Yemen – New Intellectual Property Law Updates

New Trademarks, Patents, and Industrial Designs law, Utility Models, as well as Integrated Circuits, Trade Secrets, and Geographical Indications law have been published in the Official Gazette No. 2/2011 in January 2011. The new Law has brought forward the following changes:

Trademarks:

• The opposition period has been reduced to 90 days instead of 6 months.
• The level of protection for well-known and famous trademarks is increased; those trademarks can be protected in other classes other than those they are registered in.
• Priority can be claimed within 12 months from the date of last action. Before it was 6 months.
• Grace period of late renewal extended to 12 months instead of 3 months.
• Remedies in case of court decision: two years imprisonment and/or YER 1,000,000 (US$4600) instead of 2 – 3 months imprisonment and/or YER 10,000 (US$460).

Patents:

• Protection period increased to 20 years instead of 15 years.
• Maintenance fees are paid annually before grant as it was accepted earlier after allowance.
• Claiming priority is now accepted within 12 months from the date of the international application.
• In case of infringement, remedies of YER 1,000,000 (US$4600) to be paid instead YER 10,000 (US$460).

Industrial Designs:

• Now design applications are subject to publication and open for an opposition period within 90 days by interested third-party. Earlier it was granted after completing the formal requirements without advertisement and could only be contested through the court.
• Novelty requirements are absolute.
• Duration of design is 10 years from filing date with no annuities to be paid, instead of 5 years renewable for same period one time.
• Penalties in case of infringement were increased 1,000,000 YER (US$4600) instead 10,000 YER (US$460).

Utility Models:
Utility Models are protected for 7 years from the filing date and are non-renewable.

Integrated Circuits:
Integrated Circuits are now considered and protected for 10 years from date of filing.

Trade Secrets:
According to the new law, trade secrets are now protected. The protection extends to the undisclosed information which was part of a special effort to produce new chemical products to be used for medical and agricultural products.