Category: News

The Role of Intellectual Property Laws in Protecting the Fashion Industry in GCC Countries

Posted on by info@www.utmps.com

The Growth of Fashion in the GCC

The fashion industry is a dynamic and ever-evolving sector that reflects creativity, innovation, and cultural identity. Globally, it is valued at over $2 trillion, and the Gulf Cooperation Council (GCC) countries—comprising Saudi Arabia, the United Arab Emirates, Qatar, Kuwait, Oman, and Bahrain—have emerged as a significant hub for luxury fashion, ready-to-wear apparel, and bespoke designs. Fueled by economic prosperity, strategic investments, and cultural diversification, the GCC region is witnessing unprecedented growth in the fashion industry. However, with such progress comes the critical responsibility to safeguard the industry’s lifeline: intellectual property (IP) rights.

The IP laws governing fashion are not merely legal instruments but essential tools for fostering innovation, protecting creative endeavors, and securing the economic interests of designers, fashion houses, and investors. In a region as ambitious and globally integrated as the GCC, the enforcement of IP laws becomes pivotal to maintaining the integrity of the fashion ecosystem.

The Foundations of Intellectual Property in Fashion

Fashion, unlike many other industries, relies heavily on intangible assets. The creative vision embedded in a designer’s sketches, the innovation behind fabric technologies, or the brand value associated with logos and names is what drives commercial success. These elements fall under various branches of intellectual property, including trademarks, copyrights, industrial designs, and trade secrets. Each of these legal tools plays a distinct yet complementary role in ensuring that the rights of creators and businesses are adequately protected.

For instance, a luxury fashion house like Chanel or Dior depends on its trademarks to protect its iconic logos and brand identity. Meanwhile, industrial design laws secure exclusive rights over visually aesthetic creations, such as handbags, footwear, and couture pieces. In essence, IP law becomes a safeguard against counterfeiting, piracy, and unauthorized use, all of which are major concerns in the GCC region’s fast-expanding markets.

The Legal Landscape of IP Laws in GCC Countries

GCC member states have made notable strides in developing robust intellectual property frameworks. These efforts align with international agreements such as the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) and the Berne Convention for the protection of literary and artistic works. While each GCC country maintains its own legislative nuances, there is increasing regional cooperation to harmonize IP protections.

Trademarks in the Fashion Industry

A trademark distinguishes the products of one brand from those of another. In the GCC, trademarks are regulated under the unified GCC Trademarks Law, which provides consistent standards across member states. Fashion brands benefit significantly from trademark registrations, which allow them to protect their logos, brand names, and symbols.

In the UAE, for example, a trademark registration ensures protection for 10 years, renewable indefinitely. Luxury hubs like Dubai have seen substantial growth in fashion retail, but they have also become targets for counterfeit goods. Authorities have implemented strict measures to combat trademark infringements, such as seizures of fake products and substantial penalties for violators.

In Saudi Arabia, similar emphasis has been placed on cracking down on counterfeits, particularly within its booming luxury sector. Local designers and international brands are encouraged to actively register trademarks to secure their brand value in this rapidly expanding market.

Copyright Laws Protecting Fashion Designs

Copyright law grants protection to original works of authorship, including fashion sketches, patterns, and designs. Under the Berne Convention—ratified by GCC states—copyright protection arises automatically upon the creation of an original work. However, challenges persist regarding enforcement, as fashion designs often blur the line between art and functional utility.

In jurisdictions like the UAE and Qatar, designers are encouraged to document and register their creations to strengthen their ability to enforce copyrights against infringers. For emerging designers, particularly those in culturally inspired fashion, copyright laws can serve as a crucial safeguard for unique creations.

Industrial Designs and the Visual Appeal of Fashion

Industrial design laws protect the aesthetic, non-functional elements of fashion products. These laws are particularly relevant for items like handbags, shoes, accessories, and bespoke garments. GCC countries allow for industrial design registration, typically granting protection for up to 10 years, provided the design is novel and unique.

International brands operating in the GCC—such as Louis Vuitton, Gucci, and Burberry—actively pursue industrial design protection to prevent knockoffs. Simultaneously, local designers are increasingly leveraging design rights to secure exclusivity and market differentiation.

