Forging Ahead: Intellectual Property Frameworks in Qatar and Bahrain Driving Innovation and Efficiency
The modifications in the IP framework in Qatar and Bahrain have brought significant shifts to the IP workflow in respective jurisdictions. In Qatar, the major changes are applied to the patent annuity payments, power of attorney requirements for IP works, fee structure for IP services, and Madrid protocol designations and renewals. Whereas in Bahrain, the patent prosecution highway program has been established to speed up the patent examination process.
1. Qatar Updates:
a. Annuity Payments for Patent Applications
The Intellectual Property Department of the Ministry of Commerce and Industry has issued a new directive (Circular No. 2/2024) that provides applicants with the option to refrain from paying annual fees if three years pass without a decision being made by the patent office on their application. This exemption lasts until the office renders a decision to accept the application and grant the patent. Upon grant, all the overdue annual fees must be settled along with the grant fees, while the remaining subsequent annuities can be paid on their respective due dates until the end of the protection period.
b. New Power of Attorney [POA] Requirements
An official circular was issued by the Intellectual Property Department in Qatar on June 25, 2024, outlining updated requirements for POA for intellectual property works. The updates are as follows:
Ministry of Foreign Affairs (MoFA) Certification: POAs legalized abroad by Qatari embassies now require local attestation by the Qatar Ministry of Foreign Affairs.
- Sworn Translation: A sworn translation must be provided along with the POA from an accredited translation office.
- Notarization and Time Limits: POAs are now valid for only three years. The POAs exceeding three years from issuance require validation by the Qatar Ministry of Justice.
c. Charging Individual Fees for Madrid Protocol Designations and Renewals
Qatar has notified the World Intellectual Property Organization (WIPO) of its preference for individual fees for Madrid Protocol designations and renewals. The specific fees are 1,127 CHF [per class of goods or services] for international applications where Qatar is designated or in a designation subsequent to an international registration and 876 CHF [per class of goods or services] for renewals. This change came into effect on August 3, 2024, after establishing these fees by the Director General of WIPO in accordance with Rule 35 (2)(b) of the Madrid Protocol.
d. Fee Reductions for Businesses
The Ministry of Commerce and Industry has implemented significant reductions in official fees for various services including those of designs and patents. This initiative, outlined in Ministerial Decision No. (60) for 2024, offers fee reductions of up to 90% on services related to business and intellectual property protection. The new fees will be implemented upon gazette publication, taking effect the following day.
2. Bahrain Updates
a. Patent Prosecution Highway Pilot Program with China
The Ministry of Industry and Commerce (MOIC) of Bahrain has officially joined the Patent Prosecution Highway (PPH) pilot program with the China National Intellectual Property Administration (CNIPA), effective May 1, 2024, and runs until April 30, 2029. Applicants who receive a positive ruling on patent claims from either MOIC or CNIPA can leverage the PPH program to expedite the examination of corresponding claims in the other office. By reducing duplication of efforts, the PPH aims to accelerate patent approvals and facilitate innovation.
Conclusion
Based on the above-outlined facts, it appears that Qatar and Bahrain are taking significant strides to strengthen their intellectual property (IP) frameworks. It is prudent to note that the changes in Qatar on the one hand look easier on the fee structure/annuity payment procedure giving much advantage to the small startups/ individual investors, on the other hand can be quite challenging to the Applicants considering the new power of attorney requirements.
For Bahrain, the Applicant opting PPH program will have the great advantage of expediting the examination process and getting their Patent registered efficiently. With the continued development of these IP systems, it will be interesting to see how these changes act hand-in-hand and attract more innovation and collaborative effort in respective countries.
