on 
Patents was adopted.  Under both the current and th e previous Laws on Patents, patents are granted 
for inventions, utility models and industrial designs.  The term of patents for inventions is 10 years for 
preliminary patents, which are granted on the basis of  a preliminary examination of the invention, and 
20 years when the patent is granted on the basis of  a substantive examination (principal patent).  
These periods are counted from the date of filing.  Patents for inventions are granted subject to 
requirements that the object of the patent is new,  involves an inventive step and is industrially 
applicable, and that no conflict arises with resp ect to public order and security, and good morals. 
The patent application is subject to formal ex amination, which is required to be carried out 
within two months from the filing date.  If the appli cation satisfies the formal requirements, it is laid 
open to public inspection for a period of four m onths from the date of publication, after which a 
preliminary patent is granted if there is no objecti on.  A principal patent is  granted depending on the 
results of substantive examination, which is carried  out upon the request of the applicant or the patent 
owner if a patent is granted.  The request is required to be filed within seven years of the date of filing 
of the patent application.  The request for substa ntive examination can be submitted within one year  IP/Q/ARM/1, IP/Q2/ARM/1,  
 IP/Q3/ARM/1, IP/Q4/ARM/1  Page 5 
 
 
 after the expiration of the said seven-year period,  providing the person requesting review pays an 
additional fee. 
In the interests of national security and in the public interests or in situations of emergency in 
the Republic of Armenia, as well as  in instances of public non-comme rcial use, the Government of the 
Republic of Armenia is empowered to use or authorize third parties to use an invention, utility model or 
industrial design without the consent of the patent  owner (compulsory licence), provided the patent 
owner is notified within 10 days and paid adequate  remuneration taking into account the circumstances 
of each case and the economic value of such authorization . 
The 1993 and 1999 Laws on Patents are in confor mity with Articles 27 to 34 of the TRIPS 
Agreement.  Amendments concerning compulsory  licensing were adopted on 26 November 1999. 
6. Plant variety protection 
The Law on Selection Achievements, ensuring the sui generis  protection of plant varieties 
was adopted on 23 November 1999 and entered into force on 27 December 2000.  
7. Layout designs of integrated circuits 
The Law on Protection of Layout Designs of Top ographies of Integrated Circuits was adopted 
on 3 February 1998 and entered into force on 14 March 1998.  
8. Requirements on undisclosed information, including trade secrets and test data 
Concerning the protection of trade secrets and undisclosed information, notably in view of 
Article 39 of the TRIPS Agreement, Armenia inco rporated provisions for the protection of trade 
secrets and undisclosed information in its Civil C ode (Article 141 and Chapter 68).  Legislation to 
cover the protection of undisclosed information in the form of the Law "On Protection of Economic 
Competition" covering both the regulation of unf air competition and protection of undisclosed 
information entered into force on 15 December 2000.  This Law established the Committee of 
Economic Competition.  This Committee is al so responsible for unfair competition.  
G. M
EASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS  
Appropriate measures to prevent or control a buse of intellectual property rights are contained 
in the Law "On Protection of Economic Competition" th at entered into force on 15 December 2000.    
For the purpose of combating restraints on trade and abuses of intellectual property rights, 
compulsory licensing is provided for under the La w on Patents.  Article 16 of the Law on Patents 
states that if an invention, a utility model or an indu strial design is not used or is insufficiently used 
within four years from the date of filing an app lication or three years from the grant of patent, any 
person who, on the expiry of the mentioned term, wishes to use the invention, utility model or 
industrial design, but had not succeeded in concludi ng a licence contract with the patent owner, can 
submit a request for a compulsory licence to the Gove rnment of the Republic of Armenia.  In this 
event, the licence would be granted, provided that the patent owner did not furnish evidence stating valid reasons for not using or insufficiently using the invention, utility model or the industrial design.  
Any dispute in respect of compulsory licence gran ting and amounts, order and terms of payments is 
required to be settled in the courts.   
Under the adopted Law on Trademarks, Service Marks and Appellation of Origin of Goods, 
at the request of any person trademark protection can  be nullified by a court decision, if a trademark IP/Q/ARM/1, IP/Q2/ARM/1,  
IP/Q3/ARM/1, IP/Q4/ARM/1 Page 6 
 
