Kuwait - new Copyright law

Hot on the heels of the publication of the USTR Special 301 report last month in wish Kuwait remained on the Special Watch List in part due to not having passed a new Copyright Law, news reaches this part of the Empty Quarter that the National Assembly in Kuwait approved the draft law yesterday.

The Special 301 report (here) says:

"Kuwait remains on the Priority Watch List in 2016. Kuwait was elevated from the Watch List in November 2014 at the conclusion of an OCR, because Kuwait failed to introduce to the National Assembly a copyright law consistent with international standards, and had not resumed effective enforcement against copyright and trademark infringement. Although Kuwaiti officials initially took steps to resume enforcement following the announcement of the 2014 OCR, effective enforcement actions have reportedly significantly decreased since June 2015, particularly against trade in counterfeit goods. The United States awaits improvements in copyright and trademark enforcement and the passage of long-overdue copyright legislation that is consistent with Kuwait’s international commitments. The United States stands ready to work with Kuwait toward resolving these important issues."

The Arab Times online (here) reports:

"KUWAIT CITY, May 10: The National Assembly unanimously approved the draft law on copyright and related rights in the first and second deliberations on Tuesday. Information Minister and State Minister for Youth Affairs Sheikh Salman Al-Sabah thanked the Parliament for adopting the law, considering its importance in the culture of Kuwait.

According to the report of the Educational, Cultural and Guidance Affairs Committee, Kuwait joined several regional and international conventions on intellectual property rights because of the need to protect copyright and related rights.

The law consists of 45 articles in three chapters. Article One defines ‘written work’ as every innovative literary, artistic or scientific work or a way of expression with significance or purpose. The same article defines ‘related rights’ as the rights inherent in the author’s copyright and anything similar in some respects (right of public performance, the right of producers of phonograms or right of broadcasting institutions).

Article Two states that protection accorded to copyright and related rights covers natural and legal persons — Kuwaitis, foreigners who are permanent residents in the State of Kuwait and foreigners from any of the member-States in the Berne Convention for the protection of literary and artistic works or in the World Trade Organization and others.

Article Four enumerates cases where protection is not applied as per the law.

Article Five states that national folklore is owned by the public so the National Council for Culture, Arts and Literature must fully support such works.

Article Six stipulates that the moral rights of the author and his general successor over his written books is permanent and cannot be waived or confiscated.

Article Eight gives authority to the National Council for Culture, Arts and Literature to exercise the moral rights provided for in Article Six if the author dies without an heir, as well as the works of unknown authors.

Article 37 grants the customs authorities the right to order non-customs clearance for goods if any of the protected rights is violated. Article 38 mandates the Kuwait National Library to establish a register for depositing works, sound recordings, radio shows and performances, while the executive regulations should determine procedures and rules in this regard.

Article 39 stipulates the right of the concerned persons to lodge a complaint against decisions on refusal to register and deposit works.

Article 40 states that the Public Prosecution has the sole authority to investigate, act and prosecute in all crimes arising from the application of the law within the jurisdiction of the Criminal Division in the High Court to look into criminal proceedings stipulated in this law and allows submission of an appeal regarding its ruling."

UAE - OSN tackling TV piracy

There are a number of reports of the same case involving action by OSN resulting in the conviction of an individual in the UAE (Al Arabiya, Al Bawaba, Gulf News).

The defendant was convicted of selling IP888 TV services and sentenced to three months in prison, a fine of DHs50,000 followed by deportation from the UAE. The reports refer to 213 actions across the GCC and Egypt and specifically refer to an increase in the use of IP TV services provided by UKTV Abroad, IP888 TV, Primetimetv.TV, Volka TV, Royal IPTV, GIPTV and Expat TV.

This part of the Empty Quarter feels that these reports are useful warnings to other sellers of the fact that OSN are active and targeting sellers of specific services.

Syria - Agreement with North Korea covers intellectual property

News from Syria of the signing by the Culture Ministry of an agreement with the Democratic People’s Republic of Korea (North Korea).

The Syrian Radio & TV Online webiste (here) reports:

The Culture Ministry signed on Wednesday with the Embassy of the Democratic People’s Republic of Korea (DPRK) the executive program for cultural cooperation for the years 2015, 2016 and 2017.

