./.  WORLD TRADE  
ORGANIZATION  IP/C/W/422/Add.1 
13 January 2005 
 (05-0141) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
 
Responses from Armenia to follow-up questions posed by Switzerland  
 
Addendum  
 
 
 The following communication, dated 16 December 2004, is being circulated at the request of 
the Delegation of Armenia.  
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 C. P
ROTECTION OF UNDISCLOSED INFORMATION  
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 
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 the pu rposes of paragraph 7, Article 16 of the above-
mentioned law, "unfair commercial use of data" mean s 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. IP/C/W/422/Add.1 
Page 2  
 
D. P
ROVISIONAL MEASURES  
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.   
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