 
 has not been used within five years of the date of registration or preceding the date of request for 
nullification.  A trademark owner has the right to  defend the non-use of a trademark, and block a 
decision to remove the property right if the r easons for not using the trademark were beyond the 
control of the owner. 
H. E
NFORCEMENT  
1. Civil judicial procedures and remedies 
Civil court procedures are available to deal with  legal matters relating to intellectual property 
protection. The courts are empowered to order th e payment of damages and court expenses. Other 
remedies envisioned in the TRIPS Agreement are also within the decision-making authority of 
Armenian courts.   The civil courts in Armenia ar e fully empowered to provide the remedies referred 
to in Articles 42 to 49 of the TRIPS Agreement.  Civil remedies cannot be ordered as a result of 
administrative procedures.  Foreigners enjoy the sa me rights as Armenian nationals in this area. 
Remedies against criminal behaviour are availa ble under Armenia's courts and penal system. 
Foreigners have the same access to those remedies as Armenian nationals.  Additional provisions are 
included in the Civil Procedure and Criminal Pro cedure Codes, which were adopted on 17 June 1998 
and 1 July 1998 respectively and entered into force on 12 January 1999.   
The judicial authorities have the power to order injunctions or provisional measures.  Articles 15, 
16 and 22 of the new Law on Patents indicate the are as in which remedies may be sought through the 
courts in the area of patent protection.  Artic le 46 of the Law on Trademarks, Service Marks and 
Appellation of Origin of Goods, as well as Articles 42 to 44 of the Law on Copyright and Related 
Rights provide similar provisions in the case of trademarks, service marks, copyrights and related 
rights.  
2. Provisional measures 
The Courts of First Instance also have author ity to take the provisional measures envisioned 
in Article 50 of the TRIPS Agreement.   
3. Special border measures 
Judicial authorities are empowered to take the kinds of measures envisioned in Articles 51 to 
60 of the TRIPS Agreement.  Full conformity with  the requirements of Articles 51 to 60 of the 
Agreement on TRIPS have been achieved with the enactment of Section 14 "Assistance of the Customs Bodies in the Protection of Intell ectual Property Rights" of the Cust oms Code which entered into force 
on 1 January 2001.  
4. Criminal procedures 
Under the Criminal Code of the Republic of Armenia, which was adopted on 18 April 2003 and 
entered into force on 1 August 2003, the following remedies we re established: 
With respect to the Infringement of Copyright and Related Rights, Article 158 of the Criminal 
Code provides that illegal use of a subject matter of  copyright or related rights, or misappropriation of 
authorship, if this action has caused major damage, shall entail a fine at the rate of from two-hundred 
to four- hundred times the established minimum wa ge, or corrective labour for a maximum term of 
one year, or imprisonment for a maximum term of two years.  A major damage is considered to be an 
amount exceeding five- hundred times the minimum wage established at the moment of crime.  IP/Q/ARM/1, IP/Q2/ARM/1,  
 IP/Q3/ARM/1, IP/Q4/ARM/1  Page 7 
 
