Egypt's Trademark Law has been amended as follows:
- The protection period is now seven years subject to renewal.
- Ownership of the trademark can be transferred with or without the business related to it.
- Any trademark not used within three years will be removed from the register.
For the full details, please contact our Egypt office or our Regional Office in Amman.
GCC Approves Patent Implementing Regulations
The Implementing Regulations of the Patent Law of the Gulf Cooperation Council countries (GCC) have been approved and signed by the GCC members. Filing patent applications will take effect beginning January 1998.
UAE to Amend Copyright Law
Four years after the implementation of its existing copyright law, the United Arab Emirates cabinet is about to approve amendments to the law that would comply with international agreements.
These amendments were prepared in cooperation with WIPO as part of the country's on-going move towards protecting the rights of audio and video companies, authors of literary works and software companies.
However these amendments will not include changes on the current penalties for infringers, keeping in mind that the current penalties already include punishment of the end users as well.
A Decline in Piracy in Saudi Arabia
For the past two years and especially after the implementation of the copyright regulation on the sale of audio and video tapes, CD's and software, piracy of such works declined considerably.
Special governmental teams continuously conduct raids on stores in order to confiscate any pirated software or CD's as was the case not too long ago in Khobar and Dammam in the Eastern Province of Saudi Arabia.
Along with these special teams, the Riyadh based International Software Alliance, which monitors software piracy, has also been keeping a close watch on the local market.
However, the case differs for audio and video cassettes as well as CD's because there is no such monitoring body. International authorities have to depend on the honesty of the retailers and the expertise of the Ministry of Information in checking on such practices. The local authorities are keeping an eye on such stores and are conducting raids frequently.(r)
In This Issue
l Egypt: Amendment of Trademark Law - page 1
l GCC Approves Patent Implementing Regulations - page 1
l UAE : To Amend Copyright Law - page 1
l A Decline in Piracy in Saudi Arabia - page 1
l Jordan: Seminar on IP Protection - page 2
l AGIP Partners Attended FICPI World Congress - page 2
l Egypt to Ameliorate TM Office Work - page 1
l Yemen: WIPO Seminar - page 2
l Egypt: A Grant From the WIPO - page 2
l Jordan: The 5th Scientific Week - page 1
l In Brief From Our International Office - page 3
Legal Angle
l Morocco: Status of Internationally Registered Models and Designs - page 4
l Jordan: Bilateral Trade Agreement - page 4
l Palestine: Exemptions From Income Tax - page 4
l Investment in the West Bank & Gaza Strip - page 5
l GCC Moving Towards Unified Tariff Agreement - page 5
JORDAN: Seminar on IP Protection
Mr. Talal Abu-Ghazaleh, Chairman of the Arab Society for the Protection of Intellectual Property (ASPIP), spoke at a seminar organised by the Rotary Clubs in Jordan on September 17th, 1997 on intellectual property protection in Jordan and the Arab World in general.
Mr. Abu-Ghazaleh briefed the participants on the current intellectual property situation in the Arab World in light of joining the World Trade Organization (WTO). Nine Arab countries are members and five Arab countries are currently in negotiations with the WTO, with a total of 131 member countries.
In this regard, Mr. Abu-Ghazaleh announced that ASPIP, in cooperation with the WTO, is in the process of issuing a book titled "Business Guide to the Uruguay Round." The book has been translated into Arabic for the use of businessmen, lawyers, government negotiators, and those involved in industry and trade in the Arab countries.
AGIP Partners Attended FICPI World Congress
On September 7th, 1997, the FICPI World congress was inaugurated in Copenhagen, Denmark, with the attendance of members and accompanying persons from about sixty countries throughout the world.
The six-day conference of patent attorneys featured intellectual property subjects such as TRIPs, harmonisation of laws, PCT, Madrid Protocol, IP representation, protection of utility models and patents, enforcement of IP laws, combating counterfeit goods, and a mock trial on patent infringement. AGIP was represented by Mr. Luay Abu-Ghazaleh, Managing Partner, and Mr. Mohammad Doofesh, Partner.(r)
EGYPT to Ameliorate TM Office Work
The Minister of Trade and Supply has decided to improve the work conducted at the Trademarks Office through decreasing the time needed for the examination of a trademark application from two months to two days.
