RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/YEM/7 
21 July 2005 
 (05-3295) 
Working Party on the  
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Implementation of the WTO Agreement  
on Trade-Related Aspects of Intellectual Property Rights (TRIPS)  
 
 The following submission, dated 19 July 2005, is being circulated at the request of the Delegation of the Republic of Yemen.  
_______________ 
 
 WT/ACC/YEM/7 
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 TRIPS Agreement Yemen 
General Obligations IP Agreements to which the country adheres 
Compliance with Articles 1 through 12 and Article 19 
of the Paris Convention for the Protection of Industrial Property in respect of Parts II, III, and IV of the 
TRIPS Agreement. TRIPS Article 2. - Yemen has been a member of the WIPO since 
1979. Yemen, currently, is not a signatory to any of the intellectual property conventions. 
However, the Government has agreed, in 
principle, on 29 November 2004, to join the 
Berne Convention. 
- Yemen will study the feasibility of joining Paris 
Convention. 
- Yemen will review its IPR law to comply with 
TRIPS Agreement. However, Yemen needs an appropriate transitional period and technical 
assistance in this respect. An "Action Plan", for 
this purpose, will be submitted to the WTO. 
Under Paris, Article 1(2), 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. Same as above 
In Paris, Article 1(3), industrial property applies not 
only to industry and commerce proper, but to 
agricultural and extractive industries and to all manufactured or natural products, e.g., wines, grain, 
tobacco leaf, fruit, cattle, minerals, mineral waters, 
beer, flowers, and flour. Same as above 
Under Paris, Article 2, nationals of Members are to 
enjoy in other Members the advantages that their 
respective 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 the Member's nationals. Same as above 
Paris.  Article 3, requires that nationals of non-
Member countries domiciles or that have "real and 
effective" industrial or commercial establishments in a Member country be treated as nationals of a Member 
country. Same as above 
Under Paris, Article 4.a right of priority is to be given 
an applicant for a patent, for registration of a utility model, an industrial design, or of a trademark who has 
filed the equivalent of a regular national filing under 
the domestic legislation of a Member country.  The periods of priority are to be 12 months for patents and 
utility models, and 6 months for industrial designs and 
trademarks.  The Article discusses the technical details of granting priority in depth. Same as above 
Article 4 bis states that patents obtained for the same 
invention in various members of the Paris Union are independent of each other. Same as above 
Article 4 ter requires that inventors have the right to be 
named as such in the patent. Same as above  WT/ACC/YEM/7 
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 TRIPS Agreement Yemen 
Under Article 4quater restrictions or limitations on the 
sale of a patented product or a product produced by a patented process cannot be the grounds for refusing a 
patent or invalidating one already issued.  Under 
Article 5(A)(1), importation of a patented product 
manufactured in a Paris Union country cannot be the 
basis of forfeiture of the patent.  Article 5(A)(2) and (3) authorize countries to us e compulsory licensing as 
a means to prevent abuses, su ch as the failure to work, 
but they may not forfeit a patent unless the grant of a compulsory licence would not be sufficient to prevent 
the abuse.  Proceedings fo r forfeiture or revocation 
cannot be institute until 2 years after the grant of the first compulsory licence. Same as above 
Article 5(A)(4) prohibits application for a compulsory 
licence for failure to work until four years have passed 
since tile application was filed or three years from date of grant and no compulsory licence is to be granted if 
the patentee justifies the fail ure to work.  Licences are 
to be non-exclusive, and may not be transferred except with the enterprise or goodwill that exploits the 
licence.  Article 5(B) prohibits  forfeiture of industrial 
designs for failure to work or for importing articles corresponding to those that are protected. Same as above 
Article 5(C) prohibits cancellation of a mark for 
unjustified non-use before a reasonable period of time 
has passed and permits the proprietor to use differing 
elements that do not dimini sh the distinctive character 
of a mark without invalidating the registration or diminishing the protection granted the mark.  
