New IP Draft Law Introduced in Syria
06 Jun 2006DAMASCUS - Abu-Ghazaleh Intellectual Property (AGIP) announced in a Saturday press release a new proposed draft law for Distinctive Marks, Geographical Indications and Industrial Designs and Models was approved by the Syrian Council of Ministers on June 6, 2006.
According to the Syrian Arab News Agency (SANA), the draft law will replace the current Legislative Decree No. 47 of 1946 on Trademarks, Patents and Industrial Designs and Models.
"The draft law, which is in line with the international treaties and agreements in the field of intellectual property, aims at keeping pace with the recent economic developments in Syria," Secretary of the Council of Ministers Maher Mojtahed told Al-Baath Newspaper.
New provisions related to the filing of applications in different classes of goods or services, publication, oppositions and appeals have been included in the draft law. For example, international applications filed under the Madrid Agreement and Protocol and designating Syria will be treated as national applications and will be subject to the same examination and opposition procedures as national applications.
Famous marks that are well-known in Syria and abroad are recognized as per the draft law, and courts shall ensure their protection even if such marks are not registered in Syria.
To achieve better enforcement of Intellectual Property Rights (IPRs), new stringent border measures were also introduced. The measures entitle the rights' holders to request the Customs Authorities to monitor imports for suspected infringement. The Customs will have the authority to inspect containers, seize any suspected goods and give the parties concerned ten days to initiate proceedings.
A special chamber will be set up at the Court of First Instance to examine cases related to intellectual property infringements.
The new draft law designates for the first time a chapter that regulates the status of intellectual property agents in Syria.
The new draft law designates for the first time a chapter that regulates the status of intellectual property agents in Syria.
The draft law will be passed either by a legislative decree by the Syrian President Bashar Al-Assad or it will be referred to the Parliament to be endorsed.
According to the draft law, the Syrian Ministry of Economy and Trade issued a new scale of official fees for the registration and maintenance of trademarks and industrial designs. The newly modified charges will be applied once the draft law is enacted.
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