This initiative came up after the participation of the WIPO in the development of the work procedure and after its investment of 16 million Egyptian Pounds in the said development project.
The Minister also declared that there are many training courses offered to the employees of the Trademark Office in order to contribute to their professional advancement.
YEMEN: WIPO Seminar on Intellectual Property
A seminar entitled "WIPO National Seminar on Intellectual Property" will be held in Sana'a, Republic of Yemen, from October 7 to 9, 1997. The seminar is organised by the World Intellectual Property Organization (WIPO) in cooperation with the Yemeni Ministry of Supply and Trade.
The issues to be presented at the seminar will deal with copyright protection and administration, international protection of industrial property, patents as sources of technological information, trademark law and practice, promotion of inventive activity, and industrial property laws of Yemen, among other things.
EGYPT: A Grant from the WIPO to Protect Copyright
WIPO has decided to grant the Copyright Administration of the Higher Council of Culture in Egypt a grant of US $70,000 (seventy thousand) for the development of work in the administration in the form of cash and technological equipment, provided that a suitable place is chosen for the administration.
The decision to request technical assistance aid from WIPO took place at the Ministry of Foreign Affairs in keeping with the development of the Commercial Registry Department of the Ministry of Supply and Trade and the Ministry of Scientific Research. This is also within the framework of implementing the TRIPS and trade in counterfeit products agreements which are part of the GATT.
During the meeting the participants discussed the concept of developing a national awareness of intellectual property and starting a national register for literary and artistic works, because an infringement upon them is a crime punishable under the law. Also, variation of the infringement penalty from one Arab country to the other was discussed. The necessity of adhering to the TRIPS Agreement and the inevitability of developing the governmental bodies operating in the field of copyright were some of the recommendations which were issued at the end of the two-day meeting.
Diary
PTMG Meeting, Lisbon Oct 9-11, 97
CIPA Conference, London Oct 9-11, 97
WIPO Meeting, Geneva Oct 19-25, 97
LES Meeting, San Diego Nov 2-6, 97
INTA Meeting, Puerto Rico Nov 19-22, 97
ALTTS Meeting, Jordan Dec 4, 97
JORDAN: The 5th Jordanian Scientific Week
During the 5th Jordanian Scientific Week which was organized by the Royal Scientific Society from September 15-18, 1997, Mr. Talal Abu- Ghazaleh, President of the Arab Society for the Protection of Intellectual Property (ASPIP), headed the third session of the discussions on productivity.
Mr. Abu-Ghazaleh informed the participants that the Arab Society for the Protection of Intellectual Property (ASPIP), in cooperation with the Arab Academy for Science and Technology in Egypt, is working on producing and editing an Academic Professional Programme to qualify Arabs involved in intellectual property in order to grant them an "IP Expert Diploma".
ASPIP is now working on issuing a dictionary, the first of its kind on intellectual property terms. ASPIP is also working on establishing an Arab Patent Office similar to the European Patent Office in cooperation with the Arab League.
Prof. Eric Hausser, a prominent speaker in intellectual property and former President of the German Patent Office, attended the discussions and spoke of the importance of intellectual property and international cooperation in the economic developments of many countries during the session entitled "Productivity for Improving Intellectual Competition."
EGYPT: WIPO Grant
WIPO has decided to grant the Copyright Administration of the Higher Council of Culture in Egypt a grant of US $ 70,000 (seventy thousand) for the development of work in the administration in the form of cash and technological equipment, provided that a suitable place is chosen for the administration.
The decision to request technical assistance aid from WIPO took place at the Ministry of Foreign Affairs in keeping with the development of the Commercial Registry Department of the Ministry of Supply and Trade and the Ministry of Scientific Research. This is also within the framework of implementing the TRIPS and trade in counterfeit products agreements which are part of the GATT.
During the meeting the participants discussed the concept of developing a national awareness of intellectual property and starting a national register for literary and artistic works, because an infringement upon them is a crime punishable under the law. Also, variation of the infringement penalty from one Arab country to the other was discussed. The necessity of adhering to the TRIPS Agreement and the inevitability of developing the governmental bodies operating in the field of copyright were some of the recommendations which were issued at the end of the two-day meeting.
