Adequate and effective intellectual property rights (IPRs) has always been a pivotal factor in encouraging companies in the pharmaceutical industry to invest in research and development.
The pharmaceutical industry is critically dependent upon strong and effective patent and trademark protection; it has even been said to be totally dependent. Medically, innovative products are increasingly difficult to invent, but frequently straightforward and inexpensive to copy. It is for this reason that the pharmaceutical industry has to be well-protected.
Protection of trademarks and or patents in the Arab countries commences with registration. Enforcement of intellectual property rights is an essential feature of the intellectual property system in all Arab countries. A successful infringement action enables the trademark/patent owner to be placed in the same position, both financially and commercially, that he enjoyed before the infringement. The intellectual property laws in the Arab countries have procedures to permit effective action against infringement of intellectual property rights, including expeditious remedies to prevent infringement; appeal procedures are also available.
In these countries there are unfortunately no separate legislation governing the protection of intellectual property related to the pharmaceutical industry.
The trademark laws in each of the Arab countries are applicable to all products including pharmaceuticals. In the same manner, the patent laws of each of the Arab countries protect pharmaceuticals. It is noteworthy that in some of these countries there are some limitations concerning pharmaceutical registrations. W e shall briefly consider the pharmaceutical industry, the intellectual property laws and their enforcement in the whole of the Arab World country by country.
ALGERIA
THE PHARMACEUTICAL INDUSTRY
The pharmaceutical industry in Algeria covers only 20% of all the needs of the country. Eighty percent are imported from different countries namely France, Austria, Italy, Spain and Jordan. The leading factory in Algeria is the governmental institution called “SIDAL.”
THE LAWS
Patent Law
The legal basis of protection of patents of invention in Algeria is Ordinance No. 66-54 of March 3, 1966, implemented by Decree No. 66-60 of March 19, 1966, and Decree No. 66-120 of May 19, 1966.
Pharmaceutical products and processes for preparing them are patentable under the ordinance.
There is no examination as to novelty of the invention, but only to unity and form. The certificate of invention and patents of invention are valid for twenty years from filing date. A patent cannot be revoked on the grounds of non-working, but compulsory licenses may be granted if the patent is not satisfactorily exploited within 4years from the date of filing.
Trademark Law
Trademarks covering pharmaceuticals just like any other trademark, are protected under Ordinance No. 66-57of March 19, 1966 as amended by Ordinance No. 66-308 of October 14, 1966 and Ordinance No. 67-223 and its implementing regulation promulgated by Decree No. 66-63 of March 26, 1966.
The owner of the trademark is required to utilize his mark within the year following registration, except in exceptional cases and where justified by the interested party. In the case of non-utilization of the mark, once the above-mentioned period has expired, the registration will no longer be effective.
The registration of a mark is effective for ten years and is renewable for similar periods. No person, during a period of 6 months calculated from the date of cessation of the effects of the registration of a mark, can validly deposit that mark, with exception of the original depositor or his successor in title.
ENFORCEMENT
Patent Infringement
The Algerian Patent Law provides for punishment by fine to every violation rights attaching to a patent or to certificate. The enforcement of the tights of the patentee is through the court. The infringed patentee is entitled to make a detailed inventory and order of seizure is available. An alleged infringed patentee may be required to post security. After an order is obtained, patentee must take proceedings towards obtaining a seizure within one month.
Trademark Infringement
The Trademark Law enumerates acts which are punishable by a fine and by imprisonment, or by only one of these penalties.
Civil actions relating to trademarks are to be taken before the courts. In the case of penal actions, the competent jurisdiction will pronounce upon the exception relating to the ownership of the mark.
BAHRAIN
THE PHARMACEUTICAL INDUSTRY
There is no pharmaceutical industry in Bahrain. The country's needs for pharmaceutical products are met by importing.
THE LAWS
The law governing in Bahrain is the patent design and trademark regulations of 1955, as amended by Decree Law No. 22 of 1977 and its implementing regulations of 1978.
Patents are granted for a term of 15 years, counting from the filing of the application, so long as the foreign patent will be in effect for that entire 15 years. The duration of the Bahrain registration expires when the foreign patent expires. If the Bahrain registration expires while the foreign patent is in effect, the foreign patent has no further effect in Bahrain.
Patents are extensible for an additional five year term beyond the initial 15 year one, provided that the foreign patent on which the Bahrain patent was granted is still valid, so long as it appears that the patent is of special importance and has not yet realized revenue commensurate with the expenses incurred.
Trademark Law
Legislative Decree No. 10 of 1991, effective September 6, 1991 governs the registration and protection of trademarks in Bahrain.
Registration are valid for ten years counting from the date of filing the application and renewable for like periods indefinitely.
If a mark is canceled, it cannot be registered in favor of third parties for the same or similar products or services until three years elapsed from the date of cancellation.
On application by any interested party, the court may order cancellation of a mark if, after five consecutive years from registration, there has been no bona fide use of the mark on goods or services for which it has been registered: the mark will not be canceled if its owner justifies non-use. If a mark is used by its registrant for a period of five consecutive years, the mark’s validity cannot thereafter be challenged.
ENFORCEMENT
Patent Infringement
The infringer is liable for damages, and may be criminally prosecuted. The court may issue a declaration of rights, may rectify the Register, may order the variation or cancellation of an entry in the Register, or may revoke a certificate of registration. The Court may issue injunctions, and may order the infringing articles con fiscated.
Trademark Infringement
Registration is a prerequisite to infringement proceedings, but is not required for exercise of the right to use for passing off. Fraudulently infringing or forging a registered mark or dealing in articles bearing the registered mark subjects the offender to a fine, imprisonment or both.
EGYPT
THE PHARMACEUTICAL INDUSTRY
The pharmaceutical industry made a great leap during the past years after implementing the free market system, and allowing foreign companies to trade in and manufacture pharmaceuticals. At the present time, more than twenty national and foreign companies are working in the field of pharmaceutics, out of which 11 are public sector enterprises.
The total production of pharmaceutical products in the public sector (11companies) in 1994 was LE980 million. The total exports were LE 56 million; the total imports were LE340 million. Ninety seven pharmaceutical trademarks were registered in 1993; eighty five pharmaceutical trademarks were registered in 1994; one hundred ninety six pharmaceutical patents were filed in 1993; and one hundred thirty eight pharmaceutical patents were filed in 1994.
THE LAWS
Patent Law In Egypt, Patent Law No. 132/1994 protects both patents and industrial designs.
Patent protection is also granted to special chemical methods and processes that are used for the manufacturing of pharmaceutical products, i.e. patents are granted not to the products themselves but to the manufacturing process.
In general, according to the Egyptian Patent Law, patents are granted to any inventions, whether products or processes, in all fields of technology. An ordinary patent is valid for a term of 15 years, extensible to another 5years. However, patents obtained for a special process or means for making foodstuffs, medicines or pharmaceutical preparations are valid for a shortened non-extensible 10 years.
Trademark Law Trademark Law No. 57of 1939, and its subsequent amendments, regulates the registration, protection, assignment and cancellation of trademarks as well as the penalties to offenses committed in contravention of the provisions of the law. It also stipulates the measures that the trademark proprietor may want to take in order to safeguard its rights.
A trademark registration is valid for ten years from the date of filing the trademark application and renewable for the same periods.