Trade Secrets and Innovation in Fashion

Trade secrets offer another layer of protection for proprietary information, such as unique manufacturing processes, fabric formulas, and business strategies. In a competitive market like the GCC, where innovation drives success, trade secrets help fashion businesses maintain their competitive edge.

Challenges Facing IP Enforcement in the GCC Fashion Market

While the GCC has made commendable progress in IP legislation, certain challenges persist:

  • Counterfeit Markets: Despite rigorous anti-counterfeit measures, fake goods continue to infiltrate markets, particularly in e-commerce and informal retail channels. Counterfeit luxury products, such as handbags, watches, and shoes, pose significant risks to brand equity and consumer trust.
  • Lack of Awareness: Many local designers and small businesses are unaware of their IP rights or the steps needed to enforce them. As a result, creative works remain unprotected, leaving them vulnerable to exploitation.
  • Enforcement Mechanisms: The enforcement of IP laws, while improving, can still be complex, time-consuming, and costly for businesses. Cross-border infringements further complicate matters, necessitating greater regional cooperation.
  • Cultural Challenges: In certain GCC markets, there is a need to balance modern IP frameworks with traditional cultural values and practices. This tension, however, also presents opportunities for innovation rooted in cultural heritage.

Opportunities for Growth and Protection

To fully realize the potential of the GCC fashion industry, stakeholders must adopt proactive approaches to IP protection. Key strategies include:

  • Registration of IP Rights: Designers and businesses must prioritize registering trademarks, copyrights, and industrial designs across GCC markets to ensure comprehensive protection.
  • Collaborating with Authorities: Working with customs agencies and local authorities to combat counterfeit markets through seizures and penalties.
  • Leveraging Technology: Technologies like blockchain can be used to authenticate fashion products and prevent counterfeiting, while AI-driven tools can monitor online platforms for IP violations.
  • Educating Stakeholders: Awareness campaigns, workshops, and seminars can empower local designers, businesses, and consumers to respect and enforce IP rights.

Conclusion

The fashion industry in the GCC is experiencing an unprecedented renaissance, shaped by cultural evolution, technological innovation, and economic growth. As the region solidifies its position as a global hub for luxury fashion and creative excellence, intellectual property laws must remain at the forefront of this transformation.

IP protection is not merely a legal formality but a foundation upon which the fashion industry can thrive. By safeguarding creativity, innovation, and brand equity, the GCC can foster a sustainable, competitive, and globally recognized fashion ecosystem.

For IP professionals, policymakers, and stakeholders, the path ahead is clear: robust enforcement, proactive protection, and continuous education will pave the way for a brighter, more innovative future in the fashion industry. In the GCC, where heritage meets modernity, intellectual property is the bridge that ensures creativity is rewarded, businesses flourish, and the industry thrives for generations to come.

WIPO’s New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

Posted on by info@www.utmps.com

A new historical Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge was agreed upon at WIPO on May 24, 2024. The event is seen as a historic landmark, especially for Indigenous peoples, who see it as a great tool against the pillaging of their traditional knowledge and genetic resources.

The treaty was agreed upon by more than 190 nations. With the main aim of combating what Indigenous peoples call “biopiracy,” it makes it mandatory for patent applicants to disclose the origin of the materials used in their new inventions. Companies have been increasingly using genetic resources that are found in different forms of products, spanning from cosmetics and medicine to seeds, food supplements, and biotechnology.

The purpose of the treaty is to increase transparency on intellectual property pertaining to Indigenous traditional knowledge about resources. The treaty does not, however, address the issue of material compensation for Indigenous communities. The treaty is the culmination of more than 20 years of negotiations and work at WIPO, which described it as the first treaty to address “the interface between intellectual property, genetic resources, and traditional knowledge.”

The Indigenous Caucus group sees the treaty as a foundation for a sustainable future for all, as it recognizes the role of Indigenous peoples in the protection and survival of genetic resources by transmitting traditional knowledge from one generation to the next. While it is established that natural genetic resources are not considered protected intellectual property, it is, however, always possible to patent inventions developed using those resources. The main goal of the treaty is to combat biopiracy by ensuring that what is being patented is a genuine innovation while the countries and communities concerned agree on the usage of their genetic resources and traditional knowledge.

