RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/219/Add.1
15 November 2000
(00-4694)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions Posed by the European Communities and their member States
Addendum
By means of a communication from the Permanent Mission of the European Commission,
dated 7 November 2000, the Secretariat has received copies of the following questions addressed to
Chile, Colombia, Estonia, Peru and Turkey, respectively.
_______________
CHILE
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how Chile complies with Article 9.1 of the TRIPS Agreement in conjunction
with Article 18 of the Berne Convention, and Article 14.6 of the TRIPS Agreement regarding
"retroactive protection".
3. Please explain how Chile provides for protection for computer programs and compilations of
data as requested under Article 10 of the TRIPS Agreement.
4. Please explain how Chile provides for rental right for computer programs (Article 11 of the
TRIPS Agreement) and sound recordings (Article 14.4 of the TRIPS Agreement).
C. TRADEMARKS
5. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
6. Please confirm whether or not services are a protectable subject-matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as
sound, perfumes and containers are protectable.
7. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.IP/C/W/219/Add.1
Page 2
8. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
9. Please describe the special requirements, if any, prescribed by your legislation concerning the
use of a trademark.
D. GEOGRAPHICAL INDICATIONS
10. Please explain how geographical indications for other products than wines, spirits and
vinegars are protected in your legislation.
11. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
12. Please explain whether or not Article 27 of the Law No. 18.455 is to be understood as the
definition of a geographical indication for wines and spirits in your legislation.
13. Article 30 of the Law No. 18.455 provides for the protection of designations.  Please indicate
whether or not this Article can be interpreted as covering the protection of geographical indications
even when the true origin is indicated or is used in translation or accompanied by expressions such as
"kind", "type" or the like.
14. Please indicate and justify on which precise basis the use of European geographical
indications in Article 1°-6, 1°-15, Article 12°, Ar ticle 19°c), e), f), of the Law No. 18.455 are made.
15. Please clarify whether the regulation foreseen in Article 55° of the Law No. 18.455 has to
comply with the definition of Article 22.1 of the TRIPS Agreement.
16. Please explain how Article 11° of DTO-464 complies with Article 23.2 of the TRIPS
Agreement.
17. Please explain the relationship between Article 3°a), with the definition of geographical
indications of Article 22.4 of the TRIPS Agreement in particular for "indications which identify a
product as originating in a territory".
E. INDUSTRIAL DESIGNS
18. Please describe the procedure that must be followed to obtain protection for industrial designs
and cite the provisions of law under which such protection is provided.
19. Please precise if the law provides for limited exceptions to the protection of industrial
designs.
20. Please describe the requirements for securing protection for textile designs not unreasonably
to impair the opportunity to obtain such protection, especially regarding the cost of a request.
21. Please describe the procedure that must be followed by a right holder to enforce the rights
provided by Article 67 of the Law No. 19.039.
22. Please mention whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
23. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.IP/C/W/219/Add.1
Page 3
F. PATENTS
24. Please describe how micro-organisms, non- essentially biological processes and
microbiological processes are protected in your legislation.  Please explain in this respect the relevant
sections of your legislation.
25. Article 39 of Law 19.039 of 1991 establishing Rules Applicable to Industrial Privileges and
Protection of Industrial Property Rights (hereinafter referred to as CIPL) provides for a patent
protection term of 15 years.  Please indicate when and how this provision will be amended in order to
bring it into conformity with Article 33 of the TRIPS Agreement.
26. Please clarify if the patent protection of a proces s, as provided for in your legislation, covers
the product obtained directly by that process.
27. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant provisions and describe the additional conditions.
28. Please indicate where your patent legislation provides for limited exceptions to the exclusive
rights conferred by a patent.  If affirmative, please make a reference to relevant legislation.
29. Please explain how Article 51 of the CIPL incorporates all specific and detailed requirements
of Article 31 of the TRIPS Agreement.
30. Please clarify whether compulsory licences can be issued on other grounds than for
"monopolistic abuse of a patent" as provided in Article 51 of the CIPL.
31. Please indicate where your legislation provides for a shift in burden of proof in process patent
infringement actions as provided for by Article 34 of the TRIPS Agreement.
32. Please indicate where your legislation provides for an opportunity for judicial review of
decisions to revoke or forfeit a patent as prescribed by Article 32 of the TRIPS Agreement.
33. Please mention if your legislation grants additional protection for innovations after the
20 years of patent protection has lapsed.
34. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1 January 1995.
35. Article 37 of the CIPL excludes plant varieties from patent protection.  Plant varieties are
protected under a sui generis  system laid down in the Law No. 19.324 of 1994 on the Rights of
Breeders of New Plant Varieties.  Please explain how, in your view, the regime provided therein is
"effective" within the meaning of Article 27.3(b) of the TRIPS Agreement.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
36. Please describe how your legislation protects topographies.
37. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.IP/C/W/219/Add.1
Page 4
38. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it
contains an unlawful topography.
39. Please state the term of protection granted by your legislation to topographies.
H. UNDISCLOSED INFORMATION
40. Please explain how and to what extent your legislation provides protection for undisclosed
information within the meaning of Article 39.2 of the TRIPS Agreement.
41. Please, explain how your legislation defines "undisclosed information".
42. Please indicate where and how your legislation guarantees protection of data submitted to
obtain marketing approval for pharmaceutical or agricultural chemicals utilising a new chemical
entity, in conformity with Article 39.3 of the TRIPs Agreement.
I. ENFORCEMENT
43. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
44. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
45. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
46. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
47. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury he suffered.
48. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
49. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
50. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
51. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
52. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
53. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.IP/C/W/219/Add.1
Page 5
54. Please quote what provisions of your legislati on authorize the competent authorities to order
the destruction or disposal of infringing goods.
55. Please indicate whether or not your legislation provides for a de minimis  imports exception.
56. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
COLOMBIA
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the
Berne Convention (1971).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
5. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
C. TRADEMARKS
6. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration inthat respect.
7. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
8. Please describe the special requirements, if any, prescribed by your legislation concerning the
use of a trademark.
D. G
EOGRAPHICAL INDICATIONS
9. Please describe the legal means available to prevent illegal use of the geographical indications
covered by the definition of Article 129 of Decision No. 344.
10. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.IP/C/W/219/Add.1
Page 6
11. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
12. Please give examples, if any, of indications th at have been considered as common or generic
pursuant to Article 132(c) of Decision No. 344.
E. INDUSTRIAL DESIGNS
13. Please clarify if Article 58 of Decision No. 344 of 1993 (document IP/N/1/COL/I/1) uses the
criteria of an independent creation to provide the protection.
14. Please state precisely if and under what conditions the initial protection of eight years can be
extended (Article 65 of Decision No. 344 of 1993).
15. Please state precisely if the owner of a protected industrial design has the right to prevent
third parties from making, selling or importing articles bearing or embodying a design which is
substantially a copy (for clarification of Article 69 of Decision No. 344 of 1993).
16. Please give examples, if any, of any exceptions  to the protection of industrial designs which
your legislation foresees.
F. PATENTS
17. Please, describe how micro-organisms, non-essent ially biological processes, microbiological
processes and plant varieties are protected in your legislation.  Please explain in this respect therelevant sections of your legislation.  In partic ular, Article 6(b) of Decision No. 344 of 1993 of the
Commission of the Cartagena Agreement on the Co mmon Industrial Property Regime (hereinafter
"Decision 344") provides that material that exists in nature or a replica of such material cannot be
considered as an invention for the purpose of patenting.  Does this mean that micro-organisms are
excluded from patentability?
18. Article 7(e) of Decision 344 excludes from patentability inventions related to pharmaceutical
products being on the WHO's list of essential medicines.  Please indicate on the basis of which
provision of the TRIPS Agreement could this exemption be justified and how it would be in
conformity with Article 27.1 of the TRIPS Agreement which states that patents shall be available
without discrimination as to the field of technology.
19. Please clarify if the patent protection of a proces s, as provided for in your legislation, covers
the product obtained directly by that process.
20. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant provisions and describe the additional conditions.
21. Please indicate where your patent legislation provides for limited exceptions to the exclusive
rights conferred by a patent.  If affirmative, please make a reference to relevant legislation.
22. Please clarify what is to be understood by "to exploit a patented invention" under Article 35
of Decision 344.  Please clarify to what extent this refers to regarding all the exploitation methods of a
patent referred to in Article 28.1 of the TRIPS Agreement (nl. making, using, offering for sale, selling
or importing)?IP/C/W/219/Add.1
Page 7
23. Article 42 of Decision 344 allows the granting of compulsory licences if, after a period of
three years after the grant of the patent or four years after the patent application, the patent has not
been "exploited" within the meaning of Articles 37 and 38 of Decision 344 in the Cartagena
Agreement Member State where the patent application was filed.  Please clarify whether this entails
that a mere failure to produce the patented product within the country where the application was filedwould provide sufficient grounds for issuing a compul sory licence, even if the product in question is
imported in sufficient quantities to meet market demand.
