Industrial Designs Law in Qatar
Qatar's industrial design protection is governed by Law No. 10 of 2020, which replaced the previous Law No. 9 of 2002. This law provides a comprehensive framework for the registration and enforcement of industrial designs in Qatar.(Addleshaw Goddard)
Legal Framework
Governing Legislation: Law No. 10 of 2020 on the Protection of Industrial Designs. This law defines industrial designs and outlines the procedures for their registration, protection, and enforcement.
Implementing Regulations: As of now, the implementing regulations for this law have not been issued. These regulations are expected to provide detailed procedures and requirements for the registration and enforcement of industrial designs. (CWB)
Protection Criteria
Definition: An industrial design is defined as "any two or three-dimensional composition of lines and colours that gives any industrial or craft product a specific appearance that is not only for a functional or technical purpose." (Addleshaw Goddard)
Novelty Requirement: Designs must be new and not have been disclosed to the public anywhere in the world before the filing date. However, disclosures made at national or international exhibitions within six months prior to the filing date do not affect the novelty of the design. (CWB)
Registration Process
Application Submission: Applications for industrial design registration must be submitted to the Industrial Property Protection Office (IPPO), which operates under the Ministry of Commerce and Industry. (Addleshaw Goddard)
Examination and Publication: Upon submission, the IPPO will examine the application. If accepted, the design will be published, and third parties have 60 days to file any objections. (Addleshaw Goddard, CWB)
Priority Rights: Applicants can claim priority based on earlier filings in other World Trade Organization (WTO) member countries within six months of the initial filing.
Duration and Renewal
Initial Protection: The protection period for a registered industrial design is five years from the filing date.
Renewal: The protection can be renewed for two additional periods of five years each, totaling a maximum protection period of 15 years. (kashishworld.com)
Late Renewal: A grace period of six months is provided for late renewal, subject to payment of applicable fees. (kashishworld.com)
Rights and Enforcement
Exclusive Rights: The owner of a registered industrial design has the exclusive right to prevent third parties from manufacturing, selling, distributing, importing, or exporting any goods bearing the design without authorization. (baianatip.com)
Infringement Penalties: Infringement of industrial design rights can result in:(Addleshaw Goddard)
Seizure of infringing goods (with a court order).(baianatip.com)
Imprisonment for up to three years and/or fines up to one million Qatari Riyals.(Addleshaw Goddard)
Compensation for direct damages, including profits made by the infringer. (Addleshaw Goddard)
Licensing and Compulsory Licensing
Licensing: Licensing agreements must be in writing and registered with the IPPO to be effective. (Addleshaw Goddard)
Compulsory Licensing: The law allows for the issuance of compulsory licenses for public benefit, subject to a decision by a committee established by the Council of Ministers. (Addleshaw Goddard)
Reciprocity and Enforcement
Reciprocity: Foreign applicants from WTO member countries are granted the same rights as Qatari nationals, provided there is reciprocal treatment. (Addleshaw Goddard)
Enforcement: Enforcement of industrial design rights can be pursued through the Qatari courts, with penalties for infringement as specified above.
Summary
Aspect
Details
Governing Law
Law No. 10 of 2020
Governing Authority
Industrial Property Protection Office (IPPO), Ministry of Commerce and Industry
Protection Period
5 years, renewable twice for 5 years each (total 15 years)
Novelty Requirement
Absolute novelty; exceptions for disclosures at exhibitions within 6 months
Registration Process
Application to IPPO; examination; publication; 60-day opposition period
Rights Granted
Exclusive right to prevent unauthorized use; enforcement through courts
Infringement Penalties
Seizure of goods; fines up to 1 million QAR; imprisonment up to 3 years
Licensing
Written agreements; registration with IPPO required
Compulsory Licensing
Possible for public benefit; subject to government committee decision
Reciprocity
Available for WTO member countries
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