 
 With respect to the Infringement of Patent Ri ghts, Article 159 of the Criminal Code provides 
that illegal use of subject matters of patent ri ghts or dissemination of information concerning its 
nature prior to official recognition of that right w ithout the applicant's consent, or misappropriation of 
authorship or compulsion to co-authorship, shall en tail a fine at the rate of from two-hundred times 
the established minimum wage, or shall be punished  by imprisonment for a maximum term of two 
years. 
With respect to the illegal use of Trademarks, Article 197 of the Criminal Code provides that 
illegal use of trademarks, service marks, or trade names, if that action has caused a major damage, 
shall entail a fine in the amount of three- hundred  to five-hundred times the established minimum 
wage, or by corrective-labour for maximum term  of two years, or imprisonment for a maximum 
period of two years. 
Additional provisions included in the Criminal Code, which entered into force on 12 January 
1999, achieved conformity with the provisions of Part III of the TRIPS Agreement.  
5. Laws, decrees, regulations and other legal acts relating to the above. 
The National Assembly of the Republic of Ar menia adopted the Law on Trademarks, Service 
Marks and Appellation of Origin of Goods in Ma rch 2000, and adopted the Law on Trade Names and 
the Law on Patents in November 1999.  These Laws, as currently amended, are in full conformity 
with Articles 15 to 21 of the TRIPS Agreement, including the rights specified in Article 16. 
I. S
TATISTICAL DATA ON APPLICATIONS FOR AND GRANTS OF INTELLECTUAL PROPERTY 
RIGHTS . 
During 1993-2003, 1980 patent app lications were filed with the Patent Office.  In 75 cases a 
patent was refused or the application was wit hdrawn.  During 1994-2003, 83 applications for 
obtaining industrial design patents were filed.  As  regards trade and service marks and appellations of 
origin, after adoption of the Temporary Regula tions for Trademarks and Service Marks, 8061 
applications were registered by the Armenian Pa tent Office.  During 1995-2003, 13 applications for 
appellations of origin were filed with the Pa tent Office and 8 appellations were registered. 
II. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. GENERAL  
1. Are the provisions of the TRIPS Agreement, in  so far as not implemented in national 
law, directly applicable in your legal system? 
 Armenia's legislation is fully compliant with  the provisions of the TRIPS Agreement.   
However, as the TRIPS Agreement is an interna tional agreement signed and ratified by the Republic 
of Armenia, its provisions will take precedence over na tional law to the extent that national law is not 
in compliance with the Agreement, pursuant to Ar ticle 6 of the Armenian Constitution which states: 
"International treaties that have been ratified are a constituent part of the legal system of the Republic. 
If norms are provided in these treaties other than th ose provided by laws of the Republic, then the 
norms provided in the treaty shall prevail." 
 IP/Q/ARM/1, IP/Q2/ARM/1,  
IP/Q3/ARM/1, IP/Q4/ARM/1 Page 8 
 
 
 B. P
ATENTS  
2. Does your legislation grant patent protection for inventions relating to products and 
processes in all fields of technology?  Are there an y exceptions?  If so, please explain what these 
exceptions are and how they comply wi th Article 27 of the TRIPS Agreement. 
Paragraph 8 of Article 5 of the Law of the Re public of Armenia on Patents provides for patent 
protection for inventions relating to products and processes in all fi elds of technology, with the 
following exceptions which comply with Article 27 of the TRIPS Agreement:  
- Scientific theories and mathematical methods 
- Methods of economic organi zation and management  
- Symbols, schedules and rules 
- Methods and rules for performing mental acts 
- Algorithms and programs for computers 
- Projects and plans for constructions, buildings and for land development   
- Proposals concerning the outward appearance of manufactured articles intended to 
satisfy exclusively aesthetic requirements  
- Plant varieties and animal breeds 
- Processes for cloning human beings  
- The uses of human embryos for industrial and commercial purposes 
- Processes for modifying the germ line genetic identity of human beings 
- Processes for modifying of genetic identity of animals and also animals resulting from 
such processes. 
  
3. Does your legislation, in accordance with Arti cle 27.1 in combination with Article 31 of 
the TRIPS Agreement, consider importation as  "working" a patent and therefore preclude 
compulsory licensing, if a product is being imported? 
 The importation is considered as "working" a patent, in accordance with the Clause 1 of 
Article 12 of the "Law of the Republic of Armeni a on Patents", and therefore precludes compulsory 
licensing.  The only exception is the case stipulated by Clause 1 of Article 12 of the TRIPS Agreement, which is regulated by Clause 3 of Article 16 of this law.  4. Does your legislation make the granting of a compulsory licence subject to all the 
conditions enumerated in Article 31 TRIPS of the TRIPS Agreement?  Please cite the relevant provisions of law. 
All the conditions enumerated in Article 31 of the TRIPS Agreement are reflected in 
Article 16 of the "Law of the Republic of Armenia on Patents". 
  
5. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation?  Please cite the relevant provisions of law. 
In accordance with Clause 5 of Article 12 of th e "Law of the Republic of Armenia on Patents" 
the burden of proof shall be on the defendant if th e product obtained by the patent process is new. 
 
As mentioned in Clause 2 of Article 16 of the "Law of the Republic of Armenia on Patents" 
the patent owner must prove that not using or insuffi ciently using of the invention, utility model or the 
industrial design is stipulated by the valid reason.   IP/Q/ARM/1, IP/Q2/ARM/1,  
 IP/Q3/ARM/1, IP/Q4/ARM/1  Page 9 
 
 
 In accordance with Clause 2 of Article 34, the pe rson lodging a complaint shall be required to 
substantiate the complaints stipulat ed by Clause 1 of the same Article. 
 
In accordance with Clause 6 of Article 162 of the Civil Procedure Code of RA, when trying 
the application for considering null and void the act  of the state body, local self-government body or 
its officials, the burden of proving the circumstan ces which were the grounds for the adoption of the 
act is on the body which adopted the act or its official.  C. P
ROTECTION OF UNDISCLOSED INFORMATION  
6. Please explain in detail if your legislation en sures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorisation of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market  authorisation for his own product. 
Does your legislation provide for exceptions to  this?  If yes, under what conditions would 
such exceptions apply? 
Does your legislation provide for a specific term  of protection for such undisclosed test 
data? 
This question is regulated by the provisions of  Chapter 68 of the Civil Code of the Republic 
of Armenia, which regulates issues of legal protection of undisclosed information, accountability for 
illegal use thereof and transfer of this authority.  In particular, Paragraph 1 of Article 1165 states that 
any individual who illegally receives, distributes or uses undisclosed information, shall compensate to 
the rightful owner thereof all dama ges resulted from this illegal use. 
 
In accordance with Paragraph 7 of Article 16 of  the "Law of the Republic of Armenia on 
Protection of Economic Competition" the unfair commercial usage of research data  and other 
undisclosed information which is a result of a la rge scale work and have been submitted to the 
authorized body for the approval of agricultura l chemical produce or pharmaceuticals obtained by 
means of using new chemical blend, composition or combination, is prohibited.  The disclosure of 
data referred to in the same clause of this para graph, except when the disclosure is required on the 
grounds of public interest, or where guarantees of pr otection of the data against the unfair commercial 
usage already exist, is prohibited.  
In accordance with Paragraph 1 of Article 36 of  the "Law of the Republic of Armenia on 
Protection of Economic Competition" economic entiti es, bodies of central and local government 
administration shall incur liability for the infringeme nt of the present Law according to a procedure 
set out in this and other laws of the RA.  
The date of protection for undisclosed test data  is defined in accordance with Paragraph 4 of 
Article 1164 of the Civil Code of RA.  Follow-up to question 6:
 
In your response, you mention that the unf air commercial use of research data and 
other undisclosed information is prohibited under certain conditions.  Please explain the 
relevant rules in more detail.  In particular, indi cate how the term "unfair commercial use" is 
interpreted in your national law?  Does the pr otection, for example, prevent a second applicant IP/Q/ARM/1, IP/Q2/ARM/1,  
IP/Q3/ARM/1, IP/Q4/ARM/1 Page 10 
 