24. Please explain to that extent Article 42 of Decision 344 ensures that:  (1) a proposed user has
made efforts to obtain authorization from the right holder on reasonable commercial terms and
conditions;  and (2) that such efforts have not been successful within a reasonable period of time.  In
this context, how and on what basis do you define "reasonable period of time"?
25. Article 42 of Decision 344 provides that the compulsory licensee shall pay an adequate
remuneration to the patent holder.  Does this imply that the economic value of the authorization
should be taken into account?
26. Please indicate where your legislation provides that any decision relating to the authorization
of a compulsory licence shall be subject to judicial or other independent review by a distinct higher
authority, as prescribed by Article 31(j) of the TRIPS Agreement.
27. Please indicate whether and where your legislati on provides that the scope and duration of a
compulsory licence must be limited to the purpose for which it was authorized.
28. Please indicate whether and where your legislation provides that, in the case of semi-conductor
technology, a compulsory licence shall only be gran ted for public non-commercial use or to remedy a
practice determined after judicial or administrative process to be anti-competitive.
29. Please indicate which provision of  your legislation provides an opportunity for judicial review
of any decision to revoke or forfeit a patent.
30. Please mention if your legislation grants additional protection for innovations after the twenty
years of patent protection has lapsed.
31. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1 January 1995.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
32. Please describe how your legislation protects topographies.
33. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
34. Please explain how your legislation provides for the derogation from Article 36, as specified
in Article 37 of the TRIPS Agreement, where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it
contains an unlawful topography.
35. Please state the term of protection granted by your legislation to topographies.IP/C/W/219/Add.1
Page 8
H. UNDISCLOSED INFORMATION
36. Please explain how and to what extent your legislation provides protection for undisclosed
information within the meaning of Article 39.2 of the TRIPS Agreement.
37. Please explain how your legislation defines "undisclosed information".
38. Please indicate where and how your legislation guarantees protection of data submitted to
obtain marketing approval for pharmaceutical or agricultural chemicals utilising a new chemical
entity in conformity with Article 39.3 of the TRIPS Agreement.
I. ENFORCEMENT
39. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
40. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
41. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
42. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
43. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury which he has suffered.
44. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
45. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
46. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
47. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
48. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs' authorities.
49. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
50. Please quote what provisions of your legislati on authorize the competent authorities to order
the destruction or disposal of infringing goods.
51. Please indicate whether or not your legislation provides for a de minimis  imports exception.
52. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/219/Add.1
Page 9
ESTONIA
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and promotes the public interest in sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Do the provisions of Section 2(2) of the Estonian Copyright Act mean that:
(a) the provisions of the TRIPS Agreement have been absorbed into Estonian
domestic/national law;
(b) the provisions of the TRIPS Agreement will take precedence over the Estonian
Copyright Act in the case of a conflict;
(c) the provisions of the Berne Convention for the Protection of Literary and Artistic
Works (1971) have been absorbed into Estonian domestic/national law;  and
(d) will the provisions of the Berne Convention apply in the event of a conflict between
the Estonian Copyright Act and the Berne Convention?
3. Does the phrase "other works" in Section 4(3)(23) include:
(a) cinematographic works within the meaning of Article 11 of the TRIPS Agreement
and Articles 2 and 14 bis of the Berne Convention;  and
(b) lectures, addresses, sermons, works of engraving and lithography and three
dimensional works relative to geography and topography within the meaning ofArticle 2 of the Berne Convention?
4. In terms of Section 4(3)(22) and 34 of the Estonian Copyright Act, copyright refers to
"collections of works and collections of information (including data bases)" but, on the contrary, in
terms of Section 5(7), the Copyright Act does not apply to "mere facts and data".  Please clarify the
respective application to these two provisions.  C onfirm whether or not compilations of data, within
the meaning of Article 10.2 of the TRIPS Agreement, are in fact covered by the Estonian Copyright
Act.
