Affiliations Bodies: World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).
Conventions: Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances & Phonograms Treaty, Madrid Protocol, Patent Cooperation Treaty, Nice Agreement, GCC Patent Law.
A Power of Attorney legalized up to the Bahraini Consulate
Three copies of the work
A legalized copy of the deed of assignment, if the applicant is not the author
Bahrain is a member of the Berne Convention for the Protection of Literary and Artistic Works.. Law No. 22 of 2006 related to Copyright and Neighbouring Rights was issued on June 25, 2006, to govern the protection of copyright and related rights in the Kingdom of Bahrain.
The Law though annulled Copyright Law No 10 of 1993, is yet to be enacted as the implementing orders of the same have not been issued.
Registration is affected at the Copyright Office, Directorate of Publications, administered by the Ministry of Cabinet Affairs and Information. Registration is not obligatory; however, registration shall be looked upon as a reliable reference to copyright information. The copyright law provides protection, among other things, for original intellectual works in arts; literature and science whatsoever their value, the underlying purposes behind their creation or the manner of expression, insofar, as the prescribed provisions called for under the law have been observed. The protection embraces a wide spectrum including, inter alia, written literal works, computer software and translations of original works.
Duration, in general, is the author’s life plus 70 years following the author’s date of death. However, if the copyrighted substance is owned by a legal entity rather than a natural person, the fifty years protection shall begin on the date the material was first published. The author may assign the rights granted to him subject to the prescribed terms and conditions.
Such works include books, pamphlets, and other writings, lectures, sermons, dramatic works, musical works, musical compositions, cinematographic works, works of drawing, painting, architecture, sculpture, engraving, photographic works, works of applied art, illustrations, maps, plans, sketches, and three-dimensional works as well as computer programs and folklore expressions. The law also provides protection for neighboring rights including rights of performers, producers of sound recordings and broadcasting organizations.
The law provides for permitted use in a clearly defined situations such as using the work of art for the user’s private or personal purposes, utilizing the works for illustration or explication purposes including quoting paragraphs from the work, and reproduction of the work for academic purposes by public libraries, universities, and other educational institutions, and non-commercial documentation centers, and cultural and scientific institutions, provided however that the copies reproduced shall not exceed reasonable needs. The Ministry of Cabinet Affairs and Information has the right to publish the copyrighted work, if the author or his heirs failed to publish the copyrighted work within one year after being notified thereof, however, fair compensation shall be paid to the author or his heirs.
An original signed Power of Attorney, notarized and legalized up to the Bahrain Consulate The name, address, nationality and occupation or nature of business of the applicant A certified copy of the home registration or registration from any foreign country
An original signed Power of Attorney, notarized and legalized up to the Bahrain Consulate A duly legalized deed of assignment signed by the assignor and the assignee
Change of Name/Address Applications:
An original signed Power of Attorney, notarized and legalized up to the Bahrain Consulate A letter from the owners addressed to the Registrar in Bahrain stating their request to effect the change of name or address
Registered User Applications:
An original signed Power of Attorney, notarized and legalized up to the Bahrain Consulate A simply signed Power of Attorney by the original owners of the trademark stamped with the company’s seal A license agreement or a registered user agreement duly legalized.
Design registration is valid for 10 years from the date of filing, renewable for an additional term of 5 years (15 years in total) in Bahrain. Issuance of the registration certificate in Bahrain stipulates the existence of a home registration or any other foreign registration of the design. The specifications shall be exactly as shown in the basic registration; they can be either in the form of drawings or photographs and should show at least 3 views of the design. The International Classification for Industrial Designs under the Locarno Agreement is not followed in Bahrain and no novelty requirements are required. Design applications accepted by the Registrar are published in the Official Gazette. There is a 30-day opposition period during which any interested party could oppose the application.
An original signed Power of Attorney, notarized and legalized up to the Bahrain Consulate An extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company, duly legalized One copy of the English specification and claims together with its Arabic translation One set of the drawings relating to the invention if any An abstract of the invention of no more than 200 words, together with the best explanatory diagram A deed of assignment signed by the inventor and the applicant and duly legalized up to the Bahrain consulate, if the applicant is not the inventor A certified copy of the application giving the filing date, number, and country if the application is to be filed with a priority claim.
