AGIP / IN THIS ISSUE

KUWAIT:
AMENDMENTS TO IP LAWS AND NEW COPYRIGHT LAW

LIBYA:
OFFICIAL FEES TRIPLED

LEBANON:
DESTROYS PIRATED COMPUTER DISKS

UNITED ARAB EMIRATES:
ON WATCH LIST FOR PHARMACEUTICALS

SYRIA:
THE REGIONAL SEMINAR ON INTELLECTUAL PROPERTY PROTECTION AND PATENT MARKETING

UNTED ARAB EMIRATES:
Q & A ON PATENT LAWS & PRACTICES .

LEBANON:
THE ROAD TO PRIVATIZATION

JORDAN:
PROPOSALS TO AMEND INVESTMENT LAW
IP LEGISLATION AMENDMENTS
PARLIAMENT APPROVES RAISE OF SALES TAX
NEW TRADE LIBERALIZATION DEPARTMENT

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KUWAIT: AMENDMENTS TO IP LAWS AND NEW COPYRIGHT LAW

Kuwait introduced a new copyright law and amended the existing trademark, patent and design laws which were published in the official gazette number 414 dated June 6, 1999. Highlights are on page 2.

Trademarks:

  • Adds figurative elements, color combinations, sound marks, and olfactory marks to the definition of trademarks.
  • Stresses the non-registrability of confusion causing trademarks to the consumers.
  • Expands the renewal grace period from three to six months after expiration of the trademark registration.
  • Cancels the provision that a lapsed trademark registration can only be refiled in the name of a third party after three years of cancellation

Patents of invention and Industrial Designs:

  • Extends the protection period for patents from 15 to 20 years.
  • Registers in Kuwait patents registered in other countries for their remaining validity periods.
  • Extends the protection for models and industrial designs from 5 years to 10 years extensible for another 5 years.
  • Grants protection for integrated circuits for 10 years extensible by another 5-year period.
  • Increases the penalties of imprisonment and fine.
  • Provides that the patents whose annuity payments are not made in time lapse irrevocably.

Copyrights:

  • Protects all original copyright works including computer software and data bases as well as derivative works.
  • Provides for a general protection period for the lifetime of the author plus 50 years after his death.
  • Grants the author the right of publication, economic right and moral rights.
  • Permits fair use provisions which do not conflict with the normal exploitation of the economic rights.
  • Gives performers and broadcasting organizations economic right.
  • Passes on the economic rights to the heir after the death of the copyright holder.
  • Stipulates compulsory publication without prejudice to the copyright holder.
  • Provides for a 50-year protection for works of corporate bodies, published after the author's death, anonymously or pseudonymously, and cinematographic, photographic, applied-art, software and databases works, as well as performers and broadcasting organizations.
  • Provides for preliminary injunctions, right to damages, civil and criminal penalties in cases of copyright infringement.

For more information please contact our Regional Office.

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LIBYA: OFFICIAL FEES TRIPLED

Based on Decision No. 70 dated May 31, 1999 the official fees for Law No. 8 for the year 1959 regarding patents of invention, and models and industrial designs, have now tripled. Please contact our Regional Office for more information.

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LEBANON: PIRATED COMPUTER DISKS DESTROYED

The Lebanese government has destroyed thousands of pirated software disks. This measure comes in context with the enforcement of the upcoming Intellectual Property Law (no. 75 for the year 1999), which was passed by the Lebanese parliament last month. The new law prohibits copyright piracy and infringement and holds the infringer liable to up to three years of imprisonment and a fine between US$ 13,000 and 33,000. The law does permit fair use copying for students and non-profit organizations. However, the Lebanese parliament has submitted an:

‘Expedited draft Law’ that suspends the implementation of some provisions of the IP law The Lebanese parliament has submitted a draft law aiming to suspend the implementation of some provisions of Law no. 75 dated April 3, 1999 regarding literary and artistic property protection. The sole article of the draft law states that the implementation of the provisions of the articles below be postponed for six months following the implementation of the law:

Article 87:

Penalty by imprisonment from one month to three years and or a fine from LL 5,000,000 (US$ 3,225.80) to 50,000,000 (US$ 32,258.00) concerning broadcast, radio, and television transmission piracy and infringement. The penalty is doubled for repetition.