According to the treaty, patent applicants will have to disclose the origin of the genetic resources they used in their inventions and the Indigenous people who provided their traditional knowledge. This comes as a relief to the concerns of many developing countries, which have always been calling for further transparency regarding the origin of genetic resources. They have always been skeptical and suspicious that patents granted are circumventing the rights of Indigenous peoples.

The treaty also establishes that sanctions are to be imposed in accordance with the national laws of member countries adopting the agreement. There are already more than 30 countries that have mandated disclosure requirements in the texts of their national laws. This group of countries does not only include emerging market economies such as Brazil, China, India, and South Africa but also some Western countries, including Germany, France, and Switzerland.

It is worth mentioning that the disclosure procedure is not always mandatory. The text of the new treaty stipulates that countries “shall provide an opportunity to rectify a failure to disclose the information required… before implementing sanctions.” However, it denies such an opportunity for rectification in “cases where there has been fraudulent conduct or intent as prescribed by national law.” According to the treaty, a country is not allowed to “revoke, invalidate, or render unenforceable” a patent for the sole reason that necessary disclosure has not been made by the patent owner.

The text of the treaty comes as a finely balanced compromise between, on the one hand, the rights and legitimate concerns of Indigenous peoples and communities, and on the other hand, the advanced so-called first-world countries whose scientific and commercial entities are the most likely to come up with new inventions or patents where some of the knowledge can be based on genetic resources or traditional knowledge. The local communities wanted to preserve and protect their genetic resources and the traditional knowledge associated with those resources. The advanced countries wanted to foster innovation through the establishment of new patents.

The treaty aims to improve the patent system in terms of caliber, effectiveness, and transparency so that access conditions are implemented and respected and to ensure that the benefits derived from the utilization of genetic resources are properly shared. The new treaty guarantees the implementation of previous international agreements such as the Nagoya Protocol and the Biodiversity Agreement for Areas Beyond National Jurisdictions (BBNJ).

Contact Our Team ›

Collaboration Opportunities on Social Media

Combating counterfeiters on social media platforms involves cooperation between brand owners and platform enforcement structures. This cooperation can range from simple reporting procedures to takedown mechanisms and even joint lawsuits, where both the platform and brand owners take legal action against counterfeiters.

Collaboration with influencers often involves complex negotiations around royalty rights, contractual obligations, and termination rights. Influencers frequently build their own brands in parallel with the brands they promote, which can complicate matters. In some cases, collaborating with influencers may prove too costly or burdensome, in which case brands should consider refraining from such partnerships.

Social media messaging can significantly impact brand reputation, underscoring the importance of timely and accurate responses. Brands must be proactive in addressing issues and managing their online presence to protect their reputation effectively.

The Creation of IP Public Prosecution Council: A Milestone in Saudi Arabia’s IP Protection

Posted on by info@www.utmps.com

The establishment of Saudi Arabia’s Intellectual Property (IP) Public Prosecution on February 14, 2024, marks a significant milestone in the kingdom’s commitment to IP protection within the framework of the National IP Strategy and represents a pivotal step toward realizing the goals of the 2030 Vision.

This bold initiative aims to instill confidence in the Saudi market, fostering creativity and innovation. Both international and local IP holders can now trust that their property is being adequately protected, with violations prosecuted as criminal offenses rather than merely civil cases.

The newly established entity will investigate and initiate criminal proceedings related to infringements of trademarks, copyrights, patents, and industrial models. Over time, as cases are prosecuted and adjudicated, Saudi Arabia’s judicial system will accumulate a wealth of court precedents, providing invaluable guidance for IP owners and law firms seeking to protect their interests.

The role of the Saudi Authority for Intellectual Property in regulating, supporting, developing, protecting, and enforcing intellectual property fields will be further strengthened through the creation of the Intellectual Property Prosecution, aligning with international best practices and standards.

Abdullah Alakeel, chairman of the Saudi Scientific Research and Innovation Association, emphasized the importance of establishing Intellectual Property Prosecution in creating an environment conducive to attracting international technologies, innovators, and inventors. He highlighted that individuals and companies alike can now rest assured that their rights in the Kingdom are secure under clear laws and regulations.

In summary, the establishment of Saudi Arabia’s Intellectual Property Prosecution represents another crucial component of a robust national IP strategy and serves as a powerful tool to attract additional foreign investment in the future.