Concurrent use of the mark by co-proprietors is 
permitted so long as the public is not mislead. Same as above 
Under Article 5(D), protection of patents, registered 
trademarks, and industrial designs cannot be 
conditioned upon indication or mention of such patent, 
trademark registration, or industrial design protection. Same as above 
Article 5 bis requires that a grace period of at least six 
months be provided for the payment of maintenance 
fees for industrial property, but a surcharge is 
permissible.  Countries are authorized to restore patents that lapsed for non-payment of fees. Same as above 
Article 5 ter prohibits a Paris Member from making 
use of patented devices aboard a vessel, aircraft, of 
land vehicle temporarily or accidentally in the territory or the Member. Same as above 
Article 5 quater  requires that process patent owners 
have all the rights against an imported product 
produced by the patent process that they would have 
with respect to products manufactured at home. Same as above 
Article 5 quinquies  requires that Paris Members protect 
industrial designs. Same as above 
Article 6 makes the conditions for filing and 
registration of trademarks  subject to domestic 
legislation but also makes filing and registration 
independent of those in other countries, including the country of origin. Same as above WT/ACC/YEM/7 
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 TRIPS Agreement Yemen 
Article 6 bis requires parties, ex officio if legally 
possible or at the request of an interested party, to refuse to register or, for a period of at least 5 years, to 
cancel the registration of a trademark confusingly 
similar to a well-known mark.  No time limit is placed 
on a mark used in bad faith. Same as above 
Article 6 ter requires Members to refuse to register or 
to invalidate the registration that includes, without authorization, armorial bear ings, flags, state emblems, 
official signs and hallmarks, etc.  An exception is 
provided for owners of rights acquired in good faith before the Convention entered into force for that 
country.   Same as above 
Article 6 quater  makes the assignment of a mark valid 
if the portion of the business or goodwill of the business together with the exclusive right to 
manufacture and sell the good s bearing the mark are 
also transferred.   Same as above 
Article 6 quinquies  requires that trademarks duly 
registered in a Member be accepted for filing in other 
Members, with certain reservations, and establishes 
the conditions under which a trademark may be denied registration or may be invalidated.   Same as above 
Article 6 sexties  states that Paris Members undertake" 
to protect service marks without being required to 
provide for their registration. Same as above 
Article 6 septies  requires that trademark owners be able 
to oppose or request cancellation of a registration of 
their trademarks applied for by their agent or representative without their authorization "unless the 
agent or representative justifies his action. Same as above 
Article 7 states that the nature of the goods to which a 
trademark is applied may in no case be an obstacle to 
the registration of the trad emark. (Duplicate language 
is in TRIPS Article 15.4.) Same as above 
Article 7 bis requires that Members permit registration 
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 protection is being sought. Same as above 
Article 8 requires that trade names be protected by 
Members without the necessity of registration, 
whether or not the names are part of a trademark. Same as above 
Article 9 requires seizure on importation or exclusion 
or goods bearing a trademark or trade name without 
authorization, unless a country's laws provide for 
neither remedy, in which case domestic actions and 
remedies must be available. Same as above 
Article 10 applies the obligation of Article 9 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. Same as above  WT/ACC/YEM/7 
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 TRIPS Agreement Yemen 
Article 10 bis requires Members to provide protection 
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. Same as above 
Article 10 ter requires that Members undertake to 
assure to foreign nationals effective legal remedies to repress actions referred to in Articles 9, 10 and 10bis, 
and to allow federations an d associations representing 
foreign businesses, on the basis of reciprocity, to take action in court and before administrative authorities to 
repress such acts.   Same as above 
Article 11 requires that temporary protection. 