5. In Section 5 of the Estonian Copyright Act there is no mention made of the Act not applying
to "mathematical concepts" as provided for in Article 9.2 of the TRIPS Agreement.  Please clarify
whether or not the Estonian Copyright Act does apply to mathematical concepts and that such
concepts fall within the meaning of "theories" in Article 5(1) of the Copyright Act.
6. In Section 5(2) of the Estonian Copyright Act, it is stated that the Act does not apply to
"expressions of folklore".  Please explain:
(a) the meaning of the phrase "expressions of folklore";  and
(b) why "expressions of folklore" are excluded from the protection.IP/C/W/219/Add.1
Page 10
7. Please explain if rental rights, as prescribed in Article 11 of the TRIPS Agreement in relation
to "computer programs and cinematographic works", are provided for in the Estonian Copyright Act
and advise where mention is specifically made of such rights with respect to such works in the
Estonian Copyright Act.
C. TRADEMARKS
8. Section 8 of the Estonian Trade Mark Act sets out relative grounds for refusal of a trademark
registration, one of these being contained in Section 8(7), where reference is made to "trademarks
including protected industrial designs".  Please confirm that this ground would be interpreted in
Estonian law to mean "trademarks including protected industrial design of a third party ".
9. Is the presumption, which is contained in the second sentence of Article 16.1 of the TRIPS
Agreement, inherent in Section 33(1) of the Estonian Trademark Act?
D. GEOGRAPHICAL INDICATIONS
10. Please notify texts of the Consumer Protection Act and the Alcohol Act of which mention is
made on page 5 of document IP/N/1/EST/1.
11. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
12. Please give the definition of a geographical indication in your legislation.
13. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
14. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
15. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.
16. Please provide examples of the use of the exceptions by courts or lists of names considered as
generic in your jurisdiction.
E. INDUSTRIAL DESIGNS
17. Please confirm that, in terms of Section 2(2) of  the Estonian Industrial Design Protection Act,
the whole of the TRIPS Agreement has been integrated into, and now forms part of the national law of
Estonia?
F. PATENTS
18. Does Section 4 of the Estonian Patent Act mean that the TRIPS Agreement has been
integrated into, and now forms part of, the national law of Estonia insofar as patents are concerned?
19. Please clarify and explain to what extent are layout-designs of integrated circuits not
protectable under the Act pursuant to Section 7(3) of the Estonian Patents Act.
20. Please clarify in what respect "possessing" is an act of infringement in relation to
Section 15(1)(1) of the Estonian Patents Act?IP/C/W/219/Add.1
Page 11
21. Where the subject-matter of a patent is a process, Section 15(2) of the Estonian Patents Act
makes no mention of "importing" the product obtained directly by the process.  Please confirm that
the verb "obtaining" in Section 15(2) of the Estonian Patents Act would be interpreted broadly to
include "importing" within the meaning of Article 28.1(b) of the TRIPS Agreement.
22. Please explain the discrepancies between Section 47 of the Estonian Patents Act and
Article 31 of the TRIPS Agreement, and more particularly with Article 31(c) through to (h) and (l).
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
23. Please confirm that it is correct to say, in terms of Section 2(3) of the Estonian Act on the
Protection of Layout-Designs of Integrated Circu its, the provisions of the TRIPS Agreement and, in
particular, the Articles of the Treaty on Intellectual Property, in respect of integrated circuits referred
to in Article 35 of the TRIPS Agreement, have been integrated into, and now form part of the national
law of Estonia.
24. Please explain why the limitations of Article 37.1 of the TRIPS Agreement have not been
built into Section 15 of the Estonian Layout-Designs of Integrated Circuits Protection Act.
25. Please advise why the conditions, which have been set out in subparagraphs (a) through to (k)
of Article 31 of the TRIPS Agreement, have not be en incorporated into the Estonian Layout-Designs
of Integrated Circuits Protection Act and to which reference is made in Article 37.2 of the TRIPSAgreement.
H. U
NDISCLOSED INFORMATION
26. On pages 9 through to 10 of document IP/N/1 /EST/1 mention has been made by Estonia to
certain specific Acts, which are operational in Estonia, relating to the protection of undisclosed
information but two questions arise from the provision of Article 39 of the TRIPS Agreement namely:
(a) Please describe and explain the provisions of your legislation relating to the
protection of undisclosed information as envisaged in Article 39.2 of the TRIPS
Agreement.
(b) Please describe and explain the provisions of your legislation relating to the approval
of the marketing of pharmaceutical or agricultural chemicals prescribed inArticle 39.3 of the TRIPS Agreement.
