UAE - the pirate registration of a well known mark can be cancelled even after five years of use by the owner of the registration

News on the World Trademark Review website today of an article by Al Tamimi in which they report a case in which the Courts of First Instance, Appeal and Cassation all confirmed that the pirate registration of an internationally well known mark may be cancelled even after local use of the mark continuously for at least five years.

The Article is available here.

Oman - PCT e-filing and workshop

A belated report of news from April on the Muscat Daily website of developments in Oman.

The first report (here) states:

"The Ministry of Commerce and Industry (MoCI) has launched an online system for filing patents.

“ePCT or the electronic Patent Cooperation Treaty is a new service that will make the process of filing patents easier. The service was launched on Monday,” said Fatma Abdullah al Ghazali, consultant for external affairs to the Minister of Commerce and Industry.

PCT assists applicants in seeking protection internationally for inventions, helps offices with their patent granting decisions and facilitates public access to technical information relating to those inventions. By filing one single application under PCT, applicants can seek protection for an invention in 148 countries, according to World Intellectual Property

Organization (WIPO). “We are a member of PCT since 2001 but have always depended on the International Bureau of WIPO to submit all applications. From now onwards, we will receive all patent applications with the technical support of WIPO,” she said.

Fatma said that earlier the person or firm had to visit the country he was seeking protection in to file a patent. “It is not possible for all Omanis to go abroad to file patents as it’s an expensive affair. They even had to hire international agents to submit their applications. Now, they can visit our office or submit the patent application on our website.”"

The second report (here) states:

"A two-day workshop on Patent Cooperation Treaty (PCT) began under the patronage of H E Dr Madeeha bint Ahmed bin Nassir al Shaibaniyah, Minister of Education and in the presence of H H Sayyid Dr Fahad bin al Julanda al Said, assistant secretary general for innovation and development of The Research Council (TRC), H E Dr Ali bin Masoud bin Ali al Sunaidy, Minister of Commerce and Industry, on Tuesday.

Organised by TRC in cooperation with other organisations, it is discussing a number of issues including the topic, ‘Patents in the Sultanate of Oman: Current Status, Performance and Statistics’. The workshop coincides with the World Intellectual Property Day that is marked on April 26 every year. Participants are being introduced to basics, contracting states, statistics and main advantages of PCT."

Free anti-counterfeiting guides - Lebanon and the UAE from WTR

World Trade Mark Trademark Review have made available on their website the 2016 edition of "Anti-counterfeiting – A Global Guide" (here). The guide includes chapters on Lebanon (here from Walid Nasser) and the United Arab Emirates (here from Malek Khalifeh).  Useful. 

Eid Al Fitr 2016

In the UAE, Ramadan is expected to end on the evening of 5 July and the Eid Al Fitr holiday to begin on Wednesday 6 July. So far we know of these holidays:

UAE - government closed from Sunday 3 July to Thursday 7 July, reopening Sunday 10 July
Pakistan - government closed from Wednesday 6 July to Friday 8 July, reopening Monday 11 July
Saudi Arabia - government closed from Friday 1 July to Saturday 9 July, reopening Sunday 10 July
Turkey - government closed from Monday 4 July to Friday 8 July, reopening Monday 11 July

WIPO - PCT Guides - Syria

News from WIPO two weeks ago that this part of the PCT Guide for Syria has been updated:

Receiving Offices - Annex C (here)

UAE - enforcement in Abu Dhabi so far in 2016 (part 2)

Further to the earlier report (here) of enforcement in Abu Dhabi in 2016, further news from Khaleej Times (here). Of particular interested to this part of the Empty Quarter during this Holy month is that the ADDED has "contributed to the UAE Red Crescent's charity project 'Preserving the Blessing' by donating 10,173 pieces of clothes and shoes, 102 grams of gold and Dh129,960 earned from recycling some of the seized goods."


The full article says:"Abu Dhabi will impose heavy fines on businesses that are involved in commercial fraud by selling fake products. In more serious cases, it could even result in the closure of such business.
The Abu Dhabi Department of Economic Development (Added) will introduce a number of measures and penalties based on law No (2) of 2009 on the establishment of Added and Resolution No 25 on the regulation of economic activities and licence issuance.

"These authorise the Added to impose penalties that can even reach the closure of any establishment that is involved in commercial fraud," said Mohammed Munif Al Mansouri, acting executive director of Abu Dhabi Business Centre.