License agreements are recorded at the Egyptian Trademark Office for only registered trademarks while assignment agreements could be recorded for trademarks that are still pending registration.
The number of trademark applications that had so far been filed at the Egyptian Trademark Office were 96,776 applications of which 58,065 were filed on behalf of foreign applicants.
ENFORCEMENT
Counterfeit trademarks in the industry of pharmaceuticals is almost non-existant due to the strict control over the industry by Egyptian authorities, Ministry of Health and the Public Authority for Pharmaceuticals. Also, most of Egyptian pharmaceutical products are licensed by foreign brands who exercise very strict supervision and control over local production facilities. Therefore, very few cases have been so far filed relating to infringement of pharmaceutical products.
Patent Infringement
The Egyptian Patent Law provides for punishment by imprisonment and fine to any person who imitated the subject of an invention in respect of which a patent has been granted under the law, sells, offers for sale or distribution, imports or holds for the purpose of trading any counterfeit products relating to a patent granted in Egypt, or unlawfiully inscribes on products, advertisements, trademarks, packaging, etc., indications that may deceptively lead to the conviction that he has obtained a patent. As to the details of the procedures followed in the event of litigation, both the patent and trademark law are similar.
Trademark Infringement
Persons wrongfiully indicating on their trademarks or business papers that their trademarks have been registered are liable to fine and imprisonment, as are persons counterfeiting a registered trademark or imitating it in such a manner as to deceive the public, or persons making fraudulent use of such a counterfeit mark, or persons fraudulently affixing to their goods another’s trademark or knowingly selling, offering for sale, etc., goods bearing counterfeit or imitated or a wrongfully applied trademark.
A specific case that can be cited in this context is the “GERBER Baby Head Device” trademark case of Gerber Products Company (GPC).
The background of the case is that three trademark applications for the registration of the word “ALSAMEH with Baby Head Device” in the name of a local company were published in the Official Gazette of Egypt. The Egyptian applicant claimed that the baby head device included in its trademark label is that of a particular baby. GPC argued that even if the baby head device is the picture of a specific baby, why is the head device shown in a circle? Why is it shown in the head and shoulders form? And why does the word "ALSAMEH" (shown on the left side) take exactly the same form as that of the baby head device in the trademark label of GPC?
The oppositions filed by GPC were rejected by the Registrar. An appeal against the Registrar’s decision could not prove to be fruitful on the same grounds. Finally, GPC was left with the option of an out-of-court settlement.
Customs
Goods maybe seized at the time of importation, upon production of the official certificate of registration of a trademark or in pursuance of a court order obtained for that purpose.
IRAQ
THE PHARMACEUTICAL INDUSTRY
In Iraq, the leading manufacturer for drugs is SAMARRA, a state-owned company. There are also mini projects owned by private individuals with the help of the government. As for exporting, there is none at present because the production would be hardly enough for the need of the country. The Ministry of Health is the only importer and is very restricted because of the UN sanctions. Some aid from human organizations reaches the country through the Ministry.
THE LAWS
Patent Law
Patents covering pharmaceuticals are protected under the Patent and Industrial Design Law No. 65 of 1970, effective since April 6, 1970 and the Patent and Industrial Designs Regulations Law No. 21, of 1970.
The law stipulates that no patents shall be granted, among others, pharmaceutical and medicinal preparations; however, the processes are patentable.
The patented inventions should be worked in Iraq to an adequate extent within 3 years from the date of grant and working must not be discontinued for two successive years.
Patents of inventions are granted a term of 15 years, counting from the date of filing of the application. Patents of addition are granted for the unexplored term of the original patent.
Trademark Law
Trademarks concerning pharmaceuticals can be protected under the Trademark Law No. 21 of 1957 and its amendment in Law No.7 of 1962, No. 214 of 1968 and No. 64 of 1977.
In order to be registered in Iraq, foreign trademarks must include an Arabic translation, which must be larger in size than the foreign version.
For trademark purposes, goods are divided into 34 local classes and sub-classes and each class is subdivided into commodities or groups of commodities. Once registered, the goods for which a mark is registered under may notbe changed without a fresh application.
The period of a trademark registration is 15 years from the date of application but may be renewed for an additional 15 year period.
ENFORCEMENT
Patent Infringement
Penalties and imprisonment may be imposed on any person who imitates an invention for which a patent has been granted or sells, offers for sale and circulation, imports from abroad, process with the intention of trading imitated products, or materials that include an imitated invention, so long as these acts were done knowingly.
A temporary injunction is available. The court may confiscate, dispose or destroy infringing goods. Damages and permanent injunctions are also available to the patentee.
Trademark Infringement The owner of a registered trademark may bring an action in the Civil Court for infringement and may claim any damages that are the natural consequences of the infringement.
Anyone who imports any goods bearing a mark that infringes the rights of a trademark registered under the law or imported goods packed or prepared in such a form that will enable the goods to be dealt with as if they were the goods of another manufacturer, will be liable to penal prosecution. The court may direct that any such
imported goods be detained by the customs authorities pending the hearing of the case, are subject to any conditions as to security or expenses as the court may think fit.
JORDAN
THE PHARMACEUTICAL INDUSTRY
The pharmaceutical industry in Jordan is a relatively new industry if compared with other countries. Production was initially started in 1960 with the Arab Pharmaceutical Manufacturing Co. Ltd. in Salt. Presently over 28 companies exist in the medical and veterinary fields.
The income generated by this industry has increased drastically from US $27 million in 1988 to US $101 million in 1993.
The Regulatory Committee which was initially started in 1966, and operates under the Ministry Health stipulates that all pharmaceutical products be registered prior to theft use in Jordan. This committee takes its legal structure under the “Professions Law No. 43 dated 1972” and does not interfere in the intellectual property legislation.
THE LAWS
Patent Law
Pharmaceuticals can be protected under the Patent & Design Law No. 22 for the year 1953. According to this law, the product may be registered in terms of the “means of discovery or its industrial process” and thereby the chemical formula itself cannot be entered.
The amendment of the law in 1986 specified pharmaceutical and medical compositions and again stressed that the method of production is the only part patentable.
The law stipulates that a patent may not be filed if novelty does not exist and according to the present requirement of the Registrar’s Office, patent application will not be accepted if it has been filed in Jordan after 18 months fromthe original filing of the patent in a foreign country.
A patent registration is valid for 16 years and may be renewed every 4 years. The Jordanian Law stipulates that the patent be worked, otherwise it may be canceled.
Trademark Law
The law governing registration of trademarks in Jordan is Trademark Law No. 33 of 1952.
Trademarks covering pharmaceuticals may be registered under Class 5for pharmaceutical, veterinary and sanitary preparations or Class 10 for “surgical, medical, dental and veterinary apparatus and instruments” as classified by the WIPO.
A trademark registration is valid for 7 years from the date of filing and then may be renewed every 14 years. Cancellation of this trademark is possible if invoked by a third party and the registrar will thereby require proof of use or intent of use in the two years preceding the opposition.
ENFORCEMENT
Patent Infringement
Actions for infringement will be heard in the Court of First Instance. Patentee is entitled to injunction and damages. Lack of knowledge of the existence of the patent is a valid defense to avoid paying damages.
Trademark Infringement
Any person with the intent to devise commits or attempts to commit or aid or assist any other person in committing any of the acts listed in the law is guilty of an offense and will be liable upon conviction to imprisonment for a period not exceeding one year or to a fine or to both.
