RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/219/Add.3
19 February 2001
(01-0814)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Follow-up Questions Posed by the European Communities and their member States
Addendum
By means of communications from the Permanent Delegation of the European Commission,
dated 9 February 2001, the Secretariat has received copies of the following follow-up questions
addressed to Guatemala, Kuwait, Paraguay, Peru and Turkey, respectively.
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GUATEMALA1
Ad response to reply 5:
Please explain how the current exclusion from the protection of performers of audiovisual
works, according to Article 53 of the Guatemalan Law, complies with Article 14.1 of the TRIPS
Agreement.
Ad response to reply 8:
Please clarify how and under what provision, Guatemalan legislation grants the retroactive
protection provided pursuant to Article 14.6 of the TRIPS Agreement to works and other
subject-matter that are still under protection in their country of origin.
Ad response to reply 17:
Please clarify how the Guatemalan legislation prevents or allows invalidation of trademarks
for wines or spirits which contain or consist of a geographical indication.
KUWAIT2
Ad response to reply 2:
Please clarify the scope of the Kuwait law and cite the relevant provisions in the law.
                                                     
1 These questions follow up Guatemala's responses in document IP/C/W/226/Add.1.
2 These questions follow up Kuwait's responses in document IP/C/W/232.IP/C/W/219/Add.3
Page 2
Ad response to reply 5:
Please clarify the protection granted to producers of phonograms (sound recording) and
broadcasting organizations and cite the relevant provisions in the law.
Ad response to reply 6:
Please clarify how the second paragraph of Article 16 of the Kuwait Law, which permits the
Minister for Information to grant a licence concerning the translation of a literary work into Arabic,
preserves the legitimate interests of the right holders in accordance with the relevant provisions of the
Berne Convention and in light of Article 13 of the TRIPS Agreement.
Add response to reply 8:
Please clarify how, and under what provision, Kuwait legislation grants the retroactive
protection provided pursuant to Article 14.6 of the TRIPS Agreement to works and other
subject-matter that are still under protection in their country of origin.
Add response to reply 14:
Please describe how, and under what provisions of your legislation, the requirements of
Articles 22.3 of the TRIPS Agreement are implemented.
Add response to reply 15:
Please clarify whether or not Kuwait has implemented the definition of a geographical
indication as included in Article 22.1 of the TRIPS Agreement.
PARAGUAY3
Ad response to reply 6:
Please clarify how the Dirección Nacional del Derecho de Autor ensures that the limitations,
foreseen by the title V of the law, preserve the legitimate interests of the right holders.
Ad response to reply 8:
Please describe how, and under what provision, Paraguayan legislation grants the retroactive
protection provided pursuant to Article 18 of the Berne Convention and Article 14.6 of the TRIPS
Agreement to works and other subject-matter that are still under protection in their country of origin.
PERU4
Ad response to reply 7:
Please clarify how Peruvian legislation applies the terms of protection to the rights of
neighbouring right holders, and the work or subject-matter to which it applies.
                                                     
3 These questions follow up Paraguay's responses in document IP/C/W/231.
4 These questions follow up Peru's responses in document IP/C/W/221/Add.2.IP/C/W/219/Add.3
Page 3
Ad response to reply 8:
Please describe how, and under what provision, Peruvian legislation grants the retroactive
protection provided pursuant to Article 18 of the Berne Convention and Article 14.6 of the TRIPS
Agreement.
Ad response to reply 14:
Please give a list of denominations, if any, which were used by your nationals, in a continuous
manner for at least 10 years preceding 15 April 1994.
TURKEY5
Ad response to reply 5:
Please clarify the meaning of "that do not have rhetorical character" in Article 2.3 of Law
No. 5846, and its compatibility with Article 9.2 of the TRIPS Agreement.
Ad response to reply 6:
Please clarify the definition of "ideas and principles" in Article 2.3 of Law No. 5846 and its
compatibility with Article 9.2 of the TRIPS Agreement.
Ad response to reply 9:
What is the state of play on the "Draft for amendment of Certain Articles of Law on
Intellectual and Artistic works" (1/5328), which should modify current Article 43 of Law No. 5846?
Ad response to reply 10:
Please clarify the provisions in your legislation that comply with Articles 3(1), 3(2), 3(3), 4,
5, 6(2), 6 bis, 7(1), 7(2), 7(3), 7(4), 7(6), 7(7), 7(8), 13(3), 14(3) 15(2), 15(4), 18, 19, 20 and 21 of the
Berne Convention, as required by Article 9.1 of the TRIPS Agreement.
Ad response to reply 11:
Please clarify how Article 80.2 of Turkish law No. 5846 is in accordance with Article 14.1 of
the TRIPS Agreement.  Moreover, please clarify how the remaining paragraphs of Article 80 of thesame law, i.e. 80.5, 80.6 and 80.7 are in accordance with the remaining paragraphs of Article 14 of the
TRIPS Agreement.
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5 These questions follow up Turkey's responses in document IP/C/W/227.