2024 witnessed a dynamic shift in intellectual property landscape across various Middle Eastern jurisdictions. From policy reforms to procedural updates, navigating this evolving terrain requires a keen understanding of the latest developments. Below is a summary that provides a concise overview of key circulars and updates issued throughout 2024, offering valuable insights for businesses and legal professionals alike.
Qatar:
The Ministry of Commerce and Industry (MOCI) has implemented several key changes to its intellectual property (IP) practice. Notably, a new Grievance Committee has been established to review appeals pertaining to patent application decisions, ensuring a more robust and transparent review process for applicants.
Regarding the representation of applicants, a new circular has outlined updated requirements for Powers of Attorney. These requirements now include Ministry of Foreign Affairs (MoFA) certification and a certified Arabic translation, ensuring proper legal representation and facilitating efficient communication within the MOCI.
With respect to international cooperation, Qatar has joined Madrid Protocol and will now receive individual fees for designations and renewals made through this system. This development is expected to streamline international filings for businesses operating in Qatar.
Finally, the MOCI has implemented significant fee reductions for various business services, including patents and designs. These reductions aim to encourage innovation and make intellectual property protection more accessible to businesses.
Syria:
The Syrian Trademarks Office has revoked the prior requirement of obtaining security approval from the Ministry of Interior for the Power of Attorneys (POAs) as a prerequisite for filing trademark applications and handling other Intellectual Property (IP) related services, including appealing provisional refusals of international trademarks designating Syria.
Furthermore, Turkish companies and individuals with Turkish citizenship can now access IP services and secure trademark protection in Syria without facing undue impediments. While not yet formally announced through an official circular, this change in policy effectively addresses the previous unreasonable rejections and neglect of trademark applications from Turkish entities and individuals by the Syrian Trademarks Office. As we are aware that many IR trademarks proprietors have missed the deadlines for appealing provisional refusals as they are Turkish or due to the lengthy time needed to obtain security approval of POAs required to be lodged with the appeal, we recommend that such applicant can file new national trademark applications to secure legal protection of their marks in Syria.
Sudan:
The Sudanese Trademarks Office resumed normal operations on February 11, 2024, following a 10-month closure. The office has started accepting new trademark applications, renewals, and post-registration recordals, issuance of the registration certificates for trademarks published in the gazettes Nos. 67 and 68. However, other procedures and services will be addressed once the trademark database is updated.
Libya:
Trademark prosecution in Libya has introduced specific procedural requirements. Powers of Attorney (POAs) are valid for one year from the date of signing. All foreign-legalized documents must be attested by the Ministry of Foreign Affairs. When filing new trademark applications, applicants must also submit an extract of their company’s entry in the commercial register, valid for one year from the legalization date. Trademark assignments and recordals necessitate the submission of original documents along with their Arabic translations.
Another decision No. (335) of 2024 has resulted in the cancellation of all published trademarks that were not renewed within the stipulated legal deadlines.
Yemen:
The Aden Trademark Office has recently implemented an increase in official fees for trademark services. While Yemeni-Sanaa Trademark Office has officially adopted the 12th Edition of the Nice Classification for the categorization of goods and services. Furthermore, The Ministry of Industry and Trade in Yemen-Sanaa has approved an increase in the allowable number of goods or services that can be covered by trademark applications. Applicants may include up to ten (10) items of goods/services in a single application instead of four (4), significantly simplifying the process and reducing associated costs.
Saudi Arabia:
The legislative framework governing industrial designs has undergone a significant amendment. The duration of protection afforded to registered industrial designs has been extended from a period of ten years to a period of fifteen years. This extension in the term of protection is anticipated to provide enhanced incentives for innovation and creativity within the industrial design sector.
Lebanon:
In contrary, the duration of trademark protection has been reduced in Lebanon. Previously, trademark registrations were valid for a period of 15 years. This period has been shortened to 10 years.
Bahrain:
The Kingdom of Bahrain has formally entered into a Patent Prosecution Highway (PPH) pilot program with the China National Intellectual Property Administration (CNIPA), a significant development in fostering innovation and expediting patent examination procedures.
Pursuant to the Memorandum of Understanding on the Patent Prosecution Highway Pilot Program executed between the China National Intellectual Property Administration (CNIPA) and the Ministry for Industry and Commerce of the Kingdom of Bahrain (MOIC), the China-Bahrain PPH pilot program commenced on May 1, 2024, and shall remain in effect for a period of five years, terminating on April 30, 2029.
Algeria:
The Algerian National Institute of Industrial Property (INAPI) has adjusted its official fees for Intellectual Property services to reflect the implementation of a 19% Value Added Tax (VAT). This adjustment stems from the Algerian government’s revised tax system. Consequently, a 19% VAT is now applicable to all INAPI official fees, including those associated with existing (pending) Intellectual Property cases that require further payments.
This summary provides a general overview of the significant circulars and updates issued in 2024. Should you have any questions, or require any additional information, please contact us at info@jahcoip.com