Newsletter - March 2004

Saudi Arabia joined Paris Convention Agreement and Berne Agreement

Saudi Arabia has joined the Paris Convention for Industrial Property as well as the Berne Agreement. Its accession came into effect as of 11 March, 2004.

 Effects on Trademarks

Saudi Arabia has entered a reservation with regard to item " Four "of Article (4), and item “ One “ of Article (7) of the Convention for not accepting the registration of goods and products falling under class 33.

 Effects on Patents

Disclosed patents filed between 7 February 2004 and 10 March 2004 will not be received. Moreover, Patent applications with claiming priority exceeding 12 months filed after the effective date of 11 March 2004, will be rejected.

Berne Agreement

Now copyright protection in Saudi Arabia is guided by Berne Agreement Principles, while it entered a reservation with regard to clause (1) of item “ First “ of Article (2) of Berne Agreement not to protect the Artistic works and Literary compilations  prohibited by Sharia “ Islamic law “.

United Arab Emirates (UAE) - Renewal of trademarks

The UAE Trade Mark Office ( TMO ) is in a process of launching a new software to handle all trademark renewals. It is expected that the said soft will be operational by the beginning of May 2004 in order to issue renewal certificates.

As you know, renewal of trademarks had started at the beginning of 2003, but no renewal certificate has been issued since then. This is to remind you that:

1. Renewal requirements are:

   • Photocopy of registration certificate.
   • Power of attorney legalized up to UAE Consulate if the application was filed by another associate.
      

2. Filing Requirements:

   • Power of Attorney duly legalized up to the UAE Consulate.

Iraqi Trademark Office (ITMO) is now fully operational

We are pleased to announce that the ITMO is now fully operational, i.e. they have started the examination, publishing and issuance of registration certificates. Accordingly, four Trademark Journals were issued on 2 March 2004, Volume Nos. 1, 2, 3 and 4.

Renewals

No grace period is given anymore for the renewal of trademarks, which means that renewal applications must be filed within six months or on expiration date, Failing to do so, the mark will be lapse and can be restored within one month after the date of renewal.

 Re-constitution of Trademarks Files

The re-constitution of trademark files procedure is still open, according to the current situation, the ITMO has no intention to limit a certain period of time for the trademarks’ proprietors to reconstitute their files.

Iran - Update

The Irani Trademark Office (ITMO) recently had refrained from accepting applications without submission of a power of attorney at the time of filing .

In case of claiming priority only , it is possible to file the power of attorney at a later time.