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 Designs
6. 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 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.
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 of the 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 those allowed 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.
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 introduces the 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.
