RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/BHR/1
IP/Q2/BHR/1
IP/Q3/BHR/1
IP/Q4/BHR/1
6 December 2001
(01-6218)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
BAHRAIN1
The present document reproduces the introductory statement made by the delegation of
Bahrain , the questions put to it and the responses given in connection with the review of legislation
undertaken at the Council's meeting of 18 to 22 June 2001.2
_______________
I. INTRODUCTORY STATEMENT
Bahrain had its first intellectual property legislation as early as 1955 when it enacted a Law
on Patents, Designs and Trademarks.  That was a time when Bahrain's population was barely around
130,000.  In 1977, Bahrain introduced certain revisions to that law and in 1991 it introduced acopyright law followed in 1993 by a dedicated, enhanced and comprehensive trademarks law.  All
these laws and their subsequent amendments are listed in Bahrain's responses to the Checklist
Questions.
In 1994, Bahrain enacted Legislative Decree No. 7 ratifying the WTO Agreements and it
subsequently enacted Legislative Decree No. 30 of 1996 ratifying the Berne Convention as last
amended.  Moreover, Bahrain has also enacted Legislative Decree No. 31 of 1996 ratifying the ParisConvention as last amended.  Hence, by virtue of Article 37 of Bahrain's Constitution, the provisions
of the TRIPS Agreement  and the entire provisions of the Paris and Berne Conventions have direct
applicability in Bahrain as they have become an  integral part of the national Law of Bahrain.
Nevertheless, Bahrain has recently completed draft laws, dedicated to all categories of IPRs,
incorporating the provisions of both Berne and Paris Conventions together with the TRIPS
Agreement .  These draft laws shall, upon enactment, supersede the current dedicated IPR Laws and
also introduce dedicated laws for categories where no particular dedicated law is currently available
such as the Protection of Breeders of Plant Varieties.  These draft laws, which are eight in total, are
the following:
- Patents and Utility Models Law- Protection of Breeders of New Varieties of Plants Law
- Geographical Indications Law
                                                     
1 As regards laws and regulations notified by Bahrain under Article 63.2 of the Agreement, reference is
made to documents IP/N/1/BHR/1 to 3, IP/N/1/BHR/C/1 , IP/N/1/BHR/I/1 and 2, IP/N/1/BHR/T/1 and 2, and
IP/N/6/BHR/1.
2 The minutes of this meeting have been circulated as document IP/C/M/32.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 2
- Layout-Designs of Integrated Circuits Law
- Protection of Trade Secrets Law- Trademarks Law- Industrial Designs Law- Copyright and Neighbouring Rights LawWith due regard to the available time, I shall now outline the main features of those draft laws
which have recently been completed and placed in the legislative channels and, dependent upon theavailability of legislative time, are intended to be enacted as laws within the next year.
A. P
ATENTS AND UTILITY MODELS :
The patentable subject matters tinder the draft law are in line with the definition provided
under Article 27 of the TRIPS Agreement.  Hence, and as Article 27.1 of the TRIPS Agreement isreflected precisely, in the draft law, it can be stated that under the draft law, importation is sufficient
to meet the 1ocal working" requirements.
Exclusions of patentability do not go beyond those allowed under Article 27.3 of the TRIPS
Agreement.  Therefore, it can be concluded th at both computer programs and business processes,
which were both the subject of several questions presented to Bahrain, are patentable provided, of
course, that they are new, involve an inventive step and are capable of industrial application.
The draft law explicitly provides that pharmaceutical products are patentable.
Plant varieties are to be protected under a separate dedicated legislation for which a draft law
was prepared based on the UPOV Model Law.  Bahrain is not yet a party to the UPOV convention but
this is a proposition which Bahrain is actively considering at present.
Under Article 11 of the draft law, a patent shall confer on its owner the exclusive rights
provided under Article 28.1 of the TRIPS Agreement.  Furthermore, Article 22 of the draft law
provides that patent owners shall have the right to assign the patent , or have it transferred bysuccession, and also the right to conclude licensing contracts.
The protection granted to a patent is for a term of 20 years counted from the filing date.The draft law provides for a mechanism and strict conditions for the grant of compulsory
licences.  These conditions fully conform to the provisions of Article 31 of the TRIPS Agreement.
The legal validity of a compulsory licence togeth er with remuneration towards such a licence are
subject to judicial review upon an application by the patent owner.
Article 12 of the draft law implements the requirements of Article 34 of the TRIPS Agreement
with respect to the reversal of the burden of proof in Judicial proceedings where the subject matter of
a patent is a process for obtaining a product. as allowed tinder Article 37.2 of the TRIPS Agreement,
the draft law opted to provide for the reversal of the burden of proof only if Point(b) tinder
Article 34.1 of the TRIPS Agreement is satisfied.  Hence, the reversal of the burden of proof will be
on the alleged infringer only if there is a substantial likelihood that the identical product - which is thesubject of the claim - was made by the patented pr ocess and provided that the patent owner has been
unable through reasonable effort to determine the process actually used.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 3
The draft law also provides for protection of utility models but I will not touch on those, as
they are not provided for under the TRIPS Agreement.
B. GEOGRAPHICAL INDICATIONS
The draft law conforms to the provisions of Articles 22 to 24 of the TRIPS Agreement.  The
draft law explicitly states that any person may claim a more favourable protection granted to a
geographical indication under any agreement, conventi on or treaty which Bahrain is a party to.  The
corollary is that an interested party may claim unde r any of those agreements or conventions for the
protection to a particular geographical indication if such protection is more favourable to that granted
tinder the draft law.
Protection under the draft law to a geographical indication does not require registration.
Moreover, a claim for an unlawful use of an unregistered Geographical Indication may also be
founded on unfair competition based on the provisi ons of Articles 61 of the Law of Commerce of
1987.
The unlawful use of a geographical indication in a trademark may be refused ex officio based
on Article 3 (f) of the draft law on Trademarks and also based on Article (2) of the draft law on
Geographical Indications.
As allowed under Article 24.9 of the TRIPS Agreement, the draft law excludes protection to
geographical indications which are not, or cease to be protected in their country of origin, or whichhave fallen into disuse in that country.
C. L
AYOUT -DESIGNS OF INTEGRATED CIRCUITS
The draft law incorporates the Articles of the Washington Treaty on Integrated Circuits,
which are enumerated under Article 35 of the TRI PS Agreement.  The scope of protection conforms
to the provisions of Article 36 and 37 of the TRIPS Agreement.  In line with Article 38 of the TRIPS
Agreement, the term of protection tinder the draft law is 10 years starting from the filing date or the
first commercial exploitation anywhere in the world , whichever takes place first, but in any event the
protection shall lapse 15 years after the creation of the design.
D. PROTECTION OF TRADE SECRETS
The Draft Law on the Protection of Trade Secrets incorporates the provisions of Article 39 of
the TRIPS Agreement on the protection of Undisclosed Information.
Data exclusivity is provided for as required Under Article 39.3 of' the TRIPS Agreement.
The term of protection is five years.  In order to allow for the time required for regulatory approval,
this five-year period commences from the actual date on which market approval was actually granted.Furthermore, as Bahrain is a party to the Paris C onvention, Article 10bis of that Convention on Unfair
Competition is considered part of Bahrain's national law.
E. T
RADEMARKS
The draft law incorporates a number of amendments and additions to the present Trademarks
Law of 1993.  These are mainly the following:
1. The introduction of priority rights for registration as provided under the Paris
Convention.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 4
2. The introduction of protection to well-known trademarks and allowing for their
protection even if not registered.  The draft law takes into account Article 2 of the
Joint Recommendation Concerning Provisions on the Protection of Well-Known
Marks adopted in September 1999 by the Assembly of the Paris Union for the
Protection of Industrial Property and the General Assembly of WIPO.
3. Enabling the owner of a registered mark to assign his trademark with or without the
transfer of the business to which the trademark belongs.
4. Revising the definition of a "trademark" to be in line with Article 15.1 of the TRIPS
Agreement and in addition to allow for smell and sound to be registerable as part of
the mark.
5. Providing that a likelihood of confusion shall be presumed where an identical sign is
used without the owner's consent for goods or services which are identical to those in
respect of which the trademark is registered.
6. Providing for temporary protection for trademarks used in local and international
exhibitions.
7. The introduction of a clear definition of the concept of certification and collective
marks.
F. INDUSTRIAL DESIGNS
This draft law aims to have a completely, revamped legislation compared to the current 1955
legislation.  The main features of the draft law are the following:
1. The introduction of the priority right for registration as provided under the Paris
Convention.
2. The introduction of temporary protection to designs that are displayed in international
and local exhibitions.
3. The term of protection is ten years extendable for another five years upon application
during the tenth year.
4. Allowing for cumulative protection under other laws (such as copyright) and other
agreements and conventions to which Bahrain is a party.
5. In order to provide for a simpler filing and processing procedure for textile designs,
the concept of a single application for multiple designs was introduced.
6. The registration system is to be based, as shall be clarified in the implementing
regulation, on non-examination and allows for opposition by third parties afterregistration.
G. C
OPYRIGHT AND NEIGHBOURING RIGHTS
The draft law aims to revamp the current copyright Law of 1991.  The main amendments and
additions to the current law are:
1. Protection of Neighbouring Rights incl uding Performers, Producers of Phonograms
and Broadcasting Organisations.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 5
2. Providing for protection terms in conformity with the TRIPS provisions.
3. Providing for protection of databases whether in machine-readable or other form and
also for protection of computer programs whether in source code or object code.
4. Providing for authors and their successors in  title the right to authorise or prohibit the
commercial rental to the public of originals or copies of their copyright works all
within the limitations allowed under Article 11 of the TRIPS Agreement
5. Although moral rights are not mandatory under the TRIPS Agreement, these are fully
provided for in the draft law, as Bahrain is a party to the Berne convention.
6. Works protected are not limited to those which have been fixed.7. Providing for regulating acts which may be permitted without the authorisation of the
right holder such that those acts, whenever allowed, are within the limitationsstipulated under the Berne Convention and the TRIPS Agreement.
H. E
NFORCEMENT
The responses which Bahrain has provided to the Checklist Questions highlight the
enforcement provisions in its draft IPR laws.  The main features of these provisions are:
1. Criminal Sanctions:
There are criminal sanctions for infringement of all categories of IPRs.  The penalty for all
infringements is the same.  It is a fine between BD 500 to BD 2,000 (the equivalent of
US$ 1320 to 5320) or a prison term between three months and one year or both fine andimprisonment.  If the offence is repeated by the offender, the upper limit of both the fine and
imprisonment is doubled, and in addition the court may order the business premises to be closed for a
period between 15 days to six months and to order the verdict to be published in at least one local
daily newspaper at the expense of the offender.
In all cases the court has the authority to order the goods that have been found to be infringing
to be forfeited and destroyed.  This also applies to materials and implements used for theinfringement.
2. Provisional Measures
These are available for infringements of all categories of intellectual property rights.  The
procedure for obtaining a provisional measure is through a petition to be submitted to the president ofthe competent court who will decide upon it in chamber.  The judge has the authority to order a
provisional measure inaudita altera parte especially where any delay is likely to cause irreparable
harm to the right holder, or where there is a demonstrable risk of evidence being destroyed.  The
provisional measures that may be ordered includes:
a) Prevention of an alleged imminent infringement from occurring
b) Injunction to cease an alleged infringementc) Recording or preserving relevant evidenceIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 6
The draft laws contain satisfactory, safeguards to prevent abuse of such measures.  These
safeguards include an authority to the court to order the applicant to provide suitable security and a
requirement that the applicant should initiate proceedings leading to a decision on the merits of the
case within 15 days after the order is granted.  The applicant is also required to provide reasonable
evidence to satisfy the court with a sufficient degree of certainty that the applicant is the right holderand that the applicant's right is being infrin ged or that such infringement is imminent.
3. Border Measures
These are available for infringements of IPRs under the Copyright and Related Rights draft
law and also under the Trademarks draft law.  A decision for the suspension of the release into free
circulation of goods which appear on prima facie evidence to be infringing the IPRs provided in these
laws may be obtained from the General Directorate of Customs which is the customs authority inBahrain.  A decision may be obtained upon an application either by, the right holder or the public
prosecutor.  The customs authority also has the authority to act ex officio upon its own initiative. In
order to prevent abuse, the applicant, if it the right holder. may be required to provide adequate
security.  The right holder is also required to initiate judicial proceedings leading to a decision on the
merits of the case within ten days after the decision is notified to him unless an extension is allowed inappropriate cases by the General Director of Cu stoms for a further period not exceeding ten days.
The customs authority is required to process applications and make a decision on whether to make a
suspension decision within three days from the date the application is submitted.
Whenever a decision is made to suspend the release of goods into free circulation, the
customs authority is required to promptly notify the importer and the applicant and award them an
opportunity, to inspect the goods concerned.  The importer, of course has recourse to the court to
revoke the suspension decision.
As permitted under Articles 51 and 60 of the TRIPS Agreement, the border measures are
neither applicable to goods in transit nor to de minimis  imports.  They are also not available to imports
of goods put on the market in another country by or with the consent of the right holder.
4. Damages
Damages for infringements may be obtained through civil judicial proceedings. as is the case
with any, unlawful tortuous act.  Claims for dama ges are to be founded on the relevant provisions
within the Civil Code. which Bahrain has recently enacted to substitute its Civil Wrongs Law of 1970.However, the Civil Code will be in force starting from 1 September 2001, and hence infringements
which took place prior to that date will be subject to the Civil Wrongs Law of 1970.
I. N
OTIFICATION OF LAWS
The Arabic text of the dedicated IPRs draft laws, that I have highlighted, has been forwarded
to WIPO for translation into English.  As soon as these draft laws are translated they will be notified
under Article 63.2 of the TRIPS Agreement and will also be made available on the website of
Bahrain's Directorate of Legal Affairs.