He was commenting on the joint raids carried out by the Added in cooperation with the municipalities of Abu Dhabi, Al Ain and the Western Region, Abu Dhabi Police, the Food Control Authority, Abu Dhabi Quality and Conformity Council and the Waste Management Centre.

The Added destroyed 165,000 counterfeit and fake items seized during raids in recent months. The destroyed goods included clothes, shoes, accessories, cosmetics and haircare products, electronics, telephone and mobile phones, tobacco, food products, auto parts accessories, intellectual property works, sanitary items, building materials, medicines, games and gifts.

The Added has contributed to the UAE Red Crescent's charity project 'Preserving the Blessing' by donating 10,173 pieces of clothes and shoes, 102 grams of gold and Dh129,960 earned from recycling some of the seized goods.

Al Mansouri said his department is committed to continue its efforts to combat trading in counterfeit and fraudulent goods and to confiscate them across the emirate of Abu Dhabi through raids.

Al Mansouri commended the efforts of government stakeholders who took part in these raids along with Added inspectors in Abu Dhabi, Al Ain and the Western Region.

The raids have revealed several malpractices and techniques followed by storekeepers.

He said these raids come as part of an annual plan carried out this year by the Added to combat commercial fraud in the emirate of Abu Dhabi. He stressed the commitment of the Added to protect commercial activities across all sectors, especially those that are directly involved with consumers.

He called on consumers and trademark owners in the emirate of Abu Dhabi to contact the Added on the toll-free number (800555) to report any outlets or persons carrying out commercial fraud."

Kuwait - accession to the Patent Cooperation Treaty

Further to earlier news here and here, news from WIPO (here) that on 9 June 2016 Kuwait deposited its instrument of accession to the Patent Cooperation Treaty. The Treaty will enter in to force in Kuwait on 9 September 2016.

The full announcement reads: 

PCT Notification No. 208
Patent Cooperation Treaty (PCT)
Accession by the State of Kuwait

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the State of Kuwait, on June 9, 2016, of its instrument of accession to the Patent Cooperation Treaty (PCT), done at Washington on June 19, 1970, amended on September 28, 1979, modified on February 3, 1984, and on October 3, 2001.

The said Treaty will enter into force, with respect to the State of Kuwait, on September 9, 2016.

UAE - UAEU licences patents to US pharma business

News in Gulf News (here) of the licensing of four patents to US pharma business, BioLegend.

The report reads: "UAE University (UAEU) has signed a licensing agreement with global US-based pharmaceutical company BioLegend, which will see four of the university’s developed patents being used to help detect Parkinson’s disease, an official from the university told Gulf News.

The development is a big step in line with UAE’s vision of a knowledge-based economy, and also sends a positive message on the contributions that can be made from the Arab world in the fields of science and medicine.

“Researchers from our College of Medicine have been working for 10 years on developing a new method to diagnose Parkinson’s disease using antibodies that were produced in our laboratories. After successful research results, we filed a patent for our findings, with a lot of companies around the world showing interest in our studies,” said Mohammad Al Hemairy, head of Patents and Technology Transfer at UAEU.

“BioLegend is a multinational pharmaceutical company that is working to manufacture therapeutic and diagnostic tools for neurology diseases such as Parkinson’s and Alzhemiers among others. We entered discussions and negotiations with them for over a year until we reached terms that we both agreed on.

“The agreement grants BioLegend access to our intellectual property and patents for the next 10 years — allowing them to utilise our research findings to develop a commercial product for the market,” Al Hemairy added.

Commenting on the specifics of the research findings and the antibodies they produced, Al Hemairy said: “In simple terms, these antibodies have features that able them to carry messages to the nerve cells in the brain, after which they will form a cluster. This cluster can then be detected by a CT scan, which will allow doctors to identify the affected cells that are being damaged by Parkinson’s.”

Al Hemairy spoke positively on the magnitude of the patent agreements with BioLegend, and said it sets a new precedent for the university and the UAE.

“This is something very unique and novel — here we have a major company like BioLegend, who are based in the US and are worth billions of dollars, coming and seeking knowledge from the UAE,” he said.

“We have produced a technology that we are exporting to the outside world. We are contributing towards resolving and finding a diagnosis that is very much needed, and so there is a humanitarian dimension and benefit to what we are doing,” he added.

