IN THIS ISSUE

GCC PATENT OFFICE CONTRACTS FOREIGN EXAMINATION PATENT OFFICES

JORDAN
"COPYRIGHT LAW...A LOOK TO THE FUTURE"

SYRIA:
NEW PATENT REGULATIONS

OMAN:
LAUNCHING CAMPAIGNS AGAINST SOFTWARE PIRACY

BAHRAIN:
A TRADEMARKS DIRECTORY

Q&A ON TRADEMARK LAW & PRACTICES IN GAZA

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GCC PATENT OFFICE CONTRACTS FOREIGN EXAMINATION PATENT OFFICES

The GCC Patent Office Registrar, Mr. Mohamed Al-Rasheed, announced that the Office Administration has approved developmental plans, foremost among which was the examination mechanisms. He pointed out that the examination is important for compliance with TRIPs by the year 2000.

The GCC Patent Office Registrar is to sign agreements with foreign examination offices who will be reviewing patents as to substance as per the understanding reached. Pending patents will be dispatched for examination as soon as the agreements are signed.

Mr. Al-Rasheed further discussed the possibility of sending staff abroad for training in the European Patent Office, the UK Patent Office, the US Patent Office and the German Patent Office.

The GCC Patent Office is working on its webpage which includes full information and forms, as well as working on seminars and lectures in universities, scientific research centers, and Chambers of Commerce in the GCC member countries, on industrial property and the GCC Patent System.

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JORDAN: "COPYRIGHT LAW...A LOOK TO THE FUTURE"

A seminar titled "Copyright Law ... A Look to the Future" was inaugurated on July 5, 1999 in Jordan under the sponsorship of Dr. Hamza Haddad, the Minister of Justice. In his inaugural speech, Dr. Haddad said that Jordan is committed to the implementation of Intellectual Property Protection and that the Ministry is well aware of its importance. He added that the government will amends its laws to comply with the International Conventions and the TRIPs Agreement, and that the judicial system has issued many decisions on intellectual property disputes.

The seminar discussed how intellectual property protection balances the rights of creators of intellectual property rights and the rights of the public to use such property fairly.

It also explained that it is illegal to use the works of others without permission and that intellectual property laws lay down the rules for exploitation rights and fair use.

Mr. Jawad Rida, the Director of Copyright Protection Department of the United Arab Emirates, explained the Emirati experience in implementing and enforcing the copyright law. He said that copyright piracy, especially in the computer software field, has been reduced to 50% during the past five years.

Major Kamal Al-Karaki, the Head of Computer Crimes Section of the Jordanian Public Security Directorate, presented his speech on combating computer crimes. He said that losses due to computer crimes are big and expensive and that some of them are serious enough to threaten the national security of countries.

Major Al-Karaki explained that computer crimes are targetting copyrights in computer networks and programs. The government showed interest in combating computer crimes by establishing a Computer Crimes Section to deal with this tricky situation. The section follows up latest developments in computer crimes commission and evidence gathering. He pointed out that computer crime tracking is difficult because it is an across-the-border activity, which stresses the importance of international cooperation in combating computer crimes.

Foremost among the participants were judges, lawyers, law enforcement officers and interested people from both the public and private sectors.

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SYRIA: NEW PATENT REGULATIONS

The Syrian Proprietary Protection Department has recently implemented new regulations with regard to filing patent applications. Initially, applications will not be accepted unless if the power of attorney submitted is notarized by the country of applicant. (This maybe submitted at the department file and copies made for filing of other patents).

In order to better protect the proprietor's rights, Syrian Patent Letters will not be issued until home country Patent letter (registration certificate) has been issued. The applications maybe filed with a copy of original applications but will remain pending until the issuance of the home letter Patent.

According to this procedure Patents will remain pending until the submission of the required document.

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OMAN: LAUNCHING CAMPAIGNS AGAINST SOFTWARE PIRACY

On July 3, 1999, Oman started enforcing its Copyright Law after a 7-month grace period.

The Ministry of Industry and Trade is taking measures against stores selling pirated software, as it did regarding pirated phonograms, and will follow up compliance with the law. It is trying to spread awareness among Omani merchants seeking to join the World Trade Organization and implementing the TRIPs Agreement as one of the pre-requirements.

The task groups of the Ministries of Trade and Industry and National Heritage & Culture have been on searching campaigns since the beginning of the year and have seized pirated audio and video records. Now the Ministry is working on the same mission regarding computer software diskettes and CD-ROMS to ensure compliance with the law. A follow-up programme was made by a committee which listed all the companies dealing in computer software.

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BAHRAIN: A TRADEMARKS DIRECTORY

Bahrain Intellectual Property Office will prepare and publish a Directory of the Trademarks registered in Bahrain which will also include legislations and advertisements.

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Q&A ON TRADEMARK LAW & PRACTICES IN GAZA

Q: What is registrable?
A: Words, drawings, emblems, monograms, engravings, color combinations, combinations of letters and numbers, advertising slogans, and any other distinctive signs, including service marks, are registrable.

Q: Is local registration the only option, or are there international alternatives?
A: A Palestinian registration/application has effect in Palestine only.

Q: Is registration of a trademark mandatory?
A: Registration is compulsory.

Q: Should a trademark be searched before filing?
A: It is highly recommended.

Q: How long does it take to conduct a trademark search?
A: Two to four working days.

Q: How do I file?
A: The applicant must file a Trademark Application via a Palestinian trademark attorney.

Q: Does Gaza Strip follow the International Classification of goods?
A: Yes.

Q: Are there any goods or services for which the mark cannot be registered?
A: No.

Q: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to the whole goods within the class?
A: The specification of goods in any class limits the protection to the specified goods.

Q: Can a trademark be registered in the name of more than one applicant (i.e. joint application)?
A: No.

Q: Can an application be filled without its complete documents?
A: No.

Q: Can one application cover more than one class of goods/services?
A: No.

Q: May priority be claimed under the Paris Convention?
A: No, as the PNA is not a member of it.

Q: What is the term of protection of a trademark and from what date is it calculated?
A: For seven years from the filing date, renewal for a further 14 years.

Q: Is marking compulsory?
A: No, but recommended.

Q: Is use required before registration or for maintaining the registration in force?
A: No, but it is highly recommended as the registration may be cancelled by 3rd party due to non-use within two years from the filing date.

Q:Can assignment of an application be recorded?
A: Yes.

Q: Is Recordal of a license agreement compulsory?
A: No.

Q:Can recordal such as change of name, address, merger, assignment, license, etc., be made against pending application?
A: Yes.

Q: Can the trademark application be opposed and what is the opposition period?
A: Yes, three months following publication in the Official Gazette.