Qatar’s Web Summit 2024: An Innovation Hive for Intellectual Property 

Posted on by info@www.utmps.com

The Web Summit, the world’s largest Technology and Entrepreneurship event, made its debut in Qatar from February 26 to 29, 2024, marking the first time it was held in the Middle East and Africa. Web Summit Qatar 2024 provided an exceptional opportunity for 12,000 tech entrepreneurs, investors, and enthusiasts from across the globe to converge and foster the growth and development of startups. It was another significant global event hosted by Qatar, representing a new milestone in its journey of excellence and success.

The summit’s predominant themes revolved around Artificial Intelligence (AI), E-commerce, Fintech, and Cleantech. Thousands of entrepreneurs convened in Doha intending to enrich the digital landscape. The attendees, comprising web and program application developers, CEOs, investors, tech creators, social media influencers, music composers, and art platforms, came together, solidifying Qatar’s position as a 21st-century innovation hub.

Key figures from the technology sector were in attendance, gathering the brightest minds to advance Qatar’s knowledge-based economy, stimulate investment in research, and foster strategic alliances as part of Qatar’s National Development Strategy. The event was hailed as a “celebration of Startups” by Casey Lau, head of Web Summit Asia, emphasizing the birth of ideas, new concepts, and visions culminating in actionable plans.

Moreover, startups are fundamentally built on innovative ideas nurtured with business plans and visions, striving to create something novel and distinctive, with a focus on creativity, innovation, and entrepreneurship.

The Web Summit in Doha also underscored the integral role of Intellectual Property (IP) rights in digital technology and innovation. Trademarks, patents, and copyrights were directly implicated in the challenge of enforcing these rights in the digital era alongside AI, blockchain strategies, branding protection, data privacy, and more. Panel discussions, interactive workshops, and e-commerce analyses were conducted to foster an ecosystem for innovation and entrepreneurship, aiming to “Educate, Inspire, Connect” by empowering aspiring web innovators to develop new products and services.

Startups from Qatar and around the world competed in the Web Summit Qatar pitching competition, engaging in a dynamic, onstage competition to present their ideas to a live audience of investors, tech leaders, and mentors. According to Jack Lau, the President of Qatar Science and Technology Park (QSTP), the significance of Web Summit lies in positioning Qatar as an innovative hub, with QSTP playing a pivotal role in supporting startups on their path to success, including collaborations with local universities.

In addition to discussions on emerging technologies and industries, a panel focused on branding emphasized the importance of understanding brands and the responsibility associated with owning them. Web Summit has consistently advocated for the role of women in technology, with the percentage of women attendees and startups founded by women steadily increasing.

The primary objective of Web Summit Qatar 2024 is to launch a range of initiatives to strengthen the tech and startup ecosystem. These initiatives aim to offer robust support to businesses and startups, attract new investments in the highly promising technological field, promote local technological potential, and provide young entrepreneurs and graduates with promising work opportunities. Qatar’s highly sophisticated infrastructure provides a clear competitive edge in achieving these goals.

The resounding success of the 2024 Qatar Web Summit makes the 2025 edition a highly anticipated event for tech experts and entrepreneurs alike. Aligned with the goals of Qatar National Vision 2030, the ultimate aim is to sustain and increase the number of startups by establishing more ecosystems in neighboring countries such as Saudi Arabia and the UAE, further diversifying the Qatari national economy and ensuring ongoing prosperity for Qatar and the world’s new generations.

QSTP is Located in Qatar Foundation’s Education City, where it has unparalleled access to a large number of research universities. The members of QSTP are collectively committed to investing in new technology development programs, creating intellectual property, enhancing technology management skills and developing innovative new products. QSTP is increasingly recognized as an international hub for applied research, innovation, and entrepreneurship.

Contact Our Team ›

Saudi Arabia Steps Forward in Changing Industrial Designs Law

Posted on by info@www.utmps.com

Designs Law

Industrial designs consist of three-dimensional features, such as the shape of a product, as well as two-dimensional elements, including patterns, lines, and colors. In a legal context, an industrial design represents the ornamental or aesthetic aspect of an article. They hold a significant role in Intellectual Property due to their creative and innovative qualities, which provide a distinctive appearance to industrial products used in commerce. Therefore, comprehensive protection is imperative for industrial designs, as they are an integral component of IP rights.