Following are some of the cases relating to pharmaceuticals:
Allied Chemical Company vs Kuwait Petroleum Corporation
The Allied Chemical Company, applied to register the trademark Q8 (phonetically equivalent to Kuwait) in Class 5for “antiseptic, disinfectant and insecticides.” Upon publication in the official Gazette, the plaintiff, Kuwait Petroleum Corporation, filed an opposition application at the Registrar’s Office claiming that the registration of the subject trademark will lead to public deception due to the fact that the consumer will associate the products bearing the said trademark with that of the product of the plaintiff. The defendant company did not submit any supporting documentation other than the counter-statement.
The Registrar resolved to reject the opposition and to allow the subject trademark to proceed as filed. The Registrar’s decision was based on the fact that if the plaintiff registered the trademark it will lead to public deception due to the fact that the consumer will associate the products bearing the said trademark with
the product of the plaintiff. The defendant company did not submit any supporting documentation other than the counter-statement.
The Registrar resolved to reject the opposition and to allow the subject trademark to proceed as filed. The Registrar decision was based on the factthat the the plaintiff had registered its trademark in Class 4 while the defendant sought registration in a different class (Class 5).
The plaintiff appealed the Registrar’s resolution to the High Court of Justice which accepted the opposition. The High Court was convinced that the registration of Q8 in Class 5 will cause public deception and unfair competition.
The decision of the High Court is significant because, although the Registrar’s resolution in this case was expected as this issue is similar to several previously dealt with by the Registrar, the decision of the High Court was not expected and can be considered as a divergence from its prior precedents.
Opposition to trademark “ASTRA” No. 31411
Aktiebolaget Astra opposed the use of trademark “ASTRA” for Polythene Gloves in Class 10 which was initially filed by Al-Razi.
Although a counter-statement was filed by the said company after receiving the affidavit presented by Aktiebolaget, they did not submit any further evidence which resulted in the striking of trademark “ASTRA” No. 31411 from the register by default.
Opposition to Similar Trademarks
“Unisporin & Design” vs “Neosporin”
The trademark “Unisporin & Design” in Class 5was filed by the United Pharmaceuticals Manufacturing Co., Ltd. upon being advertised was opposed by the Welcome Foundation based on the similarity to trademark “NEOSPORIN”
The opposition was not countered by United Pharmaceutical Manufacturing & Co. Ltd which resulted in the Registrar's decision to remove the trademark Unisporin & Design” by default.
KUWAIT
THE PHARMACEUTICAL INDUSTRY
There is no pharmaceutical industry in Kuwait. Before the invasion there existed one government pharmaceutical company which manufactured medicines,but after liberation, the company was closed. Kuwait imports pharmaceutical products; there are a number of importers and suppliers.
THE LAWS
Patent Law
Inventions covering pharmaceuticals can be patented in Kuwait under Law No.4 of 1962 and its implementing regulation order No. 15 of 1965.
Under the law, an alien who has no domicile or place of business in Kuwait may file an application when he is a national of a country with which Kuwait has made a treaty or convention arrangement, or on the basis of reciprocity.
Chemical inventions relating to foodstuffs, medical drugs, or pharmaceutical formula, among others are not patentable, although the processes for producing them may be patentable.
The patented invention should be worked in Kuwait to an adequate extent within 3 years from the grant of the patent, and working must not be discontinued for two successive years.
Ordinary patents are granted for a term of 15 years from the date of application and may be extended for a further period not exceeding 5 years. However, patents for chemicals, foodstuffs, medical drugs and pharmaceutical compositions are granted for a term of 10 years from the date of application and cannot be extended.
Trademark Law
Trademarks concerning pharmaceuticals just like any other trademarks are protected under the Kuwaiti Law No. 2 of 1961, its implementing regulations and its amendment under Law No. 7 of 1962.
The Law stipulates that foreign marks are registrable if previously registered in the home country or another foreign country.
The ownership of the mark cannot be disputed if the person registering it has used it in a continuous manner for at least five years from the date of registration, without any valid and successful action with regards to its ownership being brought against him.
The term of a trademark registration is 10 years from the date of application, and renewable for like terms indefinitely.
ENFORCEMENT
Patent Infringement
The law stipulates that any person who imitates and knowingly sells, offers for sale or circulation, imports from abroad or acquires with intent to trade imitated products subject to a patent in Kuwait, has committed infringement.
The owner of a patent may obtain an order for the seizure of the imitated goods which were used or might be used in committing the crime of infringement and the seizure of the imported goods on arrival.
Trademark Infringement
Unauthorized use of a registered trademark or an imitation thereof, or sale, etc. are offenses punishable under the law in Kuwait.
The trademark owner may at any time, even before the institution of civil orcriminal proceedings approach the court for obtaining a seizure order, or taking any necessary measures. These measures are null and void, however, unless followed up by either civil or criminal legal proceedings against the party concerned.
LEBANON
THE PHARMACEUTICAL INDUSTRY
The local production of pharmaceuticals is very weak due to the lack of exclusive agencies. The needs of the country are covered by importing pharmaceutical goods from abroad.
THE LAWS
Patent Law
The law governing registration of patents is Order No. 2385 issued by the French High Commissioner on January 17, 1924 and amended by the Lebanese Law of January 31, 1946.
Under the law, pharmaceutical formulasand compounds, among others, are not patentable. However, the process for preparing them is patentable. Actual working is required within 2 years. In lieu of the actual working, advertisement in the local newspaper offering the invention to industrialists capable of its exploitation satisfies the working requirement. There is no provision for compulsory license. Patents of invention are granted for 15 years from the filing date.
Trademark Law
Order No. 2385 issued by the French High Commissioner of 1924, as amended by the Lebanese law of January 31, 1946; Order 83/A/57 of January 29, 1960 and Decree No. 245 of February 23, 1983 govern the protection of trademarks including pharmaceuticals.
Registration of the mark may not be contested after 5 years following the deposit on the ground of prior use unless it is established that the registrant is aware of the prior use. The duration of registration of a trademark is 15 years from filing date and may be renewed indefinitely for further like periods.
There are no provisions concerning the use of a trademark registered in Lebanon by the Lebanese industry. It is necessary to file a license of the trademark after obtaining approval by the Ministry of National Economy.
The registered mark may be transferred with or without the goodwill of the business, and should be recorded at the office in order to be effective against third parties. Contractual licensing is permitted. Recordation of the license agreements is required when the licensee is Lebanese. The phrase “Made in Lebanon by Authority of (the name of the licenser)” must appear on the articles marketed in Lebanon, bearing the subject trademark.
When a foreign trademark is used by a Lebanese industry, “Made in Lebanon,” the trademark and the name of the owner must appear on the article.
ENFORCEMENT
Patent Infringement Any person who knowingly causes damage to any right gained from a patent delivered and published in pursuance of valid laws shall be punished by a fine. Accomplices are punishable with the same punishment as that of the principal offender. A recidivist of the crime of infringement is punishable by banishment from the trade or industry in which offense was committed.
Trademark Infringement Unauthorized use of a trademark registered under the law, an imitation of such trademark applied on goods of the same class, sale, etc. are offenses punishable under the law in Lebanon.
LIBYA
THE PHARMACEUTICAL INDUSTRY THE LAWS
Patent Law
The law governing registration of patents in Libya is Law No. 8 of 1959 and works its implementing regulations.
