The 1999 Act will come into force on 22 July 2022.

Thus, from the 2022 date, Moroccan applicants can protect their industrial designs in all other 93 member states of the Hague System. And applicants from other countries can designate Morocco through the Geneva Act.

It is worth mentioning that the Hague System for the International Registration of Industrial Designs provides a practical business solution for registering up to 100 designs in 77 contracting parties covering 94 countries, through the filing of a single international application.

For more information, please contact morocco@qumsieh.com.

The session was opened by the Director of the Department of Industrial Property in Dubai, Mr. Khalfan Ahmad Alsweedi. The online system is still on trial for improvements and the Ministry is open to receive any comments made by users.

The online system was first launched on 23 June 2016, and the Ministry is planning to expand said system to allow payments of annuity fees for both patents and designs at the beginning of next year.

The main points of the new system are:

• The application effective date will be the date official fees are paid; the application will be canceled if the official fees are not paid within 30 days from the date of submission;
• It is possible to make amendments to the application before the payment of the official fees, after payment no changes are possible;
• All files can be submitted online, further submitting of any documents after submission of the application online have to be done physically;
• Filing numbers of new patent applications must conform to the following sequence P6000001/2016 and for industrial designs D6000001/2016;

If you have any questions, please contact uae@qumsieh.com.

1. Payment of the publication fees of AED400 if the applicant is natural persons within 60 days from the date of the circular letter otherwise, the application will be deemed abandoned;
2. Payment of the publication fees of AED800 if the applicant is legal entity within 60 days from the date of the circular letter otherwise, the application will be deemed abandoned, and
3. Three hardcopies of the description, drawings, and images of the accepted design in English and Arabic languages as well as 1 softcopy on CD-ROM within 60 days from the date of the circular letter; otherwise, the application will be deemed abandoned.

Superiority in publication will be given to applications claiming priority rights.

Should you need more clarification, please contact uae@qumsieh.com.

Our Djibouti office is now ready to handle your IP applications (Trademarks, Patents, Industrial Designs, and integrated Circuits).

Accordingly, the new law now extends IP protection to patents, industrial designs, and integrated circuits; this was not available before now; under the old procedure only trademarks could be protected by the interested parties who had to submit a petition before the court.

Essential features of the legislation are as follows below for each heading of IP:

1. Trademarks

1.1 Filing

Required documents:

• Simply signed power of attorney. The name and capacity of the signatory should be indicated.

Notes:

• The power of attorney should be filed with the application as late filing of documents is not allowed.

General information on filing:

• Djibouti follows Multi-Class filing system.
• Classification of goods / services: 10th Edition of Nice Classification.
• Registrable signs: word mark, figurative mark, denominative mark, combined mark, three-dimensional mark, sound mark, olfactory mark, collective mark.
• Time from filing to registration: 5 days.
• Claiming priority under Paris Convention: Yes.
• Protection (registration) duration: 10 years.
• Renewal application can be made within: 6 months before expiry.
• Filing International Registration under Madrid Agreement: No.
• Filing International Registration under Protocol to Madrid Agreement: No.
• Examination type: Substantive examination – it is done immediately upon receiving the application.
• Publication: Djibouti Office (ODPIC) publishes the trademarks in the weekly local newspaper “La Nation”.
• Opposition period: no opposition system.
• Cancellation action: Can be done before the Registrar within 6 months from the date of publication in the local newspaper (after registration) if cancellation initiated after this period, it has to be done before the court.

1.2 Renewal

Required documents:

• Simply signed power of attorney.

Notes:

• The power of attorney should be filed with the application as late filing of documents is not allowed.

General information on renewal:

• Renewal duration: 10 years.
• Grace period to renew after expiration: 6 months restoration with penalty charge.

1.3 Search

Required documents:

• No documents are required.

General information on search:

• Method of conducting the search: Computerized.
• Time required completing the search: Within 24 hours.

1.4 Assignment

Required documents:

• Simply signed power of attorney.
• Deed of assignment notarized.

Notes:

• All documents should be filed with the application as late filing of documents is not allowed.

1.5 Merger

Required documents:

• Simply signed power of attorney.
• Notarized deed of assignment.

Notes:

• All documents should be filed with the application as late filing of documents is not allowed.

General information on merger:

• Time period of the license: Defined by the contract agreement.

1.6 Recordal of Change

Required documents:

• Simply signed power of attorney.
• Certificate of change of applicant name / address notarized.

Notes:

• All documents should be filed with the application as late filing of documents is not allowed.

2. Patents

2.1 Filing

Required documents:

• Power of attorney simply signed stamped and sealed by the applicant and the name and capacity of the signatory should be indicated clearly on the PoA.
• Three copies of specifications, claims and drawings in translation to be provided within 3 months from filing date.
• Certified copy of the priority document in case priority is to be claimed (must be filed within 3 months – non extendable).

Novelty and Disclosure requirements:

• Absolute disclosure required. In case of disclosure in exhibitions or without approval and knowledge of the inventor, grace period of 12 months is given.

General information on filing:

• Protection duration: 20 years.

2.2 Annuities

Payment of annuities:

• 1st annuity (from 1st to 5th year).
• 2nd annuity (from 6th to 10th year).
• 3rd annuity (from 11th to 15th year).
• 4th annuity (from 16th to 20th year).

2.3 Assginment

Required documents:

• Power of attorney simply signed by the applicant stamped and sealed by the applicant, and the name and capacity of the signatory should be indicated clearly on the PoA.
• Certified copy of the deed contract along with certified translation into French.

2.4 Merger

Required documents:

• Power of attorney simply signed by the applicant stamped and sealed by the applicant, and the name and capacity of the signatory should be indicated clearly on the PoA.
• Certified copy of the deed of merger contract along with certified translation into French.

3. Industrial Designs

3.1 Filing

Required documents:

• Power of attorney simply signed stamped and sealed by the applicant and the name and capacity of the signatory should be indicated clearly on the PoA.
• Three sets of the representation of the design.
• Summary description of the design.
• Certified copy of the priority document in case priority is to be claimed (must be filed within 3 months – non extendable).

General information on filing:

• Protection duration: Industrial Designs and models are protected for five years. The term of five years may be extended for two further consecutive periods each of five years. As such, the total protection period is 15 years.

3.2 Renewal

General information on renewal:

• Renewal fees should be paid to maintain the industrial design in force before 6 months of expiration with a grace period of 6 months, but with payment of a fine.

4. Integrated Circuits

4.1 Filing

Required documents:

• Power of attorney simply signed stamped and sealed by the applicant and the name and capacity of the signatory should be indicated clearly on the PoA.
• Three copies of specifications, claims and drawings in translation can be provided within 3 months from filing date.
• Certified copy of the priority document in case priority is to be claimed (must be filed within 3 months – non extendable).

Novelty and Disclosure requirements:

• Absolute disclosure required.

General information on filing:

• Protection duration: 10 years from filing date.

For more information please contact djibouti@qumsieh.com.

Accordingly, the filing requirements for patents, trademarks and designs are as follows:

Filing applications:

• A simply signed power of attorney clearly indicating the name and capacity of the signatory along with the company stamp.
• Certified copy of priority document if claimed.

Recordal of change of name:

• A simply signed power of attorney clearly indicating the name and capacity of the signatory along with the company stamp.
• Certified copy of the commercial register or any equivalent document.

Change of address:

• A simply signed power of attorney clearly indicating the name and capacity of the signatory along with the company stamp.
• Certified document attesting the new address, notarized.

Assignment:

• A simply signed power of attorney clearly indicating the name and capacity of the signatory along with the company stamp.
• Legalized Deed of assignment.

In addition to the above requirements, a declaration verifying the accuracy of the Power of Attorney should be filed by the legal representative.

The Registrar’s decision became effective as from 13 September 2011.

Should you need more assistance, please contact gaza@qumsieh.com.

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.

If you have any question about Bahrain, please contact us at bahrain@qumsieh.com.

Design filing requirements:

1. Power of attorney legalized up to the Omani Consulate at the applicant’s end.
2. Description of designs showing the elements of novelty.
3. Five to ten samples of the design to be protected.
4. Certified copy of the Commercial Register or any equivalent document.

Novelty requirements: absolute.

Duration: the protection period is 10 years, due for renewal every five years from the filing date.

The new laws are expected to be enforced shortly after publication.

For further news please contact us at info@qumsieh.com.

Registration of Industrial Designs
Registration Duration: registration is valid for 5 years, and 2 further renewals for 5 years each are possible.

A grace period of 6 months for late renewal is allowed after payment of a penalty.

Requirements are:

1. Power of attorney legalized up to an Iranian Consulate abroad.
2. Drawing and description of the Design.
3. Certified copy of home/ foreign application if any.

Furthermore, official fees for patents and trademarks have increased by 30- 50%.