As a result, by virtue of Royal Decree No. (M/45) dated 10/03/1445 AH (25 September 2023), Saudi Arabia’s Council of Ministers has approved changes to the Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs law. The amended Patent and Industrial Design Law came into effect on October 3, 2023.

These remarkable amendments have had a significant impact on the scope of Intellectual Property protection, including:

  • Defining “The Hague Agreement” and the “World Intellectual Property Organization (WIPO).”
  • Extending Design Protection to 15 years.
  • Modifying fees, requiring annual payments at the beginning of each year, except for international industrial models filed under The Hague Agreement, where fees will be paid every five years.
  • Adding the applicability of The Hague Agreement to international applications registering industrial designs.

Furthermore, Saudi Arabia has been selected to host the Diplomatic Conference related to the Design Law Treaty, which aims to unify the registration procedures for industrial designs.

During a WIPO meeting in Geneva, the CEO of the Saudi Authority for Intellectual Property (SAIP) called for the inclusion of Arabic as one of the languages used by The Hague and Madrid systems for protecting Intellectual Property Rights. It’s worth noting that the SAIP, along with Saudi National IP Offices, is committed to aligning Saudi Arabia’s Intellectual Property field with international best practices.

The newly amended Patent and Industrial Design law in Saudi Arabia is designed to enhance The Hague System for the International Registration of Industrial Designs, offering a streamlined registration process through a single international application. Saudi Arabia’s dedication to protecting and enforcing Intellectual Property Rights, aligning international standards with national IP rights protection, and fostering innovation and creativity in the country is of paramount importance.

Contact Our Team ›

 WIPO, Frequently Asked Questions: Industrial Designs, https://www.wipo.int/ 

Sri Lanka and Madrid Ratification: On the Way to International Branding Protection

Posted on by info@www.utmps.com

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.

Having said that, the enforcement climate should be prioritized in Sri Lanka by spreading IP awareness to give the lead to the Madrid Protocol, to provide effective legal protection of registered marks, and to give access to national brands to be elevated to the international brands level in a fair competition environment and extensive market with foreign marks. Nevertheless, necessary laws have to be enabled to support the effective implementation of the Madrid Protocol, which aims to the promotion of trade and the attraction of more investments in Sri Lanka.

Contact Our Team ›



Saudi Arabia and WIPO: A Collaboration towards Building a Culture of Intellectual Property in the Arab Region

Posted on by info@www.utmps.com

Collaboration 

From 1 to 3 October 2023, during the visit of WIPO’s Director-General Daren Tang to Saudi Arabia, the World Intellectual Property Organization (WIPO) signed an agreement with the CEO of the Saudi Authority for Intellectual Property (SAIP) and Umm Al-Qura University to establish WIPO’s First Joint Master’s Program in the Arab region.

The Saudi Authority for Intellectual Property (SAIP) is playing a crucial role in the realization of “Saudi Vision 2030”: it has prepared the National Intellectual Property Strategy, and recently issued a draft related to intellectual property (IP) legislation (the “Draft IP Legislation”), in order to adopt a New IP Law.

Therefore, this Agreement, being the first in the Arab region to be signed between WIPO and Saudi Arabia about the establishment of a Joint IP Master’s Program in Saudi Arabia, will be a stepping stone to strengthen the Innovation ecosystem in Saudi Arabia.  

The visit emphasized the importance of incorporating IP education programs in the curriculum studies and its implementation in the Saudi national economy.

Beyond academia, this Joint Master’s Program offers substantial economic advantages for Saudi Arabia and the Arab Region

WIPO’s Director General Daren Tang signed an agreement with the Saudi Authority for Intellectual Property (SAIP) on alternative dispute resolution in the IP domain and he looked closely at SAIP’s work operating the materialization of “Saudi Vision 2030” through achieving the National Intellectual Property Strategy in all its aspects.

Simultaneously, a trilateral agreement was signed between WIPO, SAIP, and NEOM in order to bolster collaboration in IP. NEOM, a new city in Saudi Arabia designed for innovation and progress, adds a dynamic dimension to this partnership.

Moreover, the Gulf Cooperation Council countries are having a fruitful impact on WIPO’s Global Innovation Index, in the economic scope of IP and Innovation. 

