Abu-Ghazaleh Intellectual Property Bulletin, November 1999

MILLENNIUM COMPLIANCE

UNITED ARAB EMIRATES:
- NEW LEGALIZATION PROCEDURE

JORDAN:
- Experts mull IPR issues in open dialogue

BAHRAIN:
- CLOSING DOWN A VIDEOTAPE STORE FOR PIRACY

MOROCCO:
- JOINS Patent Cooperation Treaty

IN BRIEF FROM OUR INTERNATIONAL OFFICE

YEMEN:
- NEW IP REGULATIONS

LEBANON:
- Judicial Precedent in Lebanon The Arbitrate Stipulation in the Commercial Representation Agreements is Void
- The Similarity Criterion In Grants’ Vs Grand Rare Whisky

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AGIP has been continuously updating the computer software and hardware available in its offices and confirms that all its systems are fully year 2000 compliant.

All programs and computers are effective and capable of the critical applications related to the date fields; dates will be displayed in 4 digit years and the year 2000 will be recognized as will a leap year. This will not affect any date-reliant data such as patent annuity, trademark renewal and any related intellectual property deadlines, nor any accounting functions.

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As of August 1999, the Foreign Ministry of the United Arab Emirates has enforced a regulation requiring that all documents legalized by its embassies be locally authenticated. Therefore, all documents filed locally (at the Ministry of Commerce and Trade) need to be checked by the Foreign Ministry for completion of the prescribed fees. All Trademark agents and lawyers have to therefore authenticate all documents, even if those used previously.

Local authentication costs US$28.00 to US$275.00 depending on previously paid dues to the embassies. Please contact our UAE office for more details.

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The U.S. Embassy on Monday used satellite links to host an open dialogue on Intellectual Property Rights (IPR) in Jordan.

International Intellectual Property Alliance (IPA) official Michael Schlesinger took part in the event, as did the insurance director of Merck and Company, Thomas Bombelles, Deputy Osama Malkawi, and the director of the University of Jordan Centre for Strategic Studies, Salah Bashir.

Schlesinger said that the Jordanian market had witnessed remarkable progress and development in the IPR field since the government amended property laws, saying that this was considered part of the Kingdom's efforts to join the World Trade Organization (WTO).

He added that the government and the private sector had played a pivotal role in improving IPR legislation.

Schlesinger pointed out that representatives of some international companies were in the Kingdom monitoring progress in this field. He added that the adoption of IPR laws in 1992 had shed new light on the issue in Jordan.

Meanwhile, Bombelles said that Jordan's presence on the so-called Priority Watch List 301 came as a result of complaints by some U.S. firms about piracy by Jordanian companies, as well as loopholes in the 1953 patent law that led to many IPR violations, particularly in the fields of pharmaceuticals, film production, software, cassettes and video recordings.

Bombelles said that the recent changes Jordan had made regarding IPR had brought it closer to the Bern and Paris agreements on raising awareness of IPR issues.

JORDAN TIMES NEWSPAPER, October 19, 1999, Jordan

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The Publications Department has issued a decision to close down a videotape store in Manama, Bahrain, for one week due to the contravention of the Copyright Law of Bahrain.

The raid and closure come in the framework of the Bahrain Ministry of Information's diligence in implementing the Copyright Law and combating piracy. The Department had discovered the piracy in previous investigative rounds on the stores which sell and lease videotapes, phonograms, CD-Roms and diskettes.

The store-keeper was caught reproducing videotapes illegally and marketing them without the consent of the copyright holders. Other store owners in the area of that store said that infringing store-keepers were fully aware of the Copyright Protection Law and the measures taken by the Publications Department, but would not heed the measures, thinking that they were non-accountable since the pirated copies were sold among piles of authorized copies.

The Departments measures are being enforced on all stores regardless of size or location.

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On July 8, 1999, the Kingdom of Morocco submitted to the WIPO the instrument for joining the Patent Cooperation Treaty.

The WIPO has accepted the application and the adhesion of Morocco to PCT will be effective as of October 8, 1999. Hence, Morocco will become the 104th member state of the PCT. Any international application made as of October 8, 1999, may designate the kingdom of Morocco. However until the now, the application for entry and the treaty have not been published in the Official Gazette; once this occurs, the PCT will become effective in Morocco.

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The Croatian Parliament has passed a new trademark law that was published in the Official Gazette No. 78/99 on July 23, 1999 and taking effect on July 31, 1999. The new law reflects Croatia’s efforts to harmonize its trademark legislation with the latest European trends and to bring it in compliance with the General Agreement on Tariffs & Trade (GATT) standards.