I. E
NFORCEMENT
27. Please explain what provisions exist in Estonian law relating to the enforcement of
intellectual property rights as set out specifically in Article 46 of the TRIPS Agreement.
28. Although provisions in respect of special requirements relating to border measures are
contained in Sections 26 and 45 (as amended) of the Estonian Customs Act (IP/N/1/EST/E/1) and
although other provisions available in Estonia are encapsulated in paragraphs 15 and 16 ofdocument IP/N/6/EST/1, please explain and/or give  information in respect of special requirements
relating to border measures as contained in Articles 51 to 60 of the TRIPS Agreement and when they
will be brought into operation by the Estonian legislation.IP/C/W/219/Add.1
Page 12
PERU
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for th e protection of the exclusive rights of authors
in relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the
Berne Convention (1971).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings)
and broadcasting organizations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject
matter to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
C. TRADEMARKS
9. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
10. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
11. Please describe the special requirements, if any, prescribed by your legislation concerning the
use of a trademark.
D. GEOGRAPHICAL INDICATIONS
12. Please give examples, if any, of indications th at have been considered as common or generic
pursuant to Article 132(c) of Decision 344 and /or Article 221 of the Legislative Decree 823.IP/C/W/219/Add.1
Page 13
13. Please clarify the meaning of Article 137 of the Legislative Decree 823 and confirm whether
or not your trademark registration authority refuses a trademark application if it contains a
geographical indication.
14. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
E. INDUSTRIAL DESIGNS
15. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
16. Please explain how your legislation protects ri ght holders of a design against importing of
articles bearing an embodied or copied design.
17. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
18. Please indicate for what period of time your legislation grants protection for industrial
designs.
F. PATENTS
19. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation.  Please explain in this respect therelevant sections of your legislation.  In particular, Article 27(b) of Legislative Decree 823 on
Industrial Property Law (hereinafter "Decree 823") provides that material which exists in nature or a
replica of such material cannot be considered an invention for the purpose of patenting.  Does this
mean that micro-organisms are excluded from patentability?
20. Article 28(e) of Decree 823 excludes from patentability inventions related to pharmaceutical
products being on the WHO's list of essential medicines.  Please indicate on the basis of which
provision of the TRIPS Agreement this exemption could be justified and how it would be in
conformity with Article 27.1 of the TRIPS Agreement which states that patents shall be available
without discrimination as to the field of technology.
21. Please clarify if the patent protection of a proces s, as provided for in your legislation, covers
the product obtained directly by that process.
22. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant provisions and describe the additional conditions.
23. Please indicate where your patent legislation provides for limited exceptions to the exclusive
rights conferred by a patent.  If affirmative, please make a reference to relevant legislation.
24. Article 75 of Decree 823 allows the granting of compulsory licences if, after a period of three
years after the grant of the patent or four years after the patent application, the patent has not been
"exploited" within the meaning of Articles 70 and 71 of Decree 823 in the Cartagena Agreement
Member State where the patent application was filed.  Please clarify whether this entails that a mere
failure to produce the patented product would provide sufficient grounds for issuing a compulsorylicence in the country where the application was filed, even if the product in question is imported in
sufficient quantities to meet market demand?IP/C/W/219/Add.1
Page 14
25. Please explain to what extent Article 75 of Decree 823 ensures that:  (1) a proposed user has
made efforts to obtain authorization from the right holder on reasonable commercial terms and
conditions;  and (2) that such efforts have not been successful within a reasonable period of time.  In
this context, how and on what basis you define "reasonable period of time"?
26. Article 75 of Decree 823 provides that the compulsory licensee shall pay an adequate
remuneration to the patent holder.  Does this imply that the economic value of the authorization be
taken into account?
27. Please indicate where your legislation provides that any decision relating to the authorization
of a compulsory licence shall be subject to judicial or other independent review by a distinctly higher
authority.
28. Please indicate whether and where your legislati on provides that the scope and duration of a
compulsory licence must be limited to the purpose for which it was authorized.
29. Please indicate which provision of  your legislation provides an opportunity for judicial review
of any decision to revoke or forfeit a patent?
30. Please mention if your legislation grants additional protection for innovations after the
20 years of patent protection has lapsed.
