Abu-Ghazaleh Intellectual Property Bulletin, August 1997

AGIP London Seminar a Success

Abu-Ghazaleh Intellectual Property's (AGIP) celebration of its 25th Anniversary took place on July 14, 1997 in London, England. The event, hailed by many as a great success, comprised a seminar on "Intellectual Property Rights in the Arab Countries", lunch, and round table discussions on different Arab countries at the Savoy Hotel.

The Silver Jubilee day brought together professionals, lawyers, and those interested in the field of intellectual property from countries all-over the world. The participants showed great interest in the laws and implementation of intellectual property protection in the Arab World. Mr. Talal Abu-Ghazaleh, AGIP Chairman, assured the participants in his opening speech that the laws were in fact being duly enforced and implemented despite the fact that the Arab world is in a transition period.

H.E. Tariq Al-Moayed, the Bahraini Minister of Culture, keynote speaker at the seminar, congratulated AGIP and especially Mr. Talal Abu-Ghazaleh on the 25th anniversary. He praised the efforts that have been exerted in this field by Mr. Talal Abu-Ghazaleh. H.E. Al-Moayed has been a faithful supporter of intellectual property as he worked on the Bahraini Copyright Law. He emphasized that protection is not just based on creating the law, but mainly on implementation of the law.

The seminar continued with presentations on the protection of copyrights, patents, and trademarks in the Arab countries as well as others on the enforcement of intellectual property rights and litigating infringement of intellectual property rights in the Arab countries. Dr. Salah Al-Bashir, legal consultant, introduced to the participants the Arab Licensing and Technology Transfer Association (ALTTS) founded in Amman, Jordan in April, 1997 to be later admitted to the Licensing Executive Society International (LESI). Half way through the day, the participants enjoyed a special lunch of the cuisine of the Savoy Hotel and returned in the afternoon to the seminar hall to discuss specific intellectual property topics at the round tables. This session brought them to a personal contact with the speakers as well as representatives from 14 AGIP offices in various Arab countries.

The celebration was concluded in the evening with the beautiful notes of Vivaldi , Rachmaninov, and Beethoven at Queen Elizabeth Hall. All the guests of Abu-Ghazaleh Intellectual Property enjoyed the music of the great composers as portrayed by Conductor Ahmed El-Saedi with the performance of the Royal Philharmonic Orchestra, Guitar Soloist Maya Le Roux, and Pianist Ramzi Yassa.

SAUDI ARABIA: New Trademark Requirement

Patent attorneys have been notified by the Saudi Arabian Ministry of Commerce of the necessity to submit a duly notarized and legalized certificate indicating the legal status of the foreign entity applying for the registration of a trademark. Such a certificate must be fully translated by a sworn translator.

KUWAIT - THE KUWAITI GOVERNMENT IS NOW IN THE PROCESS OF PREPARING A DRAFT LAW FOR THE PROTECTION OF COPYRIGHTS

In this issue
l AGIP London Seminar -page 1
l Saudi Arabia: New TM Requirement -page 1
l Syria: Examination of Patent Applications -page 2
l U.S Expert's Visit to Jordan -page 2
l UAE: Considers Modifying the Patent and Industrial Property Protection Laws -page 3
l Bahrain: Considers Joining the Madrid Agreement -page 3

Legal Angle
l Setting-Up a Branch Office in Jordan-page 4
l Jordan: Amending the Trademarks Law -page 5
l Egypt: Microsoft to Sue Four Egyptian Companies -page 5

SYRIA: Examination of Patent Applications
The Ministry of Supply & Internal Trade Decision No. 113

The Minister of Supply and Internal Trade, based on Decree No. 153 dated June 29, 1992, Legislative Decree No. 47 of the year 1946 on Regulating Commercial and Industrial Property Protection, Legislative Decree No. 158 dated August 3, 1969, and the Statute for the Government Employees No. 1 for the year 1985, has decided as follows:

Article 1

A committee will be formed of the following:

1. Director of the Commercial and Industrial Property Protection.
2. Head of the Legal Department of the Property Protection Directorate.
3. Dr. Abdul-Rahman Ghaeeh, Deputy of the Head of the Syrian Inventors Committee.
4. Mr. Ibrahim Hawary, Secretary General of the Syrian Inventors Committee.
5. A professional member to be selected from among experts in the field.

Article 2

A. The Committee will examine patent applications as to form and substance as well as to specific industrial applicability as per the submitted documents regardless of whether or not the invention is novel world-wide being the responsibility of the applicant.

B. The Committee will adhere to the provisions of Article 3 and 6 of the Legislative Decree No. 47 for the Year 1946 regarding withholding letters-patent in the following cases:

1. If the invention relates to theoretical or pure scientific methods without a specific industrial application.
2. If the invention relates to financial studies or pharmaceutical preparations.
3. If it contravenes public order or morality.
4. If the title of the invention as filed designates something different from the invention itself.
5. If the description of the invention and calculations tables are insufficient to exploit the invention.