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The Ministry of Supply and Trade in Yemen issued its decree No. 263 for 1999, dated October 1, 1999 increasing the official fees in Yemen by 50% and amending the structure of the classes.

Classes 1, 2,3,4,5,8,9,16,21,28,29,30,31 and 32 have been divided into subclasses (provided herebelow); other classes remain unchanged. The process of dividing the classes has resulted in extra charges for each sub class in the initial filing, but is useful when conducting searches.

CLASS 1
1.Chemicals used in industry, science and photography, as well as agriculture, horticulture and forestry; chemical substances for preserving foodstuffs; unprocessed artificial resins, unprocessed plastics; adhesives used in industry.
2.Tempering and soldering preparations; fire extinguishing compositions.
3.Tanning substances.
4.Manures.

CLASS 2
1.Paints, varnishes, lacquers; preservatives against rust and against deterioration of woods.
2.Colorants; mordants.
3.Raw natural resins; metal in foil and powder form for painters, decorators, painters and artists.

CLASS 3
1.Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps.
2.Perfumery, essential oils, cosmetics, hair lotions.
3.Dentifrices.

CLASS 4
1.Industrial oils and greases; lubricants.
2.Dust absorbing, wetting and binding compositions.
3.Fuels (including motor sprit.
4.Illuminates; candles, wicks.

CLASS 5
1.Pharmaceutical, veterinary and sanitary preparations.
2.Dietetic substances adapted for medical use, food for babies.
3.Plasters, material for dressings.
4.Material for stopping teeth, dental wax.
5.Disinfectants.
6.Preparation for destroying vermin; fungicides, herbicides.

CLASS 8
1.Hand tools and implements (hand-operated); cutlery.
2.Side arms.
3.Razors.

CLASS 9
1.Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments.
2.Apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs.
3.Automatic vending machines and mechanism for coin-operated apparatus.
4.Cash registers, calculating machines, data processing equipment and computers.
5.Fire-extinguishing apparatus.

CLASS 16
1.Paper, cardboard and goods made from these materials, not included in other classes; printed matters; bookbinding material; photographs; stationery.
2.Adhesives for stationery or household purposes; artists' materials; paint brushes.
3.Typewriters and office requisites (except furniture); printers' type; printing blocks.
4.Instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes).
5.Playing cards.

CLASS 21
1.Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool.
2.Unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

CLASS 28
1.Games and playthings.
2.Gymnastic and sporting articles not included in other classes.
3.Decorations for Christmas trees.

CLASS 29
1.Meat, fish, poultry and game; meat extracts.
2.Preserved, dried and cooked fruits and vegetables.
3.Jellies, jams, fruit sauces.
4.Eggs, milk and milk products.
5.Edible oils and fats.
6.Salad dressing and pickles.

CLASS 30
1.Coffee, artificial coffee and cocoa.
2.Tea.
3.Sugar.
4.Rice,
5.Flour and preparations made from cereals, bread, pastry, cake, biscuits and choclate.
6.Sweets and confectionery.
7.Honey, treacle.
8.Yeast, baking-powder;
9.Salt,
10.Mustard; vinegar, sauces (condiments).
11.Spices.
12.Ice and ices.

CLASS 31
1.Agricultural, horticultural and forestry products and grains not included in other classes.
2.Live animals.
3.Fresh fruits and vegetables.
4.Seeds, natural plants and flowers.
5.Foodstuffs for animals, malt.

CLASS 32
1. Mineral and aerated waters and other non-alcoholic drinks.
2. Fruit drinks and fruit juices.
3. Syrups and other preparations for making beverages.

For more information, please contact Yemen office or our Regional Office in Amman at: Fax (962 6) 560 3743 Email agip@tagi.com

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In the case of Zanussi Grandi Ambeanti vs. Faisal Faisal (Akip Hotel) the Court of First Instance rendered its decision empowering the Lebanese courts to take cognizance of commercial representation disputes. The said decision was rendered despite the arbitrate Claus, which commit any dispute between two parties to the International Chamber of Commerce In Paris, France.

Zanussi pleaded the First Civil Court of Appeal for quashing the decision of the Court of First Instance on the ground of its discrepancy to decree law No. 34/67. The plaintiffs’ understanding of Article 5 of the said decree law adheres to the concept of Public Order. Accordingly, the court should dismiss the case on the ground of non-competence of the Lebanese courts and, furthermore, empower the arbitrate clause which commit the dispute to the Italian Law.

Faisal, the defendant, pleaded to decline the plaintiffs' plea, emphasizing the adherence between Article 5 and the Public Order and demanded the endorsement of the appealed decision.

