Worldwide: IP Regional Update – February 2016

Last Updated: 18 February 2016
Article by Clyde & Co LLP

Market updates and insights from around the region. This month we report on news from Bahrain, Egypt, Qatar, Saudi Arabia and the UAE.

Bahrain

Official fee increase expected in Bahrain

The Bahraini Trade Mark Office have indicated that an increase in the official fees for prosecution work can be expected in the coming months. As yet, there are no details on what the increase will be and whether it will be as significant as we have seen in other countries, such as Kuwait and the UAE.

Egypt

Anti-counterfeiting barcode system brought in by the Ministry of Supply

A new interactive barcode system has been launched by the Ministry of Supply and the Ministry of Military Production in Egypt. Consumers will be able to send an SMS from their mobile phones with a scan of the barcode on food or pharmaceutical products and will receive an instant verification as to whether the product is genuine or not. Consumers will then also have the option of reporting counterfeits to the authorities through an SMS.

At the moment, brand owners may opt into the service should they wish, although it is thought that it will eventually become mandatory.

Qatar

The Ministry of Economy and Commerce (MEC) seizes 3,382 counterfeit CDs and DVDs.

The Peninsula Qatar Daily Newspaper has reported that inspectors from the MEC have seized 3,382 pirated CDs and DVDs along with a device used to make the infringing discs.

This comes following the MEC's recent announcement that it will continue to prevent the manufacture and sale of pirated software in the country.

Saudi Arabia

Amendments to Patent Regulations in Saudi Arabia

The Saudi Arabian Patent Office has issued amended Implementing Regulations to the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Design.  The Implementing Regulations came into effect on 19 December 2015, and they include a number of significant changes including:

  • Annuity fees are to be calculated from PCT filing date, rather than national phase entry date

Article 65 of the amended Implementing Regulations states that:

"Upon the designation of the Kingdom of Saudi Arabia for protection and after the application reaches the National Phase, an annual fee shall be payable for the applications as from the international filing date and the applicant must pay the said fee for the previous years on the maturity date of the first fee. In case the applicant failed to pay the same within the prescribed deadline, a doubled annual fee shall be payable for all the payable years."

The calculation of the annuities is now from the PCT filing date, rather than the date of entry into the national phase.  In practice, this means that all back dated annuities must be paid on the maturity date, which is taken as 1 January of each calendar year.  Outstanding fees should be paid prior to 31 March 2016 in order to avoid late penalties.

If the fees are not paid by 31 March 2016, there is a grace period until 30 June 2016 to pay the fees with penalties.

Moving forward, for all new PCT national phase filings, the back-dated annuity fees will be due from the next calendar year of filing the National Phase application.

  • The deadline for submitting supporting documents to patent applications is reduced from 90 days to 60 days (but extensions are available)

All supporting documents (Power of Attorney and Deed of Assignment) must now be filed within 60 days of the date of filing.  However, all deadlines (excluding annuity fees) can now be extended by two months upon payment of an official fee. In effect, this extends the original 90 days to 120 days (upon payment of the applicable fee).

  • Lapsed patents may now be restored

The amended Implementing Regulations allow for lapsed patents to be restored if there are "compelling reasons" as to why the applicable deadline was missed and / or the lapse of the patent was outside of the applicant's control.  The restoration action must be filed within 2 months of the lapsed deadline, or within 12 months of the date of refusal (whichever is the earlier).

  • Period for claiming priority extended

Applicants may now add or amend a priority claim within 2 months of the expiry of the 12 month priority period (ie a total of 14 months from the priority founding date). The applicant must pay the required official fees and provide reasons as to why the priority claim was not added / supported / correct at the time of filing.  

UAE

Specialist IP department to be created within UAE Federal Courts

WAM, the official news agency of the UAE, has reported that the UAE Ministry of Justice is to set up a judicial department to settle intellectual property cases. 

This announcement refers to Ministerial Resolution No. 137 of 2016 under which specialised judicial departments are to be created within the UAE Federal Court system to handle intellectual property cases and commercial and civil cases for minor claims valued at a maximum amount of AED 20,000 (approximately USD 5,500).

The stated aim of this initiative is to speed up the handling of litigation before the courts.  The report also refers to a training programme developed by the Judicial Inspection Department for judges and relevant officials in the handling of minor claims and intellectual property cases.

UAE

Global Competitiveness Report 2015-2016 ranks the UAE 22nd globally in intellectual property rights protection

The World Economic Forum in its Global Competitiveness Report for 2015-2016 has ranked the UAE as the 22nd best country globally for the protection of intellectual property rights.

Dubai's Department of Economic Development recently reported that it had confiscated over 63 million infringing items in 2015 with an estimated market value of AED 1.01 billion. This is almost a 50% increase on the previous year.

In related news, Dubai's Customs Department has reported that between January and September 2015, it carried out 101 seizures of counterfeit products coming into Dubai.

UAE

5th Regional Conference on Combating Crime against Intellectual Property in the Middle East and North Africa Region

The 5th Regional Conference on Combating Crime against Intellectual Property in the Middle East and North Africa Region took place in Dubai in November 2015.

The conference, which was attended by professionals and government officials within the field of intellectual property protection, aimed to open discussion between local and foreign users to assist in understanding current threats and share ideas on how these threats can be tackled.

UAE

The Intellectual Property Protection Advisory Board to clean up counterfeits in Dubai

The Department of Economic Development in Dubai (DED) has launched an Intellectual Property Protection Advisory Board.  It is expected that the Board will comprise an official of the DED, along with interested members from various sectors (ie automobiles, fashion and beauty).   The DED anticipates that the Board will meet on a quarterly basis in order to obtain feedback on the current state of counterfeits and to develop ideas on how to combat counterfeit products in the UAE.

IP Regional Update – February 2016

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions