Abu-Ghazaleh Intellectual Property Bulletin, May 1997

SEMINAR LUNCH ROUNDTABLES LIVE CLASSICAL MUSIC CONCERT

Deadline Extended

In response to our valued clients' request, we will be extending the deadline for responding to AGIP's 25th anniversary celebration invitation until May 30th, 1997. Please make sure to send all replies prior to that date. For more information or enquiries, or if you have not received an invitation and wish to attend, please contact our Regional Office in Amman, Jordan, at the address, fax or e-mail printed on the back page of this bulletin. We hope to see you in London, England, on July 14th 1997.u

UAE: Licensed Agents Can Now Register Trademarks

A new Ministerial Decision now permits licensed agents in the United Arab Emirates to register trademarks with the Ministry. Registration of trademarks was previously limited to lawyers.

Ministerial Decision No. 21 for the year 1997 amends Article 3 of the Implementing Regulations of the Federal Law No. 37 on Trademarks as follows:

"The application for a trademark registration shall be submitted on the form prescribed for use to the Department by any of:

In this issue
l AGIP Silver Anniversary -page 1
l UAE: Agents Can Now Register TMs -page 1
l Yemen Approves Plan for IP System -page 2
l DIARY-page 2
l Slumbering Peace...Boycott System -page 3
l S.ARABIA Prohibits Software Copying -page 3

Legal Angle
l OMAN: Committee name changed to 'Commercial Court' -page 4
l OMAN: A new advocacy law -page 4
l JORDAN Investment Law Amended -page 4
l JORDAN: The first-to-use principle destroys first-to file principle -page 5

AGIP Visits Japan in May

Communication Comptroller, Ms. Sana'a Al Fahoum, will be visiting Japan this Month. She began her trip on April 28th, 1997, in Tokyo, where she will remain to visit with clients until May 10, 1997.

Ms. Al Fahoum will then head for Osaka, and will remain until May 17, 1997. Should you wish to meet with her, please contact our Regional office in Amman, Jordan via e-mail, mail or fax at the particulars given on the back page of this bulletin.

YEMEN approves UN Plan to Strengthen its IP System

Yemen's Ministry of Supply and Trade has approved a plan by the UNDP (United Nations Development Programme) to strengthen its intellectual property system. The project, which will be executed by WIPO (World Intellectual Property Organization), aims at "promoting technological, industrial and cultural development, and fostering trade and investment through improving the intellectual property system, thereby providing encouragement to individual inventors, creators of works, scientists, industrialists and entrepreneurs, and facilitating the creation, acquisition and adaptation of technology.

The project will strengthen the capabilities of the participating Arab Governments in the field of protection and administration of intellectual property, through modernizing legislation, introducing more efficient and development-oriented administrations, and developing human resources. The project will also establish the required mechanisms to provide information services to the scientific and productive sectors in the participating countries with a view to promoting local inventive and creative activity."

WIPO, as the executing agency of the project, will provide administrative and technical support for the project, engage experts and consultants, arrange for on-the-job training, collective training and study attachments, as well as provide advice on the selection , purchase and installation of equipment, and identification and/or development of software.

Diary

JAPAN Visit Apr 28-May 17, 97

INTA Annual Meeting, TEXAS May 3-7, 97

AGIP 25th Anniversary, LONDON Jul 14, 97

The UNDP summarized the situation at the end of the program as follows: (we quote)

1. In the field of legislation, a majority, if not all, of the Arab countries would have modern intellectual property laws and more effective implementing regulations to fulfil commitments arising from international agreements and treaties, including the TRIPs Agreement, as well as a core of government officials and legislators capable of better formulating and implementing appropriate policies for their countries in the field of intellectual property.

2. Modern and computer-assisted intellectual property administrations with information systems that would allow the greater exploitation of trademarks, industrial designs and copyright protection for transfer and local commercialization, as well as to help secure and develop new markets and increase market effectiveness.

3. New generation of professionals, management and technical staff, policy-makers and users of intellectual property system, who are more knowledgeable and better trained in the use, exploitation and management of the intellectual property system for economic and trade promotion, as well as acquisition of new technologies.

4. Establishment of institutional mechanisms for providing access to, and facilitating the use of, intellectual property information and its further dissemination, particularly to stimulate invention, innovation and technology development and commercialization.

5. Increased local knowledge and skills for negotiating contracts concerning the acquisition of technology of foreign origin, where such technology is the subject of intellectual property rights and is locally protected.

6. Increased publication of information and teaching material, in Arabic, on the various aspects of intellectual property rights, to be used in higher educational institutions in management, law, engineering, science and technology, as well as in government circles and small and medium enterprises.

Slumbering Peace Process Activates Boycott System

The Middle East is watching the dramatic situation in the region. At least the peace process has not continued in the positive direction it was leading during the past couple of years. Major driving forces in the governments and also in the public sector of the Arab countries are preoccupied with today's politics to the detriment of intellectual property issues.

The absence of progress in the peace negotiations has resulted in a relative revival of the boycott of Israel system by the Arab countries. This was the subject of a decision taken by the Arab foreign ministers convening at the Arab League headquarters in Cairo on March 30, 1997 in relation with the Jerusalem issue. The decision (said to bear the obligation of a recommendation) provides for immediate cessation of the normalisation of relations with Israel (including closure of representative offices already open), cancellation of participation in the multilateral negotiations on various issues between Israel and Arab countries under

SAUDI ARABIA Prohibits Software Copying

In Saudi Arabia, the permanent Committee for Academic Research and Fatwa (Independent Legal Judgements) has confirmed that it is not permissible to copy computer software except with the permission of their owners.

SAUDI ARABIA Prohibits Software Copying

In Saudi Arabia, the permanent Committee for Academic Research and Fatwa (Independent Legal Judgements) has confirmed that it is not permissible to copy computer software except with the permission of their owners.

UAE: Licensed Agents Can Now Register Trademarks

1. The proprietor of the trademark if residing in the country.

2. A law office licensed in the country.

3. An agent licensed to register trademarks in the country.

The decision will be implemented as of its date of issuance and will be published in the Official Gazette." AGIP will keep you informed of any new developments in this respect.

YEMEN approves UN Plan to Strengthen its IP System

Yemen's Ministry of Supply and Trade has approved a plan by the UNDP (United Nations Development Programme) to strengthen its intellectual property system. The project, which will be executed by WIPO (World Intellectual Property Organization), aims at "promoting technological, industrial and cultural development, and fostering trade and investment through improving the intellectual property system, thereby providing encouragement to individual inventors, creators of works, scientists, industrialists and entrepreneurs, and facilitating the creation, acquisition and adaptation of technology.

The project will strengthen the capabilities of the participating Arab Governments in the field of protection and administration of intellectual property, through modernizing legislation, introducing more efficient and development-oriented administrations, and developing human resources. The project will also establish the required mechanisms to provide information services to the scientific and productive sectors in the participating countries with a view to promoting local inventive and creative activity."

WIPO, as the executing agency of the project, will provide administrative and technical support for the project, engage experts and consultants, arrange for on-the-job training, collective training and study attachments, as well as provide advice on the selection , purchase and installation of equipment, and identification and/or development of software.

The UNDP summarized the situation at the end of the program as follows: (we quote)

1. In the field of legislation, a majority, if not all, of the Arab countries would have modern intellectual property laws and more effective implementing regulations to fulfil commitments arising from international agreements and treaties, including the TRIPs Agreement, as well as a core of government officials and legislators capable of better formulating and implementing appropriate policies for their countries in the field of intellectual property.

2. Modern and computer-assisted intellectual property administrations with information systems that would allow the greater exploitation of trademarks, industrial designs and copyright protection for transfer and local commercialization, as well as to help secure and develop new markets and increase market effectiveness.

3. New generation of professionals, management and technical staff, policy-makers and users of intellectual property system, who are more knowledgeable and better trained in the use, exploitation and management of the intellectual property system for economic and trade promotion, as well as acquisition of new technologies.

4. Establishment of institutional mechanisms for providing access to, and facilitating the use of, intellectual property information and its further dissemination, particularly to stimulate invention, innovation and technology development and commercialization.

5. Increased local knowledge and skills for negotiating contracts concerning the acquisition of technology of foreign origin, where such technology is the subject of intellectual property rights and is locally protected.

6. Increased publication of information and teaching material, in Arabic, on the various aspects of intellectual property rights, to be used in higher educational institutions in management, law, engineering, science and technology, as well as in government circles and small and medium enterprises.

7. Increased knowledge among inventors, scientists, researches, authors, composers, performers and members of their associations, on the nature of their respective rights, the effective exercise of these rights in licensing and other types of transfer of rights and on taking the necessary steps to secure adequate protection of their intellectual property rights.

8. General improvement in the administration of justice and enforcement of rights in the intellectual property field, as well as a more widespread development of the profession of intellectual lawyers and agents.

9. Greater sub-regional and regional cooperation among the Arab countries in the field of intellectual property, with emphasis on the exchange of information and experience on legal and administrative reforms, and policy and incentive frameworks adopted by governments for intellectual property systems to support trade policies, this will be particularly promoted through the use of regional experts and roving missions and meetings.

The project is estimated to have begun on March 1, 1997 and should end on December 31, 1999.

OMAN

A new royal decree changes the name of the 'Committee of the Commercial Disputes' to the 'Commercial Court'

A Royal Omani Decree has amended the name of the entity which handles commercial cases from" The Committee of the Commercial Disputes" to "The Commercial Court."

The amendment was published in the Official Gazette, edition No. 596 dated MAR 26,1997

According to the said Decree:

1. That court has the jurisdiction to act as a court of appeal to look into taxation cases.
2. The Governmental entities are exempted from the Judicial Fees which have to be paid to the commercial court in case of filing a lawsuit against any defendant.

OMAN

A new advocacy law

According to Royal Decree No. 108/96, a new advocacy law has been published in the Official Gazette No. 590 dated December 29, 1996. The new law provides that:

1. The license of a foreign law firm shall be valid for three years, as from the date of issuance of this law.
2. All lawyers practising law in law firms shall, within one year of this law, register their names in a special Register kept by the Ministry of Legal Affairs.
3. Foreign lawyers shall not have the right to appear before the Omani Courts after (7) years as from the date of issuance of this law.
4. Non-Omani lawyers can practise in any Omani law firm if that lawyer has already practised advocacy for not less than ten (10) years.
5. Arab lawyers can appear before Omani courts with Omani lawyers in a lawsuit provided that the principle of reciprocity is applied and that a prior approval from the chief of the court concerned is obtained.

JORDAN Amends Investment Law

In an effort to encourage foreign investors, Jordan has amended its Investment Promotion Law No. 16, of the year 1995.

Some important changes are:

A non-Jordanian investor may acquire not more than 50% in any project or economical activities in the following sectors:

1. Land and air transportation
2. Construction and contracting
3. Trade and trade services
4. Insurance and banking
5. Communication
6. Mining.
7. Agricultural products
8. Investment in the Amman financial market.

Also, non-Jordanian investors who are willing to invest in the Hashemite Kingdom of Jordan, may hold shares in any project through capitalising their credit to the project, provided that those investors have to submit an instrument proving the transfer of the value of their shares in convertible foreign currency through a licensed bank or financial institution or through proving introduction of any other sort of foreign capital, as stated in Article (5) of the law.

According to the new amendments, a foreign investor can acquire 100% of the projects which are not mentioned here above, i. e. industry, tourism and health."

The new regulations did not fix a minimum capital or share or shareholding in those projects, which means that the investor can contribute any capital amount or hold the shares wished in the project.

This amendment supersedes the provision which obliges non-Jordanian investors to contribute not less than one hundred thousand Jordanian Dinars (equivalent to U.S.$ 143,000) as his/her share in any form of company listed in the Companies Law in Jordan.

JORDAN's High Court of Justice:

The first-to-use Principle destroys first-to file Principle

The principle of first-to-use was one of the important decisions rendered by the High Court of Justice in Jordan, in trademark case No. 73/96.

The decision focused on the first-to-use and first-to-file principles.

The facts are simple: a Jordanian company filed an application for the trademark "CON'S" in Class 25 in 1992. A Turkish company opposed the application depending on their registration in Turkey since 1989 and on the fact that the products have been exported to and used in many countries in the world including Jordan.

The Court was convinced of the Turkish Company's case and issued the decision in its favour on the following bases:

1. Unfair Competition and deceiving the public. Whereas Article 8 paragraph 6 of the Trademarks Law provides that the trademark must indicate its real origin, and whereas the whole trademark is not very distinctive, and a similarity exists between the products of the two trademarks and, that the likelihood to confuse exists and the public has already been confused; therefore, this confusion may be considered as an unfair competition to the other's products.

2. The assumption that the consumer is not supposed to carefully examine the trademark when purchasing the product. The Trademarks Law has been enacted to protect those who do not examine and not those who do.

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.