31. Please, explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1 January 1995.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
32. Please describe how your legislation protects topographies.
33. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies includingintegrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
34. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement whereby a person has no knowledge or reasonable grounds to
know, when acquiring an integrated circuit or an article incorporating such an integrated circuit, that itcontains an unlawful topography.
35. Please state the term of protection granted by your legislation to topographies.
36. Please indicate whether and where your legislation provides that, in the case of semi-conductor
technology, a compulsory licence shall only be gran ted for public non-commercial use or to remedy a
practice determined after judicial or admi nistrative process to be anti-competitive.
H. U
NDISCLOSED INFORMATION
37. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information.  If so, please give the time-span.
38. Please explain how your legislation defines "undisclosed information".
39. Please explain how your legislation defines data submitted to Governments or governmental
agencies.IP/C/W/219/Add.1
Page 15
I. ENFORCEMENT
40. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
41. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
42. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
43. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
44. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury which he suffered.
45. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
46. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
47. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
48. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
49. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs' authorities.
50. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
51. Please quote what provisions of your legislati on authorize the competent authorities to order
the destruction or disposal of infringing goods.
52. Please indicate whether or not your legislation provides for a de minimis  imports exception.
53. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/219/Add.1
Page 16
TURKEY
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state when the Draft Law amending certain articles of Intellectual Artistic Works Law
No. 5846, will be brought into operation by the Turkish legislation (whose proposed amendments are
set out on pages 39 to 52 of  document IP/N/1/TUR/C/1).
3. Please explain Articles 1 and 2.3 of Law No. 5846 in view of the phraseology of Article 9.2
of the TRIPS Agreement.
4. Please explain the meaning of "bearing the characteristics of its owner" in Article 1 of
Law No. 5846 and what is its basis in the TRIPS Agreement?
5. Please explain the meaning of "that do not have rhetorical character" in Article 2.3 of
Law No. 5846 and what is its basis in the TRIPS Agreement?
6. Please explain why "ideas and principles in" are limited to such ideas and principles
"constituting a basis for any element of a computer program" in Article 2.3 of Law No. 5846 and not
to the broader concept of Article 9.2 of the TRIPS Agreement, namely to "expressions and not to
ideas, procedures, methods of operation or mathematical concepts as such"?
7. Please explain Article 2.1 of Law No. 5846 in vi ew of Article 10.1 of the TRIPS Agreement.
8. What is the reason for the proviso to Article 2.1 of Law No. 5846 "that these lead to a
program in the next stage" and what is its basis in the TRIPS Agreement?
9. Why do the first sentence of Article 40 and the final sentence of Article 43 of Law No. 5846
extend beyond the limitations or exceptions provided for in Article 13 of the TRIPS Agreement which
restrict such limitations and exceptions to "certain special cases"?
10. In terms of Article 9.1 of the TRIPS Agreement, Members must comply with Articles 1
through 21 of the Berne Convention (1971) and the Appendix thereto.  Please describe and explain the
provisions of your legislation that comply with each of these Articles in Law No. 5846 or any other
law in operation in Turkey.
11. Where are provisions complying with the five paragraphs of Article 14 of the TRIPS
Agreement to be found in Law No. 5846 or in any other law of Turkey?
12. The documents listed below have been notified by Turkey under Article 63.2 of the TRIPS
Agreement.  Please explain, with reference to specific Articles of the TRIPS Agreement, in what way
each of the following documents purports to support Turkey's compliance with the TRIPS Agreement:
(a) Law No. 3257 on cinema, video and music work s of art – document IP/N/1/TUR/C/2;IP/C/W/219/Add.1
Page 17
(b) statute on the professional unions and federation of the authors and owners of the
neighbouring rights and regulations on neighbouring rights to authors of works –
document IP/N/1/TUR/C/3;
(c) regulations on the marketing of intellectual and artistic work and amendments to the
regulations regarding the marketing of intellectual and artistic works – documentIP/N/1/TUR/C/4;  and
(d) regulation on inspection of cinema, video and music works of art and regulation on
enterprise licences to be given to the film, video, record and cassette administrators –
document IP/N/1/TUR/C/5.
C. T
RADEMARKS
13. Where is a provision, corresponding to Article 15.4 of the TRIPS Agreement, to be found in
Decree Law No. 556 on the protection of trademarks?
14. Please clarify the meaning of Article 7(g) of Decree Law No. 556 in view of Article 16.3 of
the TRIPS Agreement.
