Design Protection In GCC Countries – PART II

This blog will be dealing with the design registration in the Kingdom of Bahrain and the Sultanate of Oman.

I) Kingdom of Bahrain

There are two laws under which designs are protected in the Kingdom of Bahrain, viz.-

• Act No. 6 of 2006 on Industrial Designs and Models (for Designs).
• Act No. 22 of the year 2006 relating to the Protection of Copyright and Neighbouring Rights (for Industrial Models).

Design Requirements

The following terms need to be fulfilled in order to afford design protection in Bahrain-

• The industrial design must be novel.
• It must be capable of being used in the industry or handicrafts and it is one which distinctively appears as an industrial or craftwork product.
• The industrial design which has been filed for protection must one which has not been discussed to the public in Bahrain or abroad in any manner possible. This is inclusive of its use or publication before the date of filing the registration application or priority date of the registration application (if any).

Filing Requirements

• Arabic being the official language for proceedings before the Bahraini Patent Office, it is required that the application filed must be in Arabic. However, the application can be filed in English as well, if so, an authorized Arabic translation must be filed within a period of 4 months.
• The following details are essential in order to obtain the date of filing-
• Details of the applicant;
• Information of the legal representative or a copy of the power of attorney;
• 3 copies of drawings of the design;
• Priority details (if any);
• Filing fee payment details.
• A summary description of the design must be submitted.
• The original Power of Attorney must be submitted along with an Apostle certification.
• An assignment deed which has been legalized at the Bahrain embassy must be submitted in case the applicant is not the designer.
• A certified copy of the Priority Document must be submitted, if priority is claimed.
• A copy of Home Registration or any Foreign Registration must be submitted, such must be a certified copy.

Priority

Priority rights can be claimed under the Paris Convention within a period of six months from the date of the first filing of the priority application.

Multiple Applications

In Bahrain, a single application can be filed for multiple designs. The number of such designs must not exceed 50 designs and they must belong to the same class.

Examination

Industrial Design applications in Bahrain go through formal examination only, substantive examination is not carried out. The design applications will be examined by the Registrar and by the end of the examination, if the Registrar accepts the application it is published in the Official Gazette.

Opposition

30 days are left open for filing any opposition by any interested parties.

Validity

Once design registration is granted, the term of protection extends over a period of 10 years from the date of filing. The term can be renewed for a period of additional 5 years.

Registration Process Duration

In the instance of a smooth registration process, an average of 4-6 months is required in order to obtain registration.

Representation

Where the applicant is a foreign applicant, he/she must be represented by an agent who is a registered Bahraini Patent Attorney.

II) Sultanate of Oman

The Omani Patent Office started accepting design application for the first time, two years after the issuance of the regulations implementing the Industrial Design Law (Chapter III of the Omani Industrial Property Law no. 67/2008).  Even though it has become possible to file a design application, specifics with regard to the examination, registration, renewal, and registration have not been disclosed by the Omani Intellectual Property Department.

Design Requirements

• The industrial design must be one that has never been disclosed to the public in order for it to be registrable.
• The design must be new even if the design is not significantly different from designs that have been disclosed to the public anywhere in the world prior to the filing date or the priority date of the application for registration if priority is claimed.
• The industrial design must not be contrary to public order or morality.

Filing Requirements

• The Power of Attorney which is legalized up to the Omani Consulate/ Embassy must be submitted.
• The full description of the design with the name of the designer must be submitted. Such a description must lay down the elements of novelty in the design.
• The samples of the design for which protection is claimed must be submitted.
• A copy of the certificate of incorporation or extract from the commercial register or any equivalent document must be submitted. Such must be a certified copy.
• An assignment deed must be submitted in case the applicant is not the designer, with an Apostille certification.

Priority

Priority rights can be claimed under the Paris Convention within a period of six months from the date of the first filing of the priority application.

Multiple Applications

Although multiple applications are not permissible, a single application can be filed for up to 100 designs provided that they all belong to the same class in International specifications.

Examination

The examination of the application takes place on the basis of the form and the novelty of the design.

 Validity

The design is protected for a period of 5 years from the date of filing. It can be renewed for two consecutive terms of 5 years each.

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