Speaking on the time frame for the planned commercialisation of the patents by BioLegend, Al Hemairy said that it would take roughly 18 months.

“Before BioLegend can send it to the manufacturing stage, there needs to be some tests for proof of concept — this is to basically prove that the findings do work and are safe to be used. After this is done, they will get the approval from the US Food and Drug Administration to manufacture the medication and drug,” said Al Hemairy.""

Libya - (slow) progress on publication of trade mark applications and issues with registration certificates

News from good friends SMAS that publication of trade mark applications is progressing slowly. They report that the last publication was "Publication no.3" on 4 June 2015 with application numbers 20195 to 20465.

In other news this part of the Empty Quarter has received registration certificates recently issued from Libya where the goods applied for have been changed to the class heading by the Trade Mark Office. According to advice from local agents the Trade Mark Office is changing the specification on all new registrations certificates in this way. Some agents are simply accepting the change and others are pushing back to try have the specification changed back to that which was applied for. The class heading used is from the 8th Edition of the Nice Classification.

Yemen - class headings no longer accepted

News from good friends SMAS by email that class headings are no loner accepted in trade mark applications. The notice from SMAS reads:

"Class heading in trademark applications will no longer acceptable in Yemen

The General Department for Intellectual Property in Yemen has issued a public notice on May 4, 2016 that the use of class heading in trademark applications will be no longer acceptable and the applicant should specify the goods/services for registration in details.

The said decision came in force in Yemen as from 6 June 2016.

Should you have any queries in relation to this matter or require any further information, please do not hesitate to contact us at yemen@smas-ip.com"

Saudi Arabia's National Transformation Plan includes SAR5 million to set up an Intellectual Property Authority

News from Arabian Business today that the National Transformation Plan of Saudi Arabia, part of the wider Vision 2030 change program, includes SAR5 million (about US$1.3 million) to set up an Intellectual Property Authority.

The article (here) says:

".....Other spending included 2.1 billion riyals to restructure the postal sector, 5 million to set up an intellectual property authority, 8 million to improve civil service performance and 3.5 billion to maintain cultural heritage....."

UAE - Dubai Customs detains 54 shipments in first 3 months of 2016

This is a belated report of news from Emirates 24/7 (here) that in April 2016 Dubai Customs reported that they had detained 54 shipments of counterfeit goods in the first quarter of 2016. The report reads:

"Dubai has intensified its campaign against intellectual property right (IPR) infringements during the first quarter of this year.

According to Dubai Customs’ figures released today, 135 seizures of IPR infringing goods worth Dh16.8 million were made last year while in the first quarter of this year, 54 seizures were made at a value of Dh34.5 million.

Abdullah Al Khaja, Executive Director of Customer Management Division at Dubai Customs, said: “You can only imagine the health and economic impacts if these goods went into our markets… The protection of intellectual property rights is gaining a lot of momentum in the UAE, to keep pace with the progress in creative industries.”

Speaking on the occasion of World IP Day 2016, Khaja said: “A report estimated that the growing impact of digital piracy could add up to £215 billion in lost revenue globally, while in the Mena region, losses in revenue due to digital piracy amount to over £750 million every year."

Korea to support the UAE Ministry of Economy's industrial property program

New from various sources of the signing of three MoUs between the UAe and South Korea. One of the MoUs deals with support of the UAE Ministry of Economy by the Korean Intellectual Property Office.

Khaleej Times (here) reports:

"......The most significant outcome of the committee meeting was the signing of three key memorandums of understanding (MoUs).....Another MoU involves the secondment of IT experts from the Korean Intellectual Property Office (Kipo) to the UAE Ministry of Economy in line with the latter's programme for industrial property......Participants discussed ways to strengthen cooperation in key sectors, including...intellectual property rights..."


Gulfbase.com (here) reports:

"The UAE Ministry of Economy has launched a work plan for developing its Industrial Property sector at various levels in cooperation with the Korean Intellectual Property Office (KIPO) and the Korea Institute of Patent Information (KIPI). The move follows up on the MOU signed by the Ministry and Korea during the UAE-Korea Joint Economic Committee Meeting concluded recently in Abu Dhabi.

The work plan forms part of the Ministry of Economy’s preparations for establishing its ‘International Centre for Registration of Patents’ as well as the implementation of the recommendations of the UAE’s Ministerial Development Council presented in early May 2016.

