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Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning the Regulation and Protection of Industrial Property Rights

The last update on this law was listed on 10 Feb 2021

Issued Date

10 Feb 2021

Effective Date

12 Jun 2022

Official Gazette Date

14 Mar 2022

Official Gazette No

732

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Article (1) Definitions

The definitions set out in Federal Law No. (11) of 2021, referred to above, shall apply hereto. In addition, the following words shall have the meanings assigned to each, unless the context otherwise requires:
Law: Federal Law No. (11) of 2021 Concerning the Regulation and Protection of Industrial Property Rights.

Article (2) Calculation of Periods

The periods stipulated herein shall be calculated as follows:
1. If a period is stated in days, the first day shall be excluded from the calculation thereof.
2. If the last day of a period related to Industrial Property procedures falls on a public holiday, such period shall expire on the first working day following the holiday.
3. If the last day of a period of protection for an Industrial Property right falls on a public holiday, such period shall expire on that day.

Article (8) Representation of Two or More Persons

1. When two or more persons jointly submit an Industrial Property procedure, each of them shall be deemed a representative of all the persons.
2. None of the acts stipulated in the following paragraphs may be performed except by all the persons who have submitted the Industrial Property procedure or by the person who has been entrusted by them to do the following:

a. Assignment or waiver of an Industrial Property right and any application related thereto.
b. Abandonment of any application.

Article (15) Prohibition of Applying to a Foreign State and Maintaining Confidentiality

1. The Ministry of Defense may prevent the owner of an Invention related to security and military industries from filing an application to a foreign state to obtain any Industrial Property right.
2. The Ministry of Defense may decide to keep the Invention confidential for such period as it deems necessary.
3. The Invention owner may claim fair compensation from the Ministry of Defense for any losses arising from compliance with the provisions of Items (1) and (2) of this Article.

Article (31) Voluntary Transfer of Applications and Patents to Third Parties

1. A Patent applicant or Patent owner may transfer his application or Patent to a third party by submitting a written application to the Ministry.
2. In the case of joint ownership of the application or Patent, the person who wishes to transfer his share of the Patent in whole or in part to third parties shall provide evidence that such transfer is not detrimental to the other owners.
3. The Ministry may refrain from registering the transfer in the Register if it sees that it would abuse an Industrial Property right or harm commercial competition, or other issues related to Industrial Property rights.
4. In the event that the Ministry refrains from registering the transfer for the reasons set forth in Clause (3) of this Article, it shall give the applicant or the Patent owner the opportunity to present his submissions and defence to the Ministry within the period specified by the Ministry which shall not be less than ninety (90) days from the date of inviting him to present his submissions. 

Article (51) Mandatory Post-Grant Re-Examination Before Filing a Grievance to the Committee

1. As an exception to Clause (1) of Article (50) hereof, any person who objects to the registration of an Industrial Property right shall request a post-grant re-examination from the Ministry in accordance with Clause (1) of Article (42) hereof before filing a grievance to the Committee.
2. With regard to the registration of an Industrial Property right, the party concerned with the post-grant re-examination may file a grievance to the Committee only against the result of the post-grant re-examination submitted by the group of examiners.

Article (65) Refusal to Register a Contractual License

1. In the event that the Ministry finds that the contractual license abuses an Industrial Property right or harms commercial competition in the State as stipulated in Item (2) of Article (54) of the Law, it shall refer it to the department in charge of competition affairs in the Ministry for an opinion on the matter.
2. If the department in charge of competition affairs finds that the contractual license harms fair commercial competition, the Ministry shall ask the owner of the Protection Title to amend the contractual license terms in order to remove the reasons for refusal.
3. In the event that the reasons for refusal are not removed after the contractual license is amended, the Ministry shall completely refuse to register the contractual license.

Article (81) Industrial Property Bulletin

1. The Industrial Property Bulletin shall include the following:

a. Decisions and documents attached thereto.
b. Publication of applications.
c. Registration of Industrial Property rights.
d. Loss, waiver, or invalidation of Industrial Property rights.
e. Rights related to Industrial Property rights.
f. Committee’s decisions.
g. Court rulings related to Industrial Property rights.

2. It shall be prohibited to publish in the Industrial Property Bulletin any topics that would be contrary to the public order or morality or harmful to the public health.
3. The Industrial Property Bulletin may be issued in paper or electronic form.
4. In the event that the Industrial Property Bulletin is issued in electronic form, it shall be published on a publication server accessible through the Ministry's website or through the mechanism specified by the Ministry.

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