Examen de la législation d'application de l'Accord sur les ADPIC ‒ Recherche

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Aux termes de l'article 63:2 de l'Accord sur les ADPIC, les Membres doivent notifier les lois et réglementations qu'ils auront rendues exécutoires, et qui visent les questions faisant l'objet de l'Accord, au Conseil des ADPIC pour l'aider dans son examen du fonctionnement de l'Accord.

Cette page vous permet d'effectuer une recherche dans les questions et réponses des Membres au sujet des lois et réglementations notifiées. Vous pouvez consulter les résultats de la recherche à l'écran ou les télécharger afin de les imprimer au format Excel. Vous pouvez également télécharger des documents spécifiques.

* Vous n'êtes PAS obligé(e) de sélectionner tous les champs de recherche ci-dessous (uniquement les champs qui sont pertinents pour votre recherche).
* Veuillez noter que les critères de recherche sélectionnés sont cumulatifs et figureront tous dans les résultats de votre recherche.


Page 670 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 14. Please explain whether or not your trademark registration authority refuses a trademark application if it contains a geographical indication.
By virtue of Article 3(f) and (g) of the draft law on Trademarks, the following are not registerable as trademarks. - those which are identical or similar to geographical names and indication if they are likely to be misleading as regards the origin or source of a good or service. - those which are likely to mislead the public or contain false information concerning the origin or source of a good or service or concerning other features, as well as those which include a fictitious, imitated or counterfeit trade name.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 15. Please give the definition of a geographical indication in your legislation.
Article 1 of the draft Law on Geographical Indications defines Geographical Indications as follows: Geographical indications are, for the purposes of this law, geographical statements which identify a good as originating in the territory of a member of the World Trade Organization or a State that accord similar treatment to the State of Bahrain, where the quality, reputation or other characteristics of the goods is essentially attributable to such geographical origin.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 16. Please describe and explain the provisions of your legislation establishing a link, if any, between the characteristics of an indication and its geographical origin.
Please see the response to question 14.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 17. Please describe how additional protection is granted by your legislation to wines and spirits. Please mention other types of products, if any, covered by this additional protection.
The draft Law on Geographical Indications explicitly implements Article 22 of the TRIPS Agreements. Additional protection, such as that provided for under Article 23 of the TRIPS Agreement, may be sought based on Article 13 of the draft Law which provides that any person may claim a more favourable protection if it is provided for by virtue of any agreements, convention or treaty to which Bahrain is party.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your jurisdiction. Please provide examples of the use of the exceptions by courts or lists of names considered as generic in your jurisdiction.
By virtue of Article 9 of the draft Law on Geographical Indications the following are not considered as violations of the provisions of the said Law: a) use of a geographical indication, in any manner, if such indication is identical with the term customary in common language as the common name for certain good or service in the State of Bahrain. b) use by any person, or that of his predecessor in the course of trade, in a manner that does not mislead the public. c) use of a geographical indication which is not or ceases to be protected in the country of origin, or which has fallen into disuse in that country. The draft Law does not contain examples of names considered as generic.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 19. Please explain whether or not your legislation extends to the protection of designs dictated essentially by technical or functional consideration. Please explain how textile designs are protected.
Article 6(c) of the draft Law on Industrial Designs provides that it is prohibited to register industrial designs that are dictated essentially by technical or functional consideration. By virtue of Article 1 of the draft Law on Industrial Designs, textile designs falls within the definition of an industrial design and hence are protectable under the proposed law.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 20. Please explain how your legislation protects right holders of a design against importing of articles bearing embodied or copied design.
Protection is provided based on Article 9 of the draft Law on Industrial Designs which provides: "The protection prescribed for an industrial design under this Law shall grant its owner the right to prevent others from selling, importing or manufacturing, for commercial purposes, any product whose design has been reproduced in its entirety or as a part thereof."
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 21. Please state whether or not your legislation provides for the right to issue a compulsory licence for industrial designs.
Neither the current legislation, nor the draft Law on Industrial Designs provides for the right to issue a compulsory licence for industrial designs
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 22. Please indicate for what period of time your legislation grants protection for industrial designs.
Article 10 of the draft Law on Industrial Designs provides that the duration of protection is for 10 years from the filing date of the application for registration. Article 10 further provides that this period may be extended for a further period of five years if the owner of the design files an application for extension during the final year, in accordance with the manner determined in the regulation issued in pursuant to the Law.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 23. Please describe how your legislation defines the nations of novelty, inventiveness and industrial application.
The definitions are provided in Articles 1 and 2 of the draft Law on Patents and Utility Models. These two Articles are reproduced below: Article 1 An invention is patentable under this Law if it is new, involves an inventive step and is industrially applicable, whether it is related to new industrial products - imported or locally - or new industrial processes or to a new application to known industrial processes. A patent shall be granted independently of any modification, enhancement or addition to a patent previously granted on an invention in accordance with the provisions of this Law. Article 2 a) An invention shall be deemed to be new if it is within prior art which includes all that has been disclosed to the public in Bahrain or abroad , in tangible form or orally or use or any other way sufficient to disclose the particulars of the invention prior to filing an application for the patent . For the purpose of this paragraph, disclosure to the public of the invention shall not be taken into consideration if it occurred within twelve months preceding the filing date as a result of displaying the invention in national or international exhibitions in accordance with the rules and requirements determined under a Ministerial regulation issued in pursuance to this Law. Moreover, disclosure which takes place during the same period shall not be taken into consideration if it occurred by reason of or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title. b) An invention shall be considered as involving an inventive step if, having regard to the prior art relevant to the invention, it would not have been obvious to a person having ordinary skill in the art. c) A patent shall be considered industrially applicable if it can be applied in agriculture, fishery, handicrafts, services or any field of industry in its broadest sense.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed without any exclusion. If exclusions are provided for, please describe in detail how these exclusions are applied in legal as well as practical terms.