Under the law, medicines or pharmaceutical preparations, among others are not patentable; however, the process for producing them may be patented. Samples and a health department certificate may be called for if the application is for a patent concerning foods, drugs or pharmaceutical processes.
If a patent is not worked in Libya or in the country of origin within 3 years from the date of granting the patent, it becomes null and void. An extension of 2 years, for cause, may be obtained. Ordinary patents are granted for a term of 15 years from the date of application. Patent obtained for special processes or
means for making foodstuffs, medicines or pharmaceutical preparations are valid for only 10 years.
Trademark Registrations, including pharmaceuticals, are governed by Trademark Law No. 40 of August 11, 1956 and its amendment Law No. 3 of 1962.
A trademark cannot be assigned, pledged, or attached apart from the goodwill of the business. Transfers or pledges of a mark to a third party, in order to be valid, must be duly recorded in the register within three months of their date, or later with fineand the fact published.
The term of a trademark registration is 10 years from date of application and renewable for further like terms indefinitely. If application for renewal is not made (with fine) during the three months following expiry of the registration term, the registration will be expunged by the Trade Mark Office.
ENFORCEMENT
Patent Infringement
Any person who imitates the subject matter of an invention for which a patent has been issued will be subject to imprisonment and a fine. During the hearing, the patentee may obtain seizure. Such seizure may be obtained before bringing an action, so long as an action is brought within eight days of obtaining the the seizure order. The court may also order destruction.
Trademark Infringement
Persons wrongfully indicating on their trademarks or business papers that their trademarks have been registered are liable for fine and imprisonment, as are persons counterfeiting a registered trademark or imitating it.
The owner of a trademark may at any time, even before institution of a civil or criminal proceeding, take any necessary protective measures such as the seizure. These measures are null and void, however, unless followed within eight days, exclusive of delays due to distance, by either civil or criminal legal proceedings against the party concerned.
Customs
Goods may be seized at the time of importation upon production of the official certificate of registration of a trademark or in pursuance of a court order obtained for the purpose.
MOROCCO
THE PHARMACEUTICAL INDUSTRY
The Industrial Products of Morocco include chemical, pharmaceutical, rubber and plastic.
There are more than 200 international pharmaceutical groups in Morocco, either through direct products investment or through granted manufacturing licences. More than 80 upscale pharmaceutical companies and laboratories are operating in Morocco.
The local production manufactures 3,500 specialties that covers 80% of market needs. In 1994, home production was worth 3.3 billion Moroccan Dirhams (MD). Export was worth MD 200 million. Investment has attained MD 113 million in 1993. (US $ 1.00 = 8.5 MD)
Pharmaceutical companies in Morocco are granted the A. M. M. (L’Autorisation de la Mise sur le Marche); the authorization to put for sale, a medicine. The said authorization is granted by the ministry of Public Health for any product, substance or molecule be it patented or hot. One should not confuse between a patent and the A. M. M.
THE LAWS
Morocco has judicial arsenal that designs the principles and basics of competition, notably the protection of intellectual property rights. Morocco has laws designed for trademarks, patents, models, industrial designs and copyright. Industrial property in Morocco is governed by two laws, namely, the law of 1916 applied in the ex-French zone Casablanca, and the law of 1938 applied in the ex-Spanish zone Tangiers, the two laws are still in force.
Patent Law
Under the Moroccan Patent Law some inventions are not patentable; among these are pharmaceutical preparations.
However, processes and instruments used for the manufacturing of such products are patentable. Once the new patent law project is passed, pharmaceutical preparations and medicjnes will be patented and more judicial rounds will be provided for the protection of pharmaceuticals in Morocco.
Trademark Law
Concerning trademarks, the law provides the necessary protection and orders the registration, cancellation, transfer of ownership of trademarks and the sanctions to counterfeiting and infringement. It also outlines the appropriate measure to be taken to defend one’s rights.
First, the trademark should be registered with the Morocco Trademark Office and Tangier Trademark Office, respectively, the owner of a non-registered mark can also enforce his rights over a trademark provided that sufficient prior use of thesubject trademark is proved.
ENFORCEMENT
Judicial actions for counterfeiting are filed with the Moroccan Civil and/or Criminal Courts.
Patent Infringement
Any infringement, even if in good faith of rights and titles to industrial property system may invoke for civil action. Actions may be commenced by any person who considers himself wronged by an infringement, or by the public
prosecutor.
Remedies include modification of the terms of the patent, inspection by competent authority, confiscation of infringing articles, fines and imprisonment.
Trademark Infringement
Any infringement, even if in good faith, of rights and titles to industrial property system, may invoke for civil action. Actions may be commenced by any person who considers himself wronged by an infringement, or by the public prosecutor.
Since Morocco is a signatory member of the Paris Convention and the Madrid Agreement, well-known trademarks are automatically protected in Morocco, though they are not registered with the Morocco Trademark Office.
In a case dated 1952, the court issued a judgment for the cancellation of the trademark “COCA COLA” for medicinal tablets (CASABLANCA Court, January 28, 1952, GTM
(Moroccan Court’s Gazette) 1952 p.74
OMAN
THE PHARMACEUTICAL INDUSTRY
At present there is no pharmaceutical industry in Oman. There is only just one company which manufactures certain materials for antibiotics.
The total imports of pharmaceutical products into Oman per year is worth around US $ 65 million, which is shared by the Ministry of Health, Ministry of Defense, Petroleum Development Oman, Sultan Qaboos University and the private sector companies.
We understand that there are plans for setting up one or two pharmaceutical industries on a large scale and constancy tenders have already been invited for the purpose.
THE LAWS
Patent Law As there is no statutory patent law in force in the Sultanate of Oman, the only available means of protecting patents is by publishing cautionary notices in the Arabic and English languages in suitable informational periodicals. Cautionary notices define the owner’s interest in the industrial property, announce the ownership thereto and alert the public against any possible infringement. It is not as effective as a registration and is not deposited with any governmental department.
On September 29, 1993, the Gulf Cooperation Council countries (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates) issued a model Unified Patent Law. Although this law is not expected to supersede existing patent legislation in other GCC countries, Oman, is expected to apply this law as soon as implementing regulations are issued and the law is published in the Official Gazette.
Trademark Law
Pharmaceutical trademarks, just like any other marks, are governed by Sultani Decree No. 68,87of October 5, 1987; Implementing Regulations No. 103/88; Law Decree No. 635 of 1991 and Royal Decree No. 33/91 of 1991.
Ownership may not be contested if the registrant has made an interrupted five year use of the mark from the registration date. Assignment must be with the goodwill of the business, unless otherwise agreed.
Validity of protection is 10 years from date of filing, renewable for similar periods. When a registration is struck off the register by the Registrar, the trademark may not be registered in the name of another party for three years from the date of cancellation.
ENFORCEMENT
Trademark Infringement
It is possible to close the commercial premises wherein the offense occurs for a period not exceeding three months. The Ministry of Trade & Industry can order such closure through the normal administrative channels until the suit is settled.
Customs
The owner of a mark at any time can ask from the President of the Committee for Settlement of Commercial Disputes for leave to take the necessary precautionary measures and in particular seizure. Such seizure may be effected upon the goods from abroad. The seizure proceedings will be considered null and void if not followed by the institution of civil or criminal proceedings.