consistent with domestic legislation, be afforded to patentable inventions, utility models, industrial 
designs and trademarks in respect of goods exhibited 
at official or officially  recognized international 
exhibitions held in their territory. Same as above 
Article 12 requires Members to establish industrial 
property offices for patents.  utility models, industrial 
designs and trademarks fo r the communication to the 
public through publication of a periodic journal of the 
names of patent owners with a brief designation of 
their inventions, and the reproduction of trademarks. Same as above 
Article 19 authorizes Members to enter into separate 
and special industrial property agreements among 
themselves, so long as those agreements do not 
contravene the provisions of Paris. Same as above 
National treatment, with exceptions allowed in the 
Paris, Berne and Rome Conventions.  Article 3. Same as above 
Most favoured nation treat ment, with enumerated 
exceptions.  Article 4. Same as above 
Copyright and Neighbouring Rights Law No. 19 of 1994 on Intellectual Property Rights 
Compliance with Articles I through 21 of the Berne 
Convention with the exception of Article 6bis, 
Article 9.1. Yemen will review its IPR la w to comply with TRIPS 
Agreement. However, Yemen needs an appropriate 
transitional period and technical assistance in this 
respect.  An "Action Plan", for this purpose, will be submitted to the WTO. Please note that information 
pertaining to Copyright and Neighbouring Rights have 
been conveyed through answers to IPR questions.  
Article 2 defines "literary and artistic works" as "every production in the literary, scientific and artistic 
domain whatever may be the mode or form of its 
expression," giving examples. Limitations related to speeches are provided in Article 2bis. Same as above 
Article 3 requires that protection be provided to the 
works of authors who are nationals of Berne Union members and to works of nationals of non-Union 
countries if those works are published in a Union 
member simultaneously with publication in the non-Union country.   Same as above WT/ACC/YEM/7 
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 TRIPS Agreement Yemen 
Article 4 requires that protection be provided 
cinematographic works not falling under Article 3 if the maker has a headquarters or habitual residence in a 
Union member and to works of architecture or artistic 
works incorporated into a building or structure in a 
Union member. Same as above 
Article 5 requires that authors enjoy the rights required 
by Berne and any other rights a country provides works on a national treatment basis without being 
subject to any formalities. Same as above 
Article 7 requires that the term of protection for 
copyright be 50 years fo llowing the death of the 
author.  Special term s are authorized for 
cinematographic works, anonymous or pseudonymous 
works, photographic works and works of applied art.  Article 8 gives authors of protected works the 
exclusive right to make or authorize the making of 
translations of the work. Same as above 
Article 9 requires that authors be given 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 legitimate 
interests of the author. Same as above 
Articles 10 and 10bis define certain authorized "free 
uses of works". Same as above 
Articles 11, 11 bis, and 11ter require that authors of 
dramatic, dramatico-musical  and musical works and 
any translation thereof and authors of literary and artistic works, the exclusive right to authorize the 
public performance of their works, including by 
broadcast, public recitation and any communication to the public. Same as above 
Article 12 requires that authors of literary or artistic 
works have the exclusive right to authorize 
adaptations, arrangements and other alterations of their 
works. Same as above 
Article 13 authorizes countries to impose reservations 
and conditions on the exclusive right granted authors 
of musical works or written works that are recorded. Same as above 
Articles 14 requires that au thors 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). Same as above 
Article 14 bis specifies that a cinematographic work is 
to be protected as an orig inal 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. Same as above 
Article 14 ter requires "droit de suite" in connection 
with subsequent sales works of art and manuscripts. Same as above  WT/ACC/YEM/7 
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 TRIPS Agreement Yemen 
Article 15 requires that ownership of a work, for 
purposes of litigation, be presumed to be that which appears on the work in the usual manner. Same as above 
Article 16 requires that infringing copies of a work be 
subject to seizure whether domestically produced or 
imported.   Same as above 
Article 18 requires that copyright protection be applied 
to all works which, at the moment Berne becomes 
effective, have not fallen into the public domain in the country of origin through the expiry of the term of 
protection. Same as above 
Article 19 authorizes Union members to provide 
greater protection than that required by the Convention. Same as above 
Article 20 authorizes Union members to enter into 
special agreements among th emselves to provide more 
extensive rights than those provided by Berne. Same as above 
Protect computer programs, whether in source or 
object code, as literary works under the Berne 
Convention.  Protect compilations of data, whether in 
machine readable or other form are to be protected as intellectual creations if they constitute such.  
Article 10. Same as above 
Provide rental rights at l east for computer programs 
and cinematographic works with certain exceptions.  