By signing this Agreement with WIPO, Saudi Arabia will step forward into a Strategy of Educational Development, led by the Intellectual Diversity of students, scholars, professors, and experts from different backgrounds, moving toward a knowledge-based economy. Consequently, the establishment of WIPO’s First Joint IP Master’s Program in the Arab region in Saudi Arabia is concretizing “Saudi Vision 2030” by putting Saudi Arabia as a global pioneer in Education and IP protection. This agreement will promote IP awareness, knowledge exchange, and the creation of a thriving Intellectual Property ecosystem in the Arab region

Further advancements in IP and increased attention to IP compliance issues in emerging areas are anticipated in the coming year. However, it’s crucial to acknowledge that unfair competition poses a threat to national, regional, and international markets, impacting social progress, trust, transaction security, and economic growth. It hinders the normal development of society and the economic progress of improving financial and commercial systems.

Contact Our Team ›

In conclusion, controlling competition and enhancing consumer protection are crucial objectives. To achieve this, we need to implement strengthened measures to increase consumer protection and recognize the “interplay” between general standards of protection against unfair competition and specific laws that protect intellectual property rights.  These two areas often depend on each other. On this note, the focus on efforts to combat unfair competition in the Asia-Pacific region is necessary. 

Ultimately, establishing a healthy and competitive business environment is essential too, whereby this environment fosters fairness, ethical practices, and integrity, leading to a dynamic and vibrant economy.

Martin Senftleben, Status Report on the Protection Against Unfair Competition in WIPO Member States, p. 179, https://www.wipo.int/

The Saudi Authority for Intellectual Property aims to regulate, support, develop, sponsor, protect, enforce and upgrade the fields of Intellectual Property in Saudi Arabia in accordance with international best practices, and it is organizationally linked to the Prime Minister.
NEOM is a new urban area planned by the Kingdom of Saudi Arabia to be built in its northwestern region and that will have a wide economic impact across multiple sectors.




Qatar’s adoption of the GCC Trademarks Law Implementing Regulations                                    

Posted on by info@www.utmps.com

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.

On the other hand, official fees being increased may not be suitable for many brand owners knowing that the region is already expensive. Nevertheless, reducing the lengthy time periods of the examination, publication, opposition, … will be very advantageous for the enforcement and the effectivity of the procedure.

Contact Our Team ›

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/ 

The establishment of the Egyptian Authority for Intellectual Property (“EAIP”): Genesis of a new era in Intellectual Property

Posted on by info@www.utmps.com

IP system

“To ensure the effectiveness of the IP system, a fine balance must be achieved between the rights of IP owners on the one hand, and the general rights of the society as a whole, on the other hand.”

A new wave of change and progress has been operated in Egypt in the Intellectual Property (IP) field, as a unique and pioneer step taken in the region, by establishing and implementing a new Agency and Authority specialized in promoting and developing Intellectual Property (IP), in all its subject matters. It is the establishment of the Egyptian Authority for Intellectual Property (“EAIP”).

The Egyptian Authority for Intellectual Property Agency (“EAIP”) is established by Law no. 163 of 2023 that has been published in the Official Gazette on 6 August 2023, and came into force the following date of publication on 7 August 2023.

For many years, Egypt has acknowledged the importance of the protection of Intellectual Property Rights (IPR) and its direct correlation to securing a healthy environment for investments.

In addition to being one of the pioneers in the promulgation of legislation that protects IPR the Egyptian Constitution guarantees the protection of Intellectual and Industrial Rights.

Knowing that the Egyptian Legal System has already sharpened a set of laws and regulations as for the Law no. 82 of 2002 on the Protection of Intellectual Property Rights, Law no. 23 of 1951 concerning Patent Agents’ Practices, and Law No. 94 of 2012 concerning Determination of Cost for Search and Annuity Fees in Accordance with Patent Cooperation Treaty. 

The establishment of the Egyptian Authority for Intellectual Property Agency (“EAIP”) takes part as an eminent step in achieving National Strategy for Intellectual Property that has 

been launched as part of Egypt’s Vision 2030 and the structural reform program for the Egyptian Economy.