PALESTINIAN NATIONAL AUTHORITY
THE PHARMACEUTICAL INDUSTRY
The Palestinian National Authority consists of the West Bank and Gaza Strip.
There are seven pharmaceutical firms in the West Bank and Gaza Strip, the leading firm of which is Bier Zeit & Jerusalem. The total investment in the said industry is between US $ 40-50 million. The total imports of medicine to Palestine is approximately US $ 55 million, the local products cover 60% of the local needs.
THE LAWS
Pharmaceuticals are protected just like any other trademarks/patents under the Trademark & Patent Law. The registration system is the same as that in Jordan.
Patent Law
1. West Bank
Patents concerning pharmaceuticals, like any other patents of invention, are protected under the Jordanian Patent and Design Law No. 22 of 1953 except the amendment which has been introduced by Law No. 8 of 1986. Chemical products relating to medical drugs, pharmaceuticals compositions or foods are not protected. Methods and process relating to these products are patentable but they do not protect the finished from any of these products.
2. Gaza Strip
In the Gaza Strip, the law that governs patent protection is the Palestinian Trademark & Patent Law of 1938. Infringement actions can only be brought after the sealing of the application.
Trademark Law
1. West Bank
Trademarks concerning pharmaceuticals are protected just like any other trademarks by the Jordanian Trademark Law No. 33 of 1952 effective of July 1, 1952.
2. Gaza Strip
The Palestinian Trademark & Patent Law of 1938 governs the protection of trademarks.
ENFORCEMENT
Effective legal action can be taken for trademark/patent infringements before the Court of First Instance.
Patent Infringement
Actions for infringement will be heard in the Court of First Instance. Patentee is entitled to injunction and damages. Lack of knowledge of the existence of the patent is a valid defiance to avoid paying damages.
Trademark Infringement
In all legal proceedings relating to a registered trademark, the fact that a person is registered as a proprietor of the trademark will be prima facie evidence of the validity of the original registration of the trademark and of the all subsequent assignments and transmissions of it.
Any person who with intent to deceive is guilty of an offense and will be liable upon conviction to imprisonment for a period not exceeding one year or to a fine or to both.
QATAR
THE PHARMACEUTICAL INDUSTRY
There is no pharmaceutical industry in Qatar nor is there any pharmaceutical factories of any type in Qatar. As such, there is no production and export of pharmaceutical products. All pharmaceutical products are imported from abroad. Importation of the pharmaceutical goods are divided by the private sector and the public sector. The latter includes the Ministry of Public Health only.
THE LAWS
The Trademark Law
The principal law that governs the protection of trademarks in Qatar is the Trademark and Commercial Indication Law No.3 of 1978 and its implementing regulations which has been issued under ministerial Decree No. 30/80 on June 11, 1980, and their subsequent amendments.
The validity of registration in Qatar is for ten years calculated from the date of filing. This validity period can be extended for similar periods.
Patent Law As there is no statutory patent law in force in the State of Qatar, the only available means of protecting patents is by publishing cautionary notices in the Arabic and English languages in suitable informational periodicals. Cautionary notices defiance the owner’s interest in the industrial property, announce the ownership thereto, and alert the public against any possible infringement.
\it is not as effective as a registration and is not deposited with any governmental department.
ENFORCEMENT
Trademark Infringement
The judicial capacity of banding industrial property matters, including counterfeiting and infringement cases is vested in the Civil Court and the Criminal Court of the country.
Any person counterfeiting a registered mark or imitating it, or fraudulently use a counterfeit or imitated mark shall be liable to imprisonment.
A specific case that can be cited is about trademark “PIF PAF” (CIK CAN) and “PIF PAF” (CIK CAN) both registered on January 30 1985 under No. 352 and 353, respectively in the name of Cooper/McDougall & Robertson Limited.
The registered owner filed a case against the sale and use of an unregistered “K P BOF” in Arabic script” owned by Cohlum Ibn Farah. The plaintiff asked for a compensation of 1 million Qatari Riyals for damages, to prevent the defendant from using the trademark and the confiscation and seizure of all products bearing the infringing mark.
The court considered the launching of the products bearing “K P BOF,” an infringement to the registered trademark PIF PAF, and ordered the publication of the decision in the leading newspaper on the account of the defendant. Also, the court rejected the request for compensation, and that the court expenses should be divided between the plaintiff and defendant.
SAUDI ARABIA
THE PHARMACEUTICAL INDUSTRY
There are several pharmaceutical companies in Saudi Arabia. To mention some, there is the Saudi Company for Medical Supplies, Saudi Medical Products and many others.
THE LAWS
Pharmaceuticals can be protected under the patent and trademarks laws in Saudi Arabia.
Patent Law
The law governing registration of patents in Saudi Arabia is Royal Decree No. M/38 of 1989.
Saudi Arabia grants patent protection to pharmaceutical products. Article (4) of the Patent Law stipulates that “an invention may be any new article or a method of manufacture or involve an improvement in either of them.” Also, pharmaceutical products are not listed among what is not patentable.
Thus, pharmaceutical products as well as the process for their manufacture are protected under the patent law. The validity of a patent is 15 years and is extendible for an additional 5 years upon request. In Saudi Arabia the pharmaceutical products are also patentable for the same validity period and extendible as that for patents in any other field. Due to this reason, the majority of patent applications field in Saudi Arabia are related to pharmaceutical products.
The working requirement is that the patentee shall exploit the invention on a full industrial scale within 2 years from the date of grant. This period can be extended for a further period of 2 years upon request. A compulsory license may be granted only after the lapse of the extended period without the patent being fully exploited.
Trademark Law
The law governing the registration of trademarks in Saudi Arabia is
Royal Decree
No. 24 of 1974 as amended by No. 75 of 1984. Trademarks covering pharmaceuticals can be protected under the trademarks law. A trademark registration is valid for 10 years and renewable for like periods. A special feature of the Saudi Arabian trademarks law is that “marks identical with or similar to internationally famous marks are not registrable, even if they are not registered in Saudi Arabia.” Also, cancellation on the basis of non-use is possible only if the mark is not used effectively for 5 consecutive years. Also, there are no provisions for issuing a compulsory license in the absence of non-use. Assignment of a trademark shall be effected with or without the transfer of the business.
ENFORCEMENT OF THE LAW
Patent Infringement: Article (22) of the Patent Law stipulates that patentee may sue any person who utilizes his patent without his consent inside Saudi Arabia. The exploitation of product is embodied in the making, importing, offering-for-sale, selling or using the product as well as stocking such products for the purposes of offering for-sale, selling or using.
Since the examination of patent applications has not yet started and no patent has been granted, infringement of patent cannot be dealt with under the patent law.
Thus, there are no cases of Patent Infringements undertaken on the bias of the patent law in Saudi Arabia.
Trademark Infringement
Effective legal action can be taken for trademark infringement on the basis of the Trademark Law.
The steps that can be taken are:
(1) Sending a Cease and Desist letter to the infringer.
(2) Seizure of infringed items by order of the Grievances Court
(3) Taking a criminal action against the infringer at the Grievance Court
(4) Taking a simultaneous civil action, if compensation is desired.
1) Dettol/Bettol Case
The Fourth Review Committee of the Board of Grievances haded down a landmark decision from an appeal of the Ministry of Commerce against the Al Jazirah Factory of Cosmetics and Chemicals, local producer of the disinfectant BETTOL. The criminal case was brought against the defendant in 1988 for
passing off an imitation of the disinfectant sold under the mark DETTOL, owned by Reckitt & Colman U.K.