An original signed Power of Attorney, notarized and legalized up to the Bahrain Consulate A deed of assignment executed by both parties and duly legalized up to the Bahrain consulate.
Change of Name/Address Applications:
An original signed Power of Attorney, notarized and legalized up to the Bahrain Consulate A certificate proving the change of name or address issued by a competent authority in the applicant’s domicile.
Registered User/License Agreement Applications:
An original signed Power of Attorney, notarized and legalized up to the Bahrain Consulate License agreement executed by both parties and duly legalized up to the Bahrain consulate.
The Patents and Utility Models law No 1 of 2004 of Bahrain, was promulgated on January 29, 2004. On May 8, 2006, the implementing regulations were issued through the Ministerial Resolution No 54/2006. The Patent Office started accepting patent applications as of May 11, 2006. On May 28, 2006, Law No 14/2006 amending some articles of Law No 1/2004 concerning Patents and Utility Models was issued in order to comply with the provisions of the Patent Law Treaty and Patent Cooperation Treaty which entered into force in the Kingdom on April 28, 2005. This law became effective as of June 01, 2006. As for Patents and Utility Models granted since the year 1986 (that is, before the promulgation of Law No 1 of 2004), they will be treated as if granted under the new law and will, therefore, be governed by its provisions. As such, the remaining protection term of the said patents will be calculated based on the 20 year protection period as defined by the law. Furthermore, the annuities of the said patents will apply on the remaining protection period and are payable starting from May 8, 2006, the date of issuance of the regulations implementing Law No. 1/2004. A patent or utility model application should be filed in Bahrain within 6 months from the filing date of the priority document, in order to claim priority. Amendment of specifications is possible before the grant of the subject patent/utility model. However, the proposed amendments should in no way exceed the disclosures in the original application. Absolute novelty is required with regard to the inventions. However, disclosure of the invention in an official or officially recognized national/international exhibition and/or disclosure of the invention without the knowledge or consent of the inventor shall not be taken into consideration if occurred within the 12-months preceding the filing date of the patent application.
An examination based on form, novelty and industrial applicability then follows in order to verify the existence of any similar specification deposited or registered previously with the Patent office. The Patent Office might even request for necessary amendments so that the application remains in conformity with the Law. Any failure on the applicant’s part in complying with the officials’ requirements will result in the rejection of the application.
If the application is rejected, the applicant reserves the right to appeal against the conditions and requirements of the Patent Office within 30 days from the date of the Registrar’s decision. Once accepted, the applications are published in the Official Gazette and are thus left open for public scrutiny. Any interested person/entity can oppose the grant of a utility model/patent within 60 days from the date of publication. Meanwhile, if there are no oppositions against the grant, the letters patent/utility certificate is granted after the required fees are paid by the applicant.
As per the existing law, a patent application is valid for 20 years while a utility model is valid for 10 years from the date of filing the application or from the priority date, in case the priority is claimed. The annuity or the maintenance fee is due after the grant, from the date of filing in Bahrain or the convention filing date in the case of priority applications. A grace period of 6 months, from the due date, is granted to the owners of the registered patents/utility models to pay the due fees but with the due penalty.
The assignment of patent/utility models could be effectuated through the succession or license. The assignment of granted patents/utility models must be made in writing. An assignment will not be held valid against any third party violations unless it is entered in the records of the Patent Office and published in the Official Gazette.
A patent has to be worked. If the patent is not being fully exploited by the patentee within 3 years from the date of grant or within 4 years, as of the date of application, whichever is longer, then the patent will be subject to compulsory licensing under the provisions of the law. The rights conferred by a patent/utility model on the registered patentee/owner of the utility model expire on the lapse of the protection period as prescribed by the law, lawful assignment of the patent/utility model rights, final court decision to this effect, or nonpayment of annuity fees within 6 months after the respective due date. Bahrain is a party to the Gulf Cooperation Council (GCC) Patent Office. It is a regional office for the GCC, which comprises the United Arab Emirates, Kingdom of Bahrain, Kingdom of Saudi Arabia, Sultanate of Oman, State of Qatar and State of Kuwait. Certificates of patents granted by the Office secure legal protection of the inventor’s rights in all member states.