C. Patent applications filed by foreigners will receive the same treatment as those filed by nationals provided that the Boycott of Israel Office approves such applications.

Article 3

A. The Committee will examine the accumulated applications with the Directorate of Intellectual Property before September, 1997.

B. The Committee will decide on the applications which are received within three days as of their filing dates in such a way for the certificate to be granted within eight days of receiving the documents and settling the prescribed fee in accordance with the provisions of Article 14 of the Legislative Decree No. 47 for the Year 1946.

Article 4

If the patent application is complex or if there are differences among the committee members regarding the application, it will be passed on to the Ministry with an analyzed report of the examiner so that a decision may be taken in its regard.

Article 5

(This decision will be notified to all those concerned for implementation.

U.S Expert's Visit to JORDAN

Mr. Peter Fowller, the Judicial and Legal Consultant for International and Legislative Affairs of the US Patent and Trademark Office, visited Jordan at the end of June and held a series of meetings and delivered lectures on Intellectual Property laws and their enforcement.

A number of individuals from the public and private sectors attended the lectures and meetings which were sponsored by the American Center.

In the context of a private meeting which was attended by members of Abu-Ghazaleh Intellectual Property (AGIP), Mr. Fowller stressed the importance of starting to change the prevalent opinion on intellectual property.

This role, he said, should be shouldered by both lawyers and politicians after laying down the international basis and standards of protection which require training of all specialists in the intellectual property field and in the fields of customs, police and the judiciary.(r)

UAE Considers Modifying the Patent and Industrial Property Protection Laws

The Ministry of Finance and Industry of the United Arab Emirates is currently working on reviewing proposed amendments to the patent and industrial property protection laws of the country so as to comply with the WTO standards.

This move comes in the context of the grace period up to the year 2005 for developing countries to amend their laws to make them conform to the stipulations and provisions of the WTO. An official of the Intellectual Property Protection at the Ministry of Finance and Industry of the United Arab Emirates said that they knew that the patent and design laws have some weaknesses, but it will take time to make some minor amendments. He pointed out that the new draft law which is expected to be implemented by January 2000 will also provide protection for synthetic pharmaceutical product patents and not just the process for production as is the case at present.

Authorized sources in the United Arab Emirates confirmed that a copy of the draft law has been sent to the WIPO with a request for consultation on the stipulations that should be met. The sources said that officials from several foreign countries advised the government authorities of the United Arab Emirates that the present law is no longer suitable. This fact has been taken into consideration when drafting the new laws. Officials from the US, Switzerland, UK, and France have passed to the authorities of the United Arab Emirates' government official memorandums from their governments containing commentaries on the law.

A European Community official and officials from the United States of America complained against the United Arab Emirates on the grounds that the United Arab Emirates' government does not stop infringements upon patents relating to pharmaceutical products.

The complaint is against the Gulf Pharmaceutical Products (Gulphar) in Ras Al-Khaimah, which is the only factory for pharmaceuticals in the United Arab Emirates. International firms have also accused Gulphar of producing a number of patented pharmaceuticals without obtaining a prior permission to do so. Gulphar on its part confirmed that its production conforms to the patent of invention law applicable in the United Arab Emirates.

On the other hand, the law practitioners in the United Arab Emirates welcomed the announcement of the Ministry of Finance and Industry to study amending the patent and designs law and pointed out that this will encourage foreign and local companies to invest in the pharmaceuticals industry in the United Arab Emirates.

AGIP's Training Officer to Participate in the International Visitor Project

Mr. Naeif Hijazi, AGIP's training officer will participate in the International Visitor Project entitled "Intellectual Property Rights," held in the United States of America from July 7 to August 1, 1997. This program aims to provide an overview of intellectual property protection in the United States.

BAHRAIN Considers Joining the Madrid Agreement

Bahrain's Ministry of Trade, represented by the Administration of Agencies and Industrial Property, is considering the feasibility and possibility of joining the Madrid Agreement concerning the International Registration of Marks. In this context, the Ministry, represented by the Deputy Director of the Agencies and Industrial Property and the Head of the Industrial Property, has participated in the activities of the regional Seminar on trademarks, which was hosted in Casablanca, Morocco, during the period from 9-11 June, 1997 on an invitation by the WIPO.

The Seminar, which was organized by the WIPO and which was tailored for a number of the Arab countries with ambitious economic objectives, focused on the protection of well-know marks under the Trade Related Aspects of Intellectual Property Rights.

It also focused on the correct use of marks by the registrant, registered user or consumer, as well as the international registration of marks, focusing on the Madrid Agreement concerning the International Registration of Marks.

The Ministry is thoroughly studying joining the Madrid Agreement. Bahrain is a member of specialized organizations like the WTO, WIPO and the Paris Convention, to which an Emiri Decree has been issued lately.