The Review Committee’s decision reversed the two prior decisions issued by the First Commercial Circuit of the Board of Grievances in Riyadh and reconciled a jurisdictional struggle between the Ministry of Commerce and the Court of First Instance (Board of Grievances) by recognizing the passing off as a legal cause of action based on trademark principles and emphasizes the role that the Ministry of Commerce plays on counterfeiting and trademark infringement .Two decisions that were reversed had ruled in favour of the defendant, and reversed appellate Decision No. 26. The Ministry of Commerce appealed Decision No. 47, asserting that the penalty was not consistent with the violation.
2)J&J Case
Johnson & Johnson sued its distributor Batterjee Factory for Cosmetics and Babycare Est. for marketing similar products bearing the identical container bottles shape, colors, get up/design, wording and general appearance of the labels to the Johnson & Johnson (“J & J”) products.
On J&J’s application for an order of attachment of the counterfeit goods, the 10th Commercial Circle of the Board of Grievances issued an attachment order which ordered an inventory report showing a detailed description of the machinery and tools used for the imitation of the J&J's trademark local and imported products goods or documents showing the imitated trademark which were to be found on the premises of Batterjee’s Factory. It further ordered attachment of such goods upon J&J’s furnishing of a bank guarantee, (i.e. bond) in a specified amount.
DILRENE vs DYRENE
Trademark application DILRENE of Sanofi SA was opposed by Bayer AG on the basis of their registered trademark DYRENE. But Bayer has withdrawn their opposition following a worldwide agreement between them and Sanofi.
DOVES design vs DOVES design
Trademark application DOVES design of Sanofi S.A. was rejected by the Registrar due to its similarity with a registered trademark “DOVES design” (a different design) of the Swiss company, Detergent Products AG.
A complaint was filed against the rejection to the OCC and OCC issued a decision in favor of Sanofi.
NUELHN vs NULENE
Trademark application JUMEX filed by Eif Sanofi has been rejected by the Registrar due to its similarity with the registered trademark “DUMEX” of A/S Dumex. A complaint was filed to the OCC but it was rejected. An appeal has been filed to the Minister of Commerce, and it was accepted on condition that the mark “JUMEX” is written in a special script form.
Unfair Competition
Relief may sought for both patent and trademark infringement in the Grievance Court on the basis of unfair competition. However, we have no precedent cases to be quoted.
SUDAN
THE PHARMACEUTICAL INDUSTRY There are nine factories operating in the field of medical productions in Sudan. Sudan dose not export pharmaceutical products but it imports them to satisfy its needs. Most of the imported pharmaceutical products come from Switzerland and England and especially from Jordan.
The law governing medical drugs in Sudan is the Pharmaceutical and Poisons Law which came into effect on October 31, 1963. The said law stipulated in Article No.4 that each person must legally enter his name for the purpose of:
1. Trademark pharmaceuticals on practising the pharmaceutical profession.
2. Preparing, mixing, composing or dispensing any drug (wholesale or retail) when practicing any business or profession under the direct supervision of a registered pharmacist.
Also, Article 22-1 of the said law prohibits manufacturing drugs which are not registered with the General Health Council as well as the importing, exporting, sale, displaying for sale, re-selling, purchasing, transporting or processing the same.
THE LAWS
Patents concerning pharmaceuticals can be protected under Patents Act No.58 of 1971 and Patents Regulations 1981, both effective January 1983. Pharmaceutical products are patentable under this law.
Patent is valid for 2 years from the filing date. Within four years from the date of filing or 3 years from the date of the grant, the patent shall be worked; otherwise a compulsory license may be granted.
Trademark Act No.8 of 199 and Trademark Rules of 1969 governs the protection of trademarks, including pharmaceuticals.
Registration is valid for a period of 10 years and renewable for the similar periods. Assignment and licenses should be recorded.
ENFORCEMENT
Patent Infringement A registered owner of a patent whose rights are infringed, or are threatened to be infringed, may institute proceedings to prevent or prohibit the infringement. Civil damages are available. Penal sanctions may be imposed on intentional infringers.
Trademark Infringement Anyone with the intent to deceive imports any goods bearing a mark which would constitute an infringement of a duly registered mark or imports goods that are wrapped, packed, or prepared as to enable the goods to be passed off as the goods of another manufacturer will be liable upon conviction to imprisonment or to a fine or both.
The court before which anyperson is charged as aforesaid may order all goods to be confiscated and destroyed.
SYRIA
THE PHARMACEUTICAL INDUSTRY
The number of factories producing pharmaceuticals are 43, which produces 75% of the country’s needs. As to the rest of the needs of Syria, they are imported from abroad. Import is only allowed of drugs not produced locally. The pharmaceutical industry is subject to the decisions and instructions of the Ministry of Health, among which is regulatory decision No. N/25dated 12.7.95 which determines the technical and sanitary conditions which should be available in the pharmaceutical factory and regulatory decision No. T/24 dated 14.6.90 which determines the technical and sanitary requirements in the local manufacturing units.
Industrial establishments in Syria are exempt of many taxes for periods depending on the types of taxes. Also, on 4.5.91, Investment Law No. 10 was issued and granted many advantages, guarantees and tax exemptions.
THE LAWS
Trademark Law
Legislative Decree No. 47 issued on October 9, 1946 and amended by Law No. 28 dated 3/4/1980, governs the protection of trademaks including those which cover pharmaceuticals.
A trademark registration is valid for ten years as of the registration date. A trademark is renewable for similar periods. It is noteworthy that the registration of all trademarks covering soaps and detergents in Class 3 and pharmaceuticals and medicinal in Class 5to be offered for sale in Syria is compulsory. The registration of this type of trademarks requires additional documents to be completed. The ownership of a trademark becomes conclusive after 5years as of the registration date.
Patent Law
Working through importation is forbidden unless an international convention to which Syria has adhered permits otherwise. The law that provides for the protection of patents including patents covering pharmaceuticals is Legislative Decree No. 47 and its amendment.
A patent is valid for 15 years, but an extension of the validity is possible. Working of a patent is compulsory within 2 years as of the date of the grant and within 3 years for patent applications claiming priority.
Assignment and licenses must be recorded in order to be valid to third parties. The Syrian law recognizes the use of Intellectual Property as security for a debt. Agreement may be recorded at the Syrian Protection Office.
ENFORCEMENT
Patent Infringement
Anyone injured, or the public prosecutor may initiate proceedings for confiscation of offending articles. The court is empowered to order destruction of the articles and payment of damages to the injured party. Falsely, marked goods may not be imported and are liable to seizure by the Customs Office.
TUNISIA
THE LAWS
Patent Law
Patent covering pharmaceuticals, just like any other patent, can be protected under Decree of December 26, 1888 and Law 66-82 August 6, 1982.
Formulas or combinations relating to food products or medicines are not patentable, although processes for making such food products or medicines are patented. Importation of patented articles may not exceed local production. Working must be effected within 3 years from the date of filing or two years from the date of grant in Tunisia and must not be interrupted for two consecutive years. The validity of a patent is 20 years from the filing date.
Trademark Law
Decree of June 3, 1889, as amended in 1983, governs the registration of trademarks including trademarks concerning pharmaceuticals.
