Tuesday 25 August 2015
Iraq - a tale of two trade mark offices
News from good friends Saba & Co on their website that a trade mark registration issued by the Trade Mark Office in Baghdad can no longer be validated at the Trade Mark Office in Erbil. A separate application must now be filed at the Trade Mark Office in Erbil.
The update from Saba (here) reads:
"It is no longer possible for owners to validate registered trademarks at the Trademark Office in Baghdad up to the TMO in Erbil. Owner can now only file a separate application in the Kurdish region for additional local protection.
By way of background, there are two TMOs operating in Iraq: one in Baghdad and another in Erbil. In principle, the scope of the registration at the TMO in Baghdad still covers the whole country, including the Kurdish region. However, trademark owners may seek additional protection by filing applications at the TMO in Erbil. Protection in the Kurdish region is advisable in certain situations especially in an infringement claim. Trademark owners should of course seek sound advice before they decide on the best route to pursue.
Should you have any questions, or require any additional information, please contact us at info@sabaip.com"
"It is no longer possible for owners to validate registered trademarks at the Trademark Office in Baghdad up to the TMO in Erbil. Owner can now only file a separate application in the Kurdish region for additional local protection.
By way of background, there are two TMOs operating in Iraq: one in Baghdad and another in Erbil. In principle, the scope of the registration at the TMO in Baghdad still covers the whole country, including the Kurdish region. However, trademark owners may seek additional protection by filing applications at the TMO in Erbil. Protection in the Kurdish region is advisable in certain situations especially in an infringement claim. Trademark owners should of course seek sound advice before they decide on the best route to pursue.
Should you have any questions, or require any additional information, please contact us at info@sabaip.com"
Egypt - Patent Prosecution Highway pilot program with Japan
News from good friends Saba & Co in the their July 2015 newsletter (here) that the Egyptian Patent Office and the Japanese Patent Office began a two-year Patent Prosecution Highway program on 1 June 2015. The Patent Prosecution Highway allows an application that has been determined to be patentable in the Japanese Patent Office to undergo an accelerated examination in the Egyptian Patent Office with a simple procedure upon the applicant’s request.
There is more detail on the Saba website.
There is more detail on the Saba website.
Thursday 20 August 2015
Oman - plant varieties
A useful, brief, summary from good friends Saba & Co in their June 2015 newsletter (here) on the publication of the implementing regulations of Royal Decree No. 49 of 2009 promulgating the Law on the Protection of Breeders’ Rights in New Varieties of Plants.
They report that:
They then include a useful summary table setting some information about Cyprus, Egypt, India, Iran, Jordan, Morocco, Saudi Arabia, Tunisia, Turkey and the UAE.
They report that:
- applications may now be filed with the General Directorate for Plant and Animal Research at the Ministry of Agriculture and Fisheries.
- filing requirements stipulate that applications must include a title and a full description, along with seeds and any other information or samples that may be requested by the authorities concerned. The protection term is 25 years for trees and grapevines, and 20 years for other plant varieties.
- renewal fees will have to be paid annually from the filing date.
They then include a useful summary table setting some information about Cyprus, Egypt, India, Iran, Jordan, Morocco, Saudi Arabia, Tunisia, Turkey and the UAE.
Jordan - new drug and pharmacy law
A useful, brief, summary from good friends Saba & Co in their June 2015 newsletter (here) on the amendments to the Drug and Pharmacy Law No. 24 of 2015 that came into effect on May 18, 2015.
They report that the main amendments include sanctions imposed on the counterfeiting of medicine:
They report that the main amendments include sanctions imposed on the counterfeiting of medicine:
- the new law allows both imprisonment and a fine, whereas the old law imposed either imprisonment or a fine
- the fine for counterfeiting is now ten times the value of the fake products produced, whereas the old law only imposed a fine of twice the value
- the Food and Drug Administration is authorised to close down any shop, store, gym, or beauty centre that sells or trades in counterfeit or banned medicines or supplements.
Iran & Syria - what is allowed by US sanctions?
A useful, brief, summary from good friends Saba & Co in their June 2015 newsletter (here) on what transactions are authorised under US sanctions to Iran and Syria.
Yemen - a new weekend…..