15. Please clarify the meaning of Article 7(i) of Decree Law No. 556 in view of the provisions of
Article 16.2 of the TRIPS Agreement.
16. Is the presumption required in terms of the second sentence of Article 16.1 of the TRIPS
Agreement inherent in Article 61(b) of Decree Law No. 556?
D. GEOGRAPHICAL INDICATIONS
17. Please clarify whether or not geographical indications, protected in a WTO Member, will be
protected by Article 56 of the Turkish Competition C ode (1956) and/or by Articles 15 and 24 of the
Turkish Decree Law No. 555.
18. Please state if other legal means, for interested (and not registered) parties, preventing the
incorrect or inaccurate use of geographical indications, such as the ones prescribed by Article 22 of
the TRIPS Agreement, exist.
19. Please give examples, if any, of names that have been considered as the common name for a
product even where it relates to a geographical name pursuant to Article 5(b) of the Turkish DecreeLaw No. 555.
20. Please give examples, if any, of names that are considered as the generic name of the product
contained in a registered sign pursuant to Article 16 of the Turkish Decree Law No. 555.
21. Please clarify if the fact that a registered geographical sign, pursuant to Article 16, second
sentence, of the Turkish Decree Law No. 555 may not be the generic name of the product together
with Article 16, first sentence, and should be interpreted as allowing registration of signs which are
not exclusively composed of a generic name.
22. Please give examples, if any, of application of registration in case of homonymous names
pursuant to Article 8, last paragraph, of the Turkish Decree Law No. 555.
23. Please state references of your law pursuant to Article 30 of the Turkish Decree Law No. 555.IP/C/W/219/Add.1
Page 18
E. INDUSTRIAL DESIGNS
24. Please confirm that, according to Turkish law, Article 17 of Decree Law No. 554 extends the
exclusive rights of the owner of a design registration to prevent third parties from not only making,
selling or importing articles bearing or embodying the design as registered but also a design which is
"substantially a copy" thereof.
F. PATENTS
25. Please clarify whether or not Article 73(c) of  Decree Law No. 551 provides protection of
patents against third parties and offering others the use of a patented process only "where such use is
known or should be known to be prohibited".
26. In terms of Articles 96 to 98 of Decree Law No. 551, a patentee or his licensee is obliged to
"work" a patented invention.  It is understood that the verb "work" means "exploit" in Turkey.  Please
clarify whether or not this would include importation.
27. Please explain the divergences of Articles 99 to 120 of Decree Law No. 551 with Article 31
of the TRIPS Agreement.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
28. Please state when the Draft Law on the Protecti on of Layout-Designs of Integrated Circuits
will be brought into operation in Turkey (document IP/N/1/TUR/L/1).
H. UNDISCLOSED INFORMATION
29. Please advise what provisions exist in Turkish law which meet the requirements of Article 39
of the TRIPS Agreement relating to the protection of undisclosed information.
I. CONTROL OF ANTI-COMPETITIVE PRACTICES IN CONTRACTUAL LICENCES
30. Apart from the provisions of Article 93 of Decree Law No. 551 on the protection of patent
rights, please advise what provisions exist in Turkish law along the lines of Article 40.2 of the TRIPS
Agreement.
J. ENFORCEMENT
31. Please provide a copy of Turkish Law No. 4128 to which reference is made on pages 15 and
16 of document IP/N/1/TUR/2 and please explain what provisions exist in Turkish law relating to theenforcement of intellectual property rights as set out, not only in Article 41 of the TRIPS Agreement,
but also in Articles 42 to 62 with particular reference to:
(a) copyright and related rights apart from part Five of Law No. 5846
(document IP/N/1/TUR/C/1);
(b) trademarks apart from Part VIII of Decr ee Law No. 556 (document IP/N/1/TUR/T/1);
(c) geographical indications;
(d) industrial designs apart from Part VI of Decree Law No. 554
(document IP/N/1/TUR/D/1);IP/C/W/219/Add.1
Page 19
(e) patents apart from Part X, sections II to IV, of Decree Law No. 551
(document IP/N/1/TUR/P/1);
(f) layout-designs (topographies) of integrated circuits apart from Articles 27 to 33, 35 to
37, 41 and 42 of the Draft Law on the Protection of Layout-Designs of Integrated
Circuits (document IP/N/1/TUR/L/1);
(g) protection of undisclosed information;  and
(h) control of anti-competitive practices in contractual licences.
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