Design Protection In GCC Countries - PART III

Date : January 21, 2020

This blog will be dealing with the design registration in Kuwait and Qatar.

I) Kuwait

Among all countries of the GCC excluding Qatar, Kuwait is the only country in which design applications are accepted but are not actively prosecuted.

Design Requirements

The design for which protection is sought must be one which is novel and has industrial applicability.

Filing Requirements

  • The Power of Attorney which is legalised up to the Kuwaiti Consulate must be submitted.
  • Certificate of incorporation or extract from the commercial register, legalised by the Kuwaiti Consulate.
  • Title and brief description of the design accompanied by the two copies of its drawings.
  • A legalised deed of assignment from the designer.

 

Multiple Applications

Multiple application cannot be filed. Instead, one application can be filed with upto 50 figures in the application. These designs must form a homogenous unit in their entirety.

Examination

Currently the situation is such that once the applications are filed, the Kuwaiti Patent Registrar does not take any further action. The process of examining, publishing and granting of designs has begun in Kuwait by the Kuwaiti Patent Office. However, all designs filed with the KPO are technically in the application stage.

These applications stand as documentary evidence of ownership and priority claim inspite of there being no examination and issuance of certificate by the Patent Office. 

 Validity

The design is protected for a period of 10 years from the date of filing. It can be renewed for one term of 5 years.

II) Qatar

Among all the countries of GCC, Qatar is the only country where one cannot file an application for protection of an Industrial Design. This is due to the lack of implementing regulations.

Due to the absence of statutory design laws in force in the State of Qatar, the only alternative for protecting one’s design is by publishing cautionary notes in the local newspapers. These notices have to be published in English and Arabic.

These notices are not statutorily enforceable rights, rather these notices are a way of conveying to the public that one claims the ownership of a particular design.

Regulations as to the republication of such notices have not been laid down. However, a time-to-time republication at reasonable intervals helps any possible infringement by giving the public a reminder as to the ownership of that particular design.

Author:  Sanika Chandekar- Student of 4th Year BA LLB – Symbiosis Law School, Hyderabad, intern  at IP and Legal Filings  and can be reached at support@ipandlegalfilings.com.

[1]Chapter 3  of the UAE Federal No. 17 of 2002 (“UAE Patents and Design Law”)

[2]Patent Law, Article 59.

[3]Patent Law implementing by-laws, Article 30.

[4]https://www.rouse.com/magazine/news/qatars-approval-of-new-designs-law-and-implementing-regulations/

[5]http://www.mondaq.com/x/4011/Trademark/Summary+of+the+Design+Registration+System+in+Qatar

[6]https://www.tamimi.com/law-update-articles/kuwait-industrial-design-applications-being-processed/

[7]Five-year period for industrial design protection

[8]http://www.mondaq.com/x/117774/Oman+Industrial+Design+Registrations+Are+Now+Available+Finally

[9]http://www.agip.com/Agip_Country_Service.aspx

[10]https://www.tamimi.com/law-update-articles/design-protection-what-businesses-need-to-know/

[11]http://www.kadasa.com.sa/publications/101?type=A_Saudi_Industrial_Design

[12]https://www.ip-coster.com/IPGuides/industrial-design-saudi-arabia

[13]https://www.alhiba.com/countries/kuwait/

[14] http://njq-ip.com/country/kuwait/industrial-designs/general-information/

[The content of this article is to provide a general insight into the laws pertaining to design in GCC countries as per the research conducted and sources referred to. Specialist advice should be sought with regard to your specific circumstance.]