News by email back in July 2015 from good friends SMAS that "the Yemeni government has recently issued a decree that confirms changing Yemen’s weekend from a Friday-Saturday to a Thursday-Friday schedule, giving Thursday as a weekend instead of Saturday. This decision came into effect on the 18th of June, 2015, and have been incorporated in all public sectors and should be implemented nationwide within the month.
For more information, please contact our Yemen office on Yemen@smas-ip.com"
This part of the Empty Quarter had thought that all countries in the region were now aligned on a Friday/Saturday weekend and well remembers the difficulties of managing work across a region where the weekend was not always the same, let alone always Friday/Saturday and hopes that, in due course, the weekend in Yemen might return to Friday/Saturday, although, of course, the choice is that of the Yemeni government.
For more information, please contact our Yemen office on Yemen@smas-ip.com"
This part of the Empty Quarter had thought that all countries in the region were now aligned on a Friday/Saturday weekend and well remembers the difficulties of managing work across a region where the weekend was not always the same, let alone always Friday/Saturday and hopes that, in due course, the weekend in Yemen might return to Friday/Saturday, although, of course, the choice is that of the Yemeni government.
GCC - Free Trade Agreement with EFTA
There is an interesting piece in the July 2015 newsletter of good friends Curtis, Mallet-Prevost, Colt & Mosle LLP on the implementation of the Free Trade Agreement between the European Free Trade Association and the GCC countries.
In brief the implementation of the Free Trade Agreement between the European Free Trade Association and the Gulf Cooperation Council will result in greater movement of trade in goods, services and government procurement contracts, where member states shall receive ‘most favoured nation treatment.’ The full length article which sets out more information is on their website here.
In brief the implementation of the Free Trade Agreement between the European Free Trade Association and the Gulf Cooperation Council will result in greater movement of trade in goods, services and government procurement contracts, where member states shall receive ‘most favoured nation treatment.’ The full length article which sets out more information is on their website here.
Oman - Conducting Promotional Offers
There is an interesting piece in the July 2015 newsletter of good friends Curtis, Mallet-Prevost, Colt & Mosle LLP on Conducting Promotional Offers in Oman.
In brief a commercial establishment is not to conduct or advertise any promotional offer until it has obtained a licence from the Ministry of Commerce and Industry. If a promotion is to take the form of a raffle which produces a prize winner, the licensee must inform the MOCI. The full length article which sets out more information including the penalties for violations is on their website here.
In brief a commercial establishment is not to conduct or advertise any promotional offer until it has obtained a licence from the Ministry of Commerce and Industry. If a promotion is to take the form of a raffle which produces a prize winner, the licensee must inform the MOCI. The full length article which sets out more information including the penalties for violations is on their website here.
Iraq - progress of trade mark applications
News from good friends SMAS of progress in examining trade mark applications in Iraq.
In September 2013 the Trade Mark Office was examining applications in the 52,000 range. In June 2014 the Trade Mark was examining applications in the 54,000 range. The Trade Mark Office is now examining applications in the 56,000 range.
Earlier posts on the progress of examination are here, here, here, and here.
Adjust your reminders accordingly, progress continues to be slow.
In September 2013 the Trade Mark Office was examining applications in the 52,000 range. In June 2014 the Trade Mark was examining applications in the 54,000 range. The Trade Mark Office is now examining applications in the 56,000 range.
Earlier posts on the progress of examination are here, here, here, and here.
Adjust your reminders accordingly, progress continues to be slow.
Wednesday 19 August 2015
Qatar - Beijing Treaty on Audiovisual Performances
News from WIPO (in July) that Qatar has acceded to the Beijing Treaty on Audiovisual Performances. The notification (here) states:
Ratification by the State of Qatar
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the State of Qatar, on July 3, 2015, of its instrument of ratification of the Beijing Treaty on Audiovisual Performances, adopted at Beijing on June 24, 2012.
The date of entry into force of the said Treaty will be notified when the required number of ratifications or accessions is reached in accordance with Article 26 of the said Treaty.
July 3, 2015
Ratification by the State of Qatar
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the State of Qatar, on July 3, 2015, of its instrument of ratification of the Beijing Treaty on Audiovisual Performances, adopted at Beijing on June 24, 2012.
The date of entry into force of the said Treaty will be notified when the required number of ratifications or accessions is reached in accordance with Article 26 of the said Treaty.
