In This Issue
- GCC First Copyright Forum In Bahrain,
- Robin rolfe to tour agip offices
- Agip Emirates Office Relocated To Sharja
- Q & A QATAR
- PCT Procedure Automation
- One-Day Conference By Les-France
- Licensing and Technology Transfer Seminar in egypt
- In Brief From Our International Office
- New Yemeni Law regulating agencies and branches of companies and foreign firms
- Bahraini legislative adjustments regarding company law
- Jordan's Amended Copyright Law. Major Changes And Commentary GCC First Copyright Forum In Bahrain
The Sub-Regional WIPO Seminar for the GCC Countries on the TRIPs Agreement concluded its activities on December 2, 1998 in Bahrain. During 3-day discussions, the seminar stressed the importance of providing suitable training courses on the intellectual property rights in the GCC countries.
The seminar emphasized the importance of cooperation and coordination among the GCC countries and international unions and organizations in the field of intellectual property. Further emphasis was laid on constant coordination with the WIPO in providing for the needs and requirements of the Council in the field of intellectual property. The seminar also highlighted the importance of revising the laws and regulations applicable in the GCC countries and the extent of their they compliance with TRIPs. Laying down sound foundations for protecting intellectual property before the deadline of January 2000 was recommended an early start.
Mr. Sharif Saadallah, WIPO Director of the Office for Cooperation for the Development of Arab Countries, said that the seminar focused on providing all the information relating to implementing and enforcing the TRIPs Agreement while taking into consideration that its enforceability date for the Arab countries is January 2000. He pointed out that the seminar discussed a number of issues relating to the authorities concerned with enforcing laws like judiciary, police and customs as well as the priorities of the GCC countries in the intellectual property field.
The seminar urged harmonization laws with the TRIPs Agreement and the updating of governmental departments concerned with supervising intellectual property rights as well as training the staff in the various sectors which deal with intellectual property. The seminar aimed not only to provide recommendations to be implemented but to discuss, review issues, and to reply to inquiries as well.
AGIP EMIRATES OFFICE RELOCATES TO SHARJAH
HilalTower, 12 Corniche Al-Buhaira, Sharjah P.O. Box 952 Sharjah, United Arab Emirates t +971 6 532 545 f +971 6 532 627 email agiptaga@emirates.net.ae
AGIP Special Consultant, Ms. Robin Rolfe, of Robin Rolfe Resources, is scheduled to tour AGIP offices early this year. Beginning at the Regional office in Amman, Jordan, on January 22, 1999, the visit is to include a number of Arab cities.
US clients wishing to convey messages or raise issues concerning any of our offices can contact Ms. Rolfe at the following address:
Robin Rolfe Robin Rolfe Resources 185 Bridge Plaza North, Suite 308 C Fort Lee, NJ 07024-5900, USA t +201 461 6630 f +201 461 6635
Q & A On IP Laws & Practices In QATAR
q:Does Qatar follow the International Classification of Goods and Services?
a:Yes, Qatar does follow the international Classification of Goods and Services. However, classes 1, 4-7, 10-14, 16-22, and 29-31, each, cannot be granted in their entirity according to the provisions of the Qatari Trademark Law. The alternative is as follows:
- 1.Excluding any goods not required to be covered in a class.
- 2.Filing two separate applications to include all goods required.
q:How long will it take to conduct a trademark search?
a:It takes ten days to conduct a trademark search.
q:Are service marks registrable? If so, are they granted partially as well?
a:Yes, service marks are registrable, but all classes related to service marks are granted entirely according to the Qatari Law.
q:Are alcoholic beverages protected in Qatar?
a:No, therefore, products covered by class 33 and alcoholic drinks and beverages in class 32 are not registrable.
q:Can one application cover multiple classes?
a:No, a separate application should be filed for each class of goods.
q:How long is the registration process?
a:It takes 5-7 years for an application to mature into registration.
q:Have the implementing regulations of the Copyright Law been issued yet?
a:No, they have not. However, it is possible to lodge a work with the competent authority, although the relevant fees cannot be settled and no certificate can be issued. The copyright office will thus keep the application in their custody until the implementing regulations are issued. A letter acknoledging the receipt of the work is provided as evidence.
q:What are the filing requirements?
a:The copyright protection office has not specified the filing requirements.
However, Article 36 of the Copyright Law states that the owners and authors of intellectual works should submit the following:
- 1.The name of the author or authors in the case of joint works
- 2.The subject of the work
- 3.Five copies of the work
- 4.A detailed specification of the work
- 5.A written declaration of ownership of the work by the author or authors in accordance with this law.
- 6.A written declaration by the author or authors specifying the manner in which they choose to publish the work.
- 7.Approval of the work by the competent department of the Ministry in accordance with the provisions of the law on publication.
q:Can patents be filed in Qatar?
a:While there is no statutory patent law in force in Qatar, it is currently possible to register the patent through the Gulf Cooperation Council (GCC) Patent Office in Riyadh, Saudi Arabia.