The program includes cooperation in the fields of cinema, theatre, music, plastic arts, copyrights, intellectual property, culture days, the Higher Institute of Music and the Higher Institute of Dramatic Arts.

Cooperation in cinema will include holding film weeks in both countries and exchanging movie experts and participation in film festivals.

In theatre, the program will involve cooperation in exchanging visits of artistic bands and participation in music and theatre festivals, in addition to supporting cooperation between the Higher Institute of Dramatic Arts in Damascus and its counterpart in the DPRK.

The two sides will exchange expertise and visits and hold exhibitions in painting, sculpturing and publications in the framework of cooperation in the arts field, according to the program.

As for copyrights cooperation, both sides will encourage protection of literary and artistic groups and copyrights and intellectual property rights, especially at the international forums.

The program also provides for cooperation in the music field where both sides cooperate in teaching music, exchanging visits and holding culture days in both countries.

Culture Minister Issam Khalil said in a press statement following the singing that this program is part of activating cooperation between Syria and Democratic Korea as both countries face continuous attempts aimed at undermining their independent political decision and sovereignty.

In turn, Ambassador Jang Myong Ho of DPRK said the program shows that bilateral relationship between the two countries is developing in all fields.

Qatar - copyright enforcement

News (here) in The Peninsula newspaper of an action taken by the Ministry of Economy and Commerce in Qatar against an operation copying CDs and DVDs. 

UAE - Ministry of Economy fee increases with copies of the documents

Further to the earlier posts here, here, and here on the fee increases in the UAE following Cabinet Decree No. 9 of 2015, this part of the Empty Quarter has received a notification dated 13 May 2015 from the Administration of Industrial Property in the Ministry of Economy confirming that the Decree will come into effect on Saturday 30 May 2015 and attaching Financial Circular No. (15) of 2015 signed by the Under Secretary of Economic Affairs to that effect. Also attached is an official English translation of the Decree.

Copies of the various documents can be found here:

Cabinet Decree 9 of 2015 Arabic
Cabinet Decree 9 of 2015 English
Circular 15 of 2015 Arabic
Circular 15 of 2015 English

Morocco - many changes to IP regime

Many reports of the many changes to the IP regime in Morocco. Useful summaries from February 2015 from many good friends: Spoor & Fisher here, H&H IP here, AGIP here; and Saba & Co. here.

South Sudan - an update on not much happening

News from good friends Spoor & Fisher in February 2015 here of what is, or is not, happening in South Sudan. For those who cant click through they say:

"South Sudan

South Sudan gained full independence from Sudan in 9 July 2011, which means that Sudanese trade mark registrations no longer have any effect in South Sudan. Unfortunately South Sudan has not passed its own trade mark legislation either which means, quite simply, that there is no trade mark law. Notwithstanding this, the Business Registry of South Sudan is accepting and processing trade mark applications, and it is being guided by the Sudan Trade Marks Act of 1969.

So what effect do these applications have? Although they have no official effect, the general feeling is that they will be recognised in the sense that a certificate issued under this system will be cited against a later application, and may possibly even be recognised in litigation. The received wisdom also is that any trade mark legislation that is eventually passed will ratify and recognise registrations that were granted under the informal system, and that they will run for ten years from the filing date. It is therefore worthwhile filing in South Sudan.

The filing process under the informal system is quite particular. Only single-class applications may be filed; it is necessary to submit a notarised Power of Attorney and a notarised Certificate of Incorporation or Extract from the Commercial Register; and it is also necessary to submit a representation of the mark and a picture or photo showing how the mark is to be applied to the goods claimed. In cases where the application covers beverages for human consumption, the picture requirement is replaced by one requiring real samples of the container containing the beverage and showing the trade mark to be submitted – this is apparently so that it can be tested for public health reasons.

At this stage there are no corresponding arrangements for patents, designs or other IP rights in South Sudan."

UAE - the new official fees from 29 May 2015

Further to the earlier post here this part of the Empty Quarter now has a copy of Cabinet Decree 9/2015 dated 4 March 2015, published in Official Gazette no. 577 dated 31 March 2015 (published on 21 April 2015) with the full details of the significant increases to the official fees for many transactions at the Ministry of Economy including trade marks, patents, designs and copyrights.

