RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/309
19 September 2001
(01-4437)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal: English
REVIEW OF LEGISLATION
Responses from Bahrain to the questions posed by Canada, the European Communities
and their member States, Japan, Switzerland and the United States
By means of a communication from the delegation of Bahrain dated 18 September 2001, the
Secretariat has received the following responses  to questions posed by Canada, the European
Communities and their member States, Japan, Switzerland and the United States, circulated in
documents IP/C/W/261, 274, 258, 263 and 268, respectively.
_______________
CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement)
have been implemented.
The respective draft Law for each form of intellectual property rights implements the
provisions of Articles 41-61 of the TRIPS Agreements. Details are available in Bahrain's responses to
the Checklist of Issues on Enforcement available as document IP/N/6/BHR/1.
2. What protection does your copyright legislation afford to “foreign works”?
Articles 59 and 60 of the draft Law on Copyri ght and Neighbouring Rights provide for the
works which are protected within the scope of the said Law.
- With respect to literary, artistic and scientific works, Article 59 provides:
1) The provisions of this Law on the protection of literary, artistic and scientific works
shall apply to:
a) Works of authors who are nationals of, or have their domicile in, the State
of Bahrain;
b) Works first published in the State of Bahrain, and works first published in
another country and also published in the State of Bahrain within 30 days, irrespectiveof the nationality or residence of their authors;
c) Cinematographic works, the producer of which has his headquarters or
domicile in the State of Bahrain; and
d) Works of architecture erected in the State of Bahrain and other artistic
works incorporated in a building or other structure located in the State of Bahrain.IP/C/W/309
Page 2
2)  The provisions of this Law shall also apply to works that are eligible for protection in
the State of Bahrain by virtue of and in accordance with any international convention or other
international agreement to which the State of Bahrain is party.
With respect to performers, phonograms and broadcasts, Article 60 provides:
1) The provisions of this Law on the protection of performers shall apply to:
a) Performers who are nationals of the State of Bahrain;
b) Performers who are not nationals of the State of Bahrain but whose
performance:
i) Take place in the territory of the State of Bahrain, or;
ii) Are incorporated in phonograms that are protected under this Law,
or;
iii) Have not been fixed in a phonogram but are included in broadcasts
qualifying for protection under this Law.
2) The provisions of this Law on the protection of phonograms shall apply to:
a) Phonograms the producers of which are nationals of the State of Bahrain;
b) Phonograms first fixed in the State of Bahrain; and
c) Phonograms first published in the State of Bahrain.
3) The provisions of this Law on the protection of broadcasts shall apply to:
a) Broadcasts of broadcasting organisa tions the headquarters of which are
situated in the State of Bahrain, and;
b) Broadcasts transmitted from transmitters situated in the State of Bahrain.
The provisions of this Law shall also apply to performers, producers of phonograms and
broadcasting organisations that are eligible for protection by virtue of and in accordance with anyinternational convention or other international agreement to which the State of Bahrain is party.
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. G
ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Ar ticle 8 of the TRIPS Agreement. If yes, please
explain how such measures are consistent with the provisions of the TRIPs Agreement.
As permitted under Article 27.2 of the TRIPS Agreement, Article 3(a) of the draft law on
Patents and Utility Models excludes from Patentability inventions the prevention of the commercial
exploitation, within the State of Bahrain, which is necessary to protect public order or morality or to
avoid serious damage to the environment.IP/C/W/309
Page 3
Article 20 of the draft law on Patents and Utility Models provides that inventions with
extreme importance to public defence and security may be objected to by the security authorities
against the purchase of the invention for a fair and equitable price and also qualify for the grant of a
compulsory licence for the exploitation of the invention in accordance with the provisions of the law.
Also by virtue of Article 24 of the draft Law on Patents and Utility Models, a non-exclusive
compulsory license for the exploitation of a Patent may be awarded in cases of national emergency or
other circumstance of extreme urgency or for public non-commercial use.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works, as  specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Borne Convention and the Appendix to the
Borne Convention (1971).
The draft Law on Copyright and Neighbouring Rights will supersede the Copyright Law
which was enacted in 1993.  The draft Law implements Articles 9 to14 of the TRIPS Agreement.Although not required under the TRIPS Agreement, the draft Law implements Article 6 bis of the
Berne Convention as Bahrain is party to the said convention.  The draft Law also implements many of
the provisions of the WIPO Copyright Treaty  and WIPO Performances and Phonograms Treaty.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Paragraph 2 of Article 2 of the draft Law on Copyright and Neighbouring Rights provides that
computer programmes whether in source or object code are protectable. Similarly, Paragraph 3 of
Article 2 provides that databases whether or not computer readable are protectable.
