United States of America
Bahrain, Kingdom of
General
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 of WTO 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. 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 originating 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; 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. 3) The provisions of this Law on the protection of broadcasts shall apply to: a) Broadcasts of broadcasting organisations 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 in accordance with any international convention or other international agreement to which the State of Bahrain is party.