Category: News

Ratification

During the process of establishing a consolidated Intellectual Property (IP) Policy, Sri Lanka has managed to improve its own Intellectual Property ecosystem, working on many advancements in this matter. The objective is to improve the enforcement of existing IP rights, along with promoting innovation and economic growth.

Considered as an emerging country that detains a growing role in technology and economic markets on a regional and international level, the Sri Lankan government endeavors to promote Sri Lanka as a commercial hub in Asia. 

In this context, trademarks can play a deciding role, knowing that Sri Lanka is interested in the promotion of a trademark environment for both the internal and external market.

Sri Lanka has committed to join the Madrid Protocol, aiming to develop and enhance the profit of International Business and Exportation activities. Hence, this implicates protecting the branding of each element of the commercial activity through registering trademarks to benefit from protection against any violation of the trademark.

To increase financial gain through export activities and international trading, exporters will have to register their trademarks on a national as well as international scale. Nevertheless, registering in different countries separately can be costly and time-consuming. Therefore, the Sri Lankan government decided to accede to the Madrid Protocol.

Accession to the Madrid System depends on the government’s roadmap, the legal landscape, and the ascending needs of the market. On February 23, 2020, the Sri Lankan government decided to accede to the Madrid Protocol, with NIPO putting its last notes for the final ratification.

The Sri Lankan government passed its Intellectual Property Rights Act in 2003, the Act encompasses protection for Copyright, Patent and trademark.

The National Intellectual Property Office of Sri Lanka established under the Intellectual Property Act No. 36 of 2003.

The Madrid Protocol, or the Madrid System, is an international convention in the field of branding, especially for the international registration of marks. It is considered the only global registration system for trademarks. Trademarks being internationally registered obtain protection internationally; the trademark holders are allowed to register a trademark in several countries simultaneously with only one application, one language, and denominated in one currency.

By registering a trademark according to the Madrid Protocol, the holder of the registration obtains international protection and related exclusive rights over the use of that trademark in connection with the goods or services for which it is registered in the designated territory or region.

The Madrid Protocol, or as it is described, the International Trademark Registration Treaty, confers several benefits: it protects a mark in a large number of countries by obtaining an international registration that affects each of the contracting parties. The Madrid System is a one-stop and cost-effective way to protect trademarks in multiple markets and about 130 jurisdictions.

By protecting commercial interests abroad, the system leads to a successful global business strategy, offering simultaneous protection in the territories of its members with advantages in time and costs through:

• Filing one international application instead of multiple national applications
• Filing in one language
• Paying one set of fees in one currency
• Obtaining an international registration covering multiple territories

In the process of filing an international trademark application through WIPO’s Madrid System, a mark may be the subject of an international application only if it has already been registered with the trademark office of the Contracting Party with which the applicant has the necessary connections.

However, many IP challenges can take place in the era of globalization of markets.

The overall IP ecosystem in Sri Lanka has improved in recent years in developing IP rights protection, but the lack of an effective strategic policy, and coordination among entities involved in the implementation and execution of laws, has led to counterfeit products being freely available in Sri Lanka.

Accession to the Madrid System should be a part of a coherent export/trade strategy. It should not be done in isolation; it shouldn’t only focus on institutional and operational capacity but needs an appropriate renewal of legislation.

Intellectual property (IP)

Intellectual property (IP) represents a vital aspect of modern business. Therefore, Qatar has established a robust legal framework to protect various forms of intellectual property.

The Ministerial Decision No. 56 of 2023 has been issued by the Qatari Ministry of Commerce and Industry adopting the GCC Trademarks Law (Gulf Cooperation Council) and its implementing regulations. 

GCC Trademarks Law and its implementing regulations entered into force in Qatar on August 10, 2023, and hereafter “Qatar has become the fifth Gulf Cooperation Council (GCC) country to implement the GCC Trade Marks Law (the TM law) marking a further significant development for trade mark practice and cooperation in the region.”

Qatar is now the fifth GCC country to adopt this Law. Kuwait, Oman, Saudi Arabia and Bahrain have already adopted it, except the UAE that has not implemented it yet.

The Implementing Regulations of the Trademarks Law of the Gulf Cooperation Council Countries adopted by Qatar replaced the articles related to Trademarks as per the Law No. 9 of 2002, the Qatari National Law, and operated direct and significant changes in Trademarks Law.

Published on 9 July 2023 in the Qatar Official Gazette, the Ministerial Decision should have come into force on the second day of publication: 10 July 2023. Nevertheless, the Intellectual Property Rights Protection Department at the Ministry of Commerce and Industry issued circular number 2/2023 on 13 July 2023 stating that the Department will apply the Decision starting from 10 August 2023.

Therefore, the adoption of the Implementing Regulations of the Trademarks Law of the GCC has entered into force in Qatar on August 10, 2023. 

