[Reader-list] IP Law News (3) - Bahrain

[jaideep kharub]

Dear Friends:
This is third part of my article. This part gives you information on industrial designs protection available in Bahrain. 

III. INDUSTRIAL DESIGNS 
1. LEGAL BASIS
2. MEMBERSHIP IN INTERNATIONAL CONVENTIONS
3. GENERAL 
4. FILING
5. EXAMINATION, PROTECTION DURATION
6. INFRINGEMENT PROCEEDINGS
1. LEGAL BASIS
- Patents, Designs and Trade Marks/Service Marks Regulations, 1955, effective June 15, 1955, and subsequent amendments. New legislation Industrial Drawings & Designs Law No. 6 of year 2006 (Published in Official Gazette No. 2737 dated May 3, 2006) has been enacted but not implemented as yet.
2. MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- WTO/TRIPS Agreement, since January 1995.
- WIPO Convention, since June, 1995.
- Paris Convention, since October, 1997.
3. GENERAL
Bahrain has been a member of the Paris Convention for the Protection of Industrial Property since 29 October 1997. However, claiming priority is not possible at the present moment and will not be possible until enforcement of the new law. Even the international specification of designs is not followed.
4. FILING
Any person who is the proprietor of a design (model) registered in any country except Israel or any person deriving his right from such registered proprietor by assignment or other mode of transfer, may apply.  Multiple application i.e. one application covering more than one variance of the design is not possible.  In such cases a separate application covering each variance of the design must be filed.
 
Filing Requirements
Applications in Bahrain are to be filed with complete documentation. In order to proceed with an industrial design application, the following documents are required:
 
I.    A power of attorney signed by an authorized signatory of the applicant. It is not necessary to have the document notarized or legalized.
 
II.    A certified copy of a corresponding registration in the home country or in any foreign country.
 
III.   Full particulars of the applicant.
                                                                                                      
IV.  Three representations of the design.
 
5. EXAMINATION, PROTECTION DURATION
Novelty of the design is not the requirement for registration of the design. However, 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. It can be either in the form of drawings or photographs and should show at least three views of the design.
As per Article 9 of the Law, a design may be denied to registration where the Registrar is of the opinion that if the registration were granted as applied for would:
(a) be injurious to public order, morality or the interests of the community as a whole;
(b) be contrary to law or public policy;
(c) be inconsistent with the provisions of this law;
(d) deceive the public;
(e) hurt or rouse religious susceptibilities of any part of the community. 
Design applications accepted by the Registrar are published in the Official Gazette. There is a 30-day period open for filing an opposition by any interested party. In the absence of an opposition, a published design is registered, and the certificate of registration is issued.
A design registration in Bahrain is valid for 5 years from the filing date renewable for two additional terms of 5 years each (15 years in total).
6. INFRINGEMENT PROCEEDINGS
 
Part V of the Law provides for the institution of legal proceedings and the remedies available to the registered owner on instance of infringement of his registered design. 
 
Article 45 says that any person, who without the consent of the registered owner makes, uses, puts into trade any articles of the registered design, deemed to be an infringer under the Law and shall be liable to the proceedings for infringement. Article 47 of the Law empowers the Court to grant / award such remedies and such other relief as it may deem fit. The Court is empowered to make such orders for an injunction or inspection of accounts and impose such terms and issue such directions as it may deem fit.
 
Hope this information may be useful to you. Should you require further information, feel free to contact me.

Best Regards

Jaideep Kharub
 
IP Officer - AGIP 
PO Box - 990, Manama, 
Kingdom of Bahrain.
Phone : 00973-39187539 (M)
E-mail: jaideepkharub at yahoo.com 
             jaideep.kharub at gmail.com
           
"If it is not right..do not do it;
 if it is not true..do not say it"


 
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