WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/BHRlD/l 
11 May 2004 
(04-2113) 
Original: English! 
anglais/ 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BAHRAIN 
The present document reproduces the texe of the Draft Law (2001) on Industrial Designs, 
which is under consideration by the competent authorities of the Bahrain Government, notified by 
Bahrain under Article 63.2 of the Agreement by means of a communication from its Delegation dated 
28 November 2001. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BAHREIN 
Le present document contient Ie texte1 du projet de Loi de 2001 sur les dessins et modeIes 
industriels, actuellement examine par les autorites competentes du gouvemement bahreinite et notifie 
par Bahrein au titre de l'article 63:2 de l'Accord dans une communication de sa delegation datee du 
28 novembre 2001. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
BAHREIN 
En el presente documento se reproduce el texto1 del proyecto de Ley de Dibujos y Modelos 
Industriales de 2001, que esta siendo examinado por las autoridades competentes del Gobiemo y que 
Bahrein ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo mediante una comunicaci6n 
de su Delegaci6n de fecha 28 de noviembre de 2001. 
1 In English only.lEn anglais seulement.lEn ingles solamente. IP /N/IIBHRlDIl 
Page 2 
DRAFT LAW NO. ----(2001) ON INDUSTRIAL DESIGNS 
PART I: GENERAL PROVISIONS 
Article 1 
For the purposes of this Law, any composition of lines or colors or any three­
dimensional form, whether or not associated with colors, is deemed to be an industrial 
design, to be used in a product of industry or handicraft, provided that such 
composition or form gives a special pattern for the industrial product. 
Article 2 
Protection provided for under this Law shall not prejudice the literary and 
artistic rights associated with industrial designs accorded under legislation or 
international conventions and treaties to which the State of Bahrain is party. 
Article 3 
Where an application for the registration of an industrial design is filed in a 
Member of the World Trade Organization or in a State holding reciprocal relations 
with the State of Bahrain, any interested person, or his successor in title, may file an 
application for the registration of the same industrial design in accordance with the 
requirements, conditions and procedures provided for under this Law, within one year 
:from the filing date in the foreign country. In such case, the date of the initial deposit 
shall be the basis for determining the priority right. 
Article 4 
Without prejudice to the provisions of international conventions in force in the 
State of Bahrain, any natural person or legal entity from the State of Bahrain, from a 
Member of the World Trade Organization or from a State holding reciprocal relations 
with the State of Bahrain, shall be entitled to file an application for the registration of 
a patent in accordance with the provisions of this Law. lP /N1l/BHRlDIl 
Page 3 
PART II: REGISTRATION OF INDUSTRIAL DESIGNS 
Article 5 
a) The competent authority at the Ministry of Commerce and Industry shall 
establish a register to be known as the "Register of Industrial Designs" where 
are recorded applications for the registration of industrial designs as well as all 
related data. Procedures for the filing, examination and registration of 
applications shall be detemrined in the Regulations under this Law. An 
application may contain more that one design being one homogenous unit. In 
such case, a prescribed fee shall be paid for each industrial design. 
b) An application for registration of an Industrial Design , shall be filed with the 
competent Directorate by the concerned person, or his representative, using the 
prescribed from and in accordance with the provisions set forth in this Law 
and pursuant to the terms, conditions and procedure prescribed in the 
Implementing Regulations. The competent authority shall decide on the 
application for registration within 30 days upon fulfillment of conditions and 
requirements provided for under this Law and its Regulations and relevant 
Decisioris. Where no decision is taken on the application within that period, it 
shall be understood that the application is rejected. 
Where the competent authority accepts the registration , it shall publish such 
decision, in the manner prescribed under the Implementing Regulations. 
c) Any interested person may, within 60 days from the date of such Publication, 
challenge the registration of the mark in a reasoned written petition addressed 
to the competent authority. The competent authority shall inform the applicant 
of such petition within 30 days from its submission. The applicant may, within 
30 days from the date on which he is informed, provide the competent 
authority with a written reply to such petiton, otherwise it shall be understood 
that he has withdrawn his application and the registration is to be deemed void. 