The draft Law on Patents and Utility Models contains exceptions which do not go beyond those allowed under Article 27 of the TRIPS Agreement. The exceptions provided by virtue of Articles 1 and 3 of the draft Law are: a) Inventions, the prevention of the commercial exploitation, within the State of Bahrain, of which is necessary to protect public order or morality or to avoid serious damage to the environment. b) Plants and animals, other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. c) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals, excluding products used for such methods. d) Scientific discoveries, theories and mathematical methods. Plant varieties are to be protected by a Law on the Protection of New Plant Varieties which is available in a draft form. As the draft Law has not yet been enacted, it is not possible at this stage to elaborate on how these exclusions are applied in legal or practical terms although almost all of them are self-explanatory.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 25. Please explain whether your legislation provides for the exclusion of inventions from patentability based on ordre public or morality. If so, please explain the relevant section of your legislation and explain its formulation. Please also explain if it has been applied in practice.
As indicated in the response to question 24, the draft Law on Patents and Utility Models, excludes from Patentability under Article 3(a) inventions the prevention of the commercial exploitation of which is necessary to protect public order or morality. The draft Law does not elaborate on the scope of public order or morality. As the proposed legislation is still in a draft form and hence has not yet been implemented, it is not possible at this stage to explain how the provision is or will be implemented in practice.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation.
As indicated in the response to question 24, the draft Law on Patents and Utility Models, excludes from patentability under Article 3(e) diagnostic, therapeutic and surgical methods for the treatment of humans and animals but not products for use in any of those methods.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 27. Please explain whether or not plants, animals and essentially biological processes are excluded from patentability in your legislation. If so, please explain the relevant section of your
As indicated in the response to question 24, the draft Law on Patents and Utility Models, excludes from patentability under Article 3(d), plants and animals other than those micro-organisms and essentially biological processes.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 28. Please describe how micro-organisms, non-essentially biological processes, microbiological processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant actions of your legislation.
As indicated under the responses to questions 23 and 24, by virtue of Article 2(c) and Article 3(d) of the draft Law on Patents and Utility Models, micro-organisms, non-essentially biological processes and microbiological process are patentable. Plant varieties are to be protected by a separate law which is available in a draft form. The draft law on the protection of plant varieties is based on the UPOV model law.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 29. Please explain how your legislation protects patent right holders against the importing and against the offering for sale of a patented invention.
Article 11 of the draft Law on Patents and Utility Models provides that the patent holder shall have the following rights: a) Where the subject matter of a patent is a product: The patent holder has the exclusive right to prevent third parties not having the holder's consent from the acts of making, using, offering for sale, selling, or importing for these purposes that product. b) Where the subject matter of a patent is a process: The patent holder has the exclusive right to prevent third parties not having the holder's consent from the acts of using the process, and from the acts of: using, offering for sale, selling, or importing for those purposes the product obtained directly by that process.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 30. Please state if your legislation provides for patent product protection of pharmaceutical and agricultural chemical products. In the affirmative, please indicate the legal reference.
By virtue of Article 2(c) of the draft Law on Patents and Utility Models pharmaceutical and agricultural chemical products are patentable.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the product obtained directly by that process.
As indicated in the response to question 29, Article 11 of the draft Law on Patents and Utility Models provides that where the subject matter of a patent is a process, the patent holder has the exclusive right to prevent third parties not having the holder's consent from the acts of using the process, and from the acts of using, offering for sale, selling, or importing for those purposes the products obtained directly by that process.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 32. Please explain the additional conditions, if any, in your legislation other than the sufficient disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for access to genetic material or prior inform consent to its use). If such additional conditions exist, please point out the relevant legislations and describe the additional conditions in detail.
There are no additional conditions.
24/10/1996
IP/Q/BHR/1, IP/Q2/BHR/1, IP/Q3/BHR/1, IP/Q4/BHR/1 Bahreïn, Royaume de Union européenne 33. Please describe if your legislation provides for limited exceptions to the exclusive rights conferred by a patent. If affirmative, please make a reference to relevant legislation.
Article 13 of the draft Law on Patents and Utility Models provides for limited exceptions to the exclusive rights conferred by a patent whereby the use of a patent does not require the authorization of the patent holder. These are: a) The use of the patent for personal purposes, which are non-commercial and nonindustrial, or for research purposes. b) Where a third party in Bahrain has in good faith made arrangements to exploit in Bahrain the invention the subject of the patent before an application of a patent is filed and without the consent of the patent holder, that third party shall have the right to use the invention for the purposes of its own undertaking and provided that such right shall not be transferable independently of that undertaking. c) Use of the invention on a land vehicle, vessel or aircraft temporarily or accidentally present in Bahrain. d) The use by a third party of the patent during its protection period for manufacturing a pharmaceutical chemical product for the purpose of obtaining governmental approval for the marketing of the product provided that the marketing does not start prior to the expiry of the protection period.
24/10/1996

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