Patent, trademark, design & copyright attorneys and agents
AGIP's NEW LOCATION
We would like to inform our clients and readers that the REGIONAL OFFICE of Abu-Ghazaleh Intellectual Property (AGIP) has moved premises. Our mailing address and telephone numbers will remain the same. Our premises address will be as follows:
TAGI House Queen Noor Street, Amman, Jordan
Allowing the Filing of Patent Applications in YEMEN
The Ministry of Supply and Trade in Sana'a has allowed the filing of patent applications, but no further action will be taken on the applications at the present moment.
The requirements for filing a patent application are:
1) A power of attorney executed in the name of the applicant and duly notarized and legalized up to the Yemeni Consulate.
2) A deed of assignment notarized and legalized up to the Yemeni Consulate, if any, executed by the inventor(s), assigning the patent right to the applicant.
3) One copy of the specification and claims together with its Arabic translation.
4) One set of the drawings relating to the invention, if any.
5) An abstract of the invention of no more than 100 words with its Arabic translation.
For more details and our charges, please contact our Yemen Office or our Regional Office in Jordan.
LEBANON: To Study Current IP Laws
A committee of specialists in the field of protecting intellectual property rights was formed to study the present IP laws in Lebanon and to propose the necessary amendments.
This came in light of the developments in the field and the new international conventions to which Lebanon shall accede. The decision was also pursuant to Decree No. 9501 dated November 7th, 1996 and to Resolution No. 2385 of January 17, 1924.
It is worthy to mention here that Mrs. Sana Al-Fahoum, an Intellectual Property Expert, of Abu-Ghazaleh Intellectual Property (TMP Agents) is a member of this committee.
In This Issue
- AGIP's New Location - page 1
- Allowing the Filing of Patent Applications in YEMEN - page 1
- LEBANON: To Study Current IP Laws - page 1
- MOROCCO: Approval of Draft Law - page 2
- Update on the Registration of Gulf Patents -page 2
- ASPIP Chairman Participates in IP Seminar in JORDAN - page 2
- AGIP Receives Two Awards - page 3
- New Premises Address for LEBANON Office - page 3
- In Brief From Our International Office - page 3
- Free Zones in the UNITED ARAB EMIRATES - page 4
- Commercial Courts in MOROCCO - page 4
- Protection of Trademark SEBA in JORDAN - page 5
- EGYPT in the Process of Amending Trademark and Industrial Designs Laws - page 5
MOROCCO: Approval of the Draft Law
The draft of the new law of industrial property has been passed by the council of Ministers. The subject draft law will be presented to parliament soon for approval. The draft law features the most significant and comprehensive changes of industrial property law in its legislative history.
The main purpose of the revision is to bring Moroccan industrial property law into conformity with the WTO/TRIPS Agreements, abolish unreasonable provisions, simplify procedures for searches, registration
The major features of the draft law are as follows:
- Unification and simplification of registration procedures. All applications for the ex-French and ex-Spanish zones will have to be filed with the Casablanca Trade Mark & Patent Office. There will be no need to file in the Tangier Zone.
- Protection of pharmaceutical compositions.
- Obligatory licensing and obligatory use granted by the court to any interested party, if the invention is not used by the owner.
- Protection of integrated circuits configuration, and plant varieties.
- Protection of the inventions of employees.
- Protection of service, collective and certification marks.
- New deadlines for submitting missing documents.
Update on the Registration of Gulf Patents
In our previous issue No. 68 dated April 1998, we featured an article on the registration of Gulf patents stating that the starting date for receiving patent applications from nationals of the GCC countries at the General Secretariat of the Council in Riyadh, Saudi Arabia, would be the First of May, 1997.
We would like to point out that this date has been delayed. The current prediction proposes the end of June or beginning of July.
We still have not received information on the exact date but will keep you updated on any developments.
Mr. Abu-Ghazaleh, ASPIP Chairman, Participates in IP Seminar in JORDAN
The Minister of Water and Irrigation inaugurated the "Intellectual Property Rules" Seminar held on May 28th, 1998 at the Radisson SAS Hotel, Amman, Jordan, which was organized by the International Chamber of Commerce/Jordan, the Arab Society for the Protection of Intellectual Property (ASPIP), and Amman International Center for Commerce Development.
The Minister's inauguration speech pointed out the importance of intellectual property and Jordan's interest in protecting it. Jordan is updating its intellectual property laws in such a way as to harmonize them with the WTO requirements, especially the TRIPS Agreement as well as preparing draft laws or amending other intellectual property laws. The laws will contain clear provisions for the implementation and enforcement of intellectual property laws.