Moreover, Paragraph 13 of Article 2 provides that derivative works are protectable.  Article 1
defines derivative works as
"Works derived from other existing works, such as translations, musical arrangements,
compilation of works, including databases, whether or not computer readable, and collections
of expressions of folklore, which, by reason of the arrangement and selection of theircontents, are considered creative."
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
Article 5(d) of the draft Law on Copyright and Neighbouring Rights provides that the author
and his successor in title has exclusive right to authorise or prohibit the use of one or more copies of
his work by others for rental or lending to the public.  Article 7 provides that such right with respect to
computer programs does not apply where the program itself is not the essential object of the rental or
lending.  Article 7 further provides that the right does not apply with respect to cinematographicworks unless such rental or lending has led to widespread copying of such work which is materially
impairing the exclusive right of reproduction.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
With respect to performers, Article 15 of the draft Law on Copyright and Neighbouring
Rights provides:IP/C/W/309
Page 4
"Performers shall enjoy in respect of their performances the following exclusive rights:
i) To broadcast or communicate their unfixed performances to the public.
ii) To fix their unfixed performances on phonograms.
iii) To reproduce their fixed performances on phonograms.
iv) Authorise commercial rental or lending to the public of an original or copies of their
fixed performances."
With respect to producers of phonograms, Article 17 of the draft Law on Copyright and
Neighbouring Rights provides that producers of phonograms enjoy the following exclusive rights:
i) Prevent any exploitation of their recording in any manner, without prior written
authorization, directly or indirectly, including in particular; reproduction, renting, lending,
broadcasting or making available to the public through computers or the Internet or other
means of technology.
ii) Making their recordings available to the public by wire or wireless means or through
computers or any other means of technology.
With respect to broadcasting organizations, Article 18 of the draft Law on Copyright and
Neighbouring Rights provides that broadcasting or ganizations enjoy the following exclusive rights:
a) fixation and reproduction of their broadcasts;
b) rebroadcasting by wireless means of their broadcasts;
c) communication to the public of their television broadcasts; and
d) licensing the exploitation of their fixed or unfixed broadcasts.
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in light of Article 13 and 14.6 of the TRIPS Agreement.
The draft Law on Copyright and Neighbouring Rights provides for certain limitations and
exceptions to the rights indicated in the response to question 5.  These are consistent with the
limitations and exceptions allowed under the TRIPS Agreement. The limitations and exceptions are
provided under Articles 19 to 24 of the draft Law.
7. Please state the terms of protection of each right described above and the work or subject
matter to which it applies.
With respect to performers, Article 34 of the draft Law on Copyright and Neighbouring
Rights provides the term of protection to a performance  for a period of 50 years computed from the
first day of the Gregorian calendar year following the year in which the performance was first fixed
on a phonogram or, in the absence of such fixation, the year in which the performance took place.
With respect to producers of phonograms, Article 35 of the draft Law on Copyright and
Neighbouring Rights provides that the term of protection shall last until the end of a period of 50
years computed from the first day of the Gregorian calendar year following the year in which the
publication of the phonogram was made or, in the absence of publication, the year in which the
performance took place.IP/C/W/309
Page 5
With respect to broadcasting organizations, Article 36 of the draft Law on Copyright and
Neighbouring Rights provides that the protections shall last until the end of a period of 20 years
computed from the first day of the Gregorian calendar year following the year in which the broadcast
took place.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
This is accounted for in Articles 63 and 64 of the draft Law on Copyright and Neighbouring
Rights.  While Article 64 provides that the new Law shall come into effect upon its publication in the
Official Gazette, Article 63 provides :
The provisions of this Law, with the exception of Articles 49 to 53, shall apply also to works,
performances phonograms and broadcasts dating back to before the date of the coming into effect of
this Law, provided that the term of protection had not expired under the previous legislation or under
the legislation of the country of origin of such works, performances, phonograms or broadcasts thatare to be protected or under an agreement or treaty to which the State of Bahrain is party. The Law
shall not effect contracts on works, performances, phonograms and broadcasts concluded before the
entering into force of this Law.