July 3, 2015
Tunisia - New Amounts, in Swiss francs, of the Individual Fee under the Madrid Agreement and Protocol
News from WIPO that the individual fee for Tunisia has changed:
New Amounts, in Swiss francs, of the Individual Fee in Respect of Several Contracting Parties
In accordance with Rule 35(2)(d) of the Common Regulations under the Madrid Agreement and Protocol, the Director General of the World Intellectual Property Organization (WIPO) shall establish new amounts, in Swiss francs, of an individual fee where, for more than three consecutive months, the official exchange rate of the United Nations between the Swiss franc and the currency used to express the amounts of that individual fee is lower than the last exchange rate applied by at least 10%.
As those conditions have been met, the Director General of WIPO has established new amounts, in Swiss francs, of the individual fee payable in respect of the following Contracting Parties:
Mexico, Tajikistan, Tunisia and Turkmenistan.
The new amounts will be applicable as from September 13, 2015.
For further information, please refer to Information Notices Nos. 31/2015 to 34/2015
New Amounts, in Swiss francs, of the Individual Fee in Respect of Several Contracting Parties
In accordance with Rule 35(2)(d) of the Common Regulations under the Madrid Agreement and Protocol, the Director General of the World Intellectual Property Organization (WIPO) shall establish new amounts, in Swiss francs, of an individual fee where, for more than three consecutive months, the official exchange rate of the United Nations between the Swiss franc and the currency used to express the amounts of that individual fee is lower than the last exchange rate applied by at least 10%.
As those conditions have been met, the Director General of WIPO has established new amounts, in Swiss francs, of the individual fee payable in respect of the following Contracting Parties:
Mexico, Tajikistan, Tunisia and Turkmenistan.
The new amounts will be applicable as from September 13, 2015.
For further information, please refer to Information Notices Nos. 31/2015 to 34/2015
Algeria joins the Madrid Protocol
News from WIPO of the accession by the People's Democratic Republic of Algeria to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
The first notice, dated 31 July 2015, is here.
A WIPO newsletter dated 11 August 2015 stated that:
Algeria Joins the Madrid Protocol
Algeria has acceded to the Madrid Protocol for the International Registration of Marks, transforming the Madrid System into a one treaty system.
On July 31, 2015, the Government of the People’s Democratic Republic of Algeria deposited with the Director General of WIPO its instrument of accession to the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Protocol will enter into force with respect to Algeria on October 31, 2015.
Signatory to the Madrid Agreement since July 5, 1972, the country was the last of the 95 members of the Madrid System which was not party the Protocol.
This represents a milestone for the Madrid System and its users. From now on, all international registrations of marks will be exclusively governed by the Madrid Protocol. As a result, the filing and management of international registrations will be simplified for users.
Brand owners in Algeria will also benefit from this accession, gaining full access to the territories covered by the Madrid Protocol for international trademark protection.
An information notice concerning this accession will be available shortly on the WIPO web site.
And then the full information notice No. 35/20158 dated 19 August 2015 is here.
This part of the Empty Quarter is delighted that Algeria has brought the countries in the Protocol and the Agreement in line.
The first notice, dated 31 July 2015, is here.
A WIPO newsletter dated 11 August 2015 stated that:
Algeria Joins the Madrid Protocol
Algeria has acceded to the Madrid Protocol for the International Registration of Marks, transforming the Madrid System into a one treaty system.
On July 31, 2015, the Government of the People’s Democratic Republic of Algeria deposited with the Director General of WIPO its instrument of accession to the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Protocol will enter into force with respect to Algeria on October 31, 2015.
Signatory to the Madrid Agreement since July 5, 1972, the country was the last of the 95 members of the Madrid System which was not party the Protocol.
This represents a milestone for the Madrid System and its users. From now on, all international registrations of marks will be exclusively governed by the Madrid Protocol. As a result, the filing and management of international registrations will be simplified for users.
Brand owners in Algeria will also benefit from this accession, gaining full access to the territories covered by the Madrid Protocol for international trademark protection.
An information notice concerning this accession will be available shortly on the WIPO web site.
And then the full information notice No. 35/20158 dated 19 August 2015 is here.
This part of the Empty Quarter is delighted that Algeria has brought the countries in the Protocol and the Agreement in line.
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