The new fees apply from 29 May 2015. There are no transitional provisions and so the new fees are expected to apply to all fees payable from Sunday 31 May 2015. The new fees are:

Serial. No.		Service Description	Service Fees AED
Copyrights and Neighboring Rights Thereto
1	Collective Management License.		100,000
2	Annual Renewal of Collective Management License.		50,000
3	Collective Management License In lieu of lost One.		1,000
4	Workbook translation License.		1,000
5	Workbook translation License In lieu of lost One.		500
6	Workbook copying license.		1,000
7	Workbook copying license In lieu of lost One.		500
8	Workbook translation and copy license.		2,000
9	Workbook translation and copying license In lieu of lost One.		1,000
10	Workbook Registration in lieu of lost one.		300
11	Workbook Registration for natural person.		100
12	Workbook Registration for corporate person.		300
13	Open file for intellectual Workbook distributers		1,000
14	Registration Application of no more than (10) ten workbooks included in importation or distribution contract, providing that  a new application shall be submitted in case of registering more workbooks.		500
15	Filing Complaint for violation of rights, for natural person.		150
16	Filing Complaint for violation of rights, for corporate person.		500
17	Application for amending data of any workbook.		200
Commercial Agencies
18	Recording a commercial agency into the Commercial agencies register.		10,000
19	Renewal of Registration of commercial agency in The Commercial Agencies Register.		4,000
20	Registration Certificate of Commercial Agency in lieu of lost one		200
21	True copy of a commercial agency contract, or any other document kept in the Commercial Agents Register.		100
22	To Whom It May Concern Certificate  for Commercial agencies		200
23	Circulation Application for Customs, and other authorities with regard to commercial agencies.		200
24	Official extract of Registration Statement		200
25	Application of Certificate of Non Registration in Commercial Agent Register		200
26	Application for recordal in Commercial Agents Register		1,000
27	inspection Application for commercial agency infringement		2,000
28	Application of additional infringement inspection for commercial agency		1,000
29	Current disputes between principals and agents. To be collected from the commercial agent.		12,000
30	Current disputes between principals and agents. To be collected from the principal company.		12,000
Trade marks
31	Trade marks Journal Sale		100 for each copy
32	Annual subscription in Trade marks Journal		1,200
33	Application by the trade mark owner to record any amendment or addition to their trade mark.		500
34	Application to amend the use rules of registered trade mark assigned for control and inspection procedures.		500
35	Application for true copy of what is recorded in trade marks register, or of any application or document submitted to/ issued by Trade marks Department		200
36	Trade mark Search Application		500
37	Application to record mortgage on trade mark or related trade marks, or trade mark license or trade mark transfer .		1,700
38	Application to remove a mortgage registered on a trade mark or related trade marks.		500
39	Application to deregister trade mark license.		500
40	Application to deregister as trade mark with regard to all goods, products or services, or any of them.		500
41	Application for registration of trade mark or group of trade marks related to goods, products or services under any class.		1,000
42	Application for registration of trade mark or group of trade marks related to goods, products or services under one class.		10,000
43	Renewal of registration of trade mark or group of trade marks related to goods, products or services under one class.		10,000
44	Application to register a trade mark assigned for control and inspection procedures related to goods, products or services under one class.		1,000
45	Application to register a trade mark assigned for control and inspection procedures related to goods, products or services under another class.		10,000
46	Renewal of registration of a trade mark assigned for control and inspection procedures related to goods, products or services under one class.		10,000
47	Application for recording of information into trade mark register by owner of the registered trade mark.		500
48	Application to renew the protection period of registered trade mark, group of registered trade marks or trade mark assigned for control and inspection procedures, if the application is submitted during the last year of protection, and for each trade mark of any group of trade marks subsequent to the first group of trade mark.		1,000
49	Application to renew protection period of registered trade mark, group of registered trade marks or trade mark assigned for control and inspection procedures, if the application is submitted within three months after protection expiration, and for each trade mark of any group of trade marks subsequent to the first group of trade mark.		2,000
50	Filing inspection Application regarding trade mark infringement		2,000
51	Appeal against rejection of an application for registration of trade mark or subjecting the acceptance of the same to a condition.		5,000
52	Opposition to trade mark registration		10,000
53	Application for hearing the statements of both parties, and any of them before considering objections to a trade mark registration.		500
54	Appeal against rejection to make any addition or amendment to a registered trade mark.		2,500