C. T
RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
Article 1 of the draft Law on Trademarks provides:
"A trademark is any distinctive sign comprised names, works, signatures, letters, symbols,
numerals, addresses, seals, designs, pictures, engravings, figurative elements, shapes,
wrappings, combination of colours or any combination of such visible signs if used, or
intended to be used , for distinguishing the goods or services of one undertaking from those of
other undertakings or to indicate the provision of a particular service. Sound and smell may
form part of the trademark."
Article 3 of the draft Law provides that the following shall not be considered as registerable
trademarks and their application for registration shall not be accepted if they have any of the
following descriptions:
a) Marks that are devoid of any distinctive character or consist of signs that customarily
designate the goods or services or the common drawings or pictures of the goods or
services.
b) Any expression, drawing, picture or mark that is contrary to public order or morality.
c) Honorary signs, public and military insignia, flags and other symbols belonging to the
State of Bahrain or Arab or international or ganizations or any of their institutions or
belonging to any of the states that accord si milar treatment in this respect to the State
of Bahrain as well as any imitation of the foregoing matters.
d) Symbols of the Red Crescent or Red Cross and emblems of the same character as well
as all imitations thereof.
e) Similar or identical marks to the symbols that have a purely religious character.IP/C/W/309
Page 6
f) Geographical names and indications if their use is likely to cause confusion with
respect to the origin or source of the goods or services.
g) Marks that are likely to mislead the public or that contain false details about the origin
or source of the goods or services or their other qualities as well as marks that contain
a false, imitated or fictitious commercial name.
h)  Name of another person or his surname,  photograph or emblems unless he or his
heirs give their prior approval to the use thereof.
i) Particulars relating to honorary titles which the applicant for registration thereof is
unable to prove that he is legally entitled to use for such purposes.
j)  Marks that are identical or similar to a mark that was previously registered by others
for the same goods or services for which the mark is to be registered or for an item
thereof or a mark that is similar to the af oresaid mark to an extent that may lead to
misleading others; or marks the registration of which for certain goods or services
may undermine the value of the goods or services that are distinguished by the said
mark.
k) Any mark, or a fundamental part thereof, which is identical, similar or constitutes a
copy, imitation or translation of a well-known trademark for its use to distinguish
similar or identical goods or services to the goods or services for which it is famous
and is likely to cause confusion with the well-known trade mark or for its use for
goods or services in a manner that is likely to cause damage to the owner of the well-
known trade mark and indicates a relationshi p between it and such goods or services.
l) Marks that contain the following words or expressions: 'license',  'registered',
'registered drawing', 'copyright' or such similar words and expressions.
10. Please confirm whether or not services are a protectable subject matter in your trademark
law. Please confirm if signs, such as trade names, are protectable. Please describe if elements such as
sound, perfumes and containers are protectable.
Please refer to the definition of a trademark provided in the response to question 9.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration. Please explain the definition of use and the conditions of maintenance of a registrationin that respect.
Article 4 of the draft Law on Trademarks provides that either use or intended use qualifies for
registration. The draft Law does not include a definition of "use".
Article 19(b) provides that the court may, upon application by any party with interest, order
the registration to be cancelled if satisfied that the trademark has not been used for an uninterrupted
period of 5 years for no valid reason.
12. Please confirm whether or not your legislati on permits that the registration of trademarks be
indefinitely renewable.
By virtue of Article 19(b) of the draft Law the registration of a trademark is indefinitely
renewable. Article 19(b) provides that the protection of a registered mark shall be for 10 years from
the filing date in the State of Bahrain and the right holder may request the renewal of the registrationIP/C/W/309
Page 7
for other equivalent periods provided that he files a request for renewal during the last year of the a
particular term of protection.
13. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
There are no requirements prescribed in the draft Law concerning use of a trademark except
as provided under Article 19(b) indicated above under the response to question 11 above
D. GEOGRAPHICAL INDICATIONS
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.
15. Please give the definition of a geographical indication in your legislation.
Article 1 of the draft Law on Geographical Indi cations 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.
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.
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.
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.IP/C/W/309
Page 8
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 servicein 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.
E. I
NDUSTRIAL DESIGNS
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.
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."
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.
22. Please indicate for what period of time y our 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.IP/C/W/309
Page 9
F. PATENTS
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 applicationfor 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 involv ing 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. Please explain whether or not in your legisl ation, patent or otherwise, patent rights are
enjoyed without any exclusion. If exclusions are provided for, please describe in detail how theseexclusions 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.IP/C/W/309
Page 10
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.