VIETNAM
Copyright protection
The Copyright Law of Vietnam is governed by the Civil Code which became effective July 1st, 1996 and the Copyright Implementing Regulations which came into effect on November 29th, 1996.
As stated in the implementing regulations, a copyright, regardless of whether the work was published or registered for copyright protection, would arise once the work is created and expressed in a tangible form.
Prior registration of the work does not appear to be a condition for copyright protection as is indicated by both the Civil Code and the Copyright Implementing Regulations.
The author or owner can register the work with the National Copyright Office (NCO) and thus benefit from the fact of establishing ownership of the registered work.
As stated in Article 28 of the Copyright Implementing Regulations "copyright of foreign individuals and legal persons shall be provided for by the Government in another legal document". As there are no new regulations which govern the protection of copyrights of foreign individuals and legal persons, the current practices remain in effect, whereby applications for registration of foreign works are considered by the NCO on a case- by-case basis. In order to apply for copyright registration in Vietnam, the following documents are needed:
- Full name and registered address of the applicant
- Title of the work, its contents, date of first publication and name of the publishing house
- A notarized power of attorney
- Two original copies of the work.
Important changes in Vietnam's Industrial Property Law and Official Fees read as follows:
Vietnam's Industrial Property Law:
Decree No. 63/CP of the Government which provides detailed regulation and guidelines for implementing provisions of the Civil Code on industrial property was signed by Vietnam's Prime Minister on October 24th, 1996 and took effect on that date. This Decree replaced, amongst other industrial property laws, the Regulations on Patents No. 31/CP, and the Regulations on Trademarks No. 197/HDBT.
Official Fees:
On May 9th, 1997, the Ministry of Finance issued a circular which fixed the official fees to be paid to the National Office of Industrial Property. This circular became effective on May 24th, 1997.
Morocco: The Status of Internationally Registered Models and Designs
Article 119 of the Moroccan Law of June 23rd 1916, governing designs and models and which provides:
"The facts prior of the filing are not actionable. The facts that are subsequent to the filing, but prior to publication are not actionable under the previous article...
No penal or civil proceedings are to be instituted, under the same article, unless the registration is made public......"
Under this article, an opposition action cannot be filed by internationally registered designs and models against other local similar or identical registrations. This is simply because international registration has not received sufficient publicity required by the national legislation. The supreme court in its decision as published on July 2nd 1964: Gaz. Trib. Maroc (Morocco Tribunal Gazette) April 25th, 1965, page 41: Cassation March 10 th1964 has confirmed this fact.
Thus, even if an international registration of a design or model was infringed upon and has ground for legal proceedings, article 119 of the law of June 23rd 1916, which is still in force, will deny it such a right. Therefore, in order to obtain protection for internationally registered models and design, it is necessary to obtain national registration in Morocco.
JORDAN: Bilateral Trade Agreement to be Signed With the US
The Minister of Trade and Industry announced that Jordan and the US will sign a bilateral trade agreement in Amman.
This agreement will allow US investors to receive all benefits and privileges that Jordanians receive and, therefore, they will be treated as the nationals are treated. Thus, most sectors will allow enterprises to be wholly US owned without having to go into a partnership with a Jordanian national.
Once this agreement is ratified by the United States' Congress, it will become a binding agreement by law and thus will protect American investments.
PALESTINE: Exemptions From Income Tax
The Palestinian Investment Law of 1995 granted exemptions from income tax for specific types of enterprises.
1) The Act classified enterprises into 4 categories based mainly on the amount of the paid-up capital for each one. Article 11 provides for those categories as follows:
Category (a): Enterprises with paid-up capital which exceeds $500,000 or which continuously employ no less than 25 Palestinian workers, shall be granted exemption from income tax when it becomes payable and from dues for a period of five years, provided that the lifetime of the enterprise amounts to no less than ten working years.
Category (b): Enterprises with paid-up capital which exceeds $150,000 or which continuously employ no less than 15 Palestinian workers, shall be granted exemption from income tax when it becomes payable and from dues for a period of three years, provided that the life of the enterprise amounts to no less than ten working years.
Category (c): Enterprises with paid-up capital which exceeds $100,000 or which continuously employ no less than 10 Palestinian workers, shall be granted exemption from income tax when it becomes payable and from dues for a period of two years, provided that the lifetime of the economic enterprise amounts to no less than five working years.