PCT PROCEDURE AUTOMATION
The World Intellectual Property Organization (WIPO) is the organization which sponsors the Patent Cooperation Treaty (PCT), under which the registration of applications for patent protection is carried out in several countries. Since the beginning of implementing PCT in 1978, WIPO protection Office has processed and published more than 35,000 applications, among which 54,000 applications were filed in 1997.
In order to automate the office procedure, a new system is going to be implemented within the upcoming three years. To this end, a questionnaire on the project's vision has been sent to the member countries. The form can be reviewed on the Internet in WIPO's webpage.
ONE-DAY CONFERENCE BY LES-FRANCE
LES FRANCE organized a one-day conference on December 10, 1998, entitled "Aspects of Pre-Litigation in Intellectual Property". The conference discussed the specifics of pre-litigation from various standpoints, jurisdiction, and right holder vs. alleged infringer, and patents vs. trademarks / domain names. The program included a "Preparation for an international patent infringement case", by Gerald Kamstra, "US practice from the point of view of the alleged infringer", by Ronald Grudziecki, "Trademark-Domain names", by Milan Chromecek, "Point of view of an industrial practitioner", by Karl van Lelyveld, and general discussions.
Licensing and Technology Transfer Seminar in EGYPT
Preparations are underway for a seminar in Cairo, Egypt, under the sponsorship of the LES-Arab Countries on January 27, 1999. A large number of Arab businessmen and experts in licensing and technology transfer are to attend. The LES-Arab Countries was announced a member of the Licensing Executives Society (International) at its Miami Meeting held in November 1998.
IN BRIEF FROM OUR INTERNATIONAL OFFICE SINGAPORE
The Trade Marks Bill of 1998 (the "Bill") is to replace the existing Trade Marks Act soon. The Bill is based substantially on the UK Trade Marks Act of 1994 and to a lesser extent on the Australian Trade Marks Act of 1995. Besides enabling Singapore to meet its obligations under the TRIPs Agreement and the Paris Convention, it also paves the way for Singapore's accession to other international agreements (eg, the Madrid Protocol) at a later date.
Major Changes:
- Trademarks defined as visually perceptible signs capable of graphical representation. Signs include shape, colour and aspects of packaging.
- Retail services will be registrable.
- Potential for multi-class applications.
- Part A & B divisions abolished and registrability criteria lowered.
- Protection of well-known marks.
- Association and conditions of registration abolished.
- Registration of transactions (eg, sub-licenses, charges) crucial.
- Special enforcement rights given to exclusive licensees.
- Collective marks introduced.
- Infringement test widened.
- Relief from groundless threats of infringement.
- Border enforcement measures by customs officers.
- Legislation implementing Paris Convention and TRIPs Agreement.
URUGUAY
A new trademark act was published in the Official Gazette of October 7, 1998. The law which came into force on October 17th, 1998 does not require that a mark be used. Accordingly, it will still not be possible to cancel marks for non-use, and the registered owners rights in a mark are not affected by lack of use.
The law will shortly be the subject of a regulating Decree, which should help to clarify some of the points which are unclear in the law.
TONGA
A new industrial property law will come into force on January 1, 1999. The main features of the new law are as follows:
Trademarks:
Existing registrations must be re-registered under the new law within a period of 12 months from the law coming into force, to maintain their validity.
Introduction of substantive registration system which provides for:
- a) Multi (international) class applications, covering goods and/or services,
- b) Convention priority claims,
- c) Local examination procedure,
- d) Opposition procedure
- e) Ten year term, renewable for like periods.
Patents
- Introduction of a substantive registration system -Patents will be granted for a term of 20 years, subject to payment of annuities,
- Conventions priority may be claimed,
- Applications will be subjected to a formal examination only.
LEGAL ANGLE[QQ]
New Yemeni Law regulating agencies and branches of companies and foreign firms
A new Foreign Company Branches and Agencies Regulatory Law in Yemen has been issued and sanctioned by Parliament. This new law embraced limitations on the activity and business of a foreign company branch, and imposed a laundry list of terms, conditions and approvals on foreign company agencies.
Subject to the new law, and in addition to the nationality requirement, it is provided that a person wishing to practice business as a foreign company agency should be a permanent resident of Yemen. As for companies wishing to engage in the agency business, only those organized under the laws of Yemen and having their headquarters therein, may be allowed to practice such business. A provision, however, requires approval from the Ministry of Trade and Supply, prior to engaging in any business of foreign company agency. While the matter of licensing by public departments for becoming an agent does not exist in most countries, yet the Yemeni Law has punished the violation of this provision by fine.
In protection of agents, on the other hand, the law restricted importation of some products, such as vehicles, to licensed agents, provided these agents furnish adequate maintenance and spare parts services. Moreover, the competent department in Yemen shall not approve of a different agent, if a dispute arose between the previous agent and the principal, and until such dispute is finally resolved.