 
 from relying on, or from referring to the original  data of the first applicant, when applying 
subsequently for market authorization for his own pr oduct?  If yes, is this right limited in time 
or are there other exceptions? 
In response to your question as to how the term  "unfair commercial use" is defined, we are 
informing you that in accordance with Section 2,  paragraph 7, Article 16 of the RA Law on the 
Protection of Commercial Competition and for th e purposes of paragraph 7, Article 16 of the 
above-mentioned law, "unfair commercial use of data" means the sale of data to other persons, use of 
data for the production of identical or similar products, etc. 
In relation to the other questions, we are inform ing you that, in accordance with paragraph 8, 
Article 16, if the person who illegally uses undisclo sed information received this information from a 
person who is not authorized to disseminate (publis h) it, about which the former did not know and 
was not required to know (the fair buyer), the lega l owner of undisclosed information shall be entitled 
to request from the fair buyer to compensate the lo sses that the former suffered as a result of the use 
of undisclosed information, starting from the point when the fair buyer discovered that the use of 
information was illegal. 
According to paragraph 10, Article 16, the person who legally and independently receives 
data that contains undisclosed information, shall have  the right to use it irrespective of the rights of 
the owner of undisclosed information and shall not be  responsible for that use with respect to the 
latter. 
D. P
ROVISIONAL MEASURES  
7. Do your judicial authorities have the authority to adopt, on the request of a right holder, 
a provisional measure inaudita altera parte  before an action leading to a decision on the merits 
of the case has been lodged?  Please cite the relevant provisions of law. 
This question is regulated by the following articles of the Civil Procedure Code of RA: 
 
In accordance with sub clause 2 of Clause 2 of Article 87 of the Civil Procedure Code the 
complaint must indicate the names (titles) of pe rsons participating in the case, their addresses.  
 
In accordance with Clause 1 of Article 90 of  the Civil Procedure Code, the issue of 
acceptance of the complaint is solved  solely by the judge.  And in accordance with Clause 3 of this 
article, the judge makes a decision on the acceptance of the complaint in which the time and place of 
trial are indicated. 
 
In accordance with Article 97" Grounds for secu ring the action" of the Civil Procedure Code: 
 
1. The court, by motion of a person participating in the case, takes measures to secure the 
action, if the failure to take such measures can make the execution of the court act 
impossible or difficult. The securing of the action is allowed at any stage of the 
proceedings. 
 2. The motion is discussed on the day of its receipt, and a decision is made. 
 
In accordance with Clause 2 of Article 93 of the Civil Procedure Code, forwarding the 
complaints and the copies of attached documents to  the defendant, the court forwards the complaints 
and the copies of attached documents to  the defendant in the appropriate form. 
  IP/Q/ARM/1, IP/Q2/ARM/1,  
 IP/Q3/ARM/1, IP/Q4/ARM/1  Page 11 
 
 
 Follow-up to question 7:
 
 In your response, you mention different aspects of your legislation on the enforcement 
procedure.  Please indicate more specifically, ho w the competence of judicial authorities to 
adopt, under certain conditions, measures against a potential infringer without prior notice 
(Article 50, paragraph 2 of the TRIPS Agreement ) has been implemented in Armenian national 
law and cite the relevant provisions. 
 
 Article 44 of the Armenian Law on Copyright and Neighbouring Rights states the following:  
Article 44. The measures of ensuring the claim on infringement of copyright and 
neighbouring rights  The court may, in accordance with the provisions defined by the Civil Procedure Code of the Republic of Armenia, upon the request of the pe rsons participating in the case or on his own 
initiative, undertake measures of ensuring the cl aim, to seize all allegedly counterfeit copies 
of the works and phonograms, as well as the ma terials and the equipment intended for their 
creation and reproduction, to prohibit the performance of certain acts.  In case of the infringement of copyright and neighboring rights , for which criminal liability is provided, the 
court, with the purposes of ensuring the civil claim submitted or to be submitted in future, 
shall be entitled to seize all allegedly count erfeit copies, as well as the materials and the 
equipment intended for their creation and reproductio n, and, if necessary, to confiscate and, if 
not claimed by the plaintiff, destroy them. 
 
