RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/173
10 May 2000
(00-1912)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions Posed by Japan
By means of a communication from the Permanent Mission of Japan, dated 1 May 2000, the
Secretariat has received copies of the following questions from Japan addressed to Belize;  Cyprus;El Salvador;  Hong Kong, China;  Indonesia;  Israel;  Korea;  Macau, China;  Malta;  Mexico;
Poland;  Singapore;  and Trinidad and Tobago, respectively.
_______________
BELIZE
A. 
COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
Belize (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe theprovisions of the Copyright and Neighbouring Rights Law which provide for the National Treatment
and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as
well as Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Belize provides retroactive protection to works, phonograms,
performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of the
TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form.  Please explain how the Law complies withArticle 10.2 of the TRIPS Agreement in this respect.IP/C/W/173
Page 2
B. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
6. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringesintellectual property rights to pay to the right holder.
7. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation?  Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.
8. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.IP/C/W/173
Page 3
CYPRUS
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
Cyprus (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe the
provisions of the Copyright and Neighbouring Rights Law which provide for the National Treatment
and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as
well as Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted inArticles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Cyprus provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of
the TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category ofsubject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form.  Please explain how the Law complies with
Article 10.2 of the TRIPS Agreement in this respect.
B. 
TRADEMARKS
6. Please explain how legislation of Cyprus co mplies with Articles 2.1, 16.2 and 16.3 of the
TRIPS Agreement which apply, mutatis mutandis , Article 6 bis of the Paris Convention.
C. INDUSTRIAL DESIGNS
7. According to the table on page 3 of IP/N/1/CYP/1, industrial designs are protected under the
Copyright Law of Cyprus as "artis tic works", though Article 2-(1) of the Law, which defines "artistic
work", does not seem to include industrial designs.  Please indicate how legislation of Cyprus
provides the protection of industrial designs prescribed in Articles 25 and 26 of the TRIPS Agreement
and in Article 2.1 of the TRIPS Agreement which applies, mutatis mutandis , Article 5 quinques  of the
Paris Convention.
D. PATENTS
8. Please describe in detail exclusive rights provided by "privileges and rights" under Article 7
of the Patent Law of Cyprus.  Furthermore, pl ease explain how this provision complies with
Article 28 of the TRIPS Agreement.IP/C/W/173
Page 4
E. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
9. Please explain how the protection is provided for layout-designs of integrated circuits under
the Copyright Law of Cyprus.  Which type of work in Section 3-(1) of the said Law applies to the
layout-designs of integrated circuits?
F. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
10. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringes
intellectual property rights to pay to the right holder.
11. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated inArticle 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
12. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation?  Please also explain whether penalties are consistent withArticle 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 5
EL SALVADOR
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
El Salvador (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe
the provisions of the Copyright and Neighbouring Rights Law which provide for the National
Treatment and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS
Agreement as well as Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne
Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how El Salvador provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of
the TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form.  Please explain how the Law complies with
Article 10.2 of the TRIPS Agreement in this respect.
B. TRADEMARKS
6. Please explain how legislation of El Salvador complies with Article 16.1 of the TRIPS
Agreement which provides that the exclusive right covers use of identical or similar signs for goods
and services which are similar to those in respect of which the trademark is registered.
7. Please explain how legislation of El Salvador provides protection of well-known marks when
goods or services are not similar to those in respect of which a trademark registered, as stipulated in
Article 16.3 of the TRIPS Agreement.
C. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
8. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringes
intellectual property rights to pay to the right holder.
9. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.IP/C/W/173
Page 6
10. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation?  Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 7
HONG KONG, CHINA
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
Hong Kong, China (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please
describe the provisions of the Copyright and Neighbouring Rights Law which provide for the
National Treatment and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the
TRIPS Agreement as well as Article 9.1 of the Agreement which incorporates Article 5.1 of the
Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Hong Kong, China provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 ofthe TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form. Please explain how the Law complies with Article 10.2
of the TRIPS Agreement in this respect.
6. Article 9.2 of the Berne Convention and Article 13 of the TRIPS Agreement require
limitations and exceptions to exclusive rights to be limited to certain special cases which do not
conflict with a normal exploitation of the works and do not unreasonably prejudice the legitimate
interests of the right holder.  Please explain how Sections 78 and 257 of the Copyright Ordinance of
Hong Kong, China comply with the said Articles of the Berne Convention and the TRIPS Agreement.