Before deciding upon the petition challanging the registeration, the competent 
authority shall hear the partities if requested to do so by either of them. The 
competent authority shall decide upon the petition within 60 days of its receipt 
ofthe challenge failing which the challenge is to be deemed rejected. IP INII IBHRlDIl 
Page 4 
Article 6 
a) An industrial design is registrable ifit satisfies the following conditions: 
i) if it is new and has not been disclosed to the public, in the State of Bahrain 
or abroad, by any manner including use and publication, prior to the filing date 
or, where applicable, the priority date of the application for registration, in 
accordance with the provisions of this Law; 
ii) if it is created in an independent manner and may be used as a product of 
industry. 
b) Notwithstanding item (i), an industrial design shall not lose the novelty feature if 
this presentation or description is done prior to the filing of the application for 
registration with the Member of the World Trade Organization or the State 
holding reciprocal relations with the State of Bahrain; or if the presentation is 
organized in a national or international exhibition; or if the industrial design is the 
subject of a publication in a conference or a scientific periodical; within a period 
not exceeding one year prior to the filing date of the application for registration in 
the State of Bahrain. 
c) The registration of industrial designs which are contrary to public order or 
morality and those normally requiring artistic or functional considerations with 
regard to the product, shall be prohibited. 
Article 7 
The owner of the industrial design, or his successor in title, shall be entitled to 
a certificate for the registration of such industrial design. Where the innovation is the 
result of a collective work by several persons, they shall all be equally entitled to the 
certificate, unless agreed otherwise. Any person whose efforts are limited to assist in 
the implementation of the design without contributing in any inventive step shall not 
be a creator nor be considered as such. IP /N/IIBHRlDIl 
Page 5 
Where an industrial design is invented by many persons working 
independently from each other, the right to registration shall belong to the person who 
files, before the others, the application for the registration of the industrial design, or 
the person who claims priority for the same invention before others. 
Article 8 
In case of a contract between two persons for the creation of an industrial 
design, the employer shall be entitled to all economic rights derived from the 
invention, unless agreed otherwise. 
In all cases, the industrial design shall always be attributable to its inventor. 
Any agreement preventing the employee from the benefits provided for under this 
Article shall be void. 
PART ill: PROTECTION OF INDUSTRIAL DESIGNS 
Article 9 
The protection prescribed for an industrial design under this Law shall grant 
its owner the right to prevent others from selling, importing or manufacturing, for 
commercial purposes, any product whose design has been reproduced in its entirety or 
parts thereof 
Article 10 
The duration of protection for industrial designs shall be 10 years from the 
:filing date of the application for registration. Protection may be renewed for a further 
five years if the owner of the design files a new application during the final year, in 
accordance with the manner determined in the Regulations under this Law. 
Article 11 
Industrial designs exposed by any creator in exhibitions organized in the State 
of Bahrain or abroad shall enjoy provisional protection until a decision is taken 
thereon by the Minister of Commerce and Industry in accordance with the provisions 
and procedures determined under the Regulations and pursuant to the provisions of 
international conventions and treaties in force in the State of Bahrain. IP /N/l/BHRJD/l 
Page 6 
Article 12 
Any interested person may request from the Supreme Civil Court to cancel the 
registration of an industrial design if the registration is effected for a person other than 
the actual owner of the design, or if the registration is contrary to the provisions of 
Articles 2 and 4 of this Law. 
The competent authority at the Ministry of Commerce and Industry shall 
cancel such registration upon reception of a final order thereon. 
Article 13 
Any person shall have access to the Register of Industrial Designs and obtain 
extracts thereof in accordance with the procedures and requirements and after 
payment ofthe fees prescribed under the Regulations. 
PART IV: TRANSFER, LICENSING, MORTGAGE AND SEIZURE OF 
INDUSTRIAL DESIGNS 
Article 14 
An industrial design may be transferred in full or in part, with or without 
compensation, including through inheritance or license of exploitation. 
Transfer of property -except through inheritance -and licensing shall be 
subject to payment of a fee and recorded in the Register of Industrial Designs after 
payment of the prescribed fee. The transfer of an industrial design may not be used as 
evidence against a third party unless it is recorded in the Register. 
Article 15 
The creditor may seize an industrial design owned by the debtor under the law 
governing civil and commercial proceedings for the seizure of movables or the 
debtor's holdings by third parties. [sic: The competent authority shall exempt 
provisions concerning the declaration by the party seizing of his property to the party 
being seized]. Article 16 IP INIlIBHRlDIl 
Page 7 
An industrial design may be mortgaged as a guarantee for a loan. Such 
mortgage shall be recorded and published in a manner determined under the 
Regulations. The mortgage of an industrial design may not be used as evidence 
against a third party prior to the date of its recordal. 
Article 17 
Any interested person may file an opposition with the Minister of Commerce 
and Industry against any decision issued pursuant to the provisions of this Law, within 
30 days from the date he is notified of the decision. Decision on such opposition shall 
be taken within 30 days from its :filing date. The interested person shall be notified of 
the decision taken concerning his opposition within 30 days from the date on which 
such decision is taken. "Where the interested person does not receive any notification, 
it shall be understood that such opposition is rejected. Any person whose opposition is 
rejected or deemed to be rejected may file an appeal before the competent court 
against such decision. An appeal may lie to the court only after opposition to the 
decision is submitted, the decision rejecting the opposition is issued, or no reply is 
given within the appropriate period. 