8. Does your legislation provide for any restrict ions for obtaining provisional measures? 
If so, what are these restrictions?  Please cite the relevant provisions of law. 
  The Legislation of RA does not provide any r estrictions for obtaining provisional measures in 
the sphere of Intellectual Property Rights.   
9. Please describe the provisional measures provided for in your legislation, including 
those useful to combat counterfeiting and piracy.  Please describe the procedures that must be 
followed and cite the relevant provisions of law. 
 Article 98 of the Civil Procedure Code sets out "means of securing the action": 
  1. The following are the means of securing the action:  
a) to impose an arrest on the defendant's property or financial assets in the 
amount of the complaint; 
b) to prohibit the committal of certain actions by the defendant; 
c) to prohibit the committal of certain acti ons by other persons in relation to 
the object of the dispute; 
d) to prevent the sale of property, in case of bringing a case concerning the 
lifting of the arrest on the property. 
e) To impose an immediate or in 5 days arrest on the plaintiff's property, 
which is possessed by the defendant. 
  2.  When necessary, the court is entitled to  apply several means of securing the action. 
 IP/Q/ARM/1, IP/Q2/ARM/1,  
IP/Q3/ARM/1, IP/Q4/ARM/1 Page 12 
 
 
 3.  In case of provision of the action concerning the seizure of financial assets, the 
defendant is entitled to pay the amount demanded by the plaintiff to the deposit account of the enforced execution service. 
 
 Article 44 "The measures of ensuring the claim on infringement of copyright and 
neighbouring rights" of the "Law on Copyright  and Neighbouring Rights" of the Republic of 
Armenia:  
The court may, in accordance with the provisions defined by the Civil Procedure Code of the 
Republic of Armenia, upon the request of the pe rsons participating in the case or on his own 
initiative, undertake measures of ensuring the cl aim, to seize all allegedly counterfeit copies 
of the works and phonograms, as well as the ma terials and the equipm ent intended for their 
creation and reproduction, to prohibit the perfo rmance of certain acts.  In case of the 
infringement of copyright and neighbouring right s for which criminal liability is proved, the 
court, with the purposes of ensuring the civil claim submitted or to be submitted in future, 
shall be entitled to seize all allegedly counte rfeit copies, as well as the materials and the 
equipment intended for their creation and reproductio n, and, if necessary, to confiscate and, if 
not claimed by the plaintiff, destroy them. 
  Article 65 "Providing evidence" of the Civil Procedure Code of the Republic of Armenia:   
 
1.  The persons who have grounds to fear  that presenting necessary  evidence can become 
impossible or difficult, are entitled to make a motion to the court in charge of the case 
in relation to the provision of this evidence. 
 
2.  The motion concerning the provision of evidence must indicate the evidence which 
must be provided, the facts for the establis hment of which this evidence is necessary, 
and the reasons which are the grounds for the motion. 
 3.  Based on the results of discussion of the motion the court makes a decision.  
4.  The decision concerning the provision of  evidence is carried out immediately, as 
envisaged in the procedure established in  the law of the Republic of Armenia on 
"Enforced implementation of court acts". 
 5.  After the decision concerning the provisi on of evidence is carried out, Court informs 
the Person participating in the case with notif ication, if the latter is unaware of the 
decision. 
  The Notary also provides evidences before sui ng the case in the court, in accordance with the 
Civil Procedure Code and the "Law on Notary" of RA.  
 Article 99 "Execution of decision to use provisional remedy" of the Civil Procedure Code of 
the Republic of Armenia:   The court decision on the use of provisional re medy is executed without delay, as envisaged 
in the Law of the Republic of Armenia on the Enforced Execution of Court Acts. 
  IP/Q/ARM/1, IP/Q2/ARM/1,  
 IP/Q3/ARM/1, IP/Q4/ARM/1  Page 13 
 