Please also explain how the Ordinance complies with Article 14.6 of the TRIPS Agreement, if the
Ordinance provides limitations and exceptions under the said Article.
7. Please explain how the exception of Section 38 of the Copyright Ordinance of Hong Kong,
China has been strictly interpreted so as to bring them within the permissible limitations on Article 9.2
of the Berne Convention and Article 13 of the TRIPS Agreement.
8. Please indicate whether compact discs, such as CD-ROMs, mainly consisted of music and
accompanied by characters, still images, motion pictures or any other types of data than audio areprotected as "database" under the Copyright Ordinance, if such data, including music, can be
retrieved.
9. Please explain the term of protection of a work, such as a work by a body corporate, under the
Copyright and Neighbouring Rights Law, as requ ired by Article 12 of the TRIPS Agreement.IP/C/W/173
Page 8
B. TRADEMARKS
10. Please explain how Sections 27, 27A, 28 and 28A  of the Trade Marks Ordinance comply with
Article 16.1 of the TRIPS Agreement when goods and services are similar to those in respect of which
the trademark is registered.
11. Please explain how a well-known trademark is pr otected in Hong Kong, China as required by
Article 16.2 and 16.3 of the TRIPS Agreement in conjunction with Article 6 bis of the
Paris Convention.
C. GEOGRAPHICAL INDICATIONS
12. Please explain how legislation of Hong K ong, China implements the requirements of
Article 22.3 of the TRIPS Agreement.
13. Please explain how Section 12(1) of the Trade Marks Ordinance, which provide that it shall
not be lawful to register as a trademark any matter use of which would be likely to deceive, complieswith Article 23.2 of the TRIPS Agreement which provides that the registration of a trademark for
wines and spirits which contains or consists of geographical indication shall be refused or invalidated.
D. 
PATENTS
14. Do protected layout-designs under Section 18 of  the Layout-Design of Integrated Circuits
Ordinance include patents for semi-conductor technology under Article 31(c) of theTRIPS Agreement?  If not, please explain how Secti on 18 of the Layout-Design of Integrated Circuits
Ordinance complies with Article 31(c) of the TRIPS Agreement regarding other use of patents for
semi-conductor technology without the authorization of the right holder.
E. 
PROTECTION OF UNDISCLOSED INFORMATION
15. As a condition of approving the marketing of pharmaceutical or of agricultural chemical
products which utilize new chemical entities, does legislation of Hong Kong, China require the
submission of undisclosed test or other data, the origination of which involves a considerable effort?
If so, please explain how Hong Kong, China protects such data against unfair commercial use.
16. Please explain how legislation of Hong Kong, China regulates the acquisition of undisclosed
information by third parties who knew, or were grossly negligent in failing to know, that suchpractices were involved in the acquisition, as required by footnote to Article 39.2 of the TRIPS
Agreement.
F. 
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
17. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringesintellectual property rights to pay to the right holder.
18. Please indicate title of laws and regulations and their provisions which comply with
Article 46 of the TRIPS Agreement regarding disposition of materials and implements the
predominant use of which has been in the creation of the infringing goods.  Furthermore, please
indicate title of laws and regulations and their provisions which comply with Article 46 of TRIPSAgreement regarding counterfeit trademark goods.IP/C/W/173
Page 9
19. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
20. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation?  Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 10
INDONESIA
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
Indonesia (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe the
provisions of the Copyright and Neighbouring Rights Law which provide for the National Treatment
and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as
well as Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Indonesia provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of
the TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please indicate the provisions of the Indonesian Copyright Law which provide for the
protection of "database", as required by Article 10.2 of the TRIPS Agreement.  Please explain how the
Law complies with the said Article of the Agreement.
6. Please explain the term of protection of a work, such as a work by a body corporate, under the
Copyright and Neighbouring Rights Law, as requ ired by Article 12 of the TRIPS Agreement.
7. Please explain how Article 15 of the Indonesian Copyright Law complies with Article 13 of
the TRIPS Agreement, which requires that limitations  and exceptions to exclusive rights confined to
certain special cases which do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the right holder.
B. TRADEMARKS
8. Please explain how Article 72 of the Indonesian Trademark Law complies with Article 16.1
of the TRIPS Agreement when goods and services are similar to those in respect of which the
trademark is registered.
9. Please explain how a well-known trademark is protected in Indonesia, as required by
Article 16.2 and 16.3 of the TRIPS Agreement in conjunction with Article 6 bis of the
Paris Convention.
