United States of America
Bahrain, Kingdom of
IP Enforcement
Criminal Procedures
30. Please describe in detail how the Laws of Bahrain implement Article 61 of the TRIPS Agreement 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.