II. RESPONSES TO QUESTIONS POSED BY CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement) have been implemented.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 7
The respective draft Law for each form of intellectual property rights implements the
provisions of Articles 41-61 of the TRIPS Agreements.  Details are available in Bahrain's responses to
the Checklist of Issues on Enforcement available as document IP/N/6/BHR/1.
2. What protection does your copyright legislation afford to "foreign works"?
Articles 59 and 60 of the draft Law on Copyri ght and Neighbouring Rights provide for the
works which are protected within the scope of the said Law.
With respect to literary, artistic and scientific works, Article 59 provides:1) The provisions of this Law on the protection of literary, artistic and scientific work
shall apply to:
a) Works of authors who are nationals of, or have their domicile in, the State of
Bahrain;
b) Works first published in the State of Bahrain, and works first published in
another country and also published in the State of Bahrain within 30 days,
irrespective of the nationality or residence of their authors;
c) Cinematographic works, the producer of which has his headquarters or
domicile in the State of Bahrain; and
d) Works of architecture erected in the State of Bahrain and other artistic works
incorporated in a building or other structure located in the State of Bahrain.
2) The provisions of this Law shall also apply to works that are eligible for protection in
the State of Bahrain by virtue of and in accordance with any international conventionor other international agreement to which the State of Bahrain is party.
With respect to performers, phonograms and broadcasts, Article 60 provides:
1) The provisions of this Law on the protection of performers shall apply to:
a) Performers who are nationals of the State of Bahrain;
b) Performers who are not nationals of the State of Bahrain but whose
performance:
i) Take place in the territory of the State of Bahrain, or;
ii) Are incorporated in phonograms that are protected under this Law,
or;
iii) Have not been fixed in a phonogram but are included in broadcasts
qualifying for protection under this Law.
2) The provisions of this Law on the protection of phonograms shall apply to:
a) Phonograms the producers of which are nationals of the State of Bahrain;
b) Phonograms first fixed in the State of Bahrain; and
c) Phonograms first published in the State of Bahrain.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 8
3) The provisions of this Law on the protection of broadcasts shall apply to:
a) Broadcasts of broadcasting organisa tions the headquarters of which are
situated in the State of Bahrain, and;
b) Broadcasts transmitted from transmitters situated in the State of Bahrain.
The provisions of this Law shall also apply to performers, producers of phonograms and
broadcasting organisations that are eligible for protection by virtue of and in accordance with any
international convention or other international agreement to which the State of Bahrain is party.
3. We understand that draft intellectual property legislation is pending.
(a) When is such legislation likely to be effectively implemented?
The draft laws are likely to be enacted within the next four to six months. This is dependent
on the legislative workload during the next few months.  However, it should be pointed out that
claims may be based on the provisions of the TRIPS Agreement even without the enactment of the
draft laws as the TRIPS Agreement forms part of the national legislation as Bahrain ratified the latter
in 1994 by Legislative Decree No. 7.
(b) What are the key improvements introduced by such draft legislation in respect
of TRIPS obligations?
The draft legislation will introduce the following eight dedicated laws:
1. Trademarks
2. Patents and Utility Models
3. Plant Varieties
4. Copyright and Neighbouring Rights
5. Industrial Designs6. Geographical Indications
7. Layout-Designs of Integrated Circuits
8. Trade Secrets
The following are the key improvements introduced by the draft legislation in respect of
TRIPS obligations (reference should be made to the text of the draft legislation for a full and complete
account of the key improvements):
1. Trademarks
The draft Law provides the protection required under Article 16 of the TRIPS Agreement to
well-known marks for both goods and services.  The registration will be for ten years instead of seven
years (renewable for similar periods indefinitely as provided in the existing law).
The draft Law also introduces border measures for the protection of trademarks as required
under Section 4 of the TRIPS Agreement and enhances the provisions for provisional measures to beIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 9
in line with Article 50 of the TRIPS Agreement.  The draft Law also enhances the provisions for
criminal sanctions to be fully in line with Article 61 of the TRIPS Agreement and increases the
penalties available under the existing Law.
2. Patents
The draft Law will supersede the existing Patents and Industrial Designs Law which was
enacted in 1955.  It can be said that the draft Law will ensure the availability of a modern and
comprehensive Law, for the protection of patents , in line with the requirements of the TRIPS
Agreement.  The draft Law defines patentability in detail and outlines certain exclusions which do not
go beyond those allowed under paragraphs 2 and 3 of Article 27 of the TRIPS Agreement.  The rights
of the patent owner are enhanced in the draft Law to be in line with Article 28 of the TRIPS
Agreement.
The draft Law introduces a non-voluntary licensing regime within the limitations and the
safeguards provided under Article 31 of the TRIPS Agreement.
The draft Law provides for a term of protection of 20 years and introduces the principle of the
reversal of the burden of proof as required under Article 34 of the TRIPS Agreement.  The draft Law
also introduces the concept of provisional measures with the particulars required under Article 50 ofthe TRIPS Agreement.
3. Plant Varieties
The draft Law introduces a new dedicated regime which is not available under the current
legislation.  The draft Law is based on the UPOV Model Law.
4. Copyright and Neighbouring Rights
The draft Law will revamp the existing Law by introducing protection to neighbouring rights
and increasing the existing term of protection to be in line with Articles 12 and 14 of the TRIPS
Agreement.  The draft Law ensures that the limitations and exceptions do not go beyond thoseallowed under the TRIPS Agreement and specifically states that these should not unreasonably
prejudice the legitimate interests of the right holder.  The draft Law also ensures that computer
programs and databases are provided the protection required under the TRIPS Agreement.
Moreover, the draft Law introduces the principle of rental rights as required under Article 11
of the TRIPS Agreement.  The draft Law also addresses the issue of retroactive protection as required
under Article 14.6 of the TRIPS Agreement.
The draft Law also introduces border measures for the protection of copyright as required
under Section 4 of the TRIPS Agreement and enhances the provisions for provisional measures to be
in line with Article 50 of the TRIPS Agreement.  The draft Law also enhances the provisions for
criminal sanctions to be fully in line with Article 61 of the TRIPS Agreement and increases the
penalties available under the existing Law.
5. Industrial Designs
The draft Law will supersede the existing Patents and Industrial Designs Law which was
enacted in 1955.  It can be said that the draft Law will ensure the availability of a modern and
comprehensive Law for the protection of industrial designs in line with the requirements of the TRIPS
Agreement.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 10
The draft Law revamps the definition of industrial designs to be in line with Article 25.1 of
the TRIPS Agreement and introduces the possibility of multi-applications for registration, which
should be useful for textile designs.
The draft Law revamps and enhances the scope of protection provided to Industrial designs to
be in line with the requirements of Article 36 of the TRIPS Agreement.  The draft Law also introducesthe concept of provisional measures with the particulars required under Article 50 of the TRIPS
Agreement.
6. Geographical Indications
The draft Law incorporates all the provisions of the TRIPS Agreement as the existing
legislation on this matter is only Article 61 of the Law of Commerce which prohibits the unlawful use
of a geographical indication and consider such unlawful use as a form of unfair competition.
7. Layout-Designs of Integrated Circuits
The draft Law will provide a new legislation dedicated to the protection of layout-designs of
integrated circuits and fully incorporates Articles 35 to 38 of the TRIPS Agreement.  The existing
legislation does not specifically address layout-designs of integrated circuits.
8. Trade Secrets
The draft Law will provide a new piece of legislation dedicated to the protection of trade
secrets and incorporates the provisions of Article 39 of the TRIPS Agreement, including tests and data
submitted to government authorities for obtaining marketing approval of pharmaceutical or of
agricultural products which utilise new chemical entities.
III. RESPONSES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPSAgreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
As permitted under Article 27.2 of the TRIPS Agreement, Article 3(a) of the draft law on
Patents and Utility Models excludes from Patentability inventions the prevention of the commercial
exploitation, within the State of Bahrain, which is necessary to protect public order or morality or to
avoid serious damage to the environment.
Article 20 of the draft law on Patents and Utility Models provides that inventions with
extreme importance to public defence and security may be objected to by the security authorities
against the purchase of the invention for a fair and equitable price and also qualify for the grant of a
compulsory licence for the exploitation of the invention in accordance with the provisions of the law.
Also by virtue of Article 24 of the draft Law on Patents and Utility Models, a non-exclusive
compulsory licence for the exploitation of a Patent may be awarded in cases of national emergency or
other circumstance of extreme urgency or for public non-commercial use.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 11
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with  Articles 1-21 of the Borne Convention and
the Appendix to the Borne Convention (1971).
The draft Law on Copyright and Neighbouring Rights will supersede the Copyright Law
which was enacted in 1993.  The draft Law implements Articles 9 to14 of the TRIPS Agreement.
Although not required under the TRIPS Agreement, the draft Law implements Article 6 bis of the
Berne Convention as Bahrain is party to the said convention.  The draft Law also implements many of
the provisions of the WIPO Copyright Treaty  and WIPO Performances and Phonograms Treaty.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Paragraph 2 of Article 2 of the draft Law on Copyright and Neighbouring Rights provides that
computer programmes whether in source or object code are protectable.  Similarly, Paragraph 3 ofArticle 2 provides that databases whether or not computer readable are protectable.
Moreover, Paragraph 13 of Article 2 provides that derivative works are protectable.  Article 1
defines derivative works as:
"Works derived from other existing works, such as translations, musical arrangements,
compilation of works, including databases, whether or not computer readable, and collections
of expressions of folklore, which, by reason of the arrangement and selection of their
contents, are considered creative."
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Article 5(d) of the draft Law on Copyright and Neighbouring Rights provides that the author
and his successor in title has exclusive right to authorise or prohibit the use of one or more copies of
his work by others for rental or lending to the public.  Article 7 provides that such right with respect to
computer programs does not apply where the program itself is not the essential object of the rental orlending.  Article 7 further provides that the right does not apply with respect to cinematographic
works unless such rental or lending has led to widespread copying of such work which is materially
impairing the exclusive right of reproduction.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
With respect to performers, Article 15 of the draft Law on Copyright and Neighbouring
Rights provides:
"Performers shall enjoy in respect of their performances the following exclusive rights:
i) To broadcast or communicate their unfixed performances to the public.ii) To fix their unfixed performances on phonograms.iii) To reproduce their fixed performances on phonograms.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 12
iv) Authorise commercial rental or lending to the public of an original or copies of their
fixed performances."
With respect to producers of phonograms, Article 17 of the draft Law on Copyright and
Neighbouring Rights provides that producers of phonograms enjoy the following exclusive rights:
i) Prevent any exploitation of their recording in any manner, without prior written
authorization, directly or indirectly, including in particular; reproduction, renting,
lending, broadcasting or making available to the public through computers or the
Internet or other means of technology.
ii) Making their recordings available to the public by wire or wireless means or through
computers or any other means of technology.
With respect to broadcasting organizations, Article 18 of the draft Law on Copyright and
Neighbouring Rights provides that broadcasting or ganizations enjoy the following exclusive rights:
a) fixation and reproduction of their broadcasts;
b) rebroadcasting by wireless means of their broadcasts;
c) communication to the public of their television broadcasts; and
d) licensing the exploitation of their fixed or unfixed broadcasts.
6. Please state whether your legislation provides for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Article 13 and 14.6 of the TRIPS Agreement.
The draft Law on Copyright and Neighbouring Rights provides for certain limitations and
exceptions to the rights indicated in the response to question 5.  These are consistent with the
limitations and exceptions allowed under the TRIPS Agreement.  The limitations and exceptions are
provided under Articles 19 to 24 of the draft Law.
7. Please state the terms of protection of each right described above and the work or
subject matter to which it applies.
With respect to performers, Article 34 of the draft Law on Copyright and Neighbouring
Rights provides the term of protection to a performance for a period of 50 years computed from thefirst day of the Gregorian calendar year following the year in which the performance was first fixed
on a phonogram or, in the absence of such fixation, the year in which the performance took place.
With respect to producers of phonograms, Article 35 of the draft Law on Copyright and
Neighbouring Rights provides that the term of protection shall last until the end of a period of 50years computed from the first day of the Gregorian calendar year following the year in which the
publication of the phonogram was made or, in the absence of publication, the year in which the
performance took place.
With respect to broadcasting organizations, Article 36 of the draft Law on Copyright and
Neighbouring Rights provides that the protections shall last until the end of a period of 20 years
computed from the first day of the Gregorian calendar year following the year in which the broadcast
took place.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 13
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
This is accounted for in Articles 63 and 64 of the draft Law on Copyright and Neighbouring
Rights.  While Article 64 provides that the new Law shall come into effect upon its publication in the
Official Gazette, Article 63 provides :
The provisions of this Law, with the exception of Articles 49 to 53, shall apply also to works,
performances phonograms and broadcasts dating back to before the date of the coming into effect of
this Law, provided that the term of protection had not expired under the previous legislation or under
the legislation of the country of origin of such works, performances, phonograms or broadcasts thatare to be protected or under an agreement or treaty to which the State of Bahrain is party.  The Law
shall not effect contracts on works, performances, phonograms and broadcasts concluded before the
entering into force of this Law.
C. T
RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Article 1 of the draft Law on Trademarks provides:
"A trademark is any distinctive sign comprised names, works, signatures, letters, symbols,
numerals, addresses, seals, designs, pictures, engravings, figurative elements, shapes,
wrappings, combination of colours or any combination of such visible signs if used, or
intended to be used , for distinguishing the goods or services of one undertaking from those of
other undertakings or to indicate the provision of a particular service.  Sound and smell mayform part of the trademark."