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 isor will be implemented in practice.
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.
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 yourlegislation 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(d), plan ts and animals other than those micro-organisms
and essentially biological processes.
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 Ut ility 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.IP/C/W/309
Page 11
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 theprocess, and from the acts of: using, offering for sale, selling, or importing for those
purposes the product obtained directly by that process.
30. Please state if your legislation provides fo r 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.
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 theprocess, and from the acts of using, offering for sale, selling, or importing for those purposes the
products obtained directly by that process.
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TR IPS 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.
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 pu rposes, which are non-commercial and non-
industrial, 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 isfiled 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.IP/C/W/309
Page 12
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 approvalfor the marketing of the product provided that the marketing does not start prior to the
expiry of the protection period.
34. Please explain whether or not your legislation provides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted. In particular,
please explain how your national legislation considers individual merits in the authorization of such
use.
Article 13 of the draft Law on Patents and Utility Models provides for limited exceptions
where the use of a patent does not require the authorisation of the patent holder. These are:
a) The use of the patent for personal pu rposes, which are non-commercial and non-
industrial, 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 rightto 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.
Also Articles 24-27 of the draft Law on Patents and Utility Models provides for the
possibility of obtaining a compulsory license in respect of a patent. It is submitted that these
provisions are in line with Article 31 of the TRIPS Agreement. These provisions are reproduced
below
Article 24
The Minister of Commerce and Industry may issue a non-exclusive compulsory license for
the exploitation of a patent in the following cases:
a) National emergency or other circumstances of extreme urgency or for public non-
commercial use provided that the holder of the patent is notified as soon as possible
after the license is granted.
b) Where the holder of the patent has not made sufficient use of the patent to the
extent that he has failed to satisfy the needs of the domestic market, at reasonable
prices for 3, years starting from the date of the grant of the patent or 4 years starting
from the date of the filing of the patent application, whichever is longer. In such a
situation, the Minister shall have the right to issue a compulsory license to anyperson to whom the patent holder has refused to grant a license or to whom the
holder has imposed unfair commercial terms in order to grant him such a license.IP/C/W/309
Page 13
c) Where a patented invention (first patent) involves an important technical advance
of considerable economic significance in relation to another patented invention
(second patent), and where the first patent can not be exploited without exploiting
the second patent, the holder of the first patent may be granted a compulsory
license to exploit the second patent.  This is provided that the holder of the secondpatent has refused to allow such exploitation on reasonable terms. The exploitation
of the second patent authorized in this case may not be assigned without the
assignment of the first patent. The holder of the second patent may also be granted
a compulsory license to exploit, at reasonable terms, the first patent in respect to
which the other compulsory license was granted .
d) Where the holder of the patent exercises his rights for anti-competitive ends.
Article 25
The following provisions shall apply to compulsory licenses:
a) Applications for compulsory licenses shal l-upon the payment of the prescribed fee-be
considered each upon its own merits.
b) The license shall be exploited predominantly for the supply of the domestic market.
c) The applicant must be capable of effectively exploiting the invention through an
enterprise existing in the State of Bahrain.
d) The license shall only be granted if the applicant has made reasonable efforts to
obtain a license from the patent holder on reasonable commercial terms and conditions, and
that such efforts have not been successful within a reasonable period of time.
e) The applicant shall agree to limit the exploitation of the invention to the purpose,
scope, conditions and period for which the license is to be granted.
f) Where the proposed exploitation relates to semi-conductor technology, authorisation
shall only be granted for public non-commercial use or to remedy practices determined to be
anti-competitive.
g) The proposed user shall not assign the license except with the enterprise or the part
thereof relating to the exploitation of the invent ion and after the approval of the Minister of
Commerce and Industry.
h) The patent holder shall be entitled to adequate remuneration taking into account the
monetary value of the license.  The need to remedy anti-competitive practices, if applicable,
may be taken into account in determining the remuneration.
i) The conditions provided for in items (b) and (d) of this Article shall not apply to
situations where a license is granted to remedy anti-competitive practices.
j) The Minister of Commerce and Industry shall ex officio or at the request of any
interested party have the authority to amend the conditions of a compulsory license
in case of change in circumstances.IP/C/W/309
Page 14
Article 26
Except in cases of national emergency and other circumstances of extreme urgency as referred
to under Article 24(a), the competent Directorate at the Ministry of Commerce and Industry
shall provide the patent holder with a copy of the license application.  The patent holder shall
be provided a reasonable opportunity to respond in writing to the application. The processingof the application shall be in accordance wi th the procedure specified in the Implementing
Regulation.
