DR. ERICH HAUSSER, 1930-1999
OMAN:
COPYRIGHT PROTECTION LAW
UNTED ARAB EMIRATES:
Q&A ON DESIGN AND COPYRIGHT LAWS AND PRACTICES [ ABLE 6/99 ]
BAHRAIN:
DRAFT FOR COMPANIES LAW
CENTER OF BUSINESS EXCELLENCE
YEMEN:
TRADEMARK JUDGEMENT
DID YOU KNOW THAT?
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Dr. Erich Hausser
{ 1930-1999 }
It is with great sadness and sorrow that I bid farewell to my dear friend, Erich Hausser. Dr. Hausser passed away on May 17, 1999 after a long battle with cancer. Words will never express just how much my family and I will miss his friendship and support. Erich was a great representative of his native Germany. A former President of the German Patent Office, Erich's expertise in the field of Intellectual Property played a major role in the development of IP laws in the Arab world. As International Advisor to Abu-Ghazaleh Intellectual Property, he worked with me relentlessly providing technical advice and support. We shared a common objective and determination to ensure that IP was well established in this region. We have come a long way since we started on our mission and there are still obstacles to be overcome but with Erich's help we have taken huge strides forward and I will forever be grateful.
But above and beyond his professional contributions, I cherished my personal relationship with him. He shared my love for music. Erich was not only a friend but a member of my family who took part in the weddings of my children and the births of most of my grandchildren. My thoughts and prayers are with his family and I extend them my support as we all come to terms with this tragic loss. Good bye Erich, May you rest in peace,
Talal Abu-Ghazaleh
May 17, 1999.
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Dr. Erich Hausser
{ 1930-1999 }
Born on June 9th, 1930 in Markt Taschendorf/ Steigerwald.
Law degree, University of Erlangen, Germany, 1952
Judge, District of the Higher Regional Court, Nuremberg, 1958
Federal Ministry of Justice, 1963
Judge, Federal Patent Court, 1965
Judge, Federal Supreme Court, Karlsruhe, 1972
President of the German Patent Office, 1976
Honorary Member of ASPIP, 1987
International Advisor, AGIP, 1995
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OMAN:
COPYRIGHT PROTECTION LAW
The Agencies Department started receiving copyright deposit applications in May 1998 following the issuance of Ministerial Decision No. 43198. The second article of the Decision has excluded non-original works by allowing the owners of phonograms and audiovisual works a grace period to dispose of them before the beginning of 1999. At present the Ministries of Commerce & Industry, Information, and National Heritage & Culture are coordinating to ensure that owners of phonogram and audiovisual stores comply with the grace period prescribed in the above Ministerial Decision.
The ministry will be holding practical training courses for the staff concerned with enforcement after the completion of the current amendment procedures to the law. The Ministry is, in coordination with the World Intellectual Property Organization (WTO), preparing a draft law that harmonizes with international conventions especially the Trade-related Aspects of Intellectual Property Rights.
The Omani Copyright Protection Law was issued in 1996.
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Q & A ON DESIGN AND COPYRIGHT LAWS AND PRACTICES IN UAE
DESIGNS
Q:Are designs registrable in your country?
A:Yes.
Q:Should the design application be filed under the form of drawings and/or photographs, the size thereof and the number of views?
A:The design application should be filed with two copies of the drawing of the design if it is two-dimensional or two copies of each view if it is three-dimensional. The drawings shall be on 4A cardboard paper.
Q:What are the novelty requirements for a design application to be valid?
A:The novelty requirement for design is that the new design has no earlier precedence in the industrial prior art. The industrial prior art means all that was disclosed to the public anywhere and at any time whether by written or oral disclosure or by use or any other method which allows the understanding of the design.
Q:Can convention priority be claimed in your country? (Paris Convention).
A:Yes.
Q:Does your country use the international classification?
A:Yes.
Q:Are there any goods or services for which the mark can not be registered?
A:Yes, alcoholic drinks.
Q:Is the assignment of the creator compulsory for a design application?
A:Yes.
Q:Is there any deadline to apply for the publication of a secret filing of a model/design?
A:There is no secret filing of a model or a design.
Q:Are there any special advantages in filing a model or a design in a secret form?
A:There is no secret filing of a model or a design.
Q:Is it possible to file more than one design/model in the same application? If yes, are there any advantages in doing so?
A:No.
Q:What is the term of protection of a model or design in your country? Can this term be extended?
A:The term of the registration of an industrial design shall be five years starting on the filing date of filing the application. That term may be renewed twice consecutively.
Q:Is use required to maintain a registration of a model or design in your country?
A:No, actual use is not compulsory but nominal work is compulsory.
Q:Are designs/models protected by copyright law as well?
A:No.
Q:Are there provisions in your law to oppose a model/design registration?
A:Yes.
Q:Is it possible to apply for cancellation of a model/design filed in a secret form?
A:There is no secret filing of a model or a design.
COPYRIGHT
Q:Is copyright protected in your country?
A:Yes.
Q:What types of items are protected by copyright law in your country?
A:(a)Local authors
(b)Foreign authors
(c)Art ( Drawings or sculptures)
(c)Computer Programs
(d)Designs
(e)Motion Pictures & Music
(f)Photography
Q:What is the length of protection of a copyright in your country?
A:-Valid for the lifetime of the author plus 25 Gregorian years after his death.
