United States of America

Bahrain, Kingdom of

IP Enforcement

Special requirements related to border measures

29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please 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 Neighbouring 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.