Article 11. Same as above 
Provide a term of protection of fifty years from the 
death of tile author (Berne Article 7.1 and TRIPS Article 9.1) or, for works the term of which is not 
measured by the life of the author, a term of 50 years 
from the end of the calen dar year of authorized 
publication, or, if not published within fifty years from 
making, fifty years from th e end of the calendar year 
of making.  Article 12. Same as above 
Confine limitations 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.  Article 13.   Same as above 
Provide performers with the right for 50 years from 
the date of a performance 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.  Article 14.1 and 5. Same as above 
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.  Article 14.2, .4, and .5. Same as above WT/ACC/YEM/7 
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 TRIPS Agreement Yemen 
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 the 
possibility of exercising such rights.  Article 14.3 and 5. Same as above 
Trademarks Law No. 19 of 1994 on Intellectual Property Rights  
Provide trademark or servi ce mark protection for any 
sign, or combination of signs capable of distinguishing 
the goods or services of one undertaking from those of other undertakings.  Article 15.1. Yemen will review its IPR la w to comply with TRIPS 
Agreement. However, Yemen needs an appropriate 
transitional period and technical assistance in this respect.  An "Action Plan", for this purpose, will be 
submitted to the WTO. Please note that information 
pertaining to Trademarks have been conveyed through answers to IPR questions. 
Not deny registration for a mark based solely on the 
nature of the goods or services to which a trademark is 
to be applied.  Article 15.4. Same as above 
Trademarks must be published before or shortly after 
registration to permit opposition or opportunity to 
apply for cancellation.  Article 15.5. Same as above 
Provide trademark owners the exclusive right to 
prevent unauthorized use identical or similar marks for similar goods or services of other parties if confusion 
is likely to result.  Article 16.1. Same as above 
Presume confusion where an identical mark is used 
without authorization on identical goods or services.  
Article 16.1. Same as above 
Provide protection for well know trademarks and 
service marks in accordance with Article 6 bis, of the 
Paris Convention, even where use 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 or would be 
likely to damage the right holder's interests.  
Article 16.2 and 3. Same as above 
Allow only limited exceptions to the rights conferred 
by a trademark such as fair use of descriptive terms.  
Article 17. Same as above 
Provide a period of protection for registration of at 
least seven years, renewable indefinitely.  Article 18. Same as above 
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 
interference with use.  Article 19.1. Same as above 
No encumbering of the use of a trademark by special 
requirements.  Article 20. Same as above 
May establish conditions for licensing but compulsory 
licensing not permitted and owner of registered mark must be able to assign it with or without transfer of 
business.  Article 21. Same as above  WT/ACC/YEM/7 
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 TRIPS Agreement Yemen 
Geographical Indications Law No. 19 of 1994 on Intellectual Property Rights 
Provide means to prevent deceptive use of 
Geographical indications identifying location where a given quality, reputation or other characteristic of a 
good is attributable to its location.  Article 22.1 and 2. 
Refuse to register or invalidate registrations of 
trademarks containing geographical indications except 
in instances in which such marks have been used continuously for at least I 0 years or in good faith 
before 15 April 1994.  Article 22.3. Yemen will review its IPR la w to comply with TRIPS 
Agreement. However, Yemen needs an appropriate transitional period and technical assistance in this 
respect.  An "Action Plan", for this purpose, will be 
submitted to the WTO. Please note that information 
pertaining to Geographical Indications have been 
conveyed through answers to IPR questions. 
Protect against use of geographical indications even when literally true but which falsely represent that the goods originate in another territory.  Article 22.4. Same as above 
Protect, with certain exceptions, appellations or origin 
for wines and spirits even against use accompanied by 
expressions such Same as above 
Protect, with certain exceptions, appellations or origin 
for wines and spirits even against use accompanied by 
expressions such as 'kind," type," "style," etc.  
Article 23.1 and 24. Same as above 
Refuse or invalidate, with certain exceptions 
trademark registrations containing geographical 
indications for wines and spirits if they do not 
originate in the place named.  Article 23.2 and 24. Same as above 
Industrial Designs Law No. 19 of 19 94 on Intellectual Property Rights 
Provide, with certain exceptions, protection for new or 
original, independently created industrial designs.  