The main changes operated by adopting the GCC Trademarks Law are related to Implementing New Deadlines, Modifying the Official Fees and Bringing out New Practical Aspects:

• The period for examination should be 90 days from filing.
• Where an application is accepted with conditions an applicant has 60 days to appeal the decision or 90 days to conform with the condition or the application will be forfeited.
• Where an application is rejected, an applicant has 60 days from the date of notification to appeal, or the application will be forfeited.
• Where an acceptance decision is issued an applicant has 30 days from notification to pay the publication fees or the application will be forfeited.
• The opposition period has been reduced from 4 months to 60 days.
• Increase in the official fees of some services, and decrease in others.

 Issued on 18 June 2023, published in the Qatar Official Gazette no. 9 of 2023 dated 9 July 2023.
 Sinead Quigley, Qatar: Fifth Gulf Cooperation Council to Implement The GCC Trade Marks Law, 20 July 2023, mondaq, https://www.mondaq.com/ 

In addition to that, the GCC Charter originally states that the basic objectives are to have coordination, integration and inter-connection between Member States in all fields, strengthening ties between them through formulating similar regulations in various fields.However, it is eminent to notice that the Trademark law is not a unifying law like for instance the GCC Patent law, in that brand owners will still need to protect trade marks in each GCC member state of interest that has adopted it, and each state still has a lot of discretion regarding its interpretation and the practical implications. However, it seeks to bring about further practice harmonization in registration and enforcement practices across the region.

As a result, Qatar’s implementation of the GCC Trademark Law increases significantly Qatar’s international profile and active role in trademark protection, through harmonizing trademark regulations and level of protection in all member states. Qatar’s commitment to protecting intellectual property rights underscores its dedication to fostering innovation and encouraging a knowledge-based economy in the region. 
Sinead Quigley, Qatar: Fifth Gulf Cooperation Council to Implement The GCC Trade Marks Law, 20 July 2023, mondaq, https://www.mondaq.com/ 

Landmark Battle

In a landmark legal battle, United Trademark & Patent Services, representing American Eagle, secured a resounding victory in a critical intellectual property case before the Jordanian courts. The case revolved around an individual accused of importing and selling counterfeit goods bearing imitated trademarks owned by a renowned American company.

The court meticulously examined the evidence presented by both parties during the open trial. Witness testimonies and an expert report substantiated the claims made by United Trademark & Patent Services on behalf of American Eagle. The evidence overwhelmingly pointed to the defendant’s deliberate infringement of American Eagle’s trademarks, violating Article 37 of the Jordanian Trademark Law.

The defendant had imported a shipment of jeans bearing counterfeit trademarks identical to the complainant’s. This act of imitation was deemed to have the potential to mislead the public, jeopardizing the reputation of American Eagle’s brand.

The court’s momentous decision in favor of American Eagle serves as a crucial turning point for intellectual property rights in Jordan. This ruling sends a clear message to counterfeiters and imitators that the Jordanian legal system will uphold the rights of innovators and creators, ensuring the protection of their intellectual property.

One key aspect the court emphasized was the importance of trademark registration. American Eagle’s trademarks were registered with the Intellectual Property Department at the Ministry of Industry and Commerce, providing them with legal protection under the law. This serves as a powerful reminder to businesses operating in Jordan to safeguard their intellectual property by ensuring proper registration of their trademarks.

The impact of this decision goes beyond American Eagle; it sets a precedent that will benefit businesses across industries. The ruling underscores the commitment of the Jordanian Ministry of Justice to foster a fair and transparent business environment, where intellectual property rights are upheld and respected.

For present businesses, this decision provides much-needed assurance that their trademarks will be protected under the law. It encourages innovation and creativity, as companies can now confidently invest in building strong brands, knowing that the legal system will defend their intellectual property.

Furthermore, this landmark ruling has far-reaching implications for future businesses looking to establish themselves in Jordan. The court’s unwavering commitment to enforcing intellectual property rights sends a strong signal to investors and entrepreneurs about the country’s business-friendly environment. It reinforces Jordan’s position as a destination that values and respects intellectual property, providing a stable foundation for economic growth and investment.

This decision also serves as a deterrent to potential counterfeiters and infringers, discouraging them from engaging in unlawful practices that undermine the integrity of businesses and harm consumers. By upholding the rule of law and protecting intellectual property, the Jordanian legal system creates a level playing field for all businesses, fostering healthy competition and encouraging fair trade practices.

Therefore, Egypt has proven an active function in playing a pioneering role in IP on both national and international arenas. Enforcement and Actualization of IP and related laws, are necessary to witness the positive impact EAIP will have in shaping the future of intellectual property in Egypt, by increasing Egypt’s pioneering role in IP achieving Global Innovation and Sustainability Goals.