Foremost among the speeches was the one delivered by Mr. Talal Abu-Ghazaleh, Chairman of the Arab Society for the Protection of Intellectual Property (ASPIP). In his speech, he pointed out that such seminars enhance intellectual property concepts which interest Arab officials. A number of Arab countries asked for the expert assistance of ASPIP in amending their laws. ASPIP submitted draft laws for intellectual property, in order to comply with the TRIPS requirements. Mr. Abu-Ghazaleh touched on the electronic trade and dealing through the internet. He said that the electronic trade system is a qualitative jump that surpassed all the traditional concepts in dealing throughout the world and at all levels.
Mr. Abu-Ghazaleh announced that ASPIP is working on implementing an academic programme which aims at qualifying intellectual property experts. The programme will be the result of coordination and cooperation among ASPIP and Arab and international universities. It will provide specialized courses to the creditation of the intellectual property experts degree. He added that ASPIP prepared the first intellectual property dictionary and is working on compiling a volume containing all the judicial decisions issued by the Arab courts on intellectual property in both the Arabic and English languages.
The Chairman of the International Chamber of Commerce said that the WTO administers 32 agreements that cover all that relates to trade. The WTO lays down the rules which regulate the trade flow among its members freely, oversees the implementation of its agreements and issues judgments for contraventions.
The Vice Secretary General of the Arab League, in his speech, said that the Arab League share the participants interest in projects like the establishment of the Unified Arab Patent Office, enacting a Pan-Arab Intellectual Property Law, and the Intellectual Property Expert Qualification Programme.
AGIP Receives Two Awards
Managing Intellectual Property conducted a worldwide survey entitled "Managing Intellectual Property Emerging Markets Survey" in March 1998.
As a result of this survey, Abu-Ghazaleh Intellectual Property (AGIP) was ranked number one firm in the Middle East and won both awards for the following:
- PATENT WORK
- NON PATENT WORK
NEW PREMISES ADDRESS OF OUR LEBANON OFFICE:
Abu-Ghazaleh Intellectual Property Halabi Buidling, First Floor Sanaeh, Beirut, Lebanon Telephones: (9611) 353-859 (9611) 748-385 (9611) 748-386 Telefax: (9611) 350-548
In Brief From Our International Office
Cyprus
Cyprus has amended its patent legislation to conform with the European laws as a step towards joining the European Union. This amendment was approved by the House of Representatives on April 6th, 1998. Under this law, inventors will be able to register their patents in Cyprus instead of the United Kingdom as was required under the previous law.
Also, the Patent Cooperation Treaty Act entered into force in Cyprus on April 1st, 1998, thus Cyprus became the 19th member state of the European Patent Convention.
Philippines
Important changes, which came into effect on January 1st 1998, have occurred to the Philippines Trade Mark Law and Practice. These changes can be summarized as follows:
- At the time of filing, it is no longer necessary to claim prior use of the mark.
- The applicant needs to file, within three years from the date of filing, a declaration that the mark is being used in the Philippines.
- Multi-class applications can be filed.
- Term of protection has been reduced to ten years.
- It is no longer necessary for the applicant to sign the application. It can be signed by the local representative.
- The local representative requires a power of attorney form signed before a Notary Public.
Singapore
Singapore passed a bill on February 19th, 1998 which amends its Copyright Act in order to comply and meet the requirements of the TRIPS Agreement. The amendments were given presidential assent on February 24th, 1998.
This bill also provides the legislative framework for Singapore to accede to the Berne Convention for the Protection of Literary and Artistic Works. Once the Copyright Bill of 1998 is in force, Singapore will accede to the Berne Convention.
South Africa
A new law has been passed by the Parliament to clarify the position of the trademarks and designs registered in the former independent homelands of Transkei, Bophuthatswana and Venda.
As these homelands were incorporated into the Republic of South Africa in 1994, an application in South Africa will cover these areas. An existing trademark application will automatically extend to the homelands.
Proprietors of trademarks have a grace period up to January 1st, 1999 to notify the Registrar at South Africa Registry if they wish to extend the South African registration to cover the whole of South Africa.
ABLE's News Update
- Free Zones in the UNITED ARAB EMIRATES
- Commercial Courts in MOROCCO
- Protection of Trademark SEBA in JORDAN
- EGYPT in the Process of Amending Trademark and Industrial Design Laws
Free Zones in the UNITED ARAB EMIRATES
Setting up business in free Zones in the United Arab Emirates is relatively easy. Dubai offers foreign companies the environment and the infrastructure needed for conducting profitable business. Now there are two free zones in Dubai: The Jebel Ali Free Zone and Dubai Airport Free Zone.
