WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/NIl/BHR/P/2 
11 May 2004 
(04-2099) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BAHRAIN 
The present document reproduces the textl of the Draft Law (2001) on the Protection of Plant 
Varieties, 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 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BAHREIN 
Le present document contient Ie textel du projet de Loi de 2001 sur la protection des varietes 
vegetales, actuellement examine par les autorites competentes du gouvemement bahrelnite 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 pA.RRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
BAHREIN 
En el presente documento se reproduce el texto 1 del proyecto de Ley de Protecci6n de las 
Obtenciones Vegetales de 2001, que esta siendo examinado por las autoridades 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. 
I In English only'/En anglais seulement.!En ingles solamente. IP INIl/BHRIP /2 
Page 2 
DRAFT LAW NO. ----(2001) 
ON THE PROTECTION OF PLANT VARIETIES 
Article 1 
For the purposes of this Law, the following terms and expressions shall have 
the meaning given to each, unless otherwise required by context: 
Ministry: the Ministry of Commerce and Industry; 
Minister: the Minister of Commerce and Industry; 
plant breeder: person who created, bred, discovered or developed a variety; 
protected variety: any variety covered by the plant breeder's right under the 
conditions and procedures set out in this Law and its Regulations. 
Article 2 
The competent authority at the Ministry shall establish a register to be known 
as the "The Register of Plant Varieties", in which are entered applications for 
protection as well as all information pertaining to it and its exploitation and disposal 
in accordance with the provisions of this Law and its Regulations and Decisions. 
Procedures for the filing, examination and registration of applications shall be 
determined under the Regulations. 
Article 3 
Without prejudice to the provisions of international treaties in force in the 
State of Bahrain, any natural person or legal entity being a national of 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 apply for the 
protection of a plant variety. Article 4 IP /N/1/BHRIP 12 
Page 3 
In order to be protected, a plant variety must be new, distinct, uniform, stable and 
must be designated by a denonrination. 
A variety is new if, up to the date of the application for its protection, no 
propagating material of the variety has been sold or distributed by the breeder or with 
his consent, for the purpose of exploitation of such variety. The variety shall not be 
deemed new if it has been marketed for more than one year in the State of Bahrain. If 
it has been marketed or distributed abroad, the period shall not exceed 6 years for 
trees and vines, or 4 years for other plants. In all cases, the prior period starts from the 
date of the application. The novelty condition is not lost if the variety is sold or a right 
to exploit it has been granted elsewhere before protection is granted. 
A variety is deemed distinct if it is distinguishable by at least one clear 
characteristic from other known varieties. 
A variety is deemed uniform if the differences between its elements are within 
generally excepted limits. 
A variety is deemed stable if, after repeated propagation, its main characteristics 
remain unchanged. 
Article 5 
The owner of a protected plant variety shall enjoy the right to use and exploit 
the protected variety by all means, including production, propagation, disposal to 
others, sale, marketing, offering for sale, importation or exportation. 
Article 6 
The right to the protection of a plant variety shall be granted to the breeder 
himself or his successor in title, or, if the plant variety is the result of a joint work by a 
number of persons, it shall belong to all of them equally unless they have agreed 
otherwise. Any person whose efforts were limited to execution may not be considered 
as partner. IP INIlIBHRIP /2 
Page 4 
Where the plant variety is the result of efforts by more than one person 
working separately from each other, the right for protection shall belong to the first 
applicant. 
Article 7 
Performance of one or more of the following acts by a tliird party without 
prior consent from the breeder shall not be considered as infringement of a protected 
variety: 
1. activities for experimental or research purposes; 
2. private use of propagating material which is the product of the harvest 
of a farmer on his own holdings for planting purposes. 
Article 8 
A breeder of a protected plant variety who, himself or with his consent, has 
sold or otherwise marketed such variety may not prevent a third party from 
performing any of the following acts: 
1. further propagation of the variety; 
2. export of material of the variety, which enables the propagation of the 
variety, into a country which does not protect varieties of the plant genus or species to 
which the variety belongs, except where the aim of the export is consumption. For the 
purposes of this paragraph, the term "variety" shall mean the following: 
(a) propagating material of any kind, 
(b) harvested material, including entire plants and parts of plants, 
( c) any product made directly from the harvested material. 
Article 9 
The period of protection of plant varieties shall last 25 years calculated from 
the granting date for trees and vines, and 20 years for others. IP /NIlIBHRIP 12 
Page 5 
The variety subject of the application for the grant of protection shall be 
granted provisional protection from the filing date until the publication of the 
declaration of approval of protection. During such period, the ovmer of the variety 
shall be entitled to indemnity from any person who performs any of the acts that 
require the breeder's authorization in accordance with the provisions of this Law and 
under two conditions: that protection is actually granted for the plant variety and that 
the offender is notified -by the breeder -that such act is considered as infringement of 
his right. 
Article 10 
A non-exclusive non-voluntary license may be granted, by decision from the 
competent authority at the Ministry and in accordance with the rules and procedures 
determined under the Regulations, against use and exploitation of the protected 
variety without the plant breeder's consent in cases required by public interest. 
The plant breeder is entitled to a fair compensation against that. 
Article 11 
Applications for the registration of a variety shall be filed by the plant breeder 
with the competent authority at the Ministry using the appropriate form in order to 
obtain a certificate of protection. The registration, certificate of protection shall be 
published as well as relevant decisions, requests and orders shall be published as 
determined under the Regulations. Rules and procedures for notification, 
consideration of opposition and decision thereon shall be determined under the 
Regulations. 
Article 12 
The certificate of protection shall be issued according to the procedures 
determined under the regulation and against payment of a fee. 