55	Application for temporary protection for a trade mark in local or international exhibitions.		500
56	Objection to application for deregistration of trade mark license of use.		500
57	Publication of trade mark in trade marks journal		1,000
58	Additional Inspection Application regarding the same trade mark infringement complaint.		1,000
59	Appeal against settlement decision issued in opposition to trade mark registration.		10,000
60	Amending registration details of trade mark registration agent.		1,000
61	Application for legal grace period to submit the power of attorney of trade mark registration application, or to submit opposition to a trade mark registration.		1,000
62	Application for legal grace period to submit the document related to a previous priority of trade mark registration in a member country of Paris Convention.		500
63	Application for legal grace period to submit the priority document which was previously submitted in a member country in Paris Conventions, to register trade mark after expiration of three month from the date of filing the subsequent application.		500
64	Application for reconsideration of technical examination decision issued with regard to a trade mark registration.		1,000
65	Issuance of trade mark certificate in lieu of lost one.		200
66	Application for cancellation of trade mark.		10,000
67	Registration of trade mark registration agent, For sole establishment.		3,000
68	Registration of trade mark registration agent, For national company.		5,000
69	Registration of trade mark registration agent, For foreign company.		10,000
Industrial Projects
70	Issuance of Non Compliance Certificate		500
71	Issuance of value -Added Certificate		1,000
72	Update or amend data of Industrial Register		250
73	Issuance of Price Preference Certificate		100
74	Registration of industrial project in Industrial Register for the first time.		1,000
75	Renewal of registration in Industrial Register.		500 annually
76	Initial approval for industrial project		1,000
77	Renewal of initial approval for industrial project		500
78	Application to add one raw material, or more, (introduction of raw material) to the list of raw materials used in industrial production.		100 for each application
79	Application to increase quota of one raw material, or more, (introduction of raw material) in the list of raw materials used in industrial production.		50 for each application
80	Exportation of scrap iron outside UAE		250 for one ton
81	Industrial imports exemption from Customs Fees		50 for each application
82	Industrial inspection		100
Auditors
83	Recordal of Change of any amendment or change to the registration data or the documents attached thereto, or on transfer of registration form one schedule to another , for national companies.		400
84	Recordal of Change of any amendment or change to the registration data or the documents attached thereto, or on transfer of registration form one schedule to another, for foreign companies.		500
85	Recordal of Change of any amendment or change to the registration data or the documents attached thereto, or on transfer of registration form one schedule to another, for natural persons.		200
86	Registration of Head Office of national companies in auditor schedule, for two years.		10,000
87	Renewal of national companies Head Office Registration in Auditors Schedule.		5,000
88	Registration of branches of national companies in Auditors Schedule, for two years.		10,000 for each branch
89	Renewal of national companies branches Registration in Auditors Schedule.		5,000 for each branch
90	Registration of foreign companies in Auditors Schedule, for two years.		25,000 for each year
91	Renewal of Registration of foreign companies in Auditors Schedule.		10,000 for each branch
92	Registration of natural persons in Practicing Auditors Schedule, for two years.		3,000
93	Renewal of natural persons Registration in Practicing Auditors Schedule.		1,000
94	Registration of natural persons in Non Practicing Auditors Schedule, for two years.		1,000
95	Renewal of natural persons Registration in Non Practicing Auditors Schedule.		300
96	Registration in Auditing Trainees Schedule.		1,000
97	Filing a complaint against natural or corporate auditor.		5,000
98	Inquiring about auditors.		200
99	To Whom It May Concern Certificate for auditors.		100
100	Certificate of registration or renewal of registration of auditors in lieu of lost or damaged one.		100
Industrial Property of Patents			Natural person		Corporate person
101	Filing Application for search and technical examination for patents		7,000
102	Filing Application for amending search and technical examination for patents		5,000
103	Publication of any decision, judgment, contract, or procedures which is required to be paid before publication according to Federal Law No 17 of 2002.		400		800
104	True copy of any document of protection documents or other related documents, certificate of content of any of them, or extract of its relative register.		100		200
105	Recordal in agent registration schedule.		3,000
106	Renewal of recordal in agent registration schedule.		2,000
107	Appeal before Appeal Committee which is formed by virtue of Federal Law No 17 of 2002 on regulation and protection of industrial property of patents, fees, and industrial designs.		500		1,000
108	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 2nd year).		400		800
109	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 3rd  year).		420		840
110	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 4th  year).		440		880
111	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 5th  year).		460		920
