Public holidays in Syria - 1st to 6th May 2013

With thanks to Karawani Law Firm news of official holidays in Syria from 1st May to 6th May. All deadlines will be extended to 7th May 2013.

Iraqi Trade Mark Office Power of Attorney requirements

News recently of a change in practice at the Iraqi Trade Mark Office on Powers of Attorney. The change in practice covers situations where there is a chain of Powers of Attorney. So the client grants a Power of Attorney to a regional managing agent (the primary PoA). The regional managing agent grants a Power of Attorney to a local agent (the delegated PoA) using the power of delegation contained in the primary PoA. The Iraqi Trade Mark Office now requires in addition to the delegated PoA that either the original or a certified copy of the primary PoA be submitted. To make matters more interesting the primary PoA must be legalised to the Iraqi Embassy.

This additional requirement is frustrating if the regional managing agent operates in a country where a certified copy will not be accepted for legalisation.

This part of the Empty Quarter waits for the day when the countries in the region do away with the requirement to legalise documents. The cost and time required is considerable.

UAE Trade Mark Office working to catch up

News reaches this part of the Empty Quarter that the Trade Mark Office in the emirates is again working hard to catch up with a backlog of work.  To assist in this, current effort, the Trade Mark Office has stopped examining applications filed in 2012 in order to deal with all issues on those filed earlier. The Trade Mark Office has run a number of similar initiatives in the past.

This part of the Empty Quarter understands well the challenges of managing a growing workload in the emirates and hopes that these initiatives will assist the Trade Mark Office in being able to deal with administrative processing quickly and efficiently going forward. There is a lot to be learnt from the notably over profitable European Community Trade Mark Office [IPEQ :  a sentence I never thought to type!] who have been able to drive efficiency, speed up processing, reduce use of paper, generally make as much information available as possible and improve the quality of decisions given. Is there any chance IPEQ wonders of some of that bountiful EU cash assisting EU rights holders in the Middle East? 

Wholesale changes to the Moroccan Law on Industrial Property

News from good friends H&H Consulting that draft amendments to the Law on Industrial Property in Morocco have been presented to the Secretariat General of the Government. The news says:

“The aim is to enhance the level of protection of industrial property in Morocco and comply with the relevant international standards under various international treaties to which Morocco is a party; including the TRIPS Agreement, the Treaty on Trademark Law Treaty (TLT) and the Free Trade Agreement between Morocco and the United States of America.

Furthermore, in a number of partnership agreements, Morocco undertakes to adhere to the fundamental treaties on industrial property such as the Patent Law Treaty (PLT), the Singapore Treaty on trademark rights and the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs.

In addition, the advanced status granted by the European Union in Morocco provides, among other things, the mutual commitment of both parties to ensure a level of protection of industrial property rights in accordance with the “Acquis Communautaire” in this field. Therefore, an agreement was signed on December 17th, 2010 between Morocco and the European Patent Organization on the validation of European patents. [IPEQ wonders : anyone mention the Unitary Patent?]

The main objectives of this draft amendment revolve around the following points:

1) Improving the system of invention patents,

2) Consolidating the national trademarks system,

3) Reforming the National System of Industrial Designs,

4) Strengthening the implementation of industrial property rights,

5) Upgrading the procedure for filing applications for industrial property rights.

a) The formalities for securities deposit

b) The extension of the deadline for restoration of rights

c) The opposition procedure

d) The system of date marking

e) Electronic filing of applications for registration of industrial designs

f) Organization of the profession of intellectual property consulting”

This part of the Empty Quarter thanks H&H for the report which was much longer in original and attached further information in French – so, please, if you would like more information do make contact with them direct. This part of the Empty Quarter welcomes any improvements in legislation and looks forward to hearing further on the implementation of the changes.

Oppositions in Morocco based on one mark only

Interesting advice on an opposition recently in Morocco. Oppositions must be based on one mark only. While it is possible to refer to other marks in the opposition text the actual opposition can be based on one prior registration only.  Article 148.2 of Law 17/97 sates  “opposition to this application may be initiated with the body in charge of industrial protection by the proprietor of a mark protected or registered prior to the said application or enjoying a previous priority date, or by the proprietor of a pre-existing well-known mark…”. The Trade Mark Office insist on basing decisions one mark only on the basis that article 148.2 does not state clearly that the opposition may be based on several marks (d’une marque protégée).

While Morocco may be a long way from the Empty Quarter, this part of it cannot help but feel that this is a remarkably narrow view to take. Can it be right that as a rights holder of a family of marks I am prevented from relying on more than one of them when filling an opposition. Should the Trade Mark Office really limit itself by considering one prior right to have, effectively, primacy over others? This part of the Empty Quarter expects that the drafting of the Law was not intended to be limiting in the way that the Trade Mark Office has interpreted it to be. It would seem common sense that the Trade Mark Office should consider whichever marks the rights holder seeks to rely on. 

Libyan Trade Mark Office to resume work, May 2013

News from friends at Saba & Co that the Trade Mark Office in Libya will resume operations in May 2013 for the first time in 2 years. Search requests and applications will be accepted. A separate report from another agent claims that they filed the first application in April 2013. 

This part of the Empty Quarter welcomes this news as a Trade Mark Office is not much use if it does not function. However, the opening of the office gives rise to various issues. There will be a flood of search requests and applications (for registration, amendments, renewals etc, etc) which may overwhelm the Office. Will agents file in the order in which instructions were given or the will the applications of favoured clients be dealt with first. There is the potential for significant dispute not just between rights holders but also between clients and agents. Will existing applications be examined (please)?  Resourcing at the office is critical to ensure that they can open and stay open.