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 Law 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 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, 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 only available to registered Geographical Indications.
Article 5 of the draft Law on Geographical Indications 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 Agreement on Additional Protection for Geographical Indications for Wines and Spirits, such additional protection may be sought based on Article 13 of the 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 provisions of Article 61 of the Law of Commerce of 1987.