Article 88:

Penalty by imprisonment from one month to three years and/or a fine from LL 5,000,000 (US$ 3,225.80) to 50,000,000 (US$ 32,258.00) for facilitating or arranging for the receipt of pirated and infringing broadcast, radio, and television transmissions. The penalty is doubled for repetition.

Article 89:

Legal action for the above infringements may be taken either through the public prosecutor or upon request from the injured party, or the head of the Intellectual Property Protection Department. The law will take effect upon publication in the Official Gazette.

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UAE: ON WATCH LIST FOR PHARMACEUTICALS

The Pharmaceutical Research and Manufactures of America (PhRMA) has asked the US government to maintain the United Arab Emirates (UAE) on the Priority Special 301 watchlist of countries that do not provide adequate intellectual property protection. Intellectual and industrial piracy rank very high among the list of concerns of American companies doing business in the Middle East. Recently, the UAE was commended for legislation and action taken in trying to curb intellectual piracy. The International Intellectual Property Alliance then recommended to the US trade representative that the UAE be removed from the Priority Special 301 watchlist.

Intellectual piracy (the production, sale and acquisition of illegal copies of computer software, CDs, CD-ROMs and video films) has declined in the UAE from 60 percent in 1997 to approximately 54 percent, close to the European level. However, PhRMA indicated that the UAE should be kept on the list despite statements by the Gulf country that it will amend its patent law before 2000 to meet WTO requirements.

The existing law, which was adopted in 1992, specifically exempts medicines and pharmaceutical compounds from product patent protection. According to PhRMA, whose representatives said that although the UAE health ministry is sincere in its efforts to combat pirated products, flaws in the structure of the law mean that unauthorized "copies" of internationally patented pharmaceuticals could be developed, authorized and sold, under pressure from local and regional manufacturers of generic products.

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Q & A On PATENT LAW AND PRACTICES IN UAE

Q: Can a patent search be conducted?
A: Yes.

Q: Can a patent application be filed without its complete documents?
A: Yes.

Q: Can convention priority be claimed? Paris Convention?
A: Yes.

Q: Can a registration be obtained for pharmaceutical products?
A: Yes.

Q: What is the term of protection of a patent and from which date is it calculated? Can it be extended?
A: The term of protection of a patent is 20 years and cannot be extended. It starts from the filing date of the application.

Q: Is a secret form of filing a model/design permitted?
A: No

Q: Is there a novelty requirement? Is it local or worldwide?
A: Yes, the novelty is required and it is worldwide.

Q: Are utility models granted protection in your country under the Current Law.
A: Yes.

Q: Is the patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?
A: The Patent Law gives protection for the hardware and the Copyright Law gives protection for the software.

Q: Can the specifications or claims be amended?
A: Yes.

Q: Could annuity payments be made before the granting of the patent?
A: Yes.

Q: In what language should specifications and claims of the patent be filed?
A: Arabic and English.

Q: Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working?
A: Yes, working of the invention is required to keep the invention in force.

Q: What are the conditions that might lead to a compulsory license?
A: a)The invention covered by the patent, which is exploitable in the United Arab Emirates, is not being exploited.

b)The exploitation in the United Arab Emirates of the invention covered by the patent is not sufficient to respond reasonably to the demand for the product.

c)The exploitation in the UAE of the invention covered by the patent has been suspended by the beneficiary for two consecutive years.

d) The refusal of the owner of the patent to conclude a license contract under fair terms has seriously impeded the development of industrial or commercial activities in the United Arab Emirates.

Q: Must assignments be recorded within a certain period?
A: No.

Q: Does the Patent Law provide for licenses or registered users?
A: The Patent Law provides for licenses.

Q: Does the Patents Office publish the patent applications in the Official Gazette?
A: Yes.

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SYRIA: THE REGIONAL SEMINAR ON INTELLECTUAL PROPERTY PROTECTION AND PATENT MARKETING

Mr. Nadeem Akash, the Minister of Supply and Internal Trade, inaugurated the Regional Seminar on Intellectual Property Protection and Patent Marketing in Aleppo. The seminar was held by the Ministry of Supply and Internal Trade's Intellectual Property Protection Department and the Syrian Inventors Association in cooperation with the World Intellectual Property Organization (WIPO).