A foreign company wishing to practice business through a branch in Yemen must obtain approval of the competent department at the Ministry. Any practice to the contrary, will render the foreign firm liable to fine. The sectors and businesses under which a foreign branch may operate are listed in the law as follows:
- 1. Banking business.
- 2. Consulting and Technical Services,
- 3. Hotels and Touristic activities.
- 4. Contracting, and in particular construction of roads, ports, airports, public utilities and housing projects.
- 5. Investment in the industrial field.
- 6. Investment in the field of petrol and minerals.
- 7. Investment in the fields of agriculture, fish-farming and livestock resources.
- 8. Any other field approved by the Council of Ministers upon recommendation of the Minister.
From the wording of this law, it is evident that the aforementioned activities are not final, and may be added by resolution of the Cabinet. What is particularly interesting, however, is the broad manner in which the fields of business were enumerated, whereby fields traditionally closed as against foreigners in most countries were included under the list of foreign investment sectors.
Bahraini legislative adjustments regarding company law
The Bahraini Advisory Council recently approved an amendment to the companies law, which aims to encourage foreign capital investments as well as to further develop the Bahraini monetary market.
In accordance with this new amendment, the nationality requirement for ownership of Bahraini Public shareholding companies was dropped with regard to nationals of the Gulf Cooperation Council (GCC). Therefore, GCC nationals are allowed to acquire total ownership of a public shareholding company in Bahrain. Critics of this amendment based their objection on the lack of similar legislation in GCC countries, and called for reciprocity in this respect. It is worth noting that a resolution issued by the Higher Council of GCC states permitted GCC nationals to own up to 25% of public shareholding companies- except for insurance companies- in Gulf countries. Bahrain, however, preferred to delimit the percentage of ownership by GCC nationals in its effort to gradually liberize market policies.
The amendment also gave the Minister of Commerce authority to license public shareholding companies with foriegn capital of more than 49%. In the latter case, however, and for purposes of national economy security it shall not be permitted to dispose of any shares prior to three years from the date of commence of business activity.
JORDAN'S AMENDED COPYRIGHT LAW: MAJOR CHANGES & COMMENTARY
The "Amending Copyright Protection Law for the year 1998" was published in the Jordanian Official Gazette No. 4304 dated October 1, 1998.
MAJOR CHANGES
- 1. Adding a definition to the word fixation to mean storing the work on a tangible medium.
- 2. Adding a new paragraph to Article 3 which includes protection of literary and artistic collections such as encyclopedias, anthologies and data compilations as well as those of selected pieces of poetry, prose or music.
- 3. In Article 11, the Minister may authorize any Jordanian to translate any work into the Arabic language after the elapse of 3 years from the date of the first publication of the work, to reproduce any printed work after the elapse of 3 years of the first publication of the work if relating to technology and mathematics), after the elapse of 7 years of the works of poetry, music art and fiction, and after the elapse of 5 years for other types or works.
- 4. Permission to presenting the work in a family gathering or at educational institutions and by the musical bands of the state without generating any financial returns.
- 5. Preventing the fixation of any unfixed performance by its owner or broadcasting without his consent. The radio and television commissions have the right to prevent others from fixing them in such cases.
- 6. The protection period of the rights of performers and producers of phonograms is for 50 years as of the date of the year of performance or fixation.
- 7. The protection period for the financial rights is for the lifetime of the author plus 50 years after his death.
- 8. The protection period for cinematographic and televisional works is 50 years as of the date of publication, and so is the case for the works whose author is a corporate body, works which are published for the first time after the death of their authors, and those that don't bear the names of their authors. If the author's name is known, the protection period will start from the date of the author's death.
- 9. The protection period for photographic works and works of applied arts is 25 years as of the date of completion.
- 10. The office staff are regarded as judicial policemen and have the competence to investigate and apprehend.
- 11. Non-filing of the work shall not prejudice copyright.
- 12. The penalties range from 3 months to 3 years imprisonment and fines between JD's 1000 - 3000.
COMMENTARY
Despite the amendments to the law, weaknesses can be summarized as follows:
- 1. The draft amendment was submitted to the Cabinet in 1996 whereas it finally came in effect by the end of 1998. This means that any recent technology subjects were not included.
- 2. Neighboring rights were not adequately elaborated; they were quoted from the TRIPs Agreement in the same ambiguous manner.
- 3. Digital type technology was not covered by this amendment.
- 4. Reproduction and translation rights did not incorporate all the provisions appendixed in the Berne Convention.
- 5. Licensing was not clearly elaborated. For instance, the owner of a software may license the software without granting the reproduction right. This matter was not regulated by the law.
- 6. While the original law should be read in conjunction with the amendment, this would mean that joint works or musical works whereby three parties are involved, performer, composer, and song writer all of which has a separate right, yet the amendment treats them equally in compensation in the event a dispute should arise, despite the fact of the different rights owned by each party.
- 7. With respect to folklore, the Minister of Culture was delegated its protection. However, the significance of folklore requires that it is adequately protected with clear provisions regulating this matter particularly since folklore has been the subject of piracy.
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.