Article 3 of the draft Law provides that the following shall not be considered as registerable
trademarks and their application for registration shall not be accepted if they have any of the
following descriptions:
a) Marks that are devoid of any distinctive character or consist of signs that customarily
designate the goods or services or the common drawings or pictures of the goods or
services.
b) Any expression, drawing, picture or mark that is contrary to public order or morality.
c) Honorary signs, public and military insignia, flags and other symbols belonging to the
State of Bahrain or Arab or international or ganizations or any of their institutions or
belonging to any of the states that accord si milar treatment in this respect to the State
of Bahrain as well as any imitation of the foregoing matters.
d) Symbols of the Red Crescent or Red Cross and emblems of the same character as well
as all imitations thereof.
e) Similar or identical marks to the symbols that have a purely religious character.
f) Geographical names and indications if their use is likely to cause confusion with
respect to the origin or source of the goods or services.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 14
g) Marks that are likely to mislead the public or that contain false details about the origin
or source of the goods or services or their other qualities as well as marks that contain
a false, imitated or fictitious commercial name.
h) Name of another person or his surname, photograph or emblems unless he or his heirs
give their prior approval to the use thereof.
i) Particulars relating to honorary titles which the applicant for registration thereof is
unable to prove that he is legally entitled to use for such purposes.
j) Marks that are identical or similar to a mark that was previously registered by others
for the same goods or services for which the mark is to be registered or for an itemthereof or a mark that is similar to the af oresaid mark to an extent that may lead to
misleading others; or marks the registration of which for certain goods or services
may undermine the value of the goods or services that are distinguished by the said
mark.
k) Any mark, or a fundamental part thereof, which is identical, similar or constitutes a
copy, imitation or translation of a well-known trademark for its use to distinguish
similar or identical goods or services to the goods or services for which it is famous
and is likely to cause confusion with the well-known trade mark or for its use for
goods or services in a manner that is likely to cause damage to the owner of the well-known trade mark and indicates a relationshi p between it and such goods or services.
l) Marks that contain the following words or expressions: 'licence', 'registered',
'registered drawing', 'copyright' or such similar words and expressions.
10. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Please refer to the definition of a trademark provided in the response to question 9.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
Article 4 of the draft Law on Trademarks provides that either use or intended use qualifies for
registration.  The draft Law does not include a definition of "use".
Article 19(b) provides that the court may, upon application by any party with interest, order
the registration to be cancelled if satisfied that the trademark has not been used for an uninterrupted
period of 5 years for no valid reason.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
By virtue of Article 19(b) of the draft Law the registration of a trademark is indefinitely
renewable.  Article 19(b) provides that the protection of a registered mark shall be for 10 years fromthe filing date in the State of Bahrain and the right holder may request the renewal of the registration
for other equivalent periods provided that he files a request for renewal during the last year of the a
particular term of protection.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 15
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
There are no requirements prescribed in the draft Law concerning use of a trademark except
as provided under Article 19(b) indicated above under the response to question 11 above.
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
By virtue of Article 3(f) and (g) of the draft law on Trademarks, the following are not
registerable as trademarks.
- those which are identical or similar to geographical names and indication if they are
likely to be misleading as regards the origin or source of a good or service.
- those which are likely to mislead the public or contain false information concerning
the origin or source of a good or service or concerning other features, as well as those
which include a fictitious, imitated or counterfeit trade name.
15. Please give the definition of a geographical indication in your legislation.
Article 1 of the draft Law on Geographical Indi cations defines Geographical Indications as
follows:
Geographical indications are, for the purposes of this law, geographical statements which
identify a good as originating in the territory of a member of the World Trade Organization ora State that accord similar treatment to the State of Bahrain, where the quality, reputation or
other characteristics of the goods is essentially attributable to such geographical origin.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
Please see the response to question 14.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products , if any, covered by this additional protection.
The draft Law on Geographical Indications explicitly implements Article 22 of the TRIPS
Agreements.  Additional protection, such as that provided for under Article 23 of the TRIPS
Agreement, may be sought based on Article 13 of the draft Law which provides that any person may
claim a more favourable protection if it is provided for by virtue of any agreements, convention or
treaty to which Bahrain is party.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction. Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
By virtue of Article 9 of the draft Law on Geographical Indications the following are not
considered as violations of the provisions of the said Law:IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 16
a) use of a geographical indication, in any manner, if such indication is identical with the
term customary in common language as the common name for certain good or service
in the State of Bahrain.
b) use by any person, or that of his predecessor in the course of trade, in a manner that
does not mislead the public.
c) use of a geographical indication which is not or ceases to be protected in the country
of origin, or which has fallen into disuse in that country.
The draft Law does not contain examples of names considered as generic.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional consideration.  Please explain how textile designsare protected.
Article 6(c) of the draft Law on Industrial Designs provides that it is prohibited to register
industrial designs that are dictated essentially by technical or functional consideration.
By virtue of Article 1 of the draft Law on Industrial Designs, textile designs falls within the
definition of an industrial design and hence are protectable under the proposed law.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Protection is provided based on Article 9 of the draft Law on Industrial Designs which
provides:
"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 as a part thereof."
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Neither the current legislation, nor the draft Law on Industrial Designs provides for the right
to issue a compulsory licence for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Article 10 of the draft Law on Industrial Designs provides that the duration of protection is
for 10 years from the filing date of the application for registration.  Article 10 further provides that
this period may be extended for a further period of five years if the owner of the design files an
application for extension during the final year, in accordance with the manner determined in the
regulation issued in pursuant to the Law.
F. P
ATENTS
23. Please describe how your legislation defines the nations of novelty, inventiveness and
industrial application .IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 17
The definitions are provided in Articles 1 and 2 of the draft Law on Patents and Utility
Models.  These two Articles are reproduced below:
Article 1
An invention is patentable under this Law if it is new, involves an inventive step and is
industrially applicable, whether it is related to new industrial products - imported or locally - or newindustrial processes or to a new application to known industrial processes.
A patent shall be granted independently of any modification, enhancement or addition to a
patent previously granted on an invention in accordance with the provisions of this Law.
Article 2
a) An invention shall be deemed to be new if it is within prior art which includes all that
has been disclosed to the public in Bahrain or abroad , in tangible form or orally or
use or any other way sufficient to disclose the particulars of the invention prior tofiling an application for the patent .
For the purpose of this paragraph, disclosure to the public of the invention shall not be taken
into consideration if it occurred within twelve months preceding the filing date as a result of
displaying the invention in national or international exhibitions in accordance with the rules and
requirements determined under a Ministerial regulation issued in pursuance to this Law.  Moreover,disclosure which takes place during the same period shall not be taken into consideration if it occurred
by reason of or in consequence of acts committed by the applicant or his predecessor in title or of an
abuse committed by a third party with regard to the applicant or his predecessor in title.
b) An invention shall be considered as involving an inventive step if, having regard to
the prior art relevant to the invention, it would not have been obvious to a personhaving ordinary skill in the art.
c) A patent shall be considered industrially applicable if it can be applied in agriculture,
fishery, handicrafts, services or any field of industry in its broadest sense.
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusion.  If exclusions ar e provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
The draft Law on Patents and Utility Models contains exceptions which do not go beyond
those allowed under Article 27 of the TRIPS Agreement.  The exceptions provided by virtue of
Articles 1 and 3 of the draft Law are:
a) Inventions, the prevention of the commercial exploitation, within the State of
Bahrain, of which is necessary to protect public order or morality or to avoid serious
damage to the environment.
b) Plants and animals, other than micro-organisms, and essentially biological processes
for the production of plants or animals other than non-biological and microbiological
processes.
c) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals,
excluding products used for such methods.
d) Scientific discoveries, theories and mathematical methods.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 18
Plant varieties are to be protected by a Law on the Protection of New Plant Varieties which is
available in a draft form.
As the draft Law has not yet been enacted, it is not possible at this stage to elaborate on how
these exclusions are applied in legal or practical terms although almost all of them areself-explanatory.
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
As indicated in the response to question 24, the draft Law on Patents and Utility Models,
excludes from Patentability under Article 3(a) inventions the prevention of the commercial
exploitation of which is necessary to protect public order or morality.  The draft Law does not
elaborate on the scope of public order or morality.  As the proposed legislation is still in a draft form
and hence has not yet been implemented, it is not possible at this stage to explain how the provision is
or will be implemented in practice.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
As indicated in the response to question 24, the draft Law on Patents and Utility Models,
excludes from patentability under Article 3(e) diagnostic, therapeutic and surgical methods for the
treatment of humans and animals but not products for use in any of those methods.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
As indicated in the response to question 24, the draft Law on Patents and Utility Models,
excludes from patentability under Article 3(d), plan ts and animals other than those micro-organisms
and essentially biological processes.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are protected in your legislation.  Please explain, in
this respect, the relevant actions of your legislation.
As indicated under the responses to questions 23 and 24, by virtue of Article 2(c) and
Article 3(d) of the draft Law on Patents and Utility Models, micro-organisms, non-essentially
biological processes and microbiological process are patentable.
Plant varieties are to be protected by a separate law which is available in a draft form.  The
draft law on the protection of plant varieties is based on the UPOV model law.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
Article 11 of the draft Law on Patents and Utility Models provides that the patent holder shall
have the following rights:IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 19
a) Where the subject matter of a patent is a product:  The patent holder has the exclusive
right to prevent third parties not having the holder's consent from the acts of making,
using, offering for sale, selling, or importing for these purposes that product.
b) Where the subject matter of a patent is a process:  The patent holder has the exclusive
right to prevent third parties not having the holder's consent from the acts of using theprocess, and from the acts of: using, offering for sale, selling, or importing for those
purposes the product obtained directly by that process.
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products. In the affirmative, please indicate the legal reference.
By virtue of Article 2(c) of the draft Law on Patents and Utility Models pharmaceutical and
agricultural chemical products are patentable.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
As indicated in the response to question 29, Article 11 of the draft Law on Patents and Utility
Models provides that where the subject matter of a patent is a process, the patent holder has the
exclusive right to prevent third parties not having the holder's consent from the acts of using the
process, and from the acts of using, offering for sale, selling, or importing for those purposes the
products obtained directly by that process.
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant legislations and describe the additional conditions
in detail.
There are no additional conditions.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent. If affirmative, please make a reference to relevant legislation.
Article 13 of the draft Law on Patents and Utility Models provides for limited exceptions to
the exclusive rights conferred by a patent whereby the use of a patent does not require the
authorization of the patent holder.  These are:
a) The use of the patent for personal pu rposes, which are non-commercial and non-
industrial, or for research purposes.
b) Where a third party in Bahrain has in good faith made arrangements to exploit in
Bahrain the invention the subject of the patent before an application of a patent is
filed and without the consent of the patent holder, that third party shall have the right
to use the invention for the purposes of its own undertaking and provided that such
right shall not be transferable independently of that undertaking.
c) Use of the invention on a land vehicle, vessel or aircraft temporarily or accidentally
present in Bahrain.
d) The use by a third party of the patent during its protection period for manufacturing a
pharmaceutical chemical product for the purpose of obtaining governmental approvalIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 20
for the marketing of the product provided that the marketing does not start prior to the
expiry of the protection period.
34. Please explain whether or not your legislatio n provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Article 13 of the draft Law on Patents and Utility Models provides for limited exceptions
where the use of a patent does not require the authorisation of the patent holder.  These are:
The use of the patent for personal purposes, which are non-commercial and non-industrial, or
for research purposes.
Where a third party in Bahrain has in good faith made arrangements to exploit in Bahrain the
invention the subject of the patent before an application of a patent is filed and without the consent of
the patent holder, that third party shall have the ri ght to use the invention for the purposes of its own
undertaking and provided that such right shall not be transferable independently of that undertaking.
Use of the invention on a land vehicle, vessel or aircraft temporarily or accidentally present in
Bahrain.
The use by a third party of the patent during its protection period for manufacturing a
pharmaceutical chemical product for the purpose of obtaining governmental approval for the
marketing of the product provided that the mark eting does not start prior to the expiry of the
protection period.
Also Articles 24-27 of the draft Law on Patents and Utility Models provides for the
possibility of obtaining a compulsory licence in respect of a patent. It is submitted that these
provisions are in line with Article 31 of the TRIPS Agreement.  These provisions are reproduced
below:
Article 24
The Minister of Commerce and Industry may issue a non-exclusive compulsory licence for
the exploitation of a patent in the following cases:
a) National emergency or other circumstances of extreme urgency or for public
non-commercial use provided that the holder of the patent is notified as soon as
possible after the licence is granted.
b) Where the holder of the patent has not made sufficient use of the patent to the extent
that he has failed to satisfy the needs of the domestic market, at reasonable prices for
3, years starting from the date of the grant of the patent or 4 years starting from the
date of the filing of the patent application, whichever is longer.  In such a situation,
the Minister shall have the right to issue a compulsory licence to any person to whom
the patent holder has refused to grant a licence or to whom the holder has imposedunfair commercial terms in order to grant him such a licence.
c) Where a patented invention (first patent) involves an important technical advance of
considerable economic significance in relation to another patented invention (second
patent), and where the first patent can not be exploited without exploiting the second
patent, the holder of the first patent may be granted a compulsory licence to exploitthe second patent.  This is provided that the holder of the second patent has refused toIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 21
allow such exploitation on reasonable terms.  The exploitation of the second patent
authorized in this case may not be assigned without the assignment of the first patent.
The holder of the second patent may also be granted a compulsory licence to exploit,
at reasonable terms, the first patent in respect to which the other compulsory licence
was granted .
d) Where the holder of the patent exercises his rights for anti-competitive ends.