Foremost among the participants were Syrian Officials, members of the Syrian Inventors Association, interested people from the private sector and representatives from the WIPO and Arab and foreign governments. Mr. Valadimer Yousefov, the Director of WIPO Basic Services and Innovation Encouragement Department, pointed out the qualitative and quantitative presence in the seminar shows the extent of care which the Syrian Government gives to local inventors. The Deputy Chief of the Syrian Inventors Association, Mr. Saleh Askar, stated in his speech that a country's development is measured by the strength of its industrial economy to which inventors are the cornerstone.

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LEBANON: THE ROAD TO PRIVATIZATION

The Lebanese Government is drafting a Privatization Law designed to decrease public debt, strengthen the economy, and promote investment. The draft law will affect key sectors that will be subject to privatization. These sectors include electricity, telecommunications, transportation, airports, sea ports, and petrol refineries. The Government might also sell its shares in some public administered corporations. The most interesting feature in the draft law is the form in which privatization is regulated. A Higher Council for Privatization, headed by the Prime Minister, is proposed to be established. The structure of this council, composed of the highest-ranking officials, ensures the effectiveness of the authority intended to be empowered to control this body. Furthermore it reflects the sensitivity of privatizing major sectors through incorporating all relevant ministers as members of the Council.

The draft legislation spells out the functions and tasks of the Higher Council in a manner coherent with transparency and efficiency. A time frame should be set by the Higher Council to finalize privatization of public projects intended to be transformed.

The Council will be responsible for evaluating the assets of a public entity in accordance with international economic and financial standards. The draft law establishes control mechanisms, within the Higher Council and within each relevant ministry, to administer adequate execution of the privatization process and to ensure consumer rights as to prices, quality, and fair competition.

The draft also considers national employment issues in privatized projects aiming to protect the public interest. Projects of monopolistic nature, such as telecommunications and electricity are constrained to terms related to environmental compliance, technology transfer, and consumer protection measures. In addition, the draft introduces what is named as "Golden Shares" in monopolistic projects. These shares are granted to the state, allowing it veto powers in decisions of the board of directors for purposes of protecting public interest.

The proposed piece of legislation in privatization comes about as part of the reform policy in Lebanon’s economic program. This program aims to reduce the deficit as compared to the GNP and reduce interest rates.

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JORDAN: PROPOSALS TO AMEND INVESTMENT LAW

The Higher Council for Investment Promotion, established by the Investment Promotion Law, has formed a committee to introduce changes to the law. The Higher Council has power to propose amendments and raise the same to the Cabinet. The committee's objective is to draft a mechanism allowing the Cabinet enough flexibility in granting incentives in order to direct investment towards rural areas. The proposed incentives reach up to 100% tax exemptions for a period of 20 years.

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JORDAN: IP LEGISLATION AMENDMENTS

The Parliament is to study and vote on the new Trademarks Law in Jordan.This draft law which comes 47 years after the existing law has adopted all the principles and provisions of the TRIPs Agreement. A most notable change in this law is the protection granted to famous marks. The draft law will also stipulate that trademarks be visually perceptible. On the other hand, the amended Copyright Law along with the new Patent Law will not be presented before the Parliament till next fall during the ordinary sessions. Both draft laws are formulated to be in harmony with TRIPs.

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JORDAN: PARLIAMENT APPROVES RAISE OF SALES TAX

The House of Representatives in Jordan’s Parliament approved a bill amending the General Sales Tax Law. The amending law raises the sales tax percentage from 10% up to 13%. On the other hand, the Government seeks to reduce the ratio of customs down to 30% and further review the fees imposed on factory inputs. The tax raise was approved by the majority of House members. Before the law would come into force, it would have to go through the channels of the House of Senates and finally be approved by Royal Decree.

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NEW TRADE LIBERALIZATION DEPARTMENT

With the advent of the global economy, and with the evolution in trade agreements, concepts such as privatization, free trade, and open-markets have become inevitable economic elements that needs to be accommodated, in particular, on the legislative side. While this part of the world is undergoing changes in economy from government-driven to liberated free market, Abu-Ghazaleh Legal Services (ABLE) has taken the initiative to establish a rather unique department that provides legal assistance in matters concerning free trade agreements, privatization, WTO-related counseling, funded projects, and governmental advisory.

Our newly established Trade Liberalization Department headquartered in Amman, Jordan, evolves as a unique center of research and advisory team combining the experience and skills available in all ABLE’s departments.

For more information please contact our Regional Office in Jordan.