Article 25.1. Yemen will review its IPR la w to comply with TRIPS 
Agreement. However, Yemen needs an appropriate 
transitional period and technical assistance in this respect.  An "Action Plan", for this purpose, will be 
submitted to the WTO. Please note that information 
pertaining to Industrial Designs have been conveyed through answers to IPR questions. 
Ensure that requirements for securing protection for 
textile designs are not prohibitive of such protection.  
Article 25.2. Same as above 
Protection should last at leas t 10 years.  Same as above 
Patents Law No. 19 of 1994 on Intellectual Property Rights 
Provide patents for any inventions, whether products 
or processes, in all fields of technology if they are 
new, involve an inventive step and are industrially 
applicable.  Exceptions are permitted for plants and animals, except for microorganisms and non-
biological and microbiological processes.  Exemptions 
are also permitted for reas ons of ordre public and 
morality.  Article 27. Yemen will review its IPR la w to comply with TRIPS 
Agreement. However, Yemen needs an appropriate 
transitional period and technical assistance in this 
respect.  An "Action Plan", for this purpose, will be submitted to the WTO. Please note that information 
pertaining to Patents have been conveyed through 
answers to IPR questions. 
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 using such process.  Article 28.1. Same as above 
Give patent owners the right to assign the rights in the 
patent, or transfer the rights by succession, or licence 
them.  Article 28.2. Same as above WT/ACC/YEM/7 
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Require applicants to disclo se 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.  Article 29. Same as above 
Ensure that any exceptions to exclusive patent rights 
do not unreasonably conflict with normal exploitation 
of the patent and do not unreasonably prejudice the 
legitimate interests of the patent owner, taking third party interests into account.  Article 30. Same as above 
Compulsory licences can be issued only when 
enumerated conditions are met, including such things 
as notice, remuneration, limitations on use and transfer of the licence, etc.  Article 3 1. Same as above 
Provide an opportunity for judicial review of decisions 
to revoke or forfeit a patent.  Article 32. Same as above 
Provide a patent term of at least 20 years from the 
filing date.  Article 33. Same as above 
Shift the burden of proof in process patent 
infringement actions to the defendant in instances in 
which tile product produced by the process 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.  Article 34. Same as above 
Integrated-Circuit Layout Designs Law No. 19 of 1994 on Intellectual Property Rights 
Provide protection for original layout designs of 
integrated circuits that ar e registered or have been 
commercially exploited anywhere in the world.  Articles 3, 4, 5, and 7 of the Washington Treaty as 
incorporated into TRIPS by Article 35. Yemen will review its IPR la w to comply with TRIPS 
Agreement. However, Yemen needs an appropriate 
transitional period and technical assistance in this respect.  An "Action Plan", for this purpose, will be 
submitted to the WTO. Please note that information 
pertaining to Integrated-Circuit Layout Designs have been conveyed through answers to IPR questions. 
Make unlawful, except in certain circumstances, the 
reproduction, importation, sale or other distribution of 
a protected layout design or an integrated circuit embodying such design or an Article containing such a 
microcircuit.  Article 6 of Washington and Article 36 
of TRIPS. Same as above 
Provide such protection for a term of I 0 years from 
the films, of an application for registration or from 
first commercial exploitation.  Article 38. Same as above 
Undisclosed Information Law No. 19 of 1994 on Intellectual Property Rights 
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.  
Article 39.2. Yemen will review its IPR la w to comply with TRIPS 
Agreement. However, Yemen needs an appropriate transitional period and technical assistance in this 
respect.  An "Action Plan", for this purpose, will be 
submitted to the WTO. Please note that information 
pertaining to Undisclosed Information have been 
conveyed through answers to IPR questions. 