PART V: PROVISIONAL MEASURES AND SANCTIONS 
Article 18 
(a) The President of the competent court may, upon demand from the right holder 
and pursuant to an order issued on the basis of a request, order one or more of the 
following procedures and any other appropriate provisional measures, in case of, or to 
prevent any infringement of any right provided for under this Law: 
1. Preserving the evidence and establishing an official record and a detailed 
description of machines and tools used for that purpose, and maintain the relevant 
evidence; 
2. Provisional seizure of the objects referred to in the preceding paragraph. 
3. Order the infringement to be ceazed or to prevent it from taking place. IP INIlIBHRlDIl 
Page 8 
(b) The request shall be accompanied by sufficient evidence proving that the 
applicant is the right holder and that such right is, or is likely to be, subject to 
infringement. 
The President of the court may require from the right holder to provide the 
necessary information to assist the authorities responsible for implementing the 
provisional measure. 
(c) The President of the court may, as appropriate, issue the said order urgently 
without summoning the other party -where any delay in issuing such order is likely to 
cause irrecoverable damage to the applicant or result in the destruction of evidence -
provided that the ,other party is notified upon' issuing that order. This order 
-. 
establishing any such measures may include the designation of one or more experts to 
assist in implementation and prescribe the deposit of an appropriate bank: or money 
bail for the safeguard against any unfair prejudice deriving from the procedure. The 
person against whom the order is issued may file an appeal with the competent court 
within ten days from the date on which the order is issued or on which he is notified, 
as the case may be. In such case, the Court may confirm the order or reject in full or in 
part. 
(d) The case concerning the substance of the conflict shall be initiated within 15 
days from the date on which the order is issued, otherwise the measure taken shall be 
void. 
Article 19 
Without prejudice to any more severe sanction provided for under any other Law, any 
person who, knowingly and unlawfully, performs one of the following acts shall be 
punishable by imprisonment for a period of at least three months and not exceeding 
one year and by a fine of at least 500 Dinars and not exceeding 2000 Dinars or by 
either one: 
(a) the act of reproducing a protected Industrial-design without the 
authorization of the right holder; IP IN/l/BHRID/l 
Page 9 
(b) the act of selling, distributing or importing a registered Industrial-
design or a product in which an integrated circuit is incorporated, without the 
authorization of the right holder. 
The court may prescribe the publication of the order in one or more issues of a 
daily newspaper at the expense of the party against whom the decision is taken. 
In case of a second offence, infringement shall be punishable by imprisonment 
for a period of at least three months and not exceeding two years and a fine of at least 
500 Dinars and not exceeding 4000 Dinars or by either one, together with the closure 
of the commercial establishment or business or the cease of the activity, as the case 
may be, for a period of at least 15 days and not exceeding six months. Such order 
shall be published in one or more issues of a daily newspaper at the expense of the 
party against whom the decision is taken. 
In case of conviction, the court may order the seizure or destruction of the 
products or goods obtained from the offence, including imported articles upon their 
arrival, as well as the machines and tools used for that purpose. 
In case of discharge, the court may order the seizure or destruction of the 
objects referred to in the preceding paragraph if they have caused any damage or been 
used to infringe the rights of the right holder. 
The General Prosecutor shall initiate sanctions on the offences referred to in 
this Article. 
PART VI : MISCELLEANOUS PROVISIONS 
Article 20 
Officials designated by the Minister of Commerce and Industry shall have the 
capacity to ensure implementation of the provisions of this Law and relevant 
decisions. For that purpose, they may establish official records on infringements of 
the provisions of the Law and refer them to the general prosecutor. IP /NI1 IBHRlDIl 
Page 10 
Artide 21 
The Minister of Commerce and Industry shall issue the implementing 
decisions containing detailed provisions concerning the application of this Law, 
particularly: 
(a) organizing the administration for registration of industrial designs and 
maintaining Registers; 
(b) determining fees for recordal, renewal, extracts. and certificates, as well as 
the procedures provided for under this Law, as appropriate. 
The determination or amendment of those fees shall be subject to approval by 
the Cabinet. 
Article 23 
The Minister of Commerce and Industry shall ISsue the Regulations and 
Decisions necessary for the implementation ofthis Law. 
Article 24 
MiniSters shaJ1, each within-their capaclty, implemem tlHs Lawjrom the date 
o~ w~his jfpublished in the Official Gazette. 