QATAR – Provides respite to design owners through copyright law
As JAH & CO. IP had reported earlier, the Qatari Trademarks, Commercial Indications, Trade Names, Geographical Indications, and Industrial Designs & Models Law no. 9 of 2002 was issued on June 8, 2002 and published in the Official Gazette coming into force on September 2002; however, the authorities have not yet established the necessary office for receiving design applications, nor have they drafted the implementing regulations yet.
In light of the above and as an alternative measure, protection was sought out by publishing cautionary notices at regular intervals in local newspapers. Though such publication is not effective as a registration and are not deposited with any government department they will help in defining the owner’s interest in industrial property, announcing the ownership thereto and alerting the public against any possible infringement and could be a legal value when submitted in court, in the event of infringement, thereby claiming ownership of the design and alerting third parties against further infringement. There is no standing regulation as to when a cautionary notice should be republished.
Now, we would like to advise our associates and clients that the Legal Counsellor at the Intellectual Property confirmed that designs and models owners can obtain a legal protection of their designs and models through registration as a copyright under copyright law no. 7 of 2002 until the implementation regulations of the design law is issued and actual filin of designs is put into effect. The following are the requirements to file a design as a copy right in Qatar
• POA, legalized
• Name of designers
• Subject of the work
• 5 copies of the work
• Detailed specification of the work
• Written declaration of the ownership of the work
• Approval of the work by the competent department in the applicant’s country
IRAN – Incorporation of additional classes to existing registrations
It has been noticed recently that the Iranian Trademarks Registrar often requests applicants who file a separate application of additional classes of goods and services for existing registrations of the same mark to incorporate the additional classes into their previous registration. Therefore, it is recommended for any interested who have a registered mark in certain classes of goods/services and wishes subsequently to register the same trademark for different classes of goods/services to file a request for the addition of the concerned class of goods/services to the previous registration instead of a seeking a standalone registration. The request of addition of the classes to the previously registered registration mark will undergo substantive examination for absolute and relative grounds and publication in the official gazette for opposition purpose. In absence of any obstacle during examination and opposition, the recordal of additional class will be endorsed overleaf of the original registration certificate and it will enjoy the same protection term of the previous registration.
SYRIA – Reorganisation of Intellectual Property cases
Please be advised that Syrian Ministry of Justice has recently announced that all IP related legal cases should be handled by the FIFTH Civil court of First Instance in lieu of the FIRST Commercial Court of First Instance. This Ministerial decision was stipulated on 24 February 2018 in order to organise the back log and work load of legal cases being currently handled by courts in Syria. The FIFTH Civil court of First Instance will handle appeals against trademark registrar’s refusal decisions, oppositions against registration of trademarks, counter oppositions cases as well as infringement and cancellation actions.
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