C. GEOGRAPHICAL INDICATIONS
10. Please explain how geographical indications are protected in Indonesia, as required by
Article 22.2 of the TRIPS Agreement.IP/C/W/173
Page 11
11. Please explain how legislation of Indonesia implements the requirements of Article 22.3 of
the TRIPS Agreement.
12. Please explain how legislation of Indonesia provides the additional protection for
geographical indications for wines and spirits prescribed under Article 23 of the TRIPS Agreement.
D. INDUSTRIAL DESIGNS
13. Please indicate how legislation of Indonesia prov ides the protection of industrial designs
prescribed in Articles 25 and 26 of the TRIPS Agreement and in Article 2 of the TRIPS Agreement
which applies, mutatis mutandis , Article 5 quinques  of the Paris Convention.
E. PATENTS
14. Please explain how the provisions of Article 18 (II), (III) and (IV) of  the Indonesian Patent
Law, which provide requirements for exception to obligation to patent implementation in the territory
of the Republic of Indonesia as required by Article 18(I), comply with Article 30 of theTRIPS Agreement which stipulates that limited exceptions to the exclusive rights do not unreasonably
prejudice the legitimate interests of the patent owner.
F. 
PROTECTION OF UNDISCLOSED INFORMATION
15. Please explain how undisclosed information is  protected in Indonesia, as required by
Article 39.2 of the TRIPS Agreement.
G. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
16. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringesintellectual property rights to pay to the right holder.
17. According to your response to the checklist of issues on enforcement, provisional measures as
stipulated in Article 50 of the TRIPS Agreements are secured in the Basic Judicial Law, the Civil
Procedure Code and specific intellectual property legislation.  Please indicate which provisions of the
above laws comply with Article 50 of the TRIPS Agreement.
18. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
19. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation?  Please also explain whether penalties are consistent withArticle 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 12
H. ACQUISITION OF INTELLECTUAL PROPERTY RIGHTS
20. Please explain how Article 8 of the Indonesian Patent Law, which provides that "the granting
of patents for certain inventions" may be postponed by  Presidential Decision "for a period of at the
most of five years", complies with Article 62.2 of the TRIPS Agreement which stipulates that
"Members shall ensure that the procedures for grant or registration … permit the granting orregistration of the right within a reasonable period of time so as to avoid unwarranted curtailment of
the period of protection".IP/C/W/173
Page 13
ISRAEL
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under the La w on Copyright and Neighbouring Rights of Israel
(hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe the provisions
of the Copyright and Neighbouring Rights Law which provide for the National Treatment and Most-
Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as well as
Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Israel provides  retroactive protection to works, phonograms,
performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of the
TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form.  Please explain how the Law complies with
Article 10.2 of the TRIPS Agreement in this respect.
B. TRADEMARKS
6. Please explain how legislation of Israel complies with Articles 2.1, 16.2 and 16.3 of the
TRIPS Agreement which apply, mutatis mutandis , Article 6 bis of the Paris Convention.
C. GEOGRAPHICAL INDICATIONS
7. Please explain how legislation of Israel complies with Article 23.2 of the TRIPS Agreement
which provides additional protection for geographical indications for wines and spirits.
D. PATENTS
8. Please explain how legislation of Israel complies with Article 28 of the TRIPS Agreement,
clarifying definition of "exploitation"  in Section 49 of the Patent Law.
9. Please explain how legislation of Israel complies with Article 34.1, 34.2, and 34.3 of the
TRIPS Agreement.IP/C/W/173
Page 14
E. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
10. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringesintellectual property rights to pay to the right holder.
11. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
12. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injuredparty has made a formal accusation?  Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 15
KOREA
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under the La w on Copyright and Neighbouring Rights of Korea
(hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe the provisions
of the Copyright and Neighbouring Rights Law which provide for the National Treatment and Most-
Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as well as
Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Korea provides retroactive protection to works, phonograms,
performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of the
TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form.  Please explain how the Law complies with
Article 10.2 of the TRIPS Agreement in this respect.
6. Please indicate whether compact discs, such as CD-ROMs, mainly consisted of music and
accompanied by characters, still images, motion pictures or any other types of data than audio are
protected as "database" under the Copyright Law, if such data, including music, can be retrieved.
7. Please explain how the exception of Articl e 27 of Copyright Law and Article 12.4 of
Computer Program Protection Act of Korea have been strictly interpreted so as to bring them within
the permissible limitations on Article 9.2 of the Berne Convention and Article 13 of the
TRIPS Agreement.