Article 25
The following provisions shall apply to compulsory licences:a) Applications for compulsory licences shal l-upon the payment of the prescribed fee-be
considered each upon its own merits.
b) The licence shall be exploited predominantly for the supply of the domestic market.
c) The applicant must be capable of effectively exploiting the invention through an
enterprise existing in the State of Bahrain.
d) The licence shall only be granted if the applicant has made reasonable efforts to
obtain a licence from the patent holder on reasonable commercial terms and
conditions, and that such efforts have not been successful within a reasonable period
of time.
e) The applicant shall agree to limit the exploitation of the invention to the purpose,
scope, conditions and period for which the licence is to be granted.
f) Where the proposed exploitation relates to semi-conductor technology, authorisation
shall only be granted for public non-commercial use or to remedy practices
determined to be anti-competitive.
g) The proposed user shall not assign the licence except with the enterprise or the part
thereof relating to the exploitation of the invention and after the approval of the
Minister of Commerce and Industry.
h) The patent holder shall be entitled to adequate remuneration taking into account the
monetary value of the licence.  The need  to remedy anti-competitive practices, if
applicable, may be taken into account in determining the remuneration.
i) The conditions provided for in items (b) and (d) of this Article shall not apply to
situations where a licence is granted to remedy anti-competitive practices.
j) The Minister of Commerce and Industry shall ex officio or at the request of any
interested party have the authority to amend the conditions of a compulsory licence in
case of change in circumstances.
Article 26
Except in cases of national emergency and other circumstances of extreme urgency as
referred to under Article 24(a), the competent Directorate at the Ministry of Commerce and Industry
shall provide the patent holder with a copy of th e licence application.  The patent holder shall be
provided a reasonable opportunity to respond in writing to the application.  The processing of the
application shall be in accordance with the procedure specified in the Implementing Regulation.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 22
The Minister of Commerce and Industry shall issue a decision accepting or rejecting the
application and may grant an acceptance subject to any conditions he deems appropriate.  In all cases,
the Minister shall notify the holder of the patent and the applicant of his decision within 30 days of the
issuance of such a decision and the competent Directorate shall enter the decision in the register of
patents.  The decision shall also be published in  the manner specified in the Implementing Regulation.
Article 27
The Minister of Commerce and Industry shall ex officio or at the request of the patent holder
have the authority to terminate the licence befo re the end of its term in the following cases:
a) The circumstances, which led to the granting of the licence, have ceased to exist and
are unlikely to recur.  In such case, the legitimate interests of the licensee shall be
adequately protected in accordance with the terms and procedures specified in the
Implementing Regulation.
b) The licensee has not exploited the licence for two years from the date of its issuance.
c) The licensee has not complied with any of the conditions of the licence or has failed
to fulfil his obligations under this Law and the related Implementing Regulation.
The decision of the Minister of Commerce and Industry in respect of the application for a
compulsory licence may be challenged based on Article 36 of the draft Law which provides:
"Subject to the provisions for challenges provided for under Articles 18 and 19 and without
prejudice to the provisions of Article 15 of this Law, any interested party may submit a
petition to the Minister of Commerce and Industry in respect of any final decision issued in
accordance with this Law within 30 days of its notification to that person.  A decision in
respect of the petition shall be issued within 30 days of its submission and the interested partyshall be notified of the decision in writing within 30 days of its date of issuance.  If the
interested party is not notified of a decision wi thin 60 days of the date of submission of his
petition, such petition shall be deemed rejected.
Where a petition has been rejected or deemed rejected, the interested party may appeal such
rejection before the High Civil Court within 60 days of its notification or lapse of the periodbeyond which the petition is deemed rejected as the case may be.  An appeal may not be
brought before the court until a petition has been filed and a decision has been issued or the
period for a decision has lapsed."
Individual merits in considering authorization will be for the Minister to consider when
deciding upon an application.  His decision will be subject to review by the court based upon
Article 36 of the draft Law.
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time. In
this context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures that the use of a compulsory  licence shall be author ised predominantly for
the supply to the domestic market of the Member authorizing such use.
This will be for the Mister to consider on a case-by-case basis as stipulated under
Article 25(a).  His decision is subject to review by the court.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 23
By virtue of Articles 24 and 25 of the draft Law on Patents and Utility Models, the draft Law
provides that except where a compulsory licence is granted to remedy an anti-competitive practice or
in cases of national emergency or other circumstances of extreme urgency or for public non-
commercial use, the proposed user must have made reasonable efforts to obtain a licence from the
patent holder on reasonable commercial terms and conditions, and that such efforts have not beensuccessful within a reasonable period of time.  The draft Law does not define "reasonable time", as is
the case with the TRIPS Agreement.  It was not considered appropriate to provide such a definition
and instead it was decided to leave this matter to be determined on a case by case basis depending on
the relevant circumstances peculiar to the application.
36. Please state if your legislation grants addi tional protection for innovations after the 20
years of patent protection has lapsed.
The draft Law does not provide for additional protection for patented invention after the lapse
of 20 years which is counted from the filing date (Article 14 of the draft Law on Patents and Utility
Models).
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1
st January 1995.
This is accounted for by providing the following in the draft Law:
Article 42
Without prejudice to the provisions of any agreement or treaty to which the State of Bahrain
is party, patents granted in accordance with existing Laws and Regulations prior to the date of entry
into force of this Law shall enjoy protection, and be considered as though they are registered under
this Law.  The elapsed period of protection shall be deducted from the term of protection provided forunder this Law and its Regulations.
Article 43
The provisions of this Law shall apply to any application filed prior to the entry into force of
this Law and which has not been granted a patent.  The applicant may amend his application in
accordance with the provisions of this Law.
Article 46
Ministers shall, each within its own capacity, implement this Law upon its publication in the
Official Gazette.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Article 12 of the draft Law on Patents and utility Models provides the following:
"With due regards to the defendant's right to protect his industrial and commercial secrets, the
civil court may, in a claim relating to the exploitation of a patented industrial process used
without the consent of its owner, order the defe ndant to prove that the process used to obtain
an identical product is different from the patented process.  This is provided that the plaintiff
has been unable to identify the process actually used despite reasonable efforts and provided
the court believes it is likely that the identical product was made using the protected process."IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 24
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
The proposed draft Law on Layout Design of Integrated Circuits will provide protection to
Topographies of Integrated Circuits.  The draft Law incorporates the provisions of Articles 35 to 38 of
the TRIPS Agreement.
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
Article 6 of the draft Law on Layout Desi gns of Integrated Circuits provides:
"The owner of the layout-design shall have the exclusive right to exploit it for commercial
purposes.  Third parties may not reproduce, whether by incorporation in an integrated circuitor otherwise, the protected layout-design in its entirety or any new part thereof; nor import,
sell or otherwise distribute for commercial purposes a layout-design or an integrated circuit in
which a layout-design is incorporated, without the authorization of the right holder.
Notwithstanding, where any of the acts referred to in Paragraph (a) are performed by a person
who had no knowledge nor reasonable ground to know, when performing such act, that theintegrated circuit or article contains a protected layout-design, he may after being notified ,by
the right holder with registered mail with recorded delivery , that the integrated circuit or
article contains a protected layout-design, dispose of the stock of articles in his possession or
that he has ordered but shall in either cases be liable to pay a fair compensation to the right
holder."
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography .
Please refer to the response to question 40 above.
42. Please state the term of protection granted by your legislation to topographies.
Article 8 of the draft law on the Protection of La yout Design of Integrated Circuits provides
that the term of protection is 10 years counted from the date of filing an application for registration in
the State of Bahrain or from the date of its first commercial exploitation in the State of Bahrain or
abroad, whichever expires earlier, but in all cases the term of protection shall expire 15 years after the
creation of the layout design.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
A defined period for protection is prescribed only with respect to undisclosed tests or data the
origination of which involves a considerable effort, and which have been submitted to the competent
authorities for the purpose of obtaining approval for marketing of pharmaceutical or of agricultural
chemical products which utilise new chemical entities.  Article 2 of the draft Law on the Protection of
Trade Secrets provides that the competent authorities which receive such tests or data shall protectIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 25
them against disclosure as from the date they are received until they are no longer secret, and shall
prohibit their unfair commercial use by preventing any third party not having the consent of the
person who submitted them from relying on such data or tests in the marketing of similar drugs or
products for 5 years following the date of marketing approval of the drugs or products in Bahrain.
44. Please explain how your legislation defines undisclosed information .
Article 1 of the draft Law on the Protection of Trade Secrets provides that Trade Secrets
include:
a) information considered secret if it, as a body or in its precise components, is unknown
or not available among or readily accessible to persons who normally deal with such
kind of information.
b) information that has commercial value because it is secret.
c) information that has been subject to reasonable steps under the circumstances by the
person lawful in control of the information to keep it secret.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Please see the response to question 43.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
Please refer to Bahrain's responses to questions 5 and 24 of the Checklist of Issues on
Enforcement (document IP/N/6/BHR/1).
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Final administrative decisions may be appealed to the court.  The mechanism provides that
any person with an interest may petition the Minister  to object to any administrative decision within
30 days from his knowledge of the decision.  The petition is to be decided upon within 30 days and
the petitioner is to be advised of the Minister's ruling within 30 days thereafter.  After the lapse of 60days without the petitioner being notified of a ruling, the petition is considered implicitly rejected.  A
rejection of the petition may be the subject of a challenge to the Supreme Court within 60 days after
the petitioner is notified of the decision or the petition is considered implicitly rejected.
The legal basis are the following:
a) Patents and Utility Models: Article 36
b) Geographical Indications: Article 11
c) Industrial Designs: Article 17
d) Layout-Designs of Integrated Circuits: Article 16
e) Protection of Breeder of New Varieties of Plants: Article 32IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 26
f) Trademarks: Article 4
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party. Please give precise information on what measures are taken to ensure the
protection of confidential information.
Please refer to Bahrain's responses to questions 3 and 4 of the Checklist of Issues on
Enforcement (document IP/N/6/BHR/1).
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
The relevant provisions are the following Articles in the respective draft Laws:
Copyright and Neighbouring Rights: Article 44
Patents and Utility Models: Article 40
Trade Marks: Article 34Geographical Indicators: Article 11
Protection of Trade Secrets: Article 6
Industrial Designs: Article 18
Layout-Designs of Integrated Circuits: Article 17
Protection of Breeders of New Varieties of Plants: Article 26
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
As infringement is considered a tort, any party who incurs loss or suffers damage as a result is
entitled to damages.  The basis for the claim is the relevant IPR Law and Article 158 of the Civil Code
which provides:
"Every injurious act which causes damage or loss shall render the person by whom it has been
committed to be liable for damages."
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
Article 192 of the Civil and Commercial Procedural Law provides that:
"When issuing the final verdict on the litigation before it, the Court shall at its own instance
rule on the costs of the case.  The court shall award costs of the case, including attorney's fees,
to be paid by the litigant who has lost the verdic t.  If the verdict goes against more than one
litigant, the court shall order that costs be shar ed among them in proportions to the interest of
each one in the case as assessed by the court.  They shall not be bound by joint liability in this
respect unless they were held to be jointly liable in the obligation which has been judged
upon."
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 27
Please refer to Bahrain's responses to questions 15 and 24 of the Checklist of Issues on
Enforcement (document IP/N/6/BHR/1).
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the abuse by the plaintiff.
Article 198 of the Civil and Commercial Procedural  Law provides that "if the intention of the
litigation was merely malice compensation may be awarded against the person thus intending".
In addition, all IPR draft Laws provide that the court has the authority to order a provisional
measure only upon the provision of a security bond by the party requesting such a measure.  Such
security is a deterrent to prevent the abuse of provisional measures and may be used to compensate
defendants unlawfully enjoined.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Please refer to Bahrain's responses to questions 10 to 12 of the Checklist of Issues on
Enforcement (document IP/N/6/BHR/1).
55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
The General Directorate of Customs or alternatively the court.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
It is possible to apply for a suspension by th e customs authority for the release into free
circulation of goods, which constitute infringements to the IPRs defined in the
Copyright and Neighbouring Rights and Trademarks draft Laws.  This is possible pursuant toArticle 47 of the draft Copyright and Neighbouring Rights Law and Article 35 of the draft
Trademarks Law respectively.  The relevant Articles provide that the General Directorate of Customs
(the customs authority) has authority both on its own initiative and upon application by the right
holder or the public prosecutor to suspend clearance and release into free circulation of goods if
convinced on the basis of prima facie evidence that such goods constitute an infringement of any ofthe IPRs  of the right holder.  The authority of the customs authority applies to both imports and
exports.
The administrative procedure referred to above does not preclude the right to resort to the
court in the first place.  The authority of the customs authority to suspend the release into free
circulation of goods, which constitute infringements of IPRs, does not apply to goods in transit or to
de minimis  imports or goods put on the market in another country by or with the consent of the right
holder.
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
The relevant provisions are the following Articles in the respective IPR draft Law:
a) Patents and Utility Models: Article 41b) Geographical Indications: Article 12IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 28
c) Protection of Trade Secrets: Article 7
d) Industrial Designs: Article 19e) Layout-Designs of Integrated Circuits: Article 18f) Protection of Breeders of New Varieties of Plants: Article 25g) Trademarks: Article 38h) Copyright and Neighbouring Rights: Article 52
58. Please indicate whether or not your legislation provides for a de minimis imports
exception.
Both Article 47 of the draft Law on Copyright and Neighbouring Rights and Article 35 of the
draft Law on Trademarks exclude de minimis  imports.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Draft Laws for all forms of intellectual property provide for criminal sanctions for
infringement of IPRs.  The penalty is imprisonment for a term not less than 3 months and not morethan one year or a fine of not less than BD 500 and not more than BD 2000 or to both fine and
imprisonment.  If the offender repeats an offence, the upper limit of both the fine and imprisonment
are doubled and in addition the court has the authority to order the closure of the premises, at which
the offence was facilitated, for a period between 15 days to six months and to order the verdict to be
published in at least one daily newspaper at the expense of the offender.
