South Sudan trade mark news

A report from the ever interesting and useful Afro-IP blog reads:

A news release from the Talal Abu-Ghazaleh Intellectual Property Group, citing information received from Lysaght & Co., brings news that the South Sudan Ministry of Justice has taken a decision to be guided by the Sudan Trade Marks Act of 1969, relying on Article 198 of the Transitional Constitution of the Republic of South Sudan 2011. This latter Act states that "All current Laws of Southern Sudan shall remain in force and all current institutions shall continue to perform their functions and duties, unless new actions are taken in accordance with the provisions of this Constitution". 

A draft Trade Marks Bill is reported to be currently before Parliament. However, until it is passed, the provisions of the old Sudanese Trade Marks Act are being followed, and it is now possible to file applications with the Ministry of Justice. Since any trade marks filed now will be enforceable when the new law comes into force, it is recommended that anyone wishing to protect their trade marks in South Sudan should do so as soon as possible. 

The Berne Convention, Yemen and the UAE

News received in July 2014 from WIPO that:

Yemen has done something to do with the Berne Convention.  More detail here: Berne Convention for the Protection of Literary and Artistic Works – Declaration by the Republic of Yemen Relating to Articles II and III of the Appendix to the Paris Act (1971)

The United Arab Emirates has, also, done something to do with the Berne Convention.  More detail here: Berne Convention for the Protection of Literary and Artistic Works - Declaration by the United Arab Emirates Relating to Articles II and III of the Appendix to the Paris Act (1971)

Berne Notification No. 266

Qatar trade mark application examination delays

Further to earlier posts here, here, and here, news from good friends SMAS in July 2014 that the Qatari Trade Mark Office was examining applications with numbers in the 78000 range.

Yemen joins the World Trade Organisation

News from good friends Saba & Co in their July 2014 IP Bulletin that Yemen has joined the World Trade Organisation. The full report is available on their website here and is reproduced for ease of reference here:

Yemen became the 160th member of the World Trade Organization on June 26, 2014. The country now observes the TRIPS Agreement. Other WTO members in the region are Bahrain, Djibouti, Egypt, Jordan, Kuwait, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, and Tunisia. Countries with observer status are Algeria, Iraq, Lebanon, Libya, Sudan, and Syria. Yemen is also affiliated with the World Intellectual Property Organization, Paris Convention, and Berne Convention.

New patent filing requirements in Bahrain

News from good friends Saba & Co in their July 2014 IP Bulletin that there are new requirements for patent filing in Bahrain. The full report is available on their website here and is reproduced for ease of reference here:

The Bahraini Patent Office introduced new requirements for supporting patent filings, including national and PCT entries that were implemented on May 1, 2014. The additional requirements are retroactive to pending applications; with the BPO issuing notices and setting a deadline for completing the requirements for the pending cases.

Applicants are required to submit the Arabic translation of the complete specifications as well as a legalized/Apostilled Power of Attorney for PCT national stage entries. A copy of the international publication and the complete specifications in English are also required. The documents must be submitted during a non-extendable three month period from the filing date in Bahrain. A simple copy of the POA is required at the time of filing until the legalized original is filed.

In accordance with the new requirements, the BPO began requesting a signed inventor assignment form, in addition to a simple copy of the priority document that does not have to be certified, a copy of the PCT specifications, both having to be in English and Arabic (if different than the priority and/or the specifications being filed), and in addition a copy of the International Search Report.

The same deadline of three months applies for the submission of these supporting documents, whereas four months for the Arabic translation of the specifications. The requirements also apply to all pending patent applications in Bahrain.

The table offers a summary of these requirements, including national applications. This may signify the BPO’s way of indicating that it is gearing towards beginning the examination and granting process of patent applications; however there have not been any concrete or official declarations regarding this.

GCC Trade Mark Law published in Saudi Arabia

News from good friends Saba & Co in their July 2014 IP Bulletin that the GCC Trade Mark Law has been published in Saudi Arabia. The full report is available on their website here and is reproduced for ease of reference here:

The revised GCC trademark law was recently approved for publication in the Kingdom of Saudi Arabia. The GCC trademark law was initially ratified in 2006 and was approved by the Saudi government in 2007. The governments of Oman and Bahrain, however, could not approve the draft at that time due to their US Free Trade Agreement obligations. The GCC Trade Cooperation Committee had to convene more frequently to address concerns raised by Bahrain and Oman. The draft GCC trademark law was then further revised following the assemblies that had taken place. The aim of the GCC Trademark Law is to replace the local trademark laws of the member states – which are: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. The result is a unified implementation of the trademark regulations. Unlike the GCC Patent Law, the GCC Trademark Law is not expected to offer a unified filing system. Trademark applications would still be filed separately in each GCC member state for protection. The GCC Law will be exacted once implementating regulations are issued, which is not in the foreseeable future. The fifty-article GCC Trademark Law outlines the general directives and rulings governing trademark registration, renewal, assignment, and cancellation procedures in the GCC countries. The main features of the law, as approved by the GCC Supreme Council, are as follows:

• The definition of a trademark has been broadened to include sound and smell marks
• A trademark may be individual or collective
• A separate application is required for each class
• Claim of priority, based on an earlier-filed foreign application, is possible
• Trademark applications accepted by the Registrar will be published for opposition purposes.
• Oppositions must be filed within 60 days from publication date
• Trademark registrations are valid for 10 years from filing date and are renewable for like periods.
• There is a grace period of six months for late renewals
• A trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of five consecutive years after registration
• The Law shall recognize famous trademarks that are well-known in the GCC member states and shall ensure protection thereof even if the marks are not registered
• The Law gives the right to trademark owners to initiate civil and criminal actions against any infringing party. Penalties include a maximum of five year imprisonment and payment of fines
• of up to US $ 270,000

EU Customs enforcement in 2013

The European Commision has released its report on enforcement by Customs against infringement of intellectual property rights in 2013. The report is available here. There is interesting information on countries from which goods have originated. In the region this blog seeks to cover the country mentioned the most is the UAE. Other countries mentioned are Egypt, Morocco, and Syria.

Saudi Customs requires letter from the rights holder confirming the results of the examination

News in July 2014 from good friends Kadasa & Partner that the Ministry of Finance, Customs Department, Customs Affairs, General Directorate of Records & Customs Tariff, Department for Anti-commercial Fraud & IP Protection has, in an undated announcement, reported that the His Excellency the Director General of the Customs Department has issued a directive requiring that a letter from the rights holder be submitted by the local lawyer when confirming whether goods in a shipment are genuine or counterfeit. The letter must be signed and stamped.