Secretariat TPR |
WT/TPR/S/362 |
S-III§80 |
The West African Economic and Monetary Union: Togo |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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Togo is a member of the World Intellectual Property Organization (WIPO) and has acceded to numerous WIPO administered treaties. During the review period, it ratified a certain number of multilateral intellectual property treaties. [40] (...)
[40] These were (year of entry into force in brackets): Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (2016); (...)
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Keywords
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-Table-III.25 |
Paraguay |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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Table 3.25 Overview of the protection of intellectual property rights in Paraguay, February 2017
Subject/legislation Coverage Term Observations, limitations and exclusions
(...)
Patents
Law No. 1.630/00 of 29 November on patents, as amended by Law No. 4.798/12 of 31 December 2012 creating DINAPI, Law No. 2.047/02 of 10 December 2002 and Law No. 2.593/05 of 17 June 2005
Decree No. 14.201/01 of 2 August 2001 implementing Law No. 1.630/00; supplemented and partially amended by Decree No. 8.069/11 of 23 December 2011 Any invention, whether product or process, that is new, involves an inventive step and is industrially applicable; pharmaceutical products since January 2005. 20 years from the date of filing the application, non renewable. The following may not be patented: plants and animals, with the exception of microorganisms, and essentially biological processes for the production of plants and animals that are not non biological or microbiological processes; products or processes that are included in the state of the art; and inventions whose commercial exploitation must be prevented in order to protect public order, morality, human, animal or plant life or health and the environment.
Compulsory licences may be granted three years after the grant of the patent or four years after the filing of the application if the invention has not been exploited or "no serious and effective preparations have been made to do so", or if exploitation has been suspended for a period of more than one year, provided that the non use is not attributable to force majeure (difficulties of a technical or legal nature outside the control of the patent holder, which render the working of the patent impossible, or lack of resources or economic viability).
(...)
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Keywords
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-III§264 |
Paraguay |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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In order to be protected, patents must relate to new inventions of products or processes involving an inventive step and be industrially applicable (Article 3 of Law No. 1.630/00). Since January 2005, it has also been possible to patent pharmaceuticals, pursuant to Law No. 2.047/02. The following may not be patented: plants and animals, with the exception of microorganisms, and essentially biological processes for the production of plants or animals that are not non-biological or microbiological processes; products or processes that are included in the state of the art; and inventions whose commercial exploitation must be prevented in order to protect public order, morality, human, animal or plant life or health and the environment (Article 5 of Law No. 1.630/00).
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Keywords
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Secretariat TPR |
WT/TPR/S/369/REV.1 |
S-III§162 |
Montenegro |
2018 |
Measures |
Intellectual property measures |
Agriculture |
Relevant information
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(...) The protection of plant varieties is under the responsibility of the Directorate for Food Safety, Veterinary and Phytosanitary Affairs, MARD. A compulsory non-exclusive licence may be granted by MARD provided that the use is of public interest for development of plant production, for protection and development of the environment (...)
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Secretariat TPR |
WT/TPR/S/369/REV.1 |
S-III§170 |
Montenegro |
2018 |
Measures |
Intellectual property measures |
Agriculture, Chemicals |
Relevant information
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Under the Law on Protection of Undisclosed Information (OG Nos. 16/07 and 73/08) (...) Confidential data submitted to authorities for marketing approval of pharmaceuticals and agricultural chemicals are prohibited from public disclosure unless the authorities see a public interest need (i.e. (...) environmental protection).
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Secretariat TPR |
WT/TPR/S/374/REV.1 |
S-Table-A3.8 |
Uruguay |
2018 |
Measures |
Intellectual property measures |
All products/economic activities |
Relevant information
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Table A3. 8 Overview of intellectual property rights in Uruguay, 2018
Legal framework Subject matter/scope Duration Comments, exclusions and limitations
Patents
Law No. 17.164 New inventions, whether products or processes, which involve an inventive step and are capable of industrial application, pharmaceuticals and agro-chemicals included 20 years from the date of filing the application, non renewable (...)The following are not patentable: (...) inventions prejudicial to (...) the environment.
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Secretariat TPR |
WT/TPR/S/230/REV.1 |
S-III§160 |
China |
2010 |
Measures |
Intellectual property measures |
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Relevant information
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The revised Patent Law requires patent applicants to disclose the direct and original source of genetic resources when the completion of an invention depends upon such genetic resources, a measure implemented in the light of the Convention on Biological Diversity
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Secretariat TPR |
WT/TPR/S/227/REV.1 |
S-III§139 |
Croatia |
2010 |
Measures |
Intellectual property measures |
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Relevant information
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Croatia's Patent Act (as amended) provides for the non patentability of, inter alia, plant or animal varieties; essentially biological processes for the production of plants or animals, with the exception of inventions that concern non-biological and microbiological processes and products resulting from such processes
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Secretariat TPR |
WT/TPR/S/220/REV.1 |
S-III-Table III.6 |
Chile |
2009 |
Measures |
Intellectual property measures |
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Relevant information
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Protection is not granted if an invention is contrary to, among others, animals or plants, or the environment.
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Keywords
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Secretariat TPR |
WT/TPR/S/210/REV.1 |
S-III-Table III.15 |
Guatemala |
2009 |
Measures |
Intellectual property measures |
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Relevant information
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Biological processes and materials as they appear in nature (with the exception of microbiological processes) and all inventions whose commercial exploitation would be contrary to public health, human, animal or plant life and the environment are excluded from patentability.
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