Upon resorting to Article 5 of the decree law No. 34/67 which provides that "Despite any agreement to the contrary, the courts of domicile, where the commercial representative practices its activity, shall have competence to take cognizance of disputes emerging from the commercial representation agreement", the First Civil Court of Appeal endorsed the decision of the Court of First Instance and explained its decision as follows:

Whereas it is the Lebanese legislator will to enact this article taking into consideration the commercial representative itself on one hand, and the disputes that might emerge from the representation agreement on the other hand.

The legislator heeds the commercial representative as the resignant party in a resignation agreement, which, in case of arbitration, can not protect its rights except through resorting to courts of domicile. In such court, the representative enjoys simple procedures, which may not be granted in any other court.

With regard to the dispute that might emerge from the representation agreement, there is no doubt that the domicile court is capable of inspecting the details of the dispute efficiently through using every mean possible to inspect the representatives’ credibility. On the contrary, the representative will lose such a privilege when trailed in any other court.

Consequently, the Lebanese courts shall take cognizance in any dispute emerging from the commercial representation agreement. Therefore, the arbitrate stipulation, subject to appeal, is void, which reserves the competent of domicile courts to take cognizance of such disputes.

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The commercial Court of Lebanon rendered a decision preventing the trademark "Grand Rare Whisky" from usage in the Lebanese market. Moreover, the Court decided to cancel the aforementioned trademark and compensated the owners of the infringed trademark "Grant’s" 12 million LP (the equivalent of $1.500 U.S) for the damages.

William Grant & Sons Ltd., the plaintiff, is a famous Scotch company who manufactures whisky under its well-known trademark "Grant’s". The Scotch Company learned that its trademark is being infringed in the Lebanese markets through Nadir Co., which manufactures the whisky and bottles it; and Lialco Co., which distributes the infringing good. Accordingly, "Grant’s" filed a lawsuit against infringes. The court issued a seizure ordering the police to seize infringing goods.

The most interesting recitals of the courts’ decision came as follows:

The court stated that it is the courts’ competence to determine the similarity criterion. For to the layman consumer, the overall fashion of the product is what counts not deference in the trademarks elements. Consequently, the court decided that the trademark "Grand Rare Whisky" is similar to trademark "Grant’s" in a confusing manner to the layman consumer.

The layman consumer does not usually spot the phonetic deference between similar trademarks. For, to him/her, the basic phonetics is "Grand" and "Grant’s". Which each product is famous of in terms of the market. The additional wording is not necessarily recognized by the layman consumer.

Moreover, the trademarks subject to question are similar because they are both used on whisky products, although the bottles are different.

The aforementioned infringement action was based on unfair competition. The damages of 12 million L. P were calculated in accordance with the quantities seized in position of the defendants. The plaintiff had claimed 50 million L. P for damages.

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SEMINAR
IPR of Musical Productions

CONCERT

Orient et Occident opus25
CAMIILLE SAINT SAENS

Concerto Andalou
JOAQUIN RODRIGO

For 4 Guitars & Orchestra. Soloists:
Maya Le Roux, Dagoberto Linhares, Raymond Migy, Christophe Leu

Concerto Pour Piano NO1 opus34
ADNAN SAYGUN
Soloist: Ramzi Yassa

Antar
RIMSKY KORSAKOV

Antar Winning Piece
AWARD WINNER

RAMZI YASSA
Ramzi Yassa is the winner of several international prizes. He has appeared both live and on television throughout the world and has been applauded in major concert halls. His concerto performances have associated him with such conductors as Charles Groves, Yehudi Menuhin, Zubin Mehta and Horst Stein. Born in Cairo, Ramzi Yassa studied in the prestigious Tchaikovsky Conservatoire in Moscow. He won a certificate of Honour in the Tchaikovsky Competition, as well as First Grand Prix in the Paloma O’Shea International Competition in Satander. In 1988, Ramzi Yassa was invited to play in the inaugural concert of the new Cairo Opera House. He received the Franz Liszt Centenary Commemorative Medal. Ramzi Yassa adjudicates regularly at international piano competitions in the United States and Europe. Amongst his recordings are several CD’s released by the Belgian company Pavane. Besides his performing activities, he is pianoforte Professor at the Ecole Normale de Musique ( Alfred Cortot ) in Paris. He is also the director of the Cairo Opera.

ANTAR
A mythical Arab Hero and Lover, Antar is now celebrated by AGIP, in an international competition organized by SACEM (Societe des Auteurs Compositeurs et Editeurs de Musique). AGIP and SACEM will award the winning piece themed Antar with The AGIP Musical Composition Prize. The piece will be performed by the Mozarteum Orchestra of Salzburg at the and of our Millennium Celebration.

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