The relevant legal provisions within the draft Laws are:
a) Patents and Utility Models: Article 41
b) Geographical indications: Articles 2 and 12
c) Protection of Trade Secrets: Article 7
d) Industrial designs: Article 19e) Layout-Designs of Integrated Circuits: Article 18f) Protection of Breeders of New Varieties of Plants: Article 25g) Trademarks: Article 28
h) Copyright and Neighbouring Rights: Articles 49 to 52
All the above provisions also provide that the court has authority to order the seizure,
forfeiture and destruction of infringing goods and any materials and implements, which have been
used for the commission of the offence.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 29
IV. RESPONSE TO QUESTION POSED BY JAPAN
Please explain exceptions or exemptions of the National Treatment and Most Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
The draft Law on Copyright and Neighbouring Rights does not provide for any of the
exceptions permitted under Article 3 or any of the exemptions permitted under Article 4 of the TRIPS
Agreement.
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND
A. G EOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
Article 3(f) of the draft law on Trademarks prohibits the registration of a trademark where its
use is likely to create confusion with respect to the origin or source of the goods or services.
The draft Law on the Protection of Geographical Indications implements Article 22 to 24 of
the TRIPS Agreement.
Also Article 2 of the draft La w on Geographical Indications defines a Geographical Indication
and prohibits its unlawful use and provides that such use amounts to unfair competition.  The use of
any means in the designation or presentation of a good that indicates or suggests that the good inquestion originates in a geographical area other than the true place of origin in a manner which
misleads the public as to the geographical origin of the good, is prohibited.
Although the draft Law on Geographical Indication provides for registration, it does not
require registration for protection except that provisional measures and criminal sanctions are onlyavailable to registered Geographical Indications.
Article 5 of the draft Law on Geographical Indi cations provides that any party who has an
interest may lodge an application for registration.
The provisional measures that may be ordered based on Article 11 of the draft Law include:
a) Prevention of an alleged imminent infringement from occurring.
b) Injunction to cease an alleged infringement.
c) Recording or preserving relevant evidence.
Article (12) of the draft Law on Geographical Indications provides for criminal sanctions in
the case of unlawful use of a geographical indication.
As allowed under Article 24.9 of the TRIPS Agreement, Article 9(c) excludes protection to
geographical indications, which are not, or have ceased to be protected in their country of origin, or
which have fallen into disuse in that country.
Although, the draft Law on Geographical Indications does not explicitly implement the
provisions of Article 23 of the TRIPS Agreem ent on Additional Protection for Geographical
Indications for Wines and Spirits, such additional protection may be sought based on Article 13 of theIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 30
draft Law which provides that any person may claim a more favourable protection to a geographical
indication if it is provided for by virtue of any agreement, convention or treaty to which Bahrain is
party.
A claim for an unlawful use of a geographical indication, even if not registered, may also be
founded on unfair competition based on the provis ions of Article 61 of the Law of Commerce of
1987.
B. P ATENTS
2. Does your legislation grant patent protection to all categories of products or are there
any exceptions?  If so, please explain in detail what kind of exceptions exists and how they
comply with Article 27 of the TRIPS Agreement.
The draft Law on Patents and Utility Models contains exceptions which do not go beyond
those allowed under Article 27 of the TRIPS Agreement.  The exceptions provided by virtue of
Article 1 and 3 of the draft Law are:
a) Inventions, the prevention of the commercial exploitation of which is necessary to
protect public order or morality or to avoid serious damage to the environment.
b) Plants and animals, other than micro orga nisms, and essentially biological processes
for the production of plants or animals other than non-biological and microbiological
processes.
c) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals,
excluding products used for such methods.
d) Scientific discoveries, theories and mathematical methods.
Article 1 of the draft Law provides that patents are available for any inventions, whether
products or processes, provided they are new, involve an inventive step and are capable of industrial
application.
Article 1 further provides that an invention is capable of industrial application if it can be
applied or exploited in any field of technology.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?
The draft Law on Patents and Utility Models does not explicitly state whether or not
"importation satisfies the working" requirement but may be interpreted to be so.  However, it is worthpointing out that Articles 27.1, 27.3 and 31 of the TRIPS Agreement are reflected in the draft Law.
4. Does your legislation make the granting of a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant
provisions of the law
The draft Law on Patents and Utility Models provides for a system of granting compulsory
licences subject to certain conditions which are in line with those enumerated under Article 31 of the
TRIPS Agreement.  The relevant provisions of the draft Law are Articles 24, 25, 26, 27 and 36.
These are as follows:IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 31
Article 24
The Minister of Commerce and Industry may issue a non-exclusive compulsory licence for
the exploitation of a patent in the following cases:
a) National emergency or circumstances of extreme urgency or for public non-
commercial use provided that the owner of the patent is notified as soon as possibleafter the licence is granted.
b) Where the owner of the patent has not made sufficient use of the patent to the extent
that he has failed to satisfy the needs of the domestic market, at reasonable prices
taking into account those prevailing internationally, for 3 years from the date of the
grant of the patent or 4 years from the date of the filing of the patent application,
whichever is longer.
In such a situation, the Minister shall have the right to issue a compulsory licence to any
person to whom the patent owner has refused to  grant a licence or to whom the owner has imposed
unfair commercial terms in order to grant him such a licence.
c) Where a patented invention (first patent) involves an important technical advance of
considerable economic significance in relation to another patented invention (second
patent), and where the first patent can not be exploited without exploiting the secondpatent, the owner of the first patent may be granted a compulsory licence to exploit
the second patent.  This is provided that the owner of the second patent has refused to
allow such exploitation on reasonable terms.  The exploitation of the second patent
authorized in this case may not be assigned without the assignment of the first patent.
The owner of the second patent may also be granted a compulsory licence to exploit, at
reasonable terms, the first patent in respect to which the other compulsory licence was granted.
d) Where the owner of the patent exercises his rights for anti-competitive ends.
Article 25
The following provisions shall apply to compulsory licences:a) Applications for compulsory licences shal l-upon the payment of the prescribed fee-be
considered each upon its own merits.  The applicant shall pay the prescribed fee in
respect of the application
b) The licence shall be exploited predominantly for the supply of the domestic market.
c) The applicant must be capable of effectively exploiting the invention through an
enterprise existing in the State of Bahrain.
d) The licence shall only be granted if the applicant has made reasonable efforts to
obtain a licence from the patent owner on reasonable commercial terms andconditions, and that such efforts have not been successful within a reasonable period
of time.
e) The applicant shall agree to limit the exploitation of the invention to the purpose,
scope, conditions and period for which the licence is to be granted.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 32
f) Where the proposed exploitation relates to semi-conductor technology, authorisation
shall only be granted for public non-commercial use or to remedy practices
determined to be anti-competitive.
g) The proposed user shall not assign the licence except with the enterprise or the part
thereof relating to the exploitation of the invention and after the approval of the
Minister of Commerce and Industry.
h) The patent owner shall be entitled to adequate remuneration taking into account the
monetary value of the licence.  The need  to remedy anti-competitive practices, if
applicable, may be taken into account in determining the remuneration.
i) The conditions provided for in items (b) and (d) of this Article shall not apply to
situations where a licence is granted to remedy anti-competitive practices.
j) The Minister of Commerce and Industry shall ex officio or at the request of any
interested party have the authority to amend the conditions of a compulsory licence in
case of change in circumstances.
Article 26
Except in cases of national emergency and other circumstances of extreme urgency as referred
to under Article 24(a), the competent Directorate at the Ministry of Commerce and Industry shallprovide the patent owner with a copy of the licence application.  The patent owner shall be provided a
reasonable opportunity to respond in writing to the application.  The processing of the application
shall be in accordance with the procedure specified in the Implementing Regulation.
The Minister of Commerce and Industry shall issue a decision accepting or rejecting the
application and may grant an acceptance subject to any conditions he deems appropriate.  In all cases,the Minister shall notify the owner of the patent and the applicant of his decision within 30 days of the
issuance of such a decision and the competent Directorate shall enter the decision in the register of
patents.  The decision shall also be published in  the manner specified in the Implementing Regulation.
Article 27
The Minister of Commerce and Industry shall ex officio or at the request of the patent owner
have the authority to terminate the licence befo re the end of its term in the following cases:
a) The circumstances, which led to the granting of the licence, have ceased to exist and
are unlikely to recur.  In such case, the legitimate interests of the licensee shall be
adequately protected in accordance with the terms and procedures specified in the
Implementing Regulation.
b) The licensee has not exploited the licence for two years from the date of its issuance.
c) The licensee has not complied with any of the conditions of the licence or has failed
to fulfil his obligations under this Law and the related Implementing Regulation.
The decision of the Minister of Commerce and Industry in respect of the application for a
compulsory licence may be challenged based on Article (36) of the draft Law which provides:
"Subject to the provisions for challenges provided for under Articles (18) and (19) and
without prejudice to the provisions of Article (15) of this Law, any interested party maysubmit a petition to the Minister of Commerce and Industry in respect of any final decisionIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 33
issued in accordance with this Law within 30 days of its notification to that person.  A
decision in respect of the petition shall be issued within 30 days of its submission and the
interested party shall be notified of the decision in writing within 30 days of its date of
issuance.  If the interested party is not notified of a decision within 60 days of the date of
submission of his petition, such petition shall be deemed rejected.
Where a petition has been rejected or deemed rejected, the interested party may appeal such
rejection before the High Civil Court within 60 days of its notification or lapse of the period
beyond which the petition is deemed rejected as the case may be.  An appeal may not be
brought before the court until a petition has been filed and a decision has been issued or the
period for a decision has lapsed."
5. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation? Please cite the relevant provisions of Law.
Article 12 of the draft Law on Patents and Utility Models provides for the reversal of the
burden of proof.  Article 12 provides:
"With due regards to the defendant's right to protect his industrial and commercial secrets, the
civil court may, in a claim relating to the exploitation of a patented industrial process used
without the consent of its owner, order the defe ndant to prove that the process used to obtain
an identical product is different from the patented process.  This is provided that the plaintiff
has been unable to identify the process actually used despite reasonable efforts; and provided
the court believes it is likely that the identical product was made using the protected process."
C. P ROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorisation of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market authorisation for his own product.  Does yourlegislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant ?
Article 2 of the draft Law on the Protection of Trade Secrets protects undisclosed tests or
other data submitted by an applicant to the responsible State agency for market authorisation of a
pharmaceutical or of an agricultural chemical product which utilises new chemical entities.  The
relevant provisions and limitations are contained in Article 2 which states:
"The prohibition on disclosure of trade secrets referred to in the preceding Article shall extend
to undisclosed tests or data the origination of which involves a considerable effort, and which
have been submitted to the competent authorities for the purpose of obtaining approval for
marketing of pharmaceutical or agricultural chemical products which utilise new chemicals
entities.
The competent authorities which receive such tests or data shall protect them against
disclosure as from the date they are received until they are no longer secret, and shall prohibit their
unfair commercial use by preventing any third party not having the consent of the person who
submitted them from relying on such data or tests in the marketing of similar drugs or products for 5
years following the date of marketing appr oval of the drugs or products in Bahrain.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 34
Disclosure of the tests or data by the competent authorities shall only be made where necessary
to protect the public or unless the necessary steps are taken to ensure that the data are protected
against unfair commercial us."
D. E NFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective
determents to infringements of intellectual property rights.
Criminal Sanctions:  All draft Laws of IPRs provide for criminal sanctions against
infringement of all categories of IPRs.  The penalty for all infringements of the various IPRs is the
same. It is a fine between BD 500 to BD 2,000 or a prison term between three months and one year or
both fine and imprisonment.  If the offender repeats the offence, the upper limits of both the fine andimprisonment are doubled and in addition the court may order the business premises, at which the
offence was facilitated, to be closed for a period between 15 days to 6 months and to order the verdict
to be published in at least one local daily newspaper at the expense of the convicted offender.
In all cases the court has the authority to order the goods that have been found to be infringing
to be forfeited and destroyed.  This also applies to materials and implements used for theinfringement.
8. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
The draft Laws, upon enactment, will make infringement of all forms of IPR a criminal
offence.  Arrangements are being made to increase  and train government inspectors to detect and
apprehend infringements.  Arrangements are also being made to conduct specialized courses to
customs officials, public prosecutors, and judges to acquire the necessary relevant skills each
according to his profession. WIPO has been approached to assist with conducting a PostgraduateDiploma in IPR and their response is awaited.  Contacts have been developed with the concerned
sector in the industry and other professional associations to conduct a public awareness campaign and
to assist with the implementation of the relevant legislation.
VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A. G
ENERAL
1. Please describe in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most favoured nation treatment are provided to  nationals of other WTO Members, citing the
relevant provisions of Law.
By virtue of the following provisions, protection is accorded to natural and legal persons who
are nationals of, or have their domicile in, the State of Bahrain or other State which is a member ofWTO or extend similar treatment to the nationals of the State of Bahrain:
a) Article 5 of the draft Law on Patents and Utility Models.b) Article 4 of the draft Law on Trademarks.c) Article 4 of the draft Law on Industrial Designs.d) Article 3(a) of the draft Law on Layout Designs of Integrated Circuits.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 35
e) Article 3 of the draft Law on the Protection of Breeders of New Varieties of Plants.
With respect to the draft Law on the Protection of Geographical Indications, Article (1)
defines the Geographical Indications the subject of the draft Law as:
"Any indication which identifies a good as origin ating in the territory of a member of WTO or
a state which accords the State of Bahrain similar treatment, or a specific region or locality in
that territory, where a given quality, reputation or other characteristics of the good is
essentially attributable to that geographical origin."
With respect to undisclosed information, the draft Law on the Protection of Trade Secrets
does not contain any limitation as to whose trade secrets the Law is applicable.
