. /.   WORLD TRADE  
ORGANIZATION  IP/C/W/486 
18 December 2006 
 
 (06-6038) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
 
Questions posed by Switzerland  
 
 
 By means of a communication from the Delegation of Switzerland, dated 12 December 2006, the Secretariat has received a copy of the following questions that Switzerland has communicated to 
Saudi Arabia.  
 
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SAUDI ARABIA 
 
 
A. G
ENERAL  
1. Are the provisions of the TRIPS Agreement – in  so far as not implemented in national law – 
directly applicable in your legal system? 
B. PATENTS  
2. According to Article 31 (i) and (j) of the TRIPS Agreement, the legal validity of any decision 
relating to the authorization of a use of the subject matter of a patent without the authorization of the 
right holder and of any decision relating to the remuneration provided in respect of such use shall be subject to judicial review or other independent re view by a distinct higher authority in the Member 
where such decision is rendered.  Please explain where and how these requirements are implemented 
in your legislation. 
C. P
ROTECTION OF UNDISCLOSED INFORMATION  
3. According to your legislation, the "competent registration authority may permit third parties 
to use - during the term of protection - the undisc losed data of secrets tests submitted by another 
applicant" in the following case sc enarios:  1) "no trading within a reasonable period of time".  
2) "protection of the public".  Please provide more detailed information on the circumstances under 
which such exceptions may apply, in particul ar on the term "reasonable period of time". 
D. GEOGRAPHICAL INDICATIONS  
4. Please explain how your legislation implements section 3 of Part II of the TRIPS Agreement 
relating to Geographical Indications. IP/C/W/486 
Page 2  
 
  E. E
NFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS  
5. Please describe how your legislation implements the requirements of Article 41 of the TRIPS 
Agreement.  Please cite the relevant provisions of law. 
6. Please indicate the authorities responsible for the application of the measures provided by 
your legislation to combat counterfeiting and 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. 
7. Please describe any new initiatives that are planned to improve the enforcement of intellectual 
property rights in your country, particularly initiativ es to combat counterfeiting and piracy.  Is there a 
particular action plan in place? 
F. PROVISIONAL MEASURES  
8. Please describe the provisional  measures provided in your legislation, including those which 
are particularly aimed at combating counterfeiting and piracy.  Please describe the procedures that 
must be followed and cite the relevant provisions of law. 
9. Are your judicial authorities empowered to adopt, provisional measures 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. 
10. Does your legislation provide for any restrictions for obtaining provisional measures?  If so, 
what are these restrictions?  Please cite the relevant provisions of law. 
11. Please describe the measures provided by your legislation to combat counterfeiting and piracy 
at the border.  Please explain whether the competen t authorities are empowered to act ex officio. 
Please cite the relevant provisions of law. 
G. BORDER MEASURES  
12. Please explain in detail how Article 51 of the TRIPS Agreement is implemented in your 
legislation. Please provide statistical informa tion on the number of cases in which import goods 
suspected of IPR infringement were seized at th e border by your customs authorities as well as on the 
quantities of the goods seized. 
13. Does Saudi Arabia provide for procedures enabli ng a right holder to request the suspension of 
the release of infringing goods destined for exportation  from the territory of Saudi Arabia?  If so, 
please provide statistical information on the numbe r of cases as well as on the quantities of the goods 
seized. 
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