112	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 6th year).		480		960
113	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 7th  year).		500		1,000
114	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 8th  year).		520		1,040
115	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 9th year).		540		1,080
116	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 10th year).		560		1,120
117	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 11th  year).		580		1,160
118	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 12th year).		600		1,200
119	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 13th  year).		620		1,240
120	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 14th  year).		640		1,280
121	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 15th year).		660		1,320
122	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 16th  year).		680		1,360
123	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 17th  year).		700		1,400
124	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 18th year).		720		1,440
125	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 19th  year).		740		1,480
126	Annual Progressive Fees for protection documents and applications related thereto, as of the second year (Following the date of submission of the application), till expiration of protection (for the 20th year).		760		1,520
127	Additional fees in case of accepting payment of annual progressive fees within 30 days from expiration of year of payment.		200		400
128	Registration of protection application for industrial property of patents.		1000		2,000
129	Application for correcting or amending data of protection document of industrial property for patents.		200		400
130	Renewal of period of protection document of industrial property for drawings and industrial designs.		1,000		2,000
131	Assignment registration of protection document of industrial property for patents.		400		800
132	Application for registration of Know-How or license contact.		200		400
133	Application to amend or renew Know-How or license contact.		100		200
134	Annual subscription in Industrial Property Journal		600
135	Request for copy of Industrial Property Journal		50
136	Change of registration agent		1,000
137	Technical Search in Industrial Property Department in the Ministry		1,000
138	Inquiring about application status		200		400
139	Transfer of patent		500		1,000
140	Restoration of application after being cancelled/fortified		1,500		3,000
141	Application of temporary protection for patents in local or international exhibitions.		500		2,000
Commercial and Foreign Companies
142	Announcement of incorporation of a joint stock company.			1,000
143	Publishing official deeds of joint stock companies and companies limited by shares.			20,000
144	Publishing of amendment of official deeds of joint stock companies.			2,000
145	Publishing official deed of limited liability company.			3,000
146	Publishing official deed of partnerships or limited partnership.			2,000
147	Publishing any amendment of official deeds for the commercial companies.			1,000
148	Approval of microfilm system for saving documents of joint stock company.			1,000
149	Application for extract of registration details for foreign companies.			100
150	Application for a certificate to whom it may concern for foreign companies.			100
151	Application for inquiry of person companies.			100
152	Attestation of person companies contract.			100
153	Application for estimation/ of in kind shares of joint stock company.			5,000
154	Application for reduction of joint stock company capital.			1,000
155	Examination of estimating the premium of joint stock company.			5,000
156	Examination of application for transfer into joint stock company.			2,000
157	Registering a joint stock company in company register.			10,000
158	Renewal of registration of a joint stock company register			5,000
159	Sale, merge or acquisition of foreign companies.			15,000
160	Opening a branch of person companies.			1,000
161	Application for licensing establishment of a branch or office of foreign company.			5,000
162	Application for registering a foreign company in foreign company register.			10,000
163	Application for amending details of foreign companies register.			2,000
164	Renewal of registration of foreign company in foreign companies register.			10,000
165	Application for examining incorporation of joint stock company.			5,000
166	True copy of all transactions.			100
167	To whom it may concern certificate for joint stock companies.			200
Certificates of Origin for National products
168	Certificate of origin for national products, to be charged for invoices amounting from (AED 1 to AED 1000).			20
169	Certificate of origin for national products, to be charged for invoices amounting from (AED 1001 to AED 5000).			40
170	Certificate of origin for national products, to be charged for invoices amounting from (AED 5001 to AED 20000).			60
171	Certificate of origin for national products, to be charged for invoices amounting from (AED 20001 to AED 40000).			80
172	Certificate of origin for national products, to be charged for invoices amounting from (AED 40001 to AED 100000).			100
173	Certificate of origin for national products, to be charged for invoices amounting from (AED 100001 to AED 500000).			200
174	Certificate of origin for national products, to be charged for invoices amounting exceeding (AED 500000).			400
175	Printing an amended certificate of origin in lieu of a certificate of origin, which fees have been paid.			40