As to Copyright and Neighbouring Rights, Articles 59 and 60 of the draft Law provides:
Article 59:
 1) The provisions of this Law on the protection of literary, artistic and scientific works
shall apply to:
 a) Works of authors who are nationals of, or have their domicile in the State of
Bahrain;
 b) Works first published in the State of Bahrain, and works first published in
another country and also published in the State of Bahrain within 30 days,irrespective of the nationality or residence of their authors;
 c) Cinematographic works, the producers of which have their headquarters or
domicile in the State of Bahrain;  and
 d) Works of architecture erected in the State of Bahrain and other artistic works
incorporated in a building or other structure located in the State of Bahrain.
 2) The provisions of this Law shall also apply to works that are eligible for protection in
the State of Bahrain by virtue of and in accordance with any international convention
or other international agreement to which Bahrain is party.
Article 60:
1) The provisions of this Law on the protection of performers shall apply to:
a) Performers who are nationals of the State of Bahrain;
b) Performers who are not nationals of the State of Bahrain but whose
performance:
i) Take place on the territory of the State of Bahrain, or;
ii) Are incorporated in phonograms that are protected under this Law,
or;IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 36
iii) Have not been fixed in a phonogram but are included in broadcasts
qualifying for protection under this Law.
2) The provisions of this Law on the protection of phonograms shall apply to:
a) Phonograms the producers of which are nationals of the State of Bahrain;
b) Phonograms first fixed in the State of Bahrain;  andc) Phonograms first published in the State of Bahrain.
3) The provisions of this Law on the protection of broadcasts shall apply to:
a) Broadcasts of broadcasting organisa tions the headquarters of which are
situated in the State of Bahrain;  and
b) Broadcasts transmitted from transmitters situated in the State of Bahrain.
4) The provisions in this Law shall also apply to performers, producers of phonograms
and broadcasting organisations that are eligible for protection by virtue of and inaccordance with any international convention or other international agreement to
which the State of Bahrain is party.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Bahrain complies with Article 9 of
the TRIPS Agreement requiring that Members comp ly with Articles 1 through 21 of the Berne
Convention (1971), except Article 6bis, since Member s do not have rights or obligations relating
to the latter Article under the TRIPS Agreement.
The draft Law on Copyright and Neighbouring Rights will supersede the Copyright Law
which was enacted in 1993.  The draft Law implements Articles 9 to 14 of the TRIPS Agreement.
Although not required under the TRIPS Agreement, the draft Law implements Article 6 bis of the
Berne Convention as Bahrain is party to the said convention.  The draft Law also implements many of
the provisions of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.
3. Please explain how the copyright Law of Bahrain protects computer programs as
literary works and compilations of data as required by Article 10 of the TRIPS Agreement.
Article 2 of the draft Law on Copyright and Neighbouring Rights provides:
"The original works of literature, arts and science shall enjoy protection under this Law
whatever their value, type or purpose of their production or mode of expression, without a
need for compliance with any formal procedure."
Paragraph 2 of Article 2 provides that computer  programmes whether in source or object code
are protectable.  Similarly, Paragraph 3 of Article 2 provides that databases whether or not computer
readable are protectable.
Moreover, Paragraph 13 of Article 2 provides that derivative works are protectable.  Article 1
defines derivative works as:IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 37
"Works derived from other existing works, such as translations, musical arrangements,
compilation of works, including databases, whether or not computer readable, and collections
of expressions of folklore, which, by reason of the arrangement and selection of their
contents, are considered creative."
In addition to providing for criminal sanctions against infringements of copyright and
neighbouring rights as detailed in the draft Law, Article 50(3) provides for criminal sanction against
disabling or altering any electronic protection used by the author or the neighbouring right owner.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Bahrain.
Article 5(d) of the draft Law on Copyright and Neighbouring Rights provides that the author
and his successor in title has exclusive right to authorise or prohibit the use of one or more copies ofhis work by others for rental or lending to the public.  Article 7 provides that such right with respect to
computer programs does not apply where the program itself is not the essential object of the rental or
lending.  Article 7 further provides that the right does not apply with respect to cinematographic
works unless such rental or lending has led to widespread copying of such work which is materially
impairing the exclusive right of reproduction.
5. Please state the length and terms of protection the copyright law of Bahrain provides for
a work other than a photographic work or a work of applied art, and cite to the relevant
provision of law.
With respect to the scope of protection, Article 5 of the draft Law on Copyright and
Neighbouring Rights provides:
An author and his successors shall have the exclusive right to financially exploit his work by
any means and shall have in particular the exclusive right to authorize or prohibit the following acts in
relation to his work:
a) Publishing, broadcasting and producing the work to the public;
b) Reproduction by all means including photography, cinematography and recording;c) Translation, adaptation, arrangements or other transformation of the work;d) Use of a copy or more of the work for the purpose of rental or lending to the public or
any other act in relation to making the work available to the public;
e) Public performance of the work by reading or recital or acting or singing or any other
mean;  and
f) Distribution to the public by sale, rental, public lending or otherwise of the original or
a copy of the work that has not already been authorized by the author.
By virtue of Articles 28 and 29 of the draft Law, the financial rights of an author are protected
during his lifetime and for 50 years after his death, or the death of the last person of the authors
remaining alive if there is more then one author.  The 50 years period is calculated starting from thefirst day of the Gregorian calendar year following the actual date of death of the author or the last
author remaining alive as the case may be.
By virtue of Article 31 of the draft Law, the rights with respect to a work which does not bear
the author's name or which bears a pseudonym shall be protected for 50 years starting from the firstIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 38
day of the Gregorian calendar year following the y ear during which the work was published or made
available to the public for the first time, whicheve r comes last, unless the identity of the author is
known or revealed in which case the term of protection shall be for his life time and 50 years
thereafter starting from the first day of the Gregorian calendar year following the year during which
he died.
Article 30 provides that the financial rights relating to authors of a collective work, other then
applied art, shall be protected for 50 years starting from the first day of the Gregorian calendar year
following the year during which the work was published or made available to the public for the first
time which ever comes last, and where the author is a natural person, the term shall be calculated
according to the rule provided under Article 28 and 29 referred to above.  Article 30 further provides
that the rights relating to a work published for the first time after the death of the author shall lapseafter 50 years starting from the first day of the Gregorian calendar year following the year during
which the work was published or made available to the public for the first time, whichever comes last.
6. Please describe the protection the copyright law of Bahrain provides for performers,
and the term of the protection.
Article 15 of the draft Law on Copyright and Neighbouring Rights provides:
"Performers shall enjoy in respect of their performances the following exclusive rights:
1. To broadcast or communicate their unfixed performances to the public.
2. To fix their unfixed performances on phonograms.
3. To reproduce their fixed performances on phonograms.4. Authorise commercial rental or lending to th e public of an original or copies of their
fixed performances."
Article 34 of the draft Law on Copyright and Neighbouring Rights provides:
The term of protection to a performance is for a period of 50 years computed from the first
day of the Gregorian calendar year following the year in which the performance was first fixed on a
phonogram or, in the absence of such fixation, the year in which the performance took place.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorise or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorise or
prohibit the commercial rental to the public of originals or copies of their phonograms. Please
describe how the copyright law of Bahrain implements these obligations and indicate the term
of protection.
Article 17 of the draft Law on Copyright and Neighbouring Rights provides that producers of
phonograms enjoy the following exclusive rights:
a) Prevent any exploitation of their recordings in any manner, without prior written
authorisation, directly or indirectly, including in particular; reproduction, renting,
lending, broadcasting or making available to the public through computers or theInternet or other means of technology.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 39
b) Making their recordings available to the public by wire or wireless means or through
computers or any other means of technology.
Article 35 of the draft Law on Copyright and Neighbouring Rights provides that the
protection shall last until the end of a period of 50 years computed from the first day of the Gregorian
calendar year following the year in which the publication of the phonogram was made or, in theabsence of publication, the year in which the performance took place.
C. T
RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademarks
Law of Bahrain.
Article 1 of the draft Law on Trademarks provides:
"A trademark is any distinctive sign comprised of names, words, signatures, letters, symbols,
numerals, addresses, seals, designs, pictures, engravings, figurative elements, shapes,
wrappings, combination of colours or any combination of such visible signs if used, or
intended to be used, for distinguishing the goods or services of one undertaking from those of
other undertakings or to indicate the provision of a particular service. Sound and smell mayform part of a trademark."
Article 3 of the draft Law provides that the following shall not be considered as registerable
trademark and their application for registration shall not be accepted if they have any of the following
descriptions:
a) Marks that are devoid of any distinctive character or consist of signs that customarily
designate the goods or services or the common drawings or pictures of the goods or
services.
b) Any expression, drawing, picture or mark that is contrary to public order or morality.
c) Honorary signs, public and military insignia, flags and other symbols belonging to the
State of Bahrain or Arab or international or ganizations or any of their institutions or
belonging to any of the states that accord si milar treatment in this respect to the State
of Bahrain as well as any imitation of the foregoing matters.
d) Symbols of the Red Crescent or Red Cross and emblems of the same character as well
as all imitations thereof.
e) Similar or identical marks to the symbols that have a purely religious character.
g) Geographical names and indications if their use is likely to cause confusion with
respect to the origin or source of the goods or services.
h) Marks that are likely to mislead the public or that contain false details about the origin
or source of the goods or services or their other qualities as well as marks that containa false, imitated or fictitious counterfeit name.
i) Name of another person or his surname, photograph or emblems unless he or his heirs
give their prior approval to the use thereof.
j) Particulars relating to honorary titles which the applicant for registration thereof is
unable to prove that he is legally entitled to use for such purposes.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 40
k) Marks that are identical or similar to a mark that was previously registered by others
for the same goods or services for which the mark is to be registered or for an item
thereof or a mark that is similar to the af oresaid mark to an extent that may lead to
misleading others; or marks the registration of which for certain goods or servicesmay undermine the value of the goods or services that are distinguished by the said
mark.
l) Any mark, or a fundamental part thereof, which is identical, similar or constitutes a
copy, imitation or translation of a well-known trademark for its use to distinguish
similar or identical goods or services to the goods or services for which it is famous
and is likely to cause confusion with the well-known trade mark or for its use forgoods or services in a manner that is likely to cause damage to the owner of the well-
known trade mark and indicates a relationshi p between it and such goods or services.
m) Marks that contain the following words or expressions: "licence", "registered",
"registered drawing", "copyright" or such similar words and expressions.
9. Please describe the procedure that must be followed to register a trademark in Bahrain,
citing the relevant provisions of the law, and de scribe the rights that the owner of a registered
mark can exercise.
Article 8 of the draft Law on Trademarks provides:
"An application for registration of a trademark shall be filed with the competent Directorate
by the concerned person, or his representative, using the prescribed form and in accordance
with the provisions set forth in this Law and pursuant to the terms, conditions and procedure
prescribed in the Implementing Regulation."
A draft of the Implementing Regulation is currently under preparation.
Article 11 provides that:
"If two persons or more file an application for the registration of the same trademark or
similar or closely similar trademarks for a single class of goods or services, processing the
applications for registration shall be suspended until one of the applicants submits a documentsigned by the other parties to the dispute, and attested by the competent authority,
relinquishing their claims in its favour or until the handing down of a final judgement in
favour of one of them."
Article 12 of the draft Law provides that the competent Directorate may reject the application
or prescribe conditions or restrictions on the registration.  The competent Directorate is required to
notify the applicant of its decision by registered mail and the applicant may challenge the decision.
Article 12 further requires the competent Directorate to decide upon the application within 30
days failing which the application is considered rejected.
Article 13(a) provides that once the application is accepted, the competent Directorate shall
publish it in the manner prescribed in the Implementing Regulation.
Following the publication of a trademark, Article 13(b) provides that any concerned person
may petition the competent Directorate to challenge the registration of the trademark stating his
reasons for the challenge.  The petition must be submitted within 60 days after the publication of the
trademark.  The competent Directorate is required to notify the petition to the applicant within 30 daysIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 41
and the applicant is required to respond in writing w ithin 30 days otherwise he will be considered as
to have withdrawn his application.
Article 13(c) provides that before deciding upon the challenge, the competent Directorate is
required to hear the parties if requested to do so by any of them.  Article 13(c) further provides thatthe competent Directorate shall decide upon the petition within 60 days from receipt of the reply to
the challenge.
Article 13(d) provides that the competent Directorate shall issue a decision on accepting the
registration within 60 days from publishing the Trademark where no challenge is made, otherwise
within 15 days from deciding upon the challenge.  A decision to accept the registration may be subject
to certain conditions or limitations.  Where a decision is made to accept the registration, the trademarkshall be entered in the register.
Article 14 provides that a certificate of registration shall be issued to the owner of the
trademark once a trademark is registered.
Article 41 provides that any concerned person may appeal to the Minister against any
decision of the competent Directorate within 30 days  of that person's knowledge of that decision.  The
Minister is required to decide upon the appeal within 30 days and the person who lodged the appeal is
required to be notified of the decision within 30 days thereafter.  Where a period of 60 days has
elapsed without the person who submitted the appeal being informed of a decision, his appeal shall beconsidered rejected.  Thereafter, a challenge to the decision shall lie with the court within 60 days
after the decision is made or considered rejected as the case may be.
As to the rights that the owner of a registered trademark can exercise, Article 15 of the draft
Law provides that the trademark owner has an exclusive right to prevent all third parties not havingthe owner's consent from using identical or similar signs for goods or services which are identical or
similar to those in respect of which the trademark is registered where such use would result in a
likelihood of confusion.  In case of the use of an identical sign for identical goods or services, a
likelihood of confusion shall be presumed.
By virtue of Articles 34 to 38 of the draft Law, provisional measures, border measures and
criminal sanctions are available only to Registered Trademarks.
10. Please provide the length and terms of protection the trademark law of Bahrain
provides for a trademark.
Article 18(a) of the draft Law provides that registration is initially for 10 years starting from
the date of application for registration and thereafter renewable indefinitely for similar periods subject
to payment of the requisite fee.