Facilitating procedures encourage foreign investments and corporations to consider setting up a business in Dubai. Licenses are granted for: Trading, Industry; Services, and National Industry. Companies holding a valid license, issued by the Dubai Economic Development Department (DEDD), may apply for a trading license. Such a license permits the holder to conduct activities as provided for in the original license. Corporations incorporated outside the UAE are also eligible for trading licenses in addition to the industrial licenses mentioned above.
Companies seem to be looking for certain criteria to be available when considering investment in other countries. Investing in the Dubai Free Zones, in most cases, provides for such requirements. Companies operating in the Free Zones enjoy the status of offshore companies and are considered as operating outside the UAE whenever legal issues are concerned.
The government of Dubai is committed to liberal, free market policies and to the creation of a business environment conducive to commercial activity. In contrast to the requirements for setting up businesses in other countries in the region, Dubai's Free Zones offer 100% of foreign ownership, exemption from all import duties, 100% repatriation of capital and profits, inexpensive energy, availability of a skilled and experienced work force, simple recruitment procedures, and support from the competent authorities.
Other benefits for setting up in Dubai include tax issues as there are no corporate taxes and no income taxes. Cost wise, investing in Dubai also offers competitive labor costs, competitive energy costs, and very competitive real estate costs. There are no foreign exchange controls, no trade barriers, and competitive import duties.
A Free Zone Establishment (FZE) is an entity regulated and formed within the Free Zones where a registration should be obtained. A single shareholder may set up a FZE which is then considered as an independent legal entity. The capital of such establishments must be at least Dh. 1 million. Once the FZE has obtained the required registration (a procedure that takes up to 30 days after receiving the application), such establishment will be free to conduct any such business as is specified in its license. FZE are usually granted a Trading license.
Companies holding a Free Zone license are permitted to operate in the Jebel Ali or Dubai Airport Free Zones and outside the UAE. Operation within the UAE requires the involvement of the services of a commercial agent, representative, distributor, or the mother company licensed by the authorities. Any company holding a Free Zone license can itself purchase goods or services within the UAE.
ABLE's News Update
- Free Zones in the UNITED ARAB EMIRATES
- Commercial Courts in MOROCCO
- Protection of Trademark SEBA in JORDAN
- EGYPT in the Process of Amending Trademark and Industrial Design Laws
Protection of Trademark (SEBA) In JORDAN
The first appellee applied to register the trademark (SEBA) in class (3) for cosmetics, perfume, hair removal, and shampoo products (except for Dead Sea salts). The trademark was registered under the number (33972).
After the said trademark was published in the Official Gazette, appellant opposed the registration requesting that the registration procedures be halted. The second appellee (the Registrar) decided on the issue rejecting the opposition and ordered the registration procedures to be continued. This appeal was submitted on June 11th, 1997 to contest the Registrar's decision.
Appellant alleged that the Registrar erroneously did not consider that the first appellee shall be considered as the party which has relinquished its application for registration because it did not submit any evidence in the opposition action. This allegation is found to be without any merits because first appellee does not have to submit any evidence especially that the issues hereof are related to law and not to fact.
As to the other allegation regarding similarities between the trademark "SEBA" and the trademark "SEBAMED" registered and owned by the German company "SEBAMAT-CHEMIE" in class (5) under the registration number 19771, we find that they are not identical especially that the similarity is only restricted in one section of the original mark. Our court's precedents has been established that similarity in one section of the mark only does not accomplish the similarity requirement intended to prevent the registration of other marks.
Also, the application for registration of the contested trademark is in a different class. The German company's mark is registered in class (5) for pharmaceutical, hygienic, veterinary, and sterilization products while the other trademark's registration was applied for cosmetics, perfume, hair removal, and shampoo products in class (3).
Article 7/5 of the Jordanian Trademarks Law provides that: "A trademark must be registered in respect of particular goods or classes of goods." This implies that protection is only available for goods for which the trademark has been registered for.
Accordingly, we find the contested decision to be correct and the appeal therefore shall be rejected.
EGYPT is in the process of Amending its Trademark and Industrial Design Laws
The Egyptian Government has formed a special committee to amend the Trademark and Industrial Design laws in order to create a more developed system of intellectual property that can cope with quick international developments in the area of industrial technology. Among the major proposed amendments is one to allow the assignment and/or transfer of the trademark separately, as is the situation in the TRIPS Agreement.
However, it is noteworthy to mention that the present law does not allow transfer and/or assigning the trademark unless along with the establishment itself.
The proposed amendment also includes the reduction of the term after which the trademark could be cancelled due to non-use from 5 years, in the present law, to 3 years according to the proposal.
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.