B. PROTECTION OF UNDISCLOSED INFORMATION
8. As a condition of approving the marketing of pharmaceutical or of agricultural chemical
products which utilize new chemical entities, doe s legislation of Korea require the submission of
undisclosed test or other data, the origination of which involves a considerable effort?  If so, please
explain how Korea protects such data against unfair commercial use.IP/C/W/173
Page 16
C. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
9. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringesintellectual property rights to pay to the right holder.
10. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
11. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injuredparty has made a formal accusation?  Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 17
MACAU, CHINA
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
Macau, China (hereinafter referred to as "Copyrigh t and Neighbouring Rights Law").  Please describe
the provisions of the Copyright and Neighbouring Rights Law which provide for the National
Treatment and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the
TRIPS Agreement as well as Article 9.1 of the Agreement which incorporates Article 5.1 of the
Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Macau, China provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 ofthe TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form. Please explain how the Law complies with Article 10.2
of the TRIPS Agreement in this respect.
6. Please indicate whether compact discs, such as CD-ROMs, mainly consisted of music and
accompanied with characters, still images, motion pictures or any other types of data than audio are
protected as "database" under the Copyright Law, if such data, including music, can be retrieved.
B. 
PATENTS
7. Please explain how Article 34.2 and 34.3 of the TRIPS Agreement, regarding the shift in the
burden of proof in civil proceedings for patent infringement, are implemented in legislation of
Macau, China.
C. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
8. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringesintellectual property rights to pay to the right holder.IP/C/W/173
Page 18
9. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
10. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation?  Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 19
MALTA
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under the La w on Copyright and Neighbouring Rights of Malta
(hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe the provisions
of the Copyright and Neighbouring Rights Law which provide for the National Treatment and Most-
Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as well as
Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Malta provides retroactive protection to works, phonograms,
performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of the
TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention. Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form.  Please explain how the Law complies with
Article 10.2 of the TRIPS Agreement in this respect.
B. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
6. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringes
intellectual property rights to pay to the right holder.
7. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated inArticle 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
8. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation?  Please also explain whether penalties are consistent withArticle 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 20
MEXICO
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
Mexico (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe the
provisions of the Copyright and Neighbouring Rights Law which provide for the National Treatment
and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as
well as Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Mexico provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of
the TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form. Please explain how the Law complies with Article 10.2
of the TRIPS Agreement in this respect.
6. Please explain the term of protection of a work, such as a work by a body corporate, under the
Copyright and Neighbouring Rights Law, as requ ired by Article 12 of the TRIPS Agreement.
7. Please explain how Articles 17 and 151 of Federal Law on Copyright of Mexico comply with
Article 9.2 of the Berne Convention and Article 13 of the TRIPS Agreement, which require
limitations and exceptions to exclusive rights to be limited to certain special cases which do not
conflict with a normal exploitation of the works and do not unreasonably prejudice the legitimate
interests of the right holder.
8. Please explain how Article 153 of Federal Law on Copyright of Mexico complies with
Article 13 of the TRIPS Agreement which requires that limitations and exceptions to exclusive rights
confined to certain special cases which do not conflict with a normal exploitation of the work and do
not unreasonably prejudice the legitimate interests of the right holder.
B. PATENTS
9. Please explain how the provisions of Article 213(XI), (XII), (XIII) and (XIV) of the Mexican
Industrial Property Law expressly comply with Article 28 of the TRIPS Agreement which stipulates
exclusive rights to prevent third parties from the act of importing a patented product or a product
obtained by a patented process.IP/C/W/173
Page 21
10. Please explain how Article 34 of the TRIPS Agreement, regarding the shift in the burden of
proof in civil proceedings for patent infringement, is implemented in Mexican legislation.
C. ENFORCEMENT OF INTELLECTAL PROPERTY RIGHTS
11. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringes
intellectual property rights to pay to the right holder.
12. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
13. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation?  Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 22
POLAND
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
Poland (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe the
provisions of the Copyright and Neighbouring Rights Law which provide for the National Treatment
and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as
well as Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Poland provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of
the TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form.  Please explain how the Law complies with
Article 10.2 of the TRIPS Agreement in this respect.
B. TRADEMARKS
6. Please explain how Polish Trademark Law provid es publication of trademark as stipulated in
Article 15.5 of the TRIPS Agreement.