The registration of a trademark is granted for 15 years from the date of application and renewable for like periods indefinitely. Assignment may be effected with or without the good will of the business.
ENFORCEMENT
Patent Infringement Actions may be brought for seizure of goods, payment of damages and fines, or imprisonment.
Trademark Infringement All foreign products bearing the mark or the name of a manufacturer residing in Tunisia, or the indication of a name or a place of manufacture in Tunisia will be prohibited entry and excluded from transmit and storage, and may be seized in any place whatsoever either by the Customs Administration or on
request of the Public Minster of the wronged party.
UNITED ARAB EMIRATES
THE PHARMACEUTICAL INDUSTRY
The United Arab Emirates consists of seven Emirates namely Abu Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al Quwain. A statistical book issued by the ministry of Planning reported that the population of the United Arab Emirates was 2,011,000 in 1992.
Julfar is the only manufacturer of drugs in the United Arab Emirates. Its capital is DH 140,000,000 (US $ 38,356,164). The latest figures for the United Arab Emirates pharmaceutical product exports amounted to US $ 4.5 million in 1992; importation amounted to US $ 170 million (1992) and re-exportation amounted to US $ 9 million.
THE LAWS
Trademark Law
Union Law No. 37 of 1992 which regulates the registration, nullification, assignment and license to use trademarks.
A registration is valid for a period of 10 years, renewable for like periods. Assignment may be made with or without the goodwill.
12403 trademark applications have been filed at the Ministry up until August 1995; 7% of them relates to pharmaceutical products.
Before the introduction of the federal trademark laws, applications for protecting trademarks were filed at the Ras Al-Khaimah Chamber of Commerce, Industry and Agriculture as well as publishing cautionary notices in the local newspapers in respect of other member Emirates.
Patent Law is the Law No. 44 of 1992 which deals with Industrial Properties. Article 6 of this law states that the protection of medical or pharmaceutical products is granted only for those method of manufacturing or composing. Article 16 of the Implementing Regulation insists on providing a sample of chemical inventions relating to dietetic drugs or pharmaceutical products as well as procedure of application.
Chemical inventions relating to foodstuffs, medical drugs or pharmaceuticals are not protectable; however, the processes are patentable.
Ordinary patent protections lasts for 15 years beginning on the date of filing of the application. However, patents granted for the process of producing foodstuffs, medical drugs or pharmaceuticals are for a non-renewable term of 10 years.
ENFORCEMENT
Patent Infringement
Infringement is punishable by imprisonment, fines or both. The owner is entitled to ask the competent court, during the trial of any civil or penal law suit, or before filing a claim, to issue a precautionary seizure against the infringing product or method. The impounding party must initiate a lawsuit eight days from the issuance of the impounding order.
Trademark Infringement
Registrants may, at any time, petition for injunctuve relife from trademark infringement. They may also petition for seizure of goods bearing counterfeited, imitated, or unlawfully affixed marks.
YEMEN (North & South)
THE PHARMACEUTICAL INDUSTRY
In the Republic of Yemen, the first and only company involved in the manufacture of medicines is the Yemeni Drug Company. It was established in 1978. There is no export activities and the shortage of drugs are covered by importing pharmaceutical products abroad.
For purposes of selling pharmaceutical products, the products should be registered with the Supreme Board of Drugs and Medical Appliances.
THE LAWS
Intellectual Property Law No.19 of 1994 governs the protection of patents, industrial models, copyrights and trademarks.
Patent Law
Registration of patents under the Intellectual Property Law No 19. have not been implemented yet in the absence of its implementing regulations, and because there is still no existing Patent Office.
Under the law, non-chemical inventions related to foodstuffs, medicines or pharmaceuticals are not patentable. However, if these products are manufactured in special chemical methods, a patent may be granted for the methods of manufacture, not for the products themselves.
A patent is granted for 15 years calculated from the date of its filing. After that, the invention will be owned by the state.
Trademark Law
Pharmaceutical trademarks are protected under Intellectual Property Law No. 19 of 1994 just like any other trademarks. Registration of a trademark is valid for 10 years and renewable for similar periods.
A mark can only be transferred with the goodwill of the relevant enterprise.
ENFORCEMENT
Trademark Infringement
Anyone who knowingly imitates or counterfeits a registered trademark or uses a registered trademark which is imitated, counterfeited or fixed on his/her products or attaches to his services a mark registered to others, sells, offers for sale or circulation or acquires for the purpose of selling products on which there is an unlawfully imitated, counterfeited or a fixed mark, shall be considered as having violated the legal protection provided for the trademark.
Article 116 provides the holder a registration certificate to request compensation.
ALGERIA - The local industry covers only 20% of the country’s needs.
- Imports from Austria, France, Italy, Jordan, and Spain.
- Leading factory is the governmental institution
'Sidal’.
- Patent Ordinance No. 66-54 of March 3, 1966.
- Pharmaceutical products and processes are patentable.
- TM Ordinance No. 67-57 of March 19, 1966 and amendments.
- Patent law provides for penalties to violations of
rights.
- TM law provides for penalties for violations of rights.
BAHRAIN - There is no local pharmaceutical industry in Bahrain.
- The country’s needs are catered for by imports.
- The patent, design and trademark regulations of 1955 and its amendments.
- Trademark legislative decree No. 10 of September 6,
1991.
- Patent law provides that the court may issue
injunctions and order infringing articles to be confiscated.
- TM law provides for penalties for infringement of rights.
EGYPT
- 20 pharmaceutical companies of which 11 are public sector ones.
- Approximately US $20 million exports. Approxiamatly US $ 120 million imports.
- 85 PTMS were registered in 1994. 138 PPTS were filed in 1994.
- Patents and industrial designs law no. 132/1994.
- Patents are granted to processes, not to products.
- Trademark law no.57of 1939 and subsequent amendments.
- Authorities exercise strict control on pharmaceuticals
- Patent law provides for penalties for violation of rights.
- TM law provides for penalties for infringement on rights.
- “Gerber Baby Head Device” vs “Alsamen Baby Head Device”.
IRAQ
- Leading manufacturer is “Samerra”, a state-owned company.
- No. of exports/imports are under the supervision of U.N. sanctions.
- Patents and Industrial Designs Law No.65 of 1970.
- Trademark Law No.21 of 1957 and subsequent amendments.
- Patent law provides for penalties for violation of rights.
- TM law provides for penalties for infringement of rights.
JORDAN
- The industry started in 1960. Total of 28 pharmaceutical companies.
- The Arab Pharmaceutical Manufacturing Co. first founded.
- Products should be registered prior to use in Jordan.
- Patents and Industrial Designs Law No.22 of 1953.
- Patents are granted to processes, not to products.
- Trademark Law No.33 of 1952.
- Patent cases are heard at the first instance court. If not aware of patent, the defendant avoids payment of damages.
- TM law provides for penalties for infringement of rights.
- TM “Q8” vs. Kuwait's “Astra”; TM “Unisporm” vs. “Neosporin.”
Kuwait
- One state-owned factory, closed after the Iraqi invasion. No pharmaceutical industry.
- Pharmaceuticals are imported to cater for the free health-care scheme granted by the state.
- Patent law No.4 of 1962. Patent applications are
pending.
- Pharmaceutical products are not patentable, but the
processes for manufacturing them are.
- Trademark law No.2 of 1962. Foreign home registration.