Article 19(b) provides that the court may, upon application by any party having an interest,
order the registration to be cancelled if satisfied that the trademark has not been used for an
uninterrupted period of 5 years for no valid reason.
11. Please describe the way in which Bahrain protects well-known trademarks and cite to
the relevant provisions of Law.
Article 29(a) provides that the owner of a well-known trademark (even if not registered) may
apply to the court to prohibit third parties not ha ving the owner's consent from using a trademark
which constitutes a reproduction, an imitation, or a translation or contains an essential part which
constitutes a reproduction of the well- known trademark, for identical or similar goods for which the
trademark is registered, that is likely to create confusion.  This also applies to goods or services whichIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 42
are not similar to those in respect of which the trademark is entitled to protection, provided that use of
that trademark in relation to those goods or services would indicate a connection between those goods
or services and the owner of the trademark and pr ovided that the interests of the owner of the
trademark are likely to be damaged by such use.  In all the foregoing cases, Article 3(l) prohibits the
registration of the mark and hence only the owner of the well-known trademark will have the right tohave his trademark registered.
Article 29(b) provides that a well-know trademark enjoys protection even if not registered.
Article 29(c) provides that a request for the annulment of the registration of a well-know trademark
may be submitted within 5 years of the registration of the trademarks but no time limit shall apply
where the registration was made in bad faith.
D. G
EOGRAPHICAL INDICATIONS
12. Please describe in detail how the Laws of Bahrain provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
to the relevant provisions of Law or regulation, and provide examples of geographicalindications so protected.
Article 3(f) of the draft Trademarks Law prohibits the registration of a trademark where its
use is likely to create confusion with respect to the origin or source of the goods or services.
Also Article 2 of the draft Law on Geogra phical Indications defines a Geographical
Indication and prohibits its unlawful use and provides that such use amounts to unfair competition.
The use of any means in the designation or presentation of a good that indicates or suggests that the
good in question originates in a geographical area other than the true place of origin in a manner
which misleads the public as to the geographical origin of the good.
Article 12 of the draft Law on Geographical Indications provides for criminal sanctions in
the case of unlawful use of a Geographical Indication.
As allowed under Article 24.9 of the TRIPS Agreement, Article 9(c) excludes protection to
Geographical Indications, which are not, or cease to be protected in their country of origin, or which
have fallen into disuse in that country.
Also a claim for an unlawful use of a Geographical Indication, even if not registered, may be
founded on unfair competition based on the provis ions of Article 61 of the Law of Commerce of
1987.
The draft Law provides for registration but does not require registration for protection except
that criminal sanctions and provisional measures are only available to those which are registered.
The provisional measures that may be ordered based on Article 11 of the draft Law include:
i) Prevention of an alleged imminent infringement from occurring.
ii) Injunction to cease an alleged infringement.iii) Recording or preserving relevant evidence.Upon ordering a provisional measure the court may appoint one or more experts to assist with
the execution of the order.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 43
As the draft Law has not yet been enacted, no examples of Geographical Indications so
protected can be given at this stage.
13. Please describe in detail how the additional protection required for geographical
indications for wines and spirits under Article 23.1 of the TRIPS Agreement is implemented,citing to the relevant provisions of law or regulation, and provide examples of geographical
indications for such products .
The draft Law on Geographical Indications does not explicitly refer to wines and spirits.
However, Article 13 provides that any person may claim a more favourable protection granted to a
Geographical indication under any agreement, convention or treaty to which Bahrain is party.
E. I
NDUSTRIAL DESIGNS
14. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Bahrain, and describe the nature of the protection
provided.
Based on Article 5 of the draft Law on Industrial Designs, the procedure is identical to that
for Trademarks already outlined under the response to question 9 except that as shall be clarified in
the Implementing Regulation, the registration of a design shall not be subject to examination as to
entitlement and allows for opposition by third parties after acceptance of the application.
15. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
Textile designs may be protected based on the provisions of the draft Law on Industrial
Designs.  However, Article 2 does not preclude protection based on other Laws.
In order to benefit from the simpler filing and processing procedure, an applicant for the
registration of textile designs may file a single application for multiple designs as provided for under
Article 5(a) of the draft Law an Industrial Designs.
F. P ATENTS
16. Please describe in detail the way in which the patent law of Bahrain implements Article
27 of the TRIPS Agreement, indicating any ex ceptions provided for, and including details
regarding the protection for micro-organisms and non-biological and microbiological processes
and plant varieties. Please cite to the relevant provisions of the law.
Article 1 of the draft Law on Patents and Utility Models provides that patents are available for
any inventions, whether products or processes, provided they are new, involve an inventive step and
are capable of industrial application.
Article 1 further provides that an invention is capable of industrial application if it can be
applied or exploited in any field of technology.
The draft Law on Patents and Utility Models contains exceptions which do not go beyond
those allowed under Article 27 of the TRIPS Agreement.  The exceptions provided by virtue of
Articles 1 and 3 of the draft Law are:
a) Inventions, the prevention of the commercial exploitation of which is necessary to
protect public order or morality or to avoid serious damage to the environment.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 44
b) Plants and animals, other than micro-organisms, and essentially biological processes
for the production of plants or animals other than non-biological and microbiological
processes.
c) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals,
excluding products used for such methods.
d) Scientific discoveries, theories and mathematical methods.
Plant varieties are to be protected by a Law on the Protection of New Plant Varieties.  The
implementation of Article 27 of the TRIPS Agreement with respect to plant varieties is provided
under Article 4 of the said draft which states:
"In order to be protected, a plant variety must be new, distinct, uniform, stable and must be
designated by a denomination.
A variety is deemed new if the period from the first date of marketing or distribution of its
propagating material within the State of Bahrain by the breeder or with his consent, for the
purpose of exploitation of such variety,  does not exceed one year.  If it has been marketed or
distributed abroad, the period shall not exceed 6 years for trees and vines, or 4 years for otherplants. 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."
17. Please describe in detail the rights provided to patent holders under the patent law of
Bahrain and cite to the relevant provisions of law.
Article 11(2) provides that the patent holder shall have the following rights:
"Where the subject matter of a patent is a product:  the patent holder has the exclusive right to
prevent third parties not having the holder's consent from the acts of making, using, offering for sale,selling, or importing for these purposes that product.
Where the subject matter of a patent is a process:  the patent holder has the exclusive right to
prevent third parties not having the holder's consent from the acts of using the process, and
from the acts of: using, offering for sale, selling, or importing for those purposes the productobtained directly by that process."
Article 22 of the draft Law also provides that the patent holder shall have the right to wholly
or partially assign, or transfer by succession, the patent and to conclude licensing contracts.
18. Please describe in detail any provisions in the laws of Bahrain permitting unauthorised
use of a patent, citing to the relevant provisions of law, and describe in detail the conditions
under which such use can occur.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 45
Article 13 of the draft Law on Patents and Utility Models provides for limited exceptions
where the use of a patent does not require the authorisation of the patent holder.  These are:
a) The use of the patent for personal pu rposes, which are non-commercial and non-
industrial, or for research purposes.
b) Where a third party in Bahrain has in good faith made arrangements to exploit in
Bahrain the invention the subject of the patent before an application of a patent is
filed and without the consent of the patent holder, that third party shall have the right
to use the invention for the purposes of its own undertaking and provided that such
right shall not be transferable independently of that undertaking.
c) Use of the invention on a land vehicle, vessel or aircraft temporarily or accidentally
present in Bahrain.
d) The use by a third party of the patent during its protection period for manufacturing a
pharmaceutical chemical product for the purpose of obtaining governmental approvalfor the marketing of the product provided that the marketing does not start prior to the
expiry of the protection period.
Also Articles 24-27 of the draft Law on Patents and Utility Models provide for the possibility
of obtaining a compulsory licence in respect of a patent. It is submitted that these provisions are inline with Article 31 of the TRIPS Agreement. These provisions are reproduced below
Article 24
The Minister of Commerce and Industry may issue a non-exclusive compulsory licence for
the exploitation of a patent in the following cases:
a) National emergency or other circumstances of extreme urgency or for public non-
commercial use provided that the holder of the patent is notified as soon as possible
after the licence is granted.
b) Where the holder of the patent has not made sufficient use of the patent to the extent
that he has failed to satisfy the needs of the domestic market, at reasonable prices for
3, years starting from the date of the grant of the patent or 4 years starting from the
date of the filing of the patent application, whichever is longer. In such a situation,the Minister shall have the right to issue a compulsory licence to any person to whom
the patent holder has refused to grant a licence or to whom the holder has imposed
unfair commercial terms in order to grant him such a licence.
c) Where a patented invention (first patent) involves an important technical advance of
considerable economic significance in relation to another patented invention (secondpatent), and where the first patent can not be exploited without exploiting the second
patent, the holder of the first patent may be granted a compulsory licence to exploit
the second patent.  This is provided that the holder of the second patent has refused to
allow such exploitation on reasonable terms. The exploitation of the second patent
authorized in this case may not be assigned without the assignment of the first patent.The holder of the second patent may also be granted a compulsory licence to exploit,
at reasonable terms, the first patent in respect to which the other compulsory licence
was granted .
d) Where the holder of the patent exercises his rights for anti-competitive ends.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 46
Article 25
The following provisions shall apply to compulsory licences:
a) Applications for compulsory licences shal l-upon the payment of the prescribed fee-be
considered each upon its own merits.
b) The licence shall be exploited predominantly for the supply of the domestic market.c) The applicant must be capable of effectively exploiting the invention through an
enterprise existing in the State of Bahrain.
d) The licence shall only be granted if the applicant has made reasonable efforts to
obtain a licence from the patent holder on reasonable commercial terms and
conditions, and that such efforts have not been successful within a reasonable period
of time.
e) The applicant shall agree to limit the exploitation of the invention to the purpose,
scope, conditions and period for which the licence is to be granted.
f) Where the proposed exploitation relates to semi-conductor technology, authorisation
shall only be granted for public non-commercial use or to remedy practices
determined to be anti-competitive.
g) The proposed user shall not assign the licence except with the enterprise or the part
thereof relating to the exploitation of the invention and after the approval of the
Minister of Commerce and Industry.
h) The patent holder shall be entitled to adequate remuneration taking into account the
monetary value of the licence.  The need  to remedy anti-competitive practices, if
applicable, may be taken into account in determining the remuneration.
i) The conditions provided for in items (b) and (d) of this Article shall not apply to
situations where a licence is granted to remedy anti-competitive practices.
j) The Minister of Commerce and Industry shall ex officio or at the request of any
interested party have the authority to amend the conditions of a compulsory licence in
case of change in circumstances.
Article 26
Except in cases of national emergency and other circumstances of extreme urgency as
referred to under Article 24(a), the competent Directorate at the Ministry of Commerce and
Industry shall provide the patent holder with a copy of the licence application.  The patent
holder shall be provided a reasonable opportunity to respond in writing to the application. The
processing of the application shall be in accordance with the procedure specified in the
Implementing Regulation.
The Minister of Commerce and Industry shall issue a decision accepting or rejecting
the application and may grant an acceptance subject to any conditions he deems appropriate.
In all cases, the Minister shall notify the holder of the patent and the applicant of his decision
within 30 days of the issuance of such a decision and the competent Directorate shall enter the
decision in the register of patents.  The decision shall also be published in the mannerspecified in the Implementing Regulation.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 47
Article 27
The Minister of Commerce and Industry shall ex officio or at the request of the patent holder
have the authority to terminate the licence befo re the end of its term in the following cases:
a) The circumstances, which led to the granting of the licence, have ceased to exist and
are unlikely to recur.  In such case, the legitimate interests of the licensee shall beadequately protected in accordance with the terms and procedures specified in the
Implementing Regulation.
b) The licensee has not exploited the licence for two years from the date of its issuance.
c) The licensee has not complied with any of the conditions of the licence or has failed
to fulfil his obligations under this Law and the related Implementing Regulation.
The decision of the Minister of Commerce and Industry in respect of the application for a
compulsory licence may be challenged based on Article 36 of the draft Law which provides:
"Subject to the provisions for challenges provided for under Articles 18 and 19 and without
prejudice to the provisions of Article 15 of this Law, any interested party may submit a
petition to the Minister of Commerce and Industry in respect of any final decision issued in
accordance with this Law within 30 days of its notification to that person.  A decision in
respect of the petition shall be issued within 30 days of its submission and the interested partyshall be notified of the decision in writing within 30 days of its date of issuance.  If the
interested party is not notified of a decision wi thin 60 days of the date of submission of his
petition, such petition shall be deemed rejected.
Where a petition has been rejected or deemed rejected, the interested party may appeal such
rejection before the High Civil Court within 60 days of its notification or lapse of the periodbeyond which the petition is deemed rejected as the case may be. An appeal may not be
brought before the court until a petition has been filed and a decision has been issued or the
period for a decision has lapsed."
19. What term of protection does the patent law of Bahrain provide for patents? Please
describe any provisions for extension of the term of protection and cite to the relevantprovisions of the law.
Article 14 of the draft Law provides that the term of protection is 20 years counted from the
filing date.  The draft Law does not contain any provisions for extending the term of protection.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
20. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Bahrain, including the term of protection, and cite to the relevant provisionsof law.
Protection for layout-designs of integrated circuits is to be provided by a Law on the
Protection of Layout-Designs of Integrated Circuits which at present is also in a draft form.  The draft
Law implements Articles 35 – 38 of the TRIPS Agreement.
Article 8 of the draft Law provides that the term of protection is 10 years counted from the
date of filing an application for registration in Bahrain or from the date of the first commercial
exploitation wherever in the world it occurs whichever expires earlier, but in all cases the term of
protection shall lapse 15 years after the creation of the layout design .IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 48
The draft Law provides for a system of registration of designs.  Article 12 to 15 of the draft
Law provides for a system of granting compulsory licences which is in line with Article 31(a) to (k)
of the TRIPS Agreement.  The system is identical to  that provided for patents outlined in the response
to question 18 except that Article 31(l) of the TR IPS Agreement is excluded with respect to layout-
designs as permitted under Article 37.2 of the TRIPS Agreement.