Setting-Up a Branch Office in JORDAN

Bellow is a translation of selected important Articles of the Companies Law No. 22 of 1997 relating to branch offices operating in Jordan:

Article 240

For the purpose of this law, a foreign company operating in Jordan is defined as a company or entity registered outside the Kingdom, with headquarters located in another country, and is of a nationality other than Jordanian, divided according to the nature of its purpose:

A. Companies working for a specified period of time, whereby its registration terminates upon completion of the project unless the company is awarded a new contract. The registration of the company is to be considered terminated after accomplishment of its obligations and rights.

B. Companies working permanently by license from the competent authorities.

C. No foreign company or entity may operate in Jordan without being registered in accordance with the provisions of this law and after obtaining the necessary licenses in accordance with prevailing laws and regulations.

Article 241

A. An application for the registration of a foreign company or entity shall be submitted to the Controller of Companies accompanied by the following required documents and statements, translated into Arabic and notarized by a notary public in Jordan:

1. A copy of the Articles and Memorandum of Association of the company or any other document under which the company was formed and a statement outlining how it was established.
2. Official documents proving that the company obtained the necessary approval from the competent authorities in the Kingdom to operate and invest foreign capital in Jordan, in accordance with prevailing regulations.
3. A list of the names of the members of the company's board of directors or managers, as the case may be, the nationality of each member, and a list of those authorized to sign on behalf of the company.
4. A copy of the power of attorney in which the company authorizes a person residing in the Kingdom to oversee its operations in Jordan and who may receive notifications on its behalf.
5. Financial statements for the company headquarters' last fiscal year duly certified by a licensed auditor.

B. The application must be signed by the person authorized to register the company in the presence of the Controller of Companies or his representative, or a notary public. The application must be accompanied by the principal information concerning the company and in particular:

1. The company's name, type and capital.
2. Company's objectives in the Kingdom.
3. Detailed statements concerning the founders of the company, its partners or board of directors and each one's share in the Company.
4. All other statements and information the Controller of Companies may request.

Article 242

A. All foreign companies and entities registered in the Kingdom under the provisions of this law shall comply with the following:

1. To submit to the Controller of Companies, three months prior to the end of fiscal year, the company's balance sheet and annual report on its operations in the Kingdom, duly certified by a licensed auditor.
2. To publish its balance sheet and annual report on its operations in the Kingdom in at least two local newspapers and within 60 days of submitting the same to the Controller of Companies.
3. Based on the recommendation of the Controller, the Minister may exempt any company from the rules provided in sub-paragraphs 1 and 2.

B. The Controller, or his representative, shall inspect the company's books and documents and the company shall put those books and documents at his disposal.

JORDAN: Amending the Trademarks Law

The Ministry of Industry and Trade prepared a draft Law amending the Trademarks Law. The said draft is expected to be reviewed by the Council of Ministers soon within the set of the economic laws.

The Trademarks Law No. (33) for 1952 is defective in keeping pace with the economic developments which took place around the world.

As intellectual property has become an important issue, as well as one of the major requirements for joining World Trade Organization (WTO), this draft law is to make up for the defect in the Original Law.

In addition, the laws of industrial property are considered one of the basic supports of providing an incentive to foreign investors to invest, and for facilitating technology transfer, and for granting licenses to local investors in the Kingdom. The major aspects of this amendment can be summarized as follows:

1. As Jordan has become a center in the field of services, and as the services sector in Jordan has been advanced, service marks are to be included in the scope of protection.

2. Protection for both collective marks and famous marks has been provided for, as international agreements and present laws provide for their protection.

3. The issue of a trademark transfer with or without the goodwill of the enterprise has been amended according to the agreement of the parties concerned, and as provided for in most international legislation at the present time.

4. The period of trademark protection and renewal has been amended as in the Madrid Convention, and according to the provisions of most international conventions.

5. Due to the expansion in the scope of trademark registration, and to facilitate the process of controlling trademark renewals, an amendment was made requiring the trademark owner to follow up the renewal of his mark, and consequently discharging the Registrar from this task.

6. The non-use period of a trademark has been increased, as is the case in the international agreements and present laws.

7. An article has been added in relation to the invulnerability of a trademark used for five consecutive years, according to the present international conventions.

8. Penalties for infringements upon trademarks have been made more severe in order to deter counterfeiters of trademarks.

EGYPT: Microsoft to Sue Four Egyptian Companies

Microsoft Inc., together with a number of other international firms, has filed four lawsuits of direct "misdemeanour" against four companies in Cairo that copy and sell Microsoft's software in Egypt without prior permission. The legal consultant and the attorney of the Union of Computer Software Producers in Egypt, Mr. Mohammad Al Barry, said that the lawsuits will be tried in next August.

He pointed out that police campaigns during the period from November, 1995 to January, 1996 contributed to the control of piracy problems to a good extent.

However, piracy rates rose again noticeably to an extent that infringing firms publish ads in the newspapers for their clone programmes.

The penalties under the copyright law can be an imprisonment term of three years and a fine of Egyptian Pounds 10,000.00 for each copied programme. The conviction would be published in newspapers, the equipment used in the illegal act of copying would be seized, and the infringing firm would be closed down for a period of six months.

The same penalties would be applicable to the companies which use pirated computer programmes in the case of conviction.

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