  1. Efficiency of a Strategic implementation

Egypt’s Law no. 163 of 2023 relating to the establishment of the Egyptian Authority for Intellectual Property (“EAIP”) concerns the setting up of an Authority or an Agency that will replace several ministries/authorities (including for example Ministries of Higher Education, and Scientific Research, Supply and Internal Trade, Telecommunication and Information Technology,

Egypt’s National Intellectual Property Strategy, Strategic Book, Executive Summary, September 2022, p. 3, https://www.sis.gov.eg/

 Abdelrahman Helmi, Insight into the protection and enforcement of intellectual property rights in Egypt, Lexology, 1 March 2020, https://www.lexology.com/

Culture, Trade and Economy, Media Council, Patent Office) that previously held IP-related mandates and become the only IP authority in the country. In other terms, this Authority will apply all the present Egyptian laws and regulations related to Intellectual Property rights.

Therefore, Article 3 of Law no. 163 of 2023 relating to the establishment of the Egyptian Authority for Intellectual Property provides that the Agency (or Authority) aims to organize, sponsor, and protect Intellectual Property Rights in the country in accordance with Egypt’s relevant international obligations and to work to employ the intellectual property system in a way that balances the protection of those rights with achieving sustainable economic, social, cultural and technological development and building a knowledge economy.

In addition to that, Article 4 of the Law states the role and the authorities of EAIP, including the implementation of the National IP Strategy, by affording efficient and suitable functioning practices.

On this basis, effectiveness and efficiency of the implementation of targets will be measured and evaluated.

  1. Between Aim and Realization

The key aspects of intellectual property in Egypt include enhancing Egyptian Intellectual Property system with the establishment of the Egyptian Authority for Intellectual Property Agency (“EAIP”). 

By working on the Implementation of the National Strategy, this new Authority/Agency, created through Law no. 163 of 2023, replaces multiple ministries and authorities, making EAIP the sole authority responsible for Intellectual Property matters in the country. With a clear focus on advancing Egypt’s intellectual property system and supporting the ambitious Vision 2030, EAIP will play a crucial role in driving innovation, protecting intellectual property rights, and fostering economic growth. 

The newly established Authority, shall take over all what have been accomplished by relevant IP offices and bodies throughout, completing and building therefrom, besides starting 

immediately in implementing action plans and projects entrusted to the new Authority according to the Law of its establishment and this Strategy.

In addition, it shall undertake necessary coordination and cooperation with all State ministries and bodies concerned with the implementation of the pillars of this Strategy, as part of the Realization of the Strategy in an institutional framework through:

Hamad Abdallah, Egypt’s Authority for Intellectual Property: A New Dawn, Lexology, 16 August 2023, https://www.lexology.com/

Dr. Heba Shahein, about taking part of the team that has taken a significant step towards enhancing Egypt intellectual property system.

Egypt’s National Intellectual Property Strategy, Strategic Book, Executive Summary, September 2022, p. 3, https://www.sis.gov.eg/

The National IP Strategy launched in 2022.

  • Supporting and provision of registration, filing and deposition services using modern technological means.
  • Training and development of the human resources in the IP system.
  • Linking the Egyptian IP Authority with the rest of the State authorities and institutions.
  • Promoting the enforcement and respect of intellectual property rights.
  • Maximizing Egypt’s role in the global IP system, and coordinating with international bodies and organizations.

As part of the State’s Strategic plan, and concerning Enforcement and Implementation of the Strategy, Egypt has taken steps to enhance IP enforcement as for example taking measures and penalties for IP violations, as part of a signatory to international agreements like the Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Egypt’s Vision 2030 aims for an IP system that motivates innovation and creativity and enhances Research and Development (R&D) and technology production, as well as Arts, Literature and Culture; in order to lead the prosperity of the society on all economic, social, scientific, and cultural aspects, contributing to achieving Egypt’s Vision for Sustainable Development. 

Contact Our Team ›

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.

United Trademark & Patent Services Triumphs in Landmark Intellectual Property Case: A Turning Point for Businesses in Jordan

Posted on by info@www.utmps.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.

In conclusion, the triumph of United Trademark & Patent Services in the landmark intellectual property case on behalf of American Eagle is a pivotal moment in Jordan’s legal landscape. The court’s decision sets a powerful precedent that will benefit both present and future businesses, providing them with the confidence to invest, innovate, and protect their intellectual property. With a robust legal system supporting intellectual property rights, Jordan is poised to become a hub for creativity, innovation, and sustainable economic development.

Contact Our Team ›

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.