Article 17 of the draft Law provides for criminal sanctions against infringements to the rights
of the design owner.
The draft Law does not require registration of the design in order to enjoy the protection
provided for in the Law, except that provisional measures and criminal sanctions are only available toregistered designs.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
21. Please describe in detail how the laws of Bahrain provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and cite to therelevant provisions of law.
Protection of undisclosed information is provided for in the draft Law on the Protection of
Trade Secrets.  The draft Law implements the provisions of Article 39 of the TRIPS Agreement.
Article 1 of the draft Law implements the provisions of Article 39.2 of the TRIPS Agreement.
Article 4 of the draft Law provides for what in particular is considered "a manner contrary to honest
commercial practices" referred to in Article 1 of the draft Law.  Article 4 provides the following with
respect to what in particular is considered "a manner contrary to honest commercial practices":
a) Disclosure of secret information acquired by a party to a "confidential" agreement.
b) Disclosure, or inducement to disclose, secret information in breach of a duty of trust.c) Misappropriation of information by unlawful means including fraud, espionage, theft
or other improper means.
d) Acquiring trade secrets from another person while knowing – or being capable of
knowing – that such other person has acquired the trade secrets by committing one of
the acts specified in the above items.
Article 6 of the draft Law provides for provisional measures to be ordered by the court to
restrain or to cease infringements.  Article 7 provides for criminal sanctions against unlawful
disclosure of trade secrets.
22. Please describe in detail the manner in which protection is provided to test data
regarding pharmaceutical and agricultural chemic al products submitted to the government in
order to obtain marketing approval in Bahrain and cite to the relevant provisions of law.
Article 2 of the draft Law on the Protection of Trade Secrets provides the following with
respects to protection for test data:
"The prohibition on disclosure of trade secrets referred to in the preceding Article shall extend
to undisclosed tests or data the origination of which involves a considerable effort, and which
have been submitted to the competent authorities for the purpose of obtaining approval forIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 49
marketing of pharmaceutical or agricultural chemical products which utilise new chemicals
entities.
The competent authorities which receive such tests or data shall protect them against
disclosure as from the date they are received until they are no longer secret, and shall prohibit
their unfair commercial use by preventing any third party not having the consent of the personwho submitted them from relying on such data or tests in the marketing of similar drugs or
products for 5 years following the date of marketing approval of the drugs or products in
Bahrain.
Disclosure of the tests or data by the competent authorities shall only be made where
necessary to protect the public or unless the necessary steps are taken to ensure that the data
are protected against unfair commercial use."
23. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted
by the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicant
before such reliance becomes possible.
As explained in the response to question 22, by virtue of Article 2 of the draft Law on the
Protection of Trade Secrets, other applicants for marketing approval for their own versions of a
previously approved pharmaceutical or agricultural chemical products are not permitted to rely on
data submitted by an earlier applicant before the lapse of 5 years from the date of marketing approvalin Bahrain of the original pharmaceutical or agricultural products which utilise new chemical entities.
I. E
NFORCEMENT
24. Please describe in detail the manner in which the laws of Bahrain provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
Infringements of intellectual property rights results in both civil and criminal liability.
Damages may be sought by the right holder based on Article 158 of the Civil Code, as is the case with
any tortious act.  Criminal sanctions are provided for infringements of all intellectual property rights
as shall be explained in the responses to questions 30 to 32.
Provisional measures to cease or to prevent an imminent infringement from taking place may
be ordered by the court.  Provisional measures may also include protective seizure of the allegedly
infringing goods together with the material and im plements allegedly used for the infringement.  The
provisional measures may also include preserving or recording relevant evidence concerning the
alleged infringement.  The relevant provisions of the IPRs draft Laws will be cited in the response toquestion 26.  In order to prevent abuse and to compensate the defendant, where the measure was
unjustifiably sought, the court may order the plaintiff to provide security.  In order to maintain the
provisional measure in force, the plaintiff is required to initiate proceedings leading to a decision on
the merits of the case within 15 days from the date the order for a provisional measure was granted.
Where delay is likely to cause irreparable harm to the right holder or is likely to result in
evidence being destroyed, the court has the authority to order the provisional measure inaudita altera
parte .  The party against whom the order has been ordered has the right to appeal within 10 days after
the order is notified to him.
Border measures are available with respect to infringements of both trademarks and copyright
and neighbouring rights as shall be explained in detail under the response to question 27.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 50
25. Please describe in detail all of the civil remedies that are available to right holders under
the Laws of Bahrain, citing to the relevant provisions of Law or Regulation.
The civil remedies that are available to right holders under the Laws of Bahrain and the
relevant provisions of the respective Laws are described in Bahrain's responses to the Checklist of
Issues on Enforcement (document IP/N/6/BHR/1).
26. Please describe in detail the provisional procedures and remedies available to right
holders under the Laws of Bahrain, citing to the relevant provisions of Law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and
remedies.
Upon a petition by the right holder, the President of the competent court may order
provisional measures in respect of the alleged infringement of any form of intellectual property right.
The legal basis is the following provisions of the respective draft Law:
Copyright and Neighbouring Rights: Article 44Patents and Utility Models: Article 40
Trademarks: Article 24
Geographical Indications: Article 11Protection of Trade Secrets: Article 6
Industrial Designs: Article 18
Layout Designs of Integrated Circuits: Article 17
Protection of Breeders of New Varieties of Plants: Article 26
The court may order a provisional measure inaudita altera parte  in appropriate cases and in
particular where any delay is likely to cause irreparable harm to the right holder, or where there is a
demonstrable risk of evidence being destroyed.
Unless the provisional measure is subsequently set aside by the court as a result of appeal by
the opposing party, within 10 days after he is notified of the order, the provisional measure remains in
force provided that the right owner initiates proceedings leading to a decision on the merits of the case
within 15 days after the order is granted.
For an order to be granted, the petitioner is required to provide evidence to satisfy the court
that he is the right owner, or in the case of a geographical indication that he is a person with interest,
and that his right is being infringed or that such infringement is imminent.
The court has the authority to order the petitioner to provide suitable security to prevent abuse
of the availability of such measures.
The provisional measures, which the court may order, include one or more of the following:
a) Injunction to cease the alleged infringement or to prevent it from taking place.
b) Protective seizure of the allegedly infringing goods together with the materials and
implements allegedly used for the infringement.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 51
c) Preserving or recording relevant evidence in respect of the alleged infringement.
The procedure is described in more detail in Bahrain's responses to the Checklist of Issues on
Enforcement (document IP/N/6/BHR/1).
J.S PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the Laws of Bahrain that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent Directorate and citing to the relevant provisions of Law or regulation.
The customs authority, which is the General Directorate of Customs, may order the measure
pursuant to Article 46 of the draft Law on Copyright and Neighbouring Rights and Article 35 of thedraft Law on Trademarks with respect to goods that constitute any of the infringements defined in
those Laws.  The measure may be ordered by the customs authority on its own initiative or upon an
application by the right holder or the Public Prosecutor.  Both Articles provide that the measure may
be ordered if the customs authority is convinced on the basis of prima facie evidence that such goods
(whether imports or exports) constitute infringements of any of the intellectual property rights of theright holder.  However, the procedure does not apply to goods in transit or to de minimis  imports or
goods put on the market in another country by or  with the consent of the right holder.  This
administrative procedure does not preclude the right to  resort to the court in the first place to obtain a
court order for the measure .
The application if made by the right holder or the Public Prosecutor must include a
sufficiently detailed description of the goods to make them readily recognisable by the customs
authority.  The right holder, if he is the applicant,  is required to submit adequate evidence to satisfy
the customs authority that there is prima facie an infringement of his intellectual property right.  The
customs authority has the authority to require the applicant to provide security.  The objective is to
protect both the defendant and the customs authority and to prevent abuse.
The customs authority is required to decide within a period not exceeding 3 days on whether
to accept the application.  The customs authority is required to promptly notify the applicant and the
importer of its decision to suspend the release of the goods. A petition to challenge the decision may
be submitted to the court within 10 days.  The goods shall be released if within 10 working days after
the right holder has been served with a notice of the suspension; the customs authority is not informed
that the right holder has initiated proceedings leading to a decision on the merits of the case.
However, the release of the goods will only be authorised if all the conditions for importation orexportation as the case may be have been complied with.  The 10 days time limit may be extended in
appropriate cases for a further period not exceeding 10 days at the discretion of the General Director
of Customs.
The customs authority is prohibited from refusing to provide the right holder and the importer
or exporter, if the goods are destined for export, to be notified promptly.
The decision to suspend the release of the goods remains in force unless subsequently
annulled by the court or after the lapse of 10 days without the customs authority being informed that
proceedings leading to a decision on the merits of the case have been initiated.  The customs authorityis required to provide both the right holder and the importer or exporter, as the case may be, sufficient
opportunity to inspect the goods detained.
Further regulatory matters with respect to the form, payable fees, manner in which
applications are to be submitted and how they are to be processed together with the amount of securityIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 52
to be provided will be the subject of an Implementing Ministerial Regulation.  The fee to be
determined in the Implementing Regulation is no t expected to be more than BD 30 (US$80).
The importer or exporter – as the case may be – and the owner of the goods may, through the
court, seek equitable compensation based on Article 158 of the Civil Code for any injury caused tothem through the wrongful detention of the goods.
28. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each
form of intellectual property, citing the relevant provisions of Law.
Border enforcement required under the TRIPS Agreement is available only to trademarks and
copyright and neighbouring rights infringement.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Bahrain are empowered to act ex officio and, if so, please identify the intellectual property areas
subject to ex officio action.
Article 46 of the draft Law on Copyright and Ne ighbouring Rights and Article 35 of the draft
Law on Trademarks both provide that the customs authority may act upon its own initiative or upon
request by the public prosecutor to suspend the release of goods in respect of which the customs
authority has acquired prima facie evidence that the goods constitute an infringement of any of the
intellectual property rights provided for under those draft Laws.
K.C RIMINAL PROCEDURES
30. Please describe in detail how the Laws of Bahrain implement Article 61 of the TRIPSAgreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful
trademark counterfeiting and copyright infringement  on a commercial scale. Please cite to the
relevant provisions of Law and regulation.
Article 38 of the draft Law on Trademarks provides for criminal sanctions to infringement of
Trademarks Law.  The penalty is imprisonment for a term not less than 3 months and not more than
one year or a fine of not less than BD 500 and not more than BD 2000 or to both fine and
imprisonment.  If the offender repeats an offence, the upper limit of both the fine and imprisonment
are doubled and in addition the court has the authority to order the closure of the premises, at which
the offence was facilitated, for a period between 15 days to six months and to order the verdict to be
published in at least one daily newspaper at the expense of the offender.
Articles 49, 50 and 51 of the draft Law on Copyright and Neighbouring Rights provide for
criminal sanctions to infringements of copyright and neighbouring rights. The penalties are identical
to those for trademarks outlined above.
31. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use ofwhich has been the commission of the offence.  Please describe the provisions in the Laws of
Bahrain that provide for such remedies, and describe the circumstances in which those
remedies would be imposed, citing to the relevant provisions of Law or regulation.
Article 52 of the draft Law on Copyright and Ne ighbouring Rights and Article 38 of the draft
Law on Trademarks provide that the court has the authority to order the seizure, forfeiture andIP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 53
destruction of infringing goods and any materials and implements which has been used for the
commission of the offence.
The draft Laws do not enumerate the circumstances in which those remedies would be
imposed.  Hence, such remedies would be imposed subject to the discretion of the court and it is to beexpected that the court would impose them where it considers them appropriate and proportionate
taking into account the gravity of the offence and the overall circumstances of the offence, type of
goods constituting the infringement, damage and losses to the right holder.  As to the material and
implements used for the infringement, it is to be ex pected that the court will take into account their
intended use and the extent they have been used for committing the infringement.
Draft Laws of other forms of intellectual property rights contain identical provisions to those
for trademarks and copyright and neighboring rights.  These provisions are:
a) Patents & Utility Models: Article 41
b) Geographical indications: Article 13
c) Protection of Trade Secrets: Article 7
d) Industrial Designs: Article 19e) Layout-Designs of Integrated Circuits: Article 18
f) Protection of Breeders of New Varieties of Plants: Article 25
32. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the Laws of Bahrain that provide for such procedures and remedies, citing tothe relevant provisions of Law or regulation.
The draft Laws for all forms of intellectual property rights provide for identical criminal
sanctions to those for trademarks and copyright and neighbouring rights outlined in the response to
questions 30 and 31 above.  The legal basis is the following provisions of the respective draft law:
a) Patents and Utility Models Article 41b) Geographical Indications Article 2 and 13c) Protection of Trade Secrets Article 7
d) Industrial Designs Article 19
e) Layout-Designs of Integrated Circuits Article 18f) Protection of Breeders of New Varieties of Plants Article 25
All the above provisions also provide that the court has authority to order the seizure,
forfeiture and destruction of infringing goods and any materials and implements, which have been
used for the commission of the offence.IP/Q/BHR/1, IP/Q2/BHR/1,
IP/Q3/BHR/1, IP/Q4/BHR/1
Page 54
B. STATISTICAL QUESTIONS
33. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated-circuit layout design, and trade secret
enforcement for 2000, including the number of cases filed; injunctions issued; infringing
products seized; infringing equipment seized; cases resolved (including settlement); and theamount of damages awarded.
Statistics are not available.
34. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fineswere paid and whether the jail term was actually served or was suspended) and any other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
Statistics are not available.
__________