 
 10. Please describe the measures provided by your legislation to combat counterfeiting and 
piracy at the border. Please explain whether the competent authorities are empowered to act ex 
officio and, if so, please indicate the enforcement  actions that may be taken.  Please cite the 
relevant provisions of law. 
These issues are regulated in accord ance with provisions of Article 39 of the Civil Procedure 
Code of the Republic of Armenia, which states that  Customs authorities are in charge of combating 
counterfeiting and piracy at the border based on the owner's request.  
In compliance with the Legislation of RA the competent authorities are not empowered to act 
ex officio. 
 E. E
NFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS  
11. Please describe how your legislation meets the requirements of Article 41 of the TRIPS 
Agreement.  Please cite the relevant provisions of law. 
 See Annex. 
12. Please indicate the authorities responsible for the application of the measures provided 
by your legislation to combat counterfeiting a nd piracy.  Please explain whether the competent 
authorities are empowered to act ex officio and,  if so, please indicate the enforcement actions 
that may be taken.  Please cite the relevant provisions of law. 
 The Legislation of RA does not stipulate co mpetent authorities to combat counterfeiting and 
piracy.  In compliance with the Legislation of RA  the competent authorities are not empowered to act 
ex officio.  
13. Please describe any new initiatives that a re planned to improve the enforcement of 
intellectual property rights in your country, part icularly initiatives to combat counterfeiting 
and piracy.  Is there a particular action plan in place? 
 It is planned to establish a special subdivision in the Police structure during this year, which 
will improve the enforcement of Intellectual property rights in the country, particularly it will combat 
counterfeiting and piracy.  
 
 
_______________
 
 
 
 IP/Q/ARM/1, IP/Q2/ARM/1,  
IP/Q3/ARM/1, IP/Q4/ARM/1 Page 14 
 
 
 ANNEX 
 
 
Enforcement Civil Code, Code of Civil Pr ocedure, Code of Criminal Procedure 
General Provisions 
Provide for effective action against 
infringement of intellectual 
property rights without creating barriers to legitimate trade or opportunities for abuse. 
Article 41.1.  Article 1110 of the Civil Code expressly refers to the protection of 
intellectual property rights. Article 1137 of the Civil Code deals with 
unlawful use of a work without a licence. Article 1178 concerns 
trademark infringement. Article 1155 concerns patent infringement; and 
Article 1165 concerns misappropriatio n of undisclosed information. 
Laws on the various forms of inte llectual property have provisions as 
well. Articles 43 and 44 of the Law on Copyright and Neighbouring 
Rights; Article 46 of the Law on Trademarks, Service Marks and Appellations of Origin; Article 17 of  the Law on Patents; and Article 11 
of the Law on the Protection of Topographies of Integrated Circuits    
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. Article 41.2.   The procedures outlined in the Armenian Code of Civil Procedure is 
similar to those of other civil code countries. Whether they are costly or 
entail unreasonable time limits or unwa rranted delays can be established 
only as the procedures are used by litigants. 
Provide decisions on the merits 
based upon the evidence presented 
in the case to the parties, preferably in writing with the reasons 
explained. Article 41.3. Article 130.3 of the Code of Civil Procedure calls for court judgments 
that are legal and well-founded and that  the court provides a rationale for 
its judgment on the basis of the evidence presented.  Article 138 requires that the judgment be pronounced as soon as it is made to the parties and Article 139 provides that the written judgment, signed by the judge be dent to the parties. Article 145 specifies that the opinion must be sent within 3 days of the announcement of the decision.     
Provide for appeals to judicial 
bodies of final administrative 
decisions and of at least the legal aspects of initial judicial decisions 
on the merits of a case. Article 41.4. WT/ACC/ARM/13 spells out the various provisions of the Civil Code, 
the Code of Civil Procedure, the Law on Patents, the Law on 
Trademarks, Service Marks and Appella tions of Origin, and others that 
provide for appeals of court decisions.   
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. WT/ACC/ARM/13 identifies the provisions of the Civil Code and the 
laws on the various forms of intell ectual property that provide right 
holders with the ability to file claims in court. The provisions identify 
the appropriate authorities.  
 
 
__________