In line with the plan, a delegation from the Ministry headed by Eng. Mohammed Bin Abdul Aziz Al Shehhi, Undersecretary of Economic Affairs, and accompanied by Dr Ali Al-Hosni, Assistant Under-Secretary for Intellectual Property Affairs, and Khalfan Al Suwaidi, Industrial Property Director, visited the Republic of South Korea last month. The group met KIPO representatives and discussed ways to enhance cooperation in developing Ministry procedures related to industrial property and to prepare a programme for the automation of industrial property applications as stipulated in the MoU signed between the two countries during the latest UAE-Korea Economic Joint Committee meeting.

The agreement with the KIPO includes dedicating IT experts at the Ministry for the automation of the industrial property applications project and providing consultation, training and technical support for the automated system. The two parties also agreed that the KIPO and KIPI will provide consultations and suggestions on the development of related regulations.

Al Shehhi said that the plan is part of the Ministry’s efforts to further develop national industries and create an environment conducive to innovation as well as the protection of intellectual property rights in the sector."

UAE - enforcement in Abu Dhabi so far in 2016

News from a report in Emirates 24/7 (here) of enforcement by the Abu Dhabi Department for Economic Development so far in 2016. The report reads:

"Over 200,000 fakes seized in Abu Dhabi
ADDED launched 247 inspection raids, issued 1555 fines

Abu Dhabi Department of Economic Development’s Abu Dhabi Business Center (ADBC) conducted 247 inspection raids in outlets and commercial establishments in Abu Dhabi, Al Ain and the Western Region in the first quarter of 2016, and confiscated 200,428 counterfeit products. These included auto spare parts, electronic devices, clothes, accessories, beauty products and other items.

In it’s Q1, 2016 report, ADDED’s Commercial Protection Division said the raid resulted in issuing 1,555 fines against outlets and establishments that violated laws and regulations of practising business activity in some sectors across the Abu Dhabi.

Seven stores were closed for non-compliance with the emirate’s business practice laws and regulations.

According to the report, 33,164 field visits were conducted to Abu Dhabi’s stores and establishments in Q1 of 2016.

In the same period, the Commercial Protection Division received 945 complaints from consumers and trade mark owners about wrong or illegal practices by some businesses, street vendors and others.

Consumer awareness during Ramadan

Khalifa bin Salem Al Mansouri, ADDED Acting Undersecretary, stressed the ADDED commitment to trace and eliminate all negative practices that will affect the performance of the business environment in Abu Dhabi. He lauded the role of ADDED’s strategic partners across government, semi-government and private sectors in helping the authority achieve its strategic goals of establishing a competitive business environment in the emirate.

During the month of Ramadan, ADDED conducts inspection visits to vegetable and fruit markets, livestock markets and other outlets across the three regions of the emirate in coordination with the Ministry of Economy, he said and added that ADDED also distributes pamphlets to raise consumer awareness during Ramadan.

He called on the public in Abu Dhabi to report any violations to competent bodies, especially ADDED as it is responsible for the regulation of commercial activities in the emirate in coordination with other stakeholders.

Al Mansouri stressed that in line with its endeavours to promote its role in the field of commercial protection in Abu Dhabi, ADDED has initiated procedures to enforce laws of competition and intellectual property protection, to develop electronic platforms to receive consumer complaints, to launch awareness campaigns to ensure consumer rights and protection and to enforce governance mechanisms along with strategic partners in the field of consumer protection.

"The ADDED is now implementing a number of strategic commercial protection projects in cooperation with relevant government partners in the emirate, including the establishment of a consumer protection center, market monitoring, restructuring the retail sector like supermarkets, geographic coding, mobile truck vending, eliminating nominal or mock trade licenses and the provision of the services of the Commercial Protection Division through smart mobile applications.

Raids and complaints

The report also said that 58 inspection raids were conducted in January to trace commercial fraud and combat negative practices in Abu Dhabi, Al Ain and the Western Region. They resulted in confiscating 2,126 electronic devices, clothes and accessories in addition to 234 sheep from street vendors.

There were 88 raids in February, resulting in the seizure of 162,816 items, including counterfeit car spare parts, electronic devices, clothes, accessories, beauty products. Apart from these 27.5 tonnes of vegetables and fruits and 3 tonnes of clothes and household items were also confiscated from street vendors.

In March 101 inspection visits resulted in the confiscation of 35,486 items including car spare parts, electronic devices, clothes, accessories, beauty products as well as 10,220 Kg of vegetables and fruits.

