Forging Ahead: Intellectual Property Frameworks In Qatar And Bahrain Driving Innovation And Efficiency

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Osha Bergman Watanabe & Burton LLP

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OBWB is a full-service intellectual property law firm with a global reach. Our expertise in intellectual property law and IP-intensive industries coupled with our client-focused culture enables us to deliver a premium level of quality, value, and service. At our strategically located offices in the United States, France, Japan, China, and the UAE, we offer clients assistance with patents, copyrights, trademarks, trade secrets, and unfair competition. At OBWB we strategize, prepare and file, negotiate, license, enforce and defend, and facilitate monetizing intellectual property assets.
The promising advancements in the IP framework in Qatar and Bahrain aim at streamlining processes, reducing fees, and fostering international partnerships.
Worldwide Intellectual Property
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The promising advancements in the IP framework in Qatar and Bahrain aim at streamlining processes, reducing fees, and fostering international partnerships. Modernizing the current structure, changes are applied to the patent annuity payments, power of attorney requirements, fee structure in Qatar, and addition of the prosecution program in Bahrain.

1. Qatar Updates:

a. Annuity Payments for Patent Applications

The Intellectual Property Department of the Ministry of Commerce and Industry has issued a new directive (Circular No. 2/2024), which outlines that the applicants have the option to refrain from paying annual fees if three years pass without a decision being made by the patent office on their application. This exemption lasts until the office renders a decision to accept the application and grant the patent. Upon grant, all the overdue annual fees must be settled along with the grant fees, while the remaining subsequent annuities can be paid on their respective due dates until the end of the protection period.

b. New Power of Attorney [POA] Requirements

An official circular was issued by the Intellectual Property Department in Qatar on June 25, 2024, outlining updated requirements for POA for trademark prosecution. The updates are as follows:

  • Ministry of Foreign Affairs (MoFA) Certification: POAs legalized abroad by Qatari embassies now require local attestation by the Qatar Ministry of Foreign Affairs.
  • Sworn Translation: A sworn translation must be provided along with the POA from an accredited translation office.
  • Notarization and Time Limits: POAs are now valid for only three years. The POAs exceeding three years from issuance require validation by the Qatar Ministry of Justice.

c. Charging Individual Fees for Madrid Protocol Designations and Renewals

Qatar has notified the World Intellectual Property Organization (WIPO) of its preference for individual fees for Madrid Protocol designations and renewals. The specific fees are 1,127 Swiss francs per class of goods or services for designations (approximately $1,268 USD) and subsequent designations (approximately $1,230 USD), and 876 Swiss francs per class for renewals (approximately $958 USD). This change will take effect on August 3, 2024 after establishing these fees by the Director General of WIPO in accordance with Rule 35 (2)(b) of the Madrid Protocol.

d. Fee Reductions for Businesses

The Ministry of Commerce and Industry has implemented significant reductions in service fees for various services including those of designs and patents. This initiative, outlined in Ministerial Decision No. (60) for 2024, offers fee reductions of up to 90% on services related to business and intellectual property protection. The new fees will be implemented upon gazette publication, taking effect the following day.

2. Bahrain Updates

a. Patent Prosecution Highway Pilot Program with China

The Ministry of Industry and Commerce (MOIC) of Bahrain has officially joined the Patent Prosecution Highway (PPH) pilot program with the China National Intellectual Property Administration (CNIPA), effective May 1, 2024, and runs until April 30, 2029. Applicants who receive a positive ruling on patent claims from either MOIC or CNIPA can leverage the PPH program to expedite the examination of corresponding claims in the other office. By reducing duplication of efforts, the PPH aims to accelerate patent approvals and facilitate innovation.

Conclusion

Qatar and Bahrain are taking significant strides to strengthen their intellectual property (IP) frameworks. Qatar's reforms focus on simplifying the patent process, making fees clearer, reducing administrative hurdles, attracting investment and fostering entrepreneurial ventures. Meanwhile, Bahrain's partnership with China on the Patent Prosecution Highway (PPH) showcases its commitment to streamlining global patent applications. These advancements benefit not only domestic inventors and businesses but also reinforce both countries' positioning in the international IP landscape. With the continued development of these IP systems, more innovation and collaborative effort in this part of the world can be expected to boost economic development and technological advancements.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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