We wish to kindly keep you abreast of the happenings in the various jurisdictions under our purview:
Qatar: Patent Annuities Payment
The Intellectual Property Rights Protection Department at the Ministry of Commerce and Industry of the State of Qatar has announced that all outstanding annuities for patent applications, including those that are still pending, are now payable. This revision supersedes the previous policy outlined in Circular No. 2/2024, which mandated the deferral of annuity fees beyond the third year for pending applications for which no decision has been made. Therefore, it is now optional to either pay annuity fees in their due time or defer the payment until a decision has been made about the patent application. Meanwhile, no refunds will be provided for any incorrect or duplicate annuity payments made.
Saudi Arabia: New Trade Name Regulations Unveiled
The Saudi Cabinet has promulgated a comprehensive set of new directives regulating the registration and management of trade names. Intended to enhance transparency and reliability within the business environment, these new rules, published in Official Gazette No. 5050 on October 4, 2024, will become effective 180 days after their publication. The directives introduce substantial revisions to the existing commercial registry and trade name framework.
Pursuant to the revised regulations, all businesses are now required to adopt a unique trade name and register it with the Commercial Registry. The system has been improved to accommodate both temporary reservations and full registration of trade names, providing business owners with greater flexibility during the initial stages of establishment.
The Core Provisions from the new directives:
- Obligatory Registration of Trade Names: merchants are obligated to register their trade names with the Commercial Registry pursuant to applicable laws. Failure to comply with this requirement may result in penalties as specified by relevant regulations.
- Transparency: registered trade names shall be conspicuously displayed at the business premises and on all official documentation associated therewith. The system shall provide for public access to essential trade name information, thereby promoting transparency within the business community.
- Better Name Protection: registered trade names enjoy legal protection against unauthorized use. Businesses can now seek redress if their registered names are infringed upon by others.
Legal Obligations and Penalties for Noncompliance:
Businesses must adhere to these new regulations by registering their trade names. Failure to do so may result in fines of up to SAR 50,000. The system also includes provisions for correcting registration errors and resolving disputes related to trade name usage.
This legislative update underscores the government’s commitment to streamlining business practices, fostering trust in the marketplace, and safeguarding intellectual property rights throughout the Kingdom.
Yemen- Sanaa: Adoption of the 12th Edition of the Nice Classification
As of October 10, 2024, the Yemeni-Sanaa Trademark Office has officially transitioned to the 12th Edition of the Nice Classification. This significant update harmonizes Yemen classification of goods and services with global standards, fostering greater consistency and efficiency in trademark protection.
Two important points to be considered:
- The Yemen-Sanaa TMO adheres to a single-class application system whereby each application must cover only 4 items of goods or services.
- Under the newly adopted classification, the registration of trademarks for alcoholic beverages (Class 33), certain alcoholic goods (Class 32), and pork meat (Class 29) is not permitted.
It is also important to note that the publication of all accepted TMs has become electronic through TMO system instead of the official gazette “Al-Tijarah” which can be currently accessed by the registered agents at the TMO office only. This transition also extends to other relevant services such as recordals, oppositions and counterstatment, which are now required to be filed electronically rather than in paper form.
Lebanon: Notice of Extension of Deadlines
Due to the ongoing challenges faced by the Lebanese Intellectual Property Office (LIPO) arising from the current circumstances in Lebanon, including staff shortages and technical difficulties with the online portal, the LIPO announced verbally the extension of all deadlines that were originally due to expire during the closure period. This extension will remain in effect until further notice. All deadlines will be maintained during this period. While a formal written announcement is forthcoming, this extension has been confirmed verbally by the Head of the LIPO.
Jah Intellectual Property is closely monitoring the ongoing developments and will provide updates as needed, while we are exerting strenuous efforts to accomplish as much cases as we can amongst the current situation.
Oman: Submission of Power of Attorneys
The Ministry of Commerce, Industry, and Investment Promotion in Oman issued an official letter on September 24, 2024, addressed to all trademark agents. In this letter, the head of the intellectual property office reminds the agents of the requirement to submit the original legal power of attorney, when filing applications for opposition cases, appeals cases, recordal of change of name, address, assignment, and license, recordal of change of agent of service, amendment of applicant’s particulars, patents, and industrial designs. This submission is necessary to ensure the timely processing of these applications and to comply with the provisions of Articles No. 4, 24, and 31 of the Executive Regulations of the Unified GCC Trademark Law, issued by Royal Decree No. (33/2017).
Should you have any questions, or require any additional information, please contact us at info@jahcoip.com