Region-wise, the report noted that the city of Abu Dhabi has seen 19,657 field inspection visits to stores and commercial establishments during the first quarter of 2016. During these visits, 761 fines were issued. The Commercial Protection Division received 490 complaints from customers and trade name owners in the city.

In Al Ain, 8,963 field inspection visits were made to stores and commercial establishments during the same period, in which 707 fines were issued. The Commercial Protection Division received 441 complaints from customers and trade name owners in the Al Ain.

As for the Western Region, 4,544 field inspection visits were conducted in the first quarter, where 87 fines were issued against violators. The Commercial Protection Division received only 19 complaints from customers and trade name owners in the Western Region."

Good work

Syria - increase in official fees - effective 22 May 2016

News from good friends SMAS that official fees in Syria increased on 22 May 2016.  The email report from SMAS reads:

"Please be advised that the Syrian Ministry of Interior Trade and Consumer Protection has issued a new decision No. 1171 dated 15 May 2016, stipulating that the publication fees of accepted trademarks, industrial deigns, industrial models applications (for new application, as well as, renewals) and the recordal of changes applications have been increased for local and foreign applicants, bearing in mind that the said decision came in force as from  22 May 2016.

The new fees will be as follows:

Description	Amount Syrian pound
Publication fees of new/renewal applications for trademarks, Industrial designs/models (1st & 2nd publication fees)	70,000
Extra publication fees for each extra ten items for new/renewal trademark applications (1st & 2nd publication fees)	2000
Extra publication fees for each additional industrial design /model in the one and the same application	12000
Publication fees for recordal of changes applications	25,000
Extra publication fees for each additional trademark/industrial design/model	5000
Extra publication fees for each additional change in the one and same application	2000

" 

Bahrain - significant increases in official fees - effective 29 May 2016

News from good friends SMAS that official fees in Bahrain were increased on 29 May 2016. While full details are not available, this part of the Empty Quarter has been told that the official fees for a trade mark search for one mark in one class have increased from US$80 to US$265.

News from good friends Saba & Co by email. Their notice reads:

"Bahrain: Substantial Increase in Official Fees and Introduction of Online Publication

Pursuant to Ministerial Decree no. 65 of 2016 approving the Implementing Regulations of the GCC Trademark Law, the official fees for trademark related matters have increased significantly across the board in comparison with their current level. The new rates became effective as of May 29, 2016 and will be applied on all new as well as pending applications.

The increase in fees has also been coupled with the introduction of an electronic Official Gazette (eOG). The eOG will be available in English and Arabic and is expected to be published every Thursday of each month. This electronic version will contain the particulars of each accepted trademark application and a representative drawing, along with a list of cancelled registrations. It will also contain the particulars of approved Recordals of License Agreements and Transfers of Ownership. For the time being, the eOG will not be including a list of renewed registrations, notices of office actions, as well as particulars of international registrations designating Bahrain.

The first eOG, planned to be issued on June 2, 2016, is expected to include around 1,000 publications. On the publication date or shortly thereafter, applicants should carefully review the information that appears in the eOG for accuracy. Any interested party may file an opposition against a published trademark within 60 days from publication date."

Oman - trade names must be in Arabic

News from the Omani Ministry of Commerce & Industry (here) of ministerial decision No 124/2016 Issued on 27 April 2016. Effective from the day after publication in Official Gazette 1145. The report reads:

"1 May 2016: Dr Ali bin Masoud al Sunaidy, Minister of Commerce and Industry has issued a ministerial decision No 124/2016 regarding new regulations for the registration of trade names. The regulations states that the trade name should be formed of original Arabic words or translated to Arabic and it should not contain foreign words except for the subsidiaries of international companies registered in the Sultanate or the joint Omani-foreign companies or the wholly foreign-owned firms. The decision stated that registered trade name should not be split or changed either by addition or omission and the subsidiaries of a registered commercial entity are not allowed to go under an independent trade name. As per the regulation , the ministry of commerce and industry may reject a proposed trade name or change an existing trade name that is deemed noncompliant with the regulations. The regulations ban the registration of trade names that are consistent with well-known local or overseas firms. Banned trade names also include those bearing political, religious or military connotations or are consistent with the names of existing social or charitable organizations. The regulations also ban registration of trade names containing the word ‘Oman’ or Omaniyah."