This article seeks to provide a summary of the progress of the implementation of the Trade Mark Law in the six countries of the Cooperation Council for the Arab States of the Gulf (the “Gulf Cooperation Council” or “GCC”).

The GCC Trade Mark Law does not create a system for a trade mark registration effective in all GCC countries. It creates uniformity in the laws and implementing regulations in each country; except, perhaps, in official fees.

The primary legislation:

• The GCC Trade Mark Law was first approved by resolution of the Supreme Council of the GCC during the 27^th meeting held in Riyadh, Saudi Arabia on 9^th and 10^th December 2006.

• A revised version of the GCC Trade Mark law was approved by resolution of the Supreme Council of the GCC during the 33^rd meeting held in Bahrain on 24^th and 25^th December 2012

• The Trade/Commercial Cooperation Committee of the Cooperation Council for the Arab States of the Gulf approved the Implementing Regulations of the Trade Mark Law in its 51^st meeting held in Doha, Qatar on 21 May 2015.

Status in each country

Bahrain

• Law No. 6 of 2014 approving the Trade Mark Law of the GCC

  • Issued on 17 February 2014
  • Published in Official Gazette No. 3145 on 27 February 2014
  • Provides that the provisions will come in to force six months after the Implementing Regulations are issued
  • Repeals Trade Mark Law No 18 of 2007 relating to the 2006 version of the GCC Trade Mark Law
  • Provides that the current Trade Mark Law No 11 of 2006 will be repealed when Law No 6 of 2014 comes in to force
  • Ministerial Decree No. 65 of 2016 Issuing Executive Regulation for the Trade Mark Law of the Cooperation Council for the Arab States of the Gulf approved by Law No 6 of 2014
    • Issued 23 May 2016
    • Published in Official Gazette no. 3263 dated 26 May 2016
    • Stated to be effective from 29 May 2016 (the first working day after publication in the Official Gazette)
    • Sets out the fees in Saudi Riyals

Comment

• The increases in the official fees were applied from 29 May 2016.
• While the Implementing Regulations were stated to be effective from 29 May 2016, Law No 6 of 2014 provides that the provisions of the GCC Trade Mark Law will come in to force six months after the Implementing Regulations are issued – so November 2016.

Kuwait

• Law No. 13 of 2015 approving the Trade Mark Law of the GCC

  • Issued on 11 March 2015
  • Published in Official Gazette No. 1228 on 22 March 2015
  • Provides that the law will come in to force immediately with Implementing Regulations to follow.
  • Ministerial Decision No. 500 of 2015
    • Issued on 20 December 2015
    • Published on 27 December 2015 in Official Gazette no. 1268, into force on 28 December 2015
    • Sets out the fees in Kuwaiti Dinars
    • States that ‘any matter that contradicts this Decree shall be cancelled’.
    • This was the first publication of the Implementing Regulations of the GCC Trade Mark Law

Oman

• No legislation published in relation to either version of the GCC Trade Mark Law.

Qatar

• Law No. 7 of 2014

  • Issued on 8 June 2014
  • Published 30 June 2014
  • Provides that the Law will come in to force six months after the publication of the Implementing Regulations
  • Repeals Law No 18 of 2007 relating to the 2006 version of the GCC Trade Mark Law
  • Implementing regulations no yet published.

Comment

• The Law states that provisions which contravene Law No 7 of 2014 are repealed but does not mention specifically the current Trade Mark Law No 9 of 2002.

Saudi Arabia

• Council of Ministers Decision No 306 of 1435

  • Issued on 1435 07 20 (20 April 2014)
  • Date of Publication - not known
  • Approves the GCC Trade Mark Law
  • Attaches a draft Royal Decree
  • States that the new law will repeal old law D/94 dated 1428 11 23
  • States that "the Law must be implemented within six months from the date of endorsement of the Trade/Commercial Cooperation Committee of the Implementing Regulations"
  • Royal Decree M51 of 1435
    • Issued on 1435 07 26 (26 April 2014)
    • Date of Publication - not known
    • The Royal Decree approves Council of Ministers Decision No 306
    • States that " the Law must be implemented within six months from the date of endorsement of the Trade/Commercial Cooperation Committee of the Implementing Regulations"
    • States that "This Law shall be published in the Official Gazette within thirty days from the date of endorsement of the Trade/Commercial Cooperation Committee of its Implementing Regulations, and shall be in force after ninety days from the date of its publication."
    • Cancels Royal Decree No. D/94 dated 23/11/1428 relating to the 2006 version of the GCC Trade Mark Law
    • The text of the GCC Trade Mark Law and the Implementing Regulations was published in Official Gazette issue No. 4625 on 1 July 2016 and may come in to force on 27 September 2016 (26 12 1437).

Comment

• There is currently some uncertainty over whether the publication of the Trade Mark Law and the Implementing Regulations was effective to bring both in to force in Saudi Arabia.  The uncertainty is about whether either or both of the Council of Minister Decision or the Royal Decree should have also been published.

UAE

• Federal Law No. 52 of 2007
  • Issued on 20 June 2007
  • Published on 25 July 2007

Comment

• Related to the 2006 version of the law. No implementing regulations.
• No legislation published in relation to the 2013 version of the GCC Trade Mark Law.

The effect on fees in Bahrain and Kuwait following the local implementation of the GCC Trade Mark Law has been significant. A further article detailing the effect on the fees will follow shortly.

Please click here to read more on the effects of the official fees following the implementation of GCC Trade Mark Law.

TAGS

• Trade Marks
• UAE
• GCC