Protect data submitted to obtain marketing approval for pharmaceutical or agricultural chemicals utilizing a 
new chemical entity.  Article 39.3. Same as above  WT/ACC/YEM/7 
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 TRIPS Agreement Yemen 
Enforcement Law No. 19 of 1994 on Intellectual Property Rights 
Procedures and Civil En forcement Law No. 40 of 
2002 
Crimes and Penalties Law No. 12 of 1994 
- 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 Yemen will review its IPR la w to comply with TRIPS 
Agreement. However, Yemen needs an appropriate 
transitional period and technical assistance in this 
respect.  An "Action Plan", for this purpose, will be submitted to the WTO. Please note that information 
pertaining to Enforcement have been conveyed 
through answers to IPR questions. 
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  Same as above 
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. Same as above 
Provide for appeals to ju dicial 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. Same as above 
- Civil and Administrative Procedures and 
Remedies  
Provide a procedure that allo ws 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.  Article 42  Same as above 
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.  Article 43. 1.  Same as above 
Authorize judges to enjoin a defendant, except the 
government, from infringing intellectual property 
rights.  Article 44. 1. Same as above 
Authorize judges to order the payment of monetary 
damages adequate to compensate for the injury done by the infringement.  Article 45.1  Same as above 
Authorize judges to order infringer to pay right 
holders enforcement costs and recovery of profits 
and/or statutory damages.  Article 45.2.  Same as above 
Authorize additional remedies including seizure of 
infringing goods, and the materials and implements 
the predominant use of which is infringement.  
Article 46. Same as above 
Authorize indemnification of defendant, including 
attorneys' fees in the even t of abuse by plaintiffs.  
Article 48.1. Same as above 
Exempt public authorities and officials from liability 
in connection with the administration of intellectual 
property laws only where the actions are taken or 
intended in good faith within the scope of tile relevant authority.  Article 48.2. Same as above WT/ACC/YEM/7 
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Ensure that administrative remedies conform to the 
principles in the preceding Articles.  Article 49. Same as above 
- Provisional Measures  
Authorize judges to grant temporary restraining orders 
and provisional relief to prevent infringement and to 
preserve evidence.  Article 50.1. Same as above 
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.  Article 50.3. Same as above 
Provide for notice, for form al action by the plaintiff 
after temporary restraining orders, etc.  Article 50.4+. Same as above 
- Border Measures   
Provide for suspension of release by customs 
authorities of goods suspected of bearing a counterfeit 
trademark or of being a piratical copyrighted work, either at the request of a right holder.  Members are 
authorized to extend such protection to holders of 
other forms of intellectual property, Article 51 Same as above 
Require right holders initiating border measures to 
provide evidence of a prim a facie infringement and a 
description of tile goods sufficient for customs 
authorities to recognize them.  The right holder must be notified within a reasonable time is action will be 
taken on his behalf.  Article 52. Same as above 
Authorize authorities to require the right holder 
requesting border measures to post a bond sufficient to 
protect the defendant and to prevent abuse.  Article 53 Same as above 
Requires prompt notification of the right holder and 
the importer when action under Article 51 is taken.  Article 54. Same as above 
Requires that customs authorities be notified within a 
maximum of 20 days of th e receipt of notice that 
proceedings on the merits have begun or the suspension is to be revoked.  Article 55. Same as above 
Authorities must be authorized to require the right 
holder to compensate the importer or owner 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 tile 
allotted time.  Article 56. Same as above 
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.  Article 57. Same as above 
Establishes 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 offici als be liable if they act in 
bad faith.  Article 58. Same as above  WT/ACC/YEM/7 
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Competent authorities must be able to order 
destruction or disposal other than by re-export of infringing goods where appropriate.  Article 59. Same as above 
Members are authorized to except from border 
measures small quantities of infringing goods of a 
non-commercial nature carried in personal luggage or 
shipped in small consignments.  Article 60. Same as above 
- Criminal Procedures  
Provide criminal procedures  and penalties, sufficient 
to act as a deterrent, for wilful trademark counterfeiting or copyright piracy on a commercial 
scale.  Authorizes extension of criminal actions to 
other forms of intellectual property where infringements are wilful and on a commercial scale.  
Article 61. Same as above 
 
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