Requirements for Registration of a Trademark:
Power of attorney, legalized. A general power of attorney may be used for subsequent filings Copy of certificate of home or any foreign application or registration, legalized; or certificate of incorporation, legalized; or certificate from the chamber of commerce indicating the nature of the business, legalized Copy of priority document, if priority is claimed, certified.
Renewal of Trademark / Service Mark Registrations: A simply signed power of attorney, stamped with the company’s seal The number and date of registered trademark/service mark
A power of attorney by the assignee, duly legalized from the Bahrain consulate A duly legalized deed of assignment signed by the assignor and the assignee
Registered User Applications:
A power of attorney by the registered user duly legalized from the Bahrain consulate Power of attorney by the original owners of the trademark, duly legalized from the Bahrain consulate A license agreement or a registered user agreement duly legalized
A power of attorney legalized up to the Bahraini Consulate An Agency Agreement executed by the Principal and the Agent legalized up to the Bahraini Consulate.
The Kingdom of Bahrain is a member of the Paris Convention for the Protection of Industrial Property. Starting June 2007, claiming priority has become possible. The Ninth (9) Edition International Classification of Goods and Services for the purposes of the Registration of Marks under the Nice Agreement is followed in Bahrain and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of July 1, 2005. Qatar does not follow the multi-class filing system and hence each trademark must be filed in each class separately. The prints of a trademark originally in colors can be submitted in black and white, but the colors should be depicted by means of hatching as prepared according to the Heraldic Code.
Once the trademark is filed, an application number is allotted immediately. The trademark then goes through the examination period during which the viability of the mark is examined in substance and form. If accepted, the mark is published in the monthly Official Gazette of trademarks. Once published, the mark is open for the scrutiny and opposition of any interested party, within 60 days from the date of publication.
Any opposition against the published trademark should be prosecuted before the registrar either by the authorized agent or the owner themselves within the set time-frame. Extension of time for the opposition is not possible. However, the extension of time for counter-oppositions or for responding to office actions is possible. An opposition must be settled by the Registrar. In the event of no oppositions, the trademark matures for registration and a registration certificate is then issued in the course of time. It is noteworthy that trademark rights are being provided by the registration. However, a trademark application can be opposed successfully after producing sufficient proof of the prior use of the mark, in Bahrain and elsewhere in the world.
Trademark registration is valid for 10 years from the date of filing the application. Thereafter, a trademark registration can be renewed for periods of 10 years each. The Trademark Law provides for a three-month grace period for late renewal of a trademark but with a penalty. If a trademark is not renewed, the law does not allow third-parties to register the trademark unless after the lapse of three years from the date of expiry of registration. The assignment and the registered user of a trademark can be recorded once the trademark is registered, but an authorized user can be recorded along with the application for registration at once. Such a record is published in the Official Gazette. All other changes can be recorded after the registration of the trademark.
The assignment of a trademark can be accepted only with the goodwill and the business’s concern together; however, an assignment must be recorded as provided for under the law. The use of trademarks in Bahrain is not compulsory. A trademark may be canceled if an interested third party established cogent grounds showing non-use for a period of five consecutive years as from the date of registration. Infringements proceedings may be raised to the competent court as the situation dictates. Infringement actions of a criminal nature shall be presided over by a criminal court where confiscation and destruction of the infringed goods are required. On the other hand, civil actions are raised before a civil court where a claim for compensation for losses and damages is required.
Unauthorized use of a trademark registered under the law, a replication of such a trademark applied on goods and/or used in respect of services of the same class, sale, storing for the purpose of sale, exhibiting for sale of goods bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods and/or services of the same class is considered offensive and such a person/entity invites penalization as per the Bahrain Law.
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