As a follow up to our earlier news alert on probable increase of publication fees for renewal in Saudi Arabia we have been informed by the authorities of the following:
- Renewal of Trademark will be filed and completed online. The e-filling will commence immediately i.e. 27 March, 2016
- The publication fee will be raised to 3000 SAR from 300 SAR.
As such, the total official fees for Trademark Renewal per class will be 6000 SAR or 1600 USD.
Documentary requirement for renewal
- A Power of Attorney legalized up to Saudi Arabian consulate.
- It was mandatory to submit registration certificate for the renewal of trademarks according to the earlier procedure, for endorsement. (However; we are not sure whether the originals will be required anymore as the renewal applications are filed online. We can only confirm the exact requirements once we receive the official information from the Trademark Office)
The recordals are also said to be filed via online procedure, however it is expected to take some more time before being implemented.
Please be advised that the Ugandan Trademarks registry has recently published a list of trademarks eligible to be renewed in 2016-2017. Kindly check with your records so as to maintain your IP rights within this jurisdiction.
Please be advised that there is a new law in Zanzibar, following the enactment and promulgation of the Zanzibar Industrial Property Regulations of 2014 (the “Regulations”). Succinctly, these long awaited Regulations, for the smooth implementation of the Zanzibar Industrial Property Act of 2008 (the “New Act”), were enacted and published by the Minister of Justice and Constitutional Affairs in the Government Gazette of 17 April 2015, but made available to the public towards the end of last year 2015. With the promulgation of the implementing Regulations in 2015, it is now possible to file and obtain protection in respect of various IP rights provided for under the New Act.
The New Act has provisions which consolidates and codifies the laws on protection of Trade and Service Marks, Patents, Geographical Indications, Industrial Designs, Layout Designs of Integrated Circuits and Utility Models, into one piece of legislation. Furthermore, for the first time in Zanzibar, the New Act provided for the protection and registration of Service Marks, Collective Marks, Certification Marks as well as nontraditional marks such as Sound, Colour and Scent Marks.
Few salient issues addressed in these Regulations are:-
- International and National Patents can now be filed in Zanzibar.
- Registrar to apply the International Patents Classification System under the Strasbourg Agreement, as updated in its subsequent editions
- Utility Models can now be filed in Zanzibar.
- Introduction of Payment of maintenance Annual Fees, for Patents and Utility Models.
- Clarity on how some apparent ambiguous provisions in the New Act should be construed.
- Industrial Designs can now be filed and protected in Zanzibar.
- Layout Designs (Topographies) of Integrated Circuits can now be filed in Zanzibar.
- Service Marks, Collective marks, certification marks as well as nontraditional marks, can now be filed in Zanzibar.
- Procedure for reclassification of trademarks
- Geographical Indications can now be filed in Zanzibar
- Categorization of goods for the purposes of the registration of Geographical Indication, provided in the Third Schedule.
- Provision of Security of Costs, in opposition matters, in respect of Applicants/Opponent with no immovable property in Zanzibar.
- Priority can be claimed based on an earlier application.
- Evidence under the New Act to be filed by either Statutory Declarations or Affidavits.
- English or Kiswahili to be used as official language
- Registered User or License Agreement can now be recorded in Zanzibar
- No refund of Official fees once paid.
Please find the regulation here.
The Council of Ministers of Mozambique approved a new Mozambique Industrial Property Code on 31 December 2015 (“the New IP Code”). The New Code, published under Decree no. 47/2015, will come into force on 31 March 2016, replacing the 2006 Industrial Property Code (the “2006 IP Code”).
Differences between the 2006 IP Code and the New IP Code relate mainly to revised time periods, re-wording and clarification of certain sections, administrative and format revisions. A limited number of substantive legal changes have been made. Unfortunately the New IP Code was not published for comment and concerns pertaining to issues such as delays in handing down decisions by the Administrative Courts have not been addressed. Short, unextendable deadlines for responding to official actions and provisional refusals have been retained.