-The validity for cinematic films and the works of applied arts, works made by corporate bodies, works of art published in pen names or without mentioning the author's name and the works published for the first time after the death of its author will be for 25 Gregorian years as of the publication date.
-The validity period of photographic works shall be for 10 Gregorian years as of the publication date.
Q:How long does a copyright take to be registered?
A:Approximately two years.
Q:What kind of sanctions does your copyright law provide against infringers?
A:Imprisonment and fine of not less than DHS 50,000 or either penalty and confiscation of copies of the work and order to close down the contravening firm.
Q:Are there any limitations of copyright in your jurisdictions?
A:No.
Q:Must transfer agreements be recorded?
A:Yes.
Q:Must license agreements be recorded?
A:Yes.
Q:Are there any consequences of non recordal of agreements?
A:Yes, they would not have any effect against third parties.
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BAHRAIN:
DRAFT FOR COMPANIES LAW
Bahrain is yet to introduce a new legislation regulating companies. The draft law, in the hands of the Cabinet, embraces impressing changes designed to achieve a liberalized business environment through deregulation and transparency. The formation of business according to this new draft will have decreased authority approvals by abolishing requirement of an Emiri Decree and authorizing the Minister of Commerce to grant licenses. In addition, the new law provides for registering two new forms of companies, which are the Sole Proprietorship company and the Holding company. With respect to Exempt companies, changes have occurred to allow Memorandum and Articles of Association to be written in English, and minimum share capital requirement is set. More importantly the new law will give less power to the Ministry of Commerce, whereby the guiding authority for any company will be its Articles of Association.
These new changes in the Companies Law will pour into the efforts of Bahrain to maintain a healthy environment for investment and business growth.
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YEMEN:
TRADEMARK JUDGEMENT
The Commercial Court in Yemen issued a trademark judgement in a cancellation action. A cancellation filed by Henkel Kommanditagesellschaft auf against trademark "FAX" registered in the name of the Turkish company Evyap Sabun Yag Sanayi ve Ticaret A. S. was dismissed by the Yemeni court. The Plaintiff claimed the existence of similarity between the challenged trademark "FAX" in class 3 in the name of the Turkish proprietor with the Plaintiff’s trademark "FA" in class 3. It also claimed that such resemblance is caused through imitation by the Defendant.
The Defendant, represented by Abu-Ghazaleh Legal Services countered the allegations of the Plaintiff and emphasized the fact that resemblance between two letters ("F" & "A") in both trademarks, would not necessarily entail similarity that is in violation to the law. The Defendant added that overall appearance and get-up of its trademark would not lead to conclude similarity with the Plaintiff’s mark. Finally, the Defendant requested dismissal of the claim and issuance of an order against the Plaintiff to bear all legal costs. The Court summarized the facts and requests in this case, and moved to study the similarities between trademarks "FAX" and "FA". The court then explained that jurisprudence is well settled that the criterion for similarity is not derived from the similarity of letters, but rather, it is the general appearance and get-up associated in the minds as a result of the formation and distribution of the letters or symbols or image. The court further added that finding similarity between two trademarks requires regarding the trademarks in whole, not regarding the elements combining the mark.
As a result, the court negated any similarity between the mark of the Plaintiff and that of the Defendant despite the fact that the latter’s mark contains two identical letters constituting the mark of the Plaintiff. The decision elaborated that Defendant’s mark is distinctive and different from that owned by the Plaintiff whether in its overall appearance or in the manner and form its letters are written. This distinctiveness, the court continued, has made the difference evident between both marks in a way negating any confusion by the public. The decision explained that a person may easily distinguish, without close examination, between the two marks.
The court ruled in favor of the argument and requests raised by the Defendant and dismissed the suit filed by the plaintiff and charged it with legal costs.
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BAHRAIN:
CENTER OF BUSINESS EXCELLENCE
Rising as a business oasis, Bahrain seems to attract the eyes of international business people and institutions. Named by the American Heritage Foundation as the world’s most liberal economy for the fourthconsecutive year, and described by famous business and finance magazines as being the center of business excellence for key international players, Bahrain emerges as a pre-eminent business center for the Middle East region. It has succeeded in the past years in hosting global businesses after it has proved to be a successful hub for banking. While in the past, Bahrain used to require foreign companies to have sponsorships as is required by other GCC countries, yet now many companies have been relieved from the local shareholding requirement. This is particularly relevant in the insurance sector where foreign companies can operate freely. Moreover deregulation in the Agency Law allowed competition to prosper by opening the door for non-agents to engage in business. Thus, realizing the need to become a hub for business in this global economy, Bahrain has taken major and successful steps in liberalization of its business legislation making it a model for Middle Eastern countries.
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Did you know that...??
According to the Jordanian Trademarks Law, any person may file an opposition against a trademark application. Accordingly, it is possible to file an opposition in the name of any person even in favor of another party without requiring a Power of Attorney from such party.
According to Jordanian Jurisprudence, use of trademarks in free zones and duty free shops and markets is not considered as use that negates grounds for striking a trademark registration based on non-use. Accordingly, a party wishing to maintain its mark and avoid any possibility of cancellation based on non-use is required to use its mark in Jordanian markets other than free markets. Jordan amended its copyright law in October 1998 to include a provision authorizing National Library officers powers of the Judicial Police.
Accordingly, officers may search and confiscate pirated products in any shop found to have been in violation of the Copyright Law. Kuwait, a member of the Gulf Cooperation Council, is still lacking a legislation to regulate Copyright.