C. GEOGRAPHICAL INDICAITONS
7. Please explain how additional protection is provided for geographical indications for wines
and spirits in Poland as stipulated in Article 23 of the TRIPS Agreement.IP/C/W/173
Page 23
SINGAPORE
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
Singapore (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe the
provisions of the Copyright and Neighbouring Rights Law which provide for the National Treatment
and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as
well as Article 9.1 of the Agreement which incorporates Article 5.1 of the Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Singapore provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6, and 70.2 of
the TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form.  Please explain how the Law complies with
Article 10.2 of the TRIPS Agreement in this respect.
6. Please indicate whether compact discs, such as CD-ROMs, mainly consisted of music and
accompanied by characters, still images, motion pictures or any other types of data than audio are
protected as "database" under the Copyright Law, if such data, including music, can be retrieved.
7. Please explain the term of protection of a work, such as a work by a body corporate, under the
Copyright and Neighbouring Rights Law, as requ ired by Article 12 of the TRIPS Agreement.
8. Please explain how the exception of Article 35 of the Copyright Act of Singapore has been
strictly interpreted so as to bring them within the permissible limitations on Article 9.2 of the
Berne Convention and Article 13 of the TRIPS Agreement.
9. Please explain how Articles 41, 107 and 198 of the Copyright Act of Singapore comply with
Article 9.2 of the Berne Convention and Article 13 of the TRIPS Agreement, which require
limitations and exceptions to exclusive rights to be limited to certain special cases which do not
conflict with a normal exploitation of the works and do not unreasonably prejudice the legitimate
interests of the right holder.
10. Please explain how Articles 144 to 146 of the Copyright Act of Singapore comply with
Article 13 of the TRIPS Agreement which requires that limitations and exceptions to exclusive rights
confined to certain special cases which do not conflict with a normal exploitation of the work and do
not unreasonably prejudice the legitimate interests of the right holder.IP/C/W/173
Page 24
B. TRADEMARKS
11. Please explain how Singaporean Trade Marks Act provides protection of well-known marks
when goods or services are not similar to those in respect of which a trademark registered, as
stipulated in Article 16.3 of the TRIPS Agreement.
C. PROTECTION OF UNDISCLOSED INFORMATION
12. As a condition of approving the marketing of pharmaceutical or of agricultural chemical
products which utilize new chemical entities, does Singaporean legislation require the submission of
undisclosed test or other data, the origination of which involves a considerable effort?  If so, please
explain how Singapore protects such date against unfair commercial use.
13. Please explain how Singapore regulates the acquisition of undisclosed information by third
parties who knew, or were grossly negligent in faili ng to know, that such practices were involved in
the acquisition, as required by footnote to Article 39.2 of the TRIPS Agreement.
D. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
14. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringesintellectual property rights to pay to the right holder.
15. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
16. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation? Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.IP/C/W/173
Page 25
TRINIDAD AND TOBAGO
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under th e Law on Copyright and Neighbouring Rights of
Trinidad and Tobago (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please
describe the provisions of the Copyright and Neighbouring Rights Law which provide for the
National Treatment and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the
TRIPS Agreement as well as Article 9.1 of the Agreement which incorporates Article 5.1 of the
Berne Convention.
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
3. Please explain whether and how Trinidad and Tobago provides retroactive protection to
works, phonograms, performances from other WT O Members, as required by Articles 9.1, 14.6,
and 70.2 of the TRIPS Agreement which apply, mutatis mutandis , Article 18 of the
Berne Convention.  Please indicate the date to wh ich such protection extends back with respect to
each category of subject-matter.
4. Please explain whether protection of "com puter programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required by
Article 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2.1 of the Berne Convention?
5. Please clarify whether "database" under the C opyright and Neighbouring Rights Law includes
compilation of data in machine-readable form.  Please explain how the Law complies with
Article 10.2 of the TRIPS Agreement in this respect.
B. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
6. Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing goods,
materials or implements for their production.  Please explain the criteria for and the way of calculation
to decide the amount of the damages which judicial authorities order to the person who infringes
intellectual property rights to pay to the right holder.
7. Please indicate titles of laws and regulations and their provisions in which the suspension of
the release of counterfeit trademark of pirated copyright goods is prescribed, as stipulated in
Article 51 of the TRIPS Agreement.  Please explain types of intellectual property rights about which
the suspension can be made upon an application by a right holder.
8. Please explain the kind and amounts of criminal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injuredparty has made a formal accusation?  Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.
__________