Category (d): The Palestinian Higher Agency for the Promotion of Investment's Board of Directors may grant exceptional exemptions to enterprises, the capital of which exceeds $ 5,000,000 and which employ no less than 50 permanent Palestinian Workers.
2) The Agency's Board of Directors may grant some enterprises additional exemptions depending on the nature of the enterprise, the Palestinian development needs, priorities and the development areas concerned.
Encouragement of Investment for non-Jordanians Rules 1997
New rules for encouraging foreign Investment in Jordan has been issued recently. The main points of the said Rules are as follows:-
1. Non-Jordanian Investor may appropriate all or part of any project or any economic activity in the Kingdom, except for the following projects and activities in which his/her ownership or contribution does not exceed (50%) fifty percent:-
a. Constructional Contacting projects.
b. Commerce and Commercial Projects.
c. Mining projects.
Except for contributing in public shareholding companies and subject to Sec. 3 of these Rules, investment for non-Jordanians shall not be less than fifty thousand Dollars.
Investment in the WEST BANK and GAZA STRIP
At present all new foreign investments in the West bank, Gaza Strip and Jericho must be registered and authorised by the competent ministries of the Palestinian National Authority (PNA).
In the rest of the West Bank, investment must be authorised by the local Israeli government offices. However due to the signing of an interim agreement with Israel, the Palestinian Authority's responsibility over new investments in the entire West Bank may increase.
Taxation in the PNA is currently as follows:
- Corporate income tax is 38.5% of net profit.
- 40% for incomes between $28,000 and $49,000 and 48% for incomes over $49,000.
An Investment Promotion Law, which offers incentives and allows for exemptions from taxes for PNA approved local and foreign investments, has recently been endorsed by the Palestinian National Authority. Investors who wish to take advantage of these incentives must first get approval for the project they wish to implement from the Palestinian Council for Promotion of Investment. To do so, they must present a completed investment application and feasibility study to the Council. If within 30 days the investors do not receive a written response from the Council, then approval would be automatic.
There are no new laws governing currency accounts and transfer policies. However the PNA investment law does guarantee the repatriation of all foreign capital.
For certain types of investment, such as aviation products, airport construction, waste recycling, solid waste, production of petroleum and its derivatives, broadcasting and television, and all wired and wireless communication, prior ministerial approval from the PNA is required.
The legal system is still somewhat undeveloped and complicated. The Law states that all disputes between investors and official agencies can be resolved in the Palestinian courts, unless otherwise stated by the Investment Council. However, no courts that are able to adjudicate such disputes exist at present. In the West Bank and Gaza, a standard legal system still doesn't exist. In Gaza, civil courts operate under a modernised version of the British Mandate law. In the West Bank, civil courts operate under the Jordanian Law, which has been amended by the PNA for Jericho and by the Israeli military courts for the remainder of the West Bank.
There are other methods to resolve disputes, such as village, tribal and religious tribunals and other traditional methods of conciliation. These alternative methods are usually less costly and much quicker. However the judgments reached can only be enforced through honour and social and family pressure. With that said, even the courts in the West Bank and Gaza do not have a civil law enforcement system. There is hope that in the West Bank this will change following the signing of an interim agreement between the PNA and Israel. In Gaza, the growing professionalism of the police force has greatly improved the security situation which gives hope for a more efficient judicial system.
GCC Moving Towards United Tariff Agreement
In attempting to reach the goals of the Unified Economic Agreement (UEA), signed in 1983, the Gulf Cooperation Council (GCC) has recently agreed to tariff classifications for all but 36 commodities.
This is seen as a first step towards the creation of a GCC Common Market. Other aims of the UEA are to link all stock markets in the region, thus removing all customs barriers and aligning national currencies of the six GCC countries by the year 1999. Until now, the terms of the agreement have not all been implemented.
This latest tariff agreement is part of a drive to classify over 1000 goods and to unify tariff goals. However, efforts to achieve this have been obstructed by disagreements between member states almost since the GCC was first established in 1981.
There have also been discussions between the GCC and the European Union with regards to establishing a free trade agreement between the respective blocks. Such an agreement would open up the lucrative European Markets to cheap petrochemicals and other goods from the Gulf. As of yet there has been little progress.
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