Article 13 
The Minister may issue a reasoned decision canceling the certificate of 
protection -following recommendation from the competent authority at the Ministry -
where the variety fails to satisfY any of the requirements for the granting of protection 
in accordance with the rules and procedures determined under the Regulations. IP /NIlIBHRlP /2 
Page 6 
The interested person shall be notified of such a decision by registered maiL 
Opposition against such decision may be made within 10 days from the notification 
date. The rules and procedures for considering the opposition and decision thereon 
shall be determined under the Regulations. 
Article 14 
The application for registration of the protected variety together with its 
annexes shall be examined by the competent authority at the Ministry to ascertain the 
fulfillment of the requirements. Such authority may require the fulfillment of what it 
deems unsatisfied for the consideration ofthe application. 
The interested person may submit to the competent authority a written 
opposition to the conduct of procedures for the granting of protection within 60 days 
from the date of the declaration of acceptance of application. Such opposition shall be 
reasoned. 
Rules for opposition, decision thereon and the required fee shall be determined 
under the Regulations. 
Article 15 
The right to protection may be transferred in part or in whole with or without 
compensation, including through inheritance. Such right may be the subject of 
authorization for exploitation, mortgage or grant of right of use. 
Without prejudice to provisions concerning the sale and mortgage of 
businesses, ownership may not be transferred, mortgaged, subject of grant of right of 
use, nor used as evidence against a third party unless it is recorded in the register of 
protection and the transfer of property is published as determined under the 
Regulations. 
Article 16 
The creditor may seIZe the debtor's protection ill accordance with rules 
governing seizure of movables held by the debtor or a third party. [sic: The competent 
authority at the Ministry shall exempt provisions concerning recognition of the party 
seizing, before the party whose protection is seized]. IP INIl/BHRIP 12 
Page 7 
The creditor shall notify the seIZUre and closure of the auction to the 
competent authority for entering in the appropriate register. None of these may be 
used as evidence for opposition unless it is registered as determined under the 
Regulations. 
A fee shall be paid against entering in the register. 
Article 17 
The plant breeder's right to protection shall be terminated at the end of its term 
or if the prescribed fees are not paid within one month from their due date. 
Article 18 
Without prejudice to the provisions of Article 9 of this Law, a third party may 
not exploit a protected plant variety without prior written cons~nt of the right holder 
or a non-exclusive non-voluntary license delivered by the competent authority at the 
Ministry in accordance with Article 10 of this Law. 
Article 19 
The right to protection shall belong to the employer where the breeding is 
realized under his direction, using his tools and within working hours, without 
prejudice to the employee's right to an agreed financial compensation. 
Article 20 
Plant varieties which fulfill registration conditions provided for under this Law 
shall enjoy provisional protection when exposed in exhibitions organized inside the 
State of Bahrain or abroad. 
The conditions, circumstances and procedures for the granting of such 
protection shall be determined under the Regulations. IP INIlIBHRIP 12 
Page 8 
Article 21 
The public may, after the declaration of acceptance of the application for 
protection, have access to such application, any of its documents and all that is 
recorded about it in the Register of Plant Varieties. Any member of the public may 
obtain a copy thereof against payment of a fee and in accordance with conditions and 
procedures determined under the Regulations. 
Article 22 
Without prejudice to provisions concerning opposition under this Law, any 
interested person may oppose, before the Minister of Commerce and Industry, any 
decision issued under this Law, within 30 days from the date on which such decision 
is published. Decision on such opposition shall be taken within 30 days from its 
submission. The interested person shall be notified in writing of the decision 
concerning his opposition within 30 days from the date on which such decision is 
taken. The opposition is deemed to be rejected if he does not receive any notification 
concerning such opposition within 30 days from its submission. 
Any person whose opposition is rejected or deemed to be rejected may file an 
appeal before the Supreme Civil Court within 60 days from the date on which he is 
notified of the rejection of his opposition or on which he is its is deemed to be 
rejected. 
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. The rules, procedures and dates for appeal shall be determined 
under the Regulations. 
Article 23 
The categories of fees provided for under this Law, rules and rates of their 
increase and reduction and cases for exemption shall be determined under a decision 
issued by the Minister of Commerce and Industry, subject to approval by the Cabinet. Article 24 IP INI 1 IBHRIP 12 
Page 9 
Officials designated by the Minister of Commerce and Industry shall have the 
capacity to enter any establishment concerned to ascertain the implementation of the 
provisions of the Law as well as decisions issued for the purposes of its 
implementation. 
Such officials shall have the authority to control infringements, establish the 
necessary official reports and refer them to the general prosecutor. 
Article 25 
Without prejudice to any more severe sanctions provided for under any other 
Law, any person who unlawfully and knowingly infringes any breeder's right 
provided for under this Law 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. 
In case of a second offence, the infringement shall be punishable by 
imprisonment for a period of at least three months and not exceeding two years and by 
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 lease 15 days and not exceeding six 
months. The decision 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 
seeds or propagating material derived from the offence. 
In case of discharge, the court may order the seizure or destruction of the 
material referred to in the preceding paragraph if they have caused any damage or 
been used to infringe the right of the breeder. 
The General Prosecutor shall initiate sanctions on the offences referred to in 
this Article. IPINI1 IBHRlPI2 
Page 10 
Article 26 
Provisions of Law Decree No. ----(2001) on Patents and Utility Models shall 
apply to any matter that is not the subject of a specific provision under this Law 
provided that it is not contrary to the nature of plant varieties. 
Article 27 
The Minister shall issue the Regulations and Decisions necessary for the 
implementation of this Law. 
Article 28 
Ministers shall, each within their capacity, implement and apply this Law from 
the date on which is it published in the Official Gazette. 