- Patent law provides for penalties for violation of rights.
- TM law provides for penalties for infringement of rights.
LEBANON
- Lebanon has no significant pharmaceutical industry.
- The country’s needs of pharmaceuticals are imported.
- French High Commissioner’s order of 1924 and Lebanese
law of January 31, 1946.
- Pharmaceutical products are not patentable, but the
processes for manufacturing them are patentable.
- French High Commissioner’s order of 1924 and Lebanese
law of January 31, 1946 and decree No. 245 of February 23,1983.
- Patent law provides for penalties for violation of rights.
- A recidivist is subject to banishment from the industry.
- TM law provides for penalties for infringement of rights.
LIBYA
- Libya has no pharmaceutical industry.
- The countrv's needs for pharmaceutical products are imported.
- Patent law No. 8 of 1959. All applications are pending.
- Pharmaceutical products are not patentable, but the processes for manufacturing them are patentable.
- Trademarks law No.40 of August 11, 1956 and amending
law No. 3 of 1962. All applications are pending.
- Patent law provides for penalties for violation of rights.
- A recidivist is subject to banishment from the industry.
- TM law provides for penalties for infringement on rights.
- The court may order seizure of counterfeits; and dubious goods can be stopped at customs.
MOROCCO
- 80 pharmaceutical companies; 200 international groups. Local production caters for 80% of the country’s needs. Local production value in 1994 was at about US $ 330 million.
- The value of exports in 1994 was about US $25 million.
- Ministry of health authorizes putting medicine for
sale.
- Industrial Property Law of 1916 applicable to Casablanca.
- Industrial Property Law of 1938 applicable to Tangiers.
- Patents are granted to processes, not products under the new law. Pharmaceutical preparations are patentable.
- Patent law provides for penalties for the violation of rights.
- TM law provides for penalties for infringement of rights.
- Well-known marks are protected without registration.
OMAN
- Oman has no significant pharmaceutical industry. Just one company which produces certain materials for antibiotics.
Constancy tenders for setting up 2 plants were invited.
- The average value of imports per year are approximately US $ 65 million.
- There is no patent law. Oman has adopted the model unified patent law of the GCC and is expected to implement it in the near future (implementing regulation published).
- TM law issued under decree No. 68/87 of October 5, 1987.
- Protection is not available under patents.
- TM law provides for penalties for infringement of rights.
- Ministry of trade & industry may order closure of the
offending premises pending issue of a court ruling.
QATAR
- Qatar has no pharmaceutical industry.
- The country’s needs are imported by the private sector and the Qatari ministry of health.
- There is no patent law. Cautionary notices are applicable.
- TM law issued under decree No. 68/87 of October 5, 1987.
- Protection is not available under patents.
- TM law provides for penalties for infringement on rights.
- Ministry of trade & industry may order closure of the
offending premises pending issue of a court ruling.
SAUDI ARABIA
- - Several pharmaceutical companies: The Saudi company for Medical Supplies and the Saudi Medical Products Company.
- No information on imports, exports, and production value.
- Royal decree no. M/38 of 1989 (the Patent Act).
- Pharmaceutical products as well as manufacturing
processes are patentable in Saudi Arabia.
- Royal decree No.24 of 1974 as amended by No.75 of 1984.
- Well-known marks enjoy a special status in Saudi Arabia.
- Protection not yet available under the patent law.
- TM law provides for penalties for infringement on rights.
- “Dettol” vs. “Bettol” and “Hexalene” vs. “Hexaclean”. SUDAN
- 9 pharmaceutical companies.
- No exports. Country’s pharmaceutical needs are imported.
Imports are from Switzerland, England and Jordan.
- Pharmaceuticals and poisons law dated October 31,
1963 governs trade, practice and manufacture of
drugs.
-The Patents Act No.58 of 1971.
- Pharmaceutical products are patentable.
- Trademark law No.8 of 1969.
- Patent law provides for penalties for violation of registration.
- TM law provides for penalties for infringement on rights.
SYRIA
- 43 pharmaceutical companies cover 75% of country’s
needs.
- 25% of country’s pharmaceutical needs are imported. Only drugs not produced locally may be imported.
- Health ministry (Dec. No.47 of 1945) controls industry.
- Patent legislative decree No.47 of 1946 and its amendments.
- Pharmaceutical products are not patentable.
- TM decree No. 47 of 1946 later amended by law No. 28 of 1980.
- Compulsory registration of sold goods in Classes 3 and 5. - Patent law provides for penalties for violation of rights.
- TM law provides for penalties for infringement on rights.
TUNISIA
- No information is available on the pharmaceutical
industry.
- Patent decree of 1888 and law No. 66 dated August 6, 1982
- Pharmaceutical products are not patentable, but the processes for producing them are patentable. .
- Trademark decree of 1889 as amended in 1983.
- Patent law provides for penalties for violation of rights.
- TM law provides for penalties for infringement of rights.
UNITED ARAB EMIRATE
(Abu Dhabi, Dubai, Sharjah, Ras al-Khaimah, Ajman, Fujairah, and Umm Al Quwain)
- “Julfar” is the only manufacturer.
- Imports are at about US $ 170 million. Exports at about
US $ 4.5 million. Re-exports at about US $9 million.
- Patent law No.44 of 1992.
- Patents are granted to processes, not to products.
- Pharmaceutical process patents are for 10 years only. L
- Trademark law No.370 of 1992.
- By August 1995, 12,500 trade mark applications were filed,
75 of which relate to pharmaceutical products.
- Patent law provides for penalties for violation of rights.
- TM law provides for penalties for infringement of rights.
PALESTINIAN NATIONAL AUTHORITY
(West Bank of Jordan and Gaza Strip)
- 7 pharmaceutical companies investing about US $ 45 million.
- Local industry caters for about 60% of the needs.
- The value of imports is about US $55 million.
PATENTS
- West Bank: Jordanian Patents and Designs law No.22 of
1953.- Gaza Strip: Palestinian Trade Mark and Patent law of
1938.
trade marks
- west bank: Jordanian trade Marks and Patent Law of
1938.
- Gaza Strip: Palestinian Trade Mark and Patent Law of
1938.
- Patent law provides for penalties for violation of rights.
- TM law provides for penalties for infringement of rights.
REPUBLIC OF YEMEN
- The first and only manufacturer: The Yemeni Drug
Company.
- No exports. Country’s needs are imported (mainly Jordan).
- Sale of drugs requires registration with the board of drugs and medical appliances.
- Intellectual property law No. 19 of 1994 concerning
patents, industrial models, copyrigting and trademarks.
- Pharmaceutical products not patentable, processes
are.
- No patent office and no implementing regulation.
- Patent law not implemented.
- Tm law provides for penalties for infringement of rights.
Other Arab Countries
DJIBOUTI (OAPI)
- Libreville Accord of 1962 and Bangui Accord of 1977.
- Pharmaceutical products are patentable.
MAURITANIA
- Libreville Accord of 1962 and Bangui Accord of 1977
- Pharmaceutical products are pratentable.
SOMALIA
- Patents: Act No. 1 of 1955 and law No.3 of 1987.
- Products and processes are not patentable.
- Trademarks: Ordinance No.5 of 1995 and law No.3 of
1987.
- Intellectual property blocked due to civil war in
Somalia.
ERITREA
- Intellectual property system not yet establish.