The Minister of Commerce and Industry shall issue a decision accepting or rejecting the
application and may grant an acceptance subject to any conditions he deems appropriate.  In
all cases, the Minister shall notify the holder of the patent and the applicant of his decision
within 30 days of the issuance of such a decision and the competent Directorate shall enter the
decision in the register of patents.  The decision shall also be published in the mannerspecified in the Implementing Regulation.
Article 27
The Minister of Commerce and Industry shall ex officio or at the request of the patent holder
have the authority to terminate the license befo re the end of its term in the following cases:
a) The circumstances, which led to the granting of the license, have ceased to exist and
are unlikely to recur.  In such case, the legitim ate interests of the licensee shall be adequately
protected in accordance with the terms and procedures specified in the Implementing
Regulation.
b) The licensee has not exploited the license for two years from the date of its issuance.
c) The licensee has not complied with any of the conditions of the license or has failed
to fulfil his obligations under this Law and the related Implementing Regulation.
The decision of the Minister of Commerce and Industry in respect of the application for a
compulsory license may be challenged based on Article 36 of the draft Law which provides:
"Subject to the provisions for challenges provided for under Articles 18 and 19 and without
prejudice to the provisions of Article 15 of this Law, any interested party may submit apetition to the Minister of Commerce and Industry in respect of any final decision issued in
accordance with this Law within 30 days of its notification to that person.  A decision in
respect of the petition shall be issued within 30 days of its submission and the interested party
shall be notified of the decision in writing within 30 days of its date of issuance.  If the
interested party is not notified of a decision wi thin 60 days of the date of submission of his
petition, such petition shall be deemed rejected.
Where a petition has been rejected or deemed rejected, the interested party may appeal such
rejection before the High Civil Court within 60 days of its notification or lapse of the period
beyond which the petition is deemed rejected as the case may be. An appeal may not be
brought before the court until a petition has been filed and a decision has been issued or the
period for a decision has lapsed."
Individual merits in considering authorization will be for the Minister to consider when
deciding upon an application. His decision will be subject to review by the court based upon
Article 36 of the draft Law.IP/C/W/309
Page 15
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts
to obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time. In this context, how do you
define “reasonable period of time”. Please also expla in how your legislation ensures that the use of a
compulsory licence shall be authorised predominantly for the supply to the domestic market of theMember authorizing such use.
This will be for the Mister to consider on a case-by-case basis as stipulated under
Article 25(a). His decision is subject to review by the court.
By virtue of Articles 24 and 25 of the draft Law on Patents and Utility Models, the draft Law
provides that except where a compulsory licence is granted to remedy an anti-competitive practice orin cases of national emergency or other circumstances of extreme urgency or for public non-
commercial use, the proposed user must have made reasonable efforts to obtain a license from the
patent holder on reasonable commercial terms and conditions, and that such efforts have not been
successful within a reasonable period of time. The draft Law does not define "reasonable time", as is
the case with the TRIPS Agreement.  It was not considered appropriate to provide such a definitionand instead it was decided to leave this matter to be determined on a case by case basis depending on
the relevant circumstances peculiar to the application.
36. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection has lapsed.
The draft Law does not provide for additional protection for patented invention after the lapse
of 20 years which is counted from the filing date (Article 14 of the draft Law on Patents and Utility
Models).
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
This is accounted for by providing the following in the draft Law:
Article 42
Without prejudice to the provisions of any agreement or treaty to which the State of Bahrain
is party, patents granted in accordance with existing Laws and Regulations prior to the date of
entry into force of this Law shall enjoy protection, and be considered as though they are
registered under this Law.  The elapsed period of protection shall be deducted from the term
of protection provided for under this Law and its Regulations.
Article 43
The provisions of this Law shall apply to any application filed prior to the entry into force of
this Law and which has not been granted a patent.  The applicant may amend his applicationin accordance with the provisions of this Law.
Article 46
Ministers shall, each within its own capacity, implement this Law upon its publication in the
Official Gazette.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.IP/C/W/309
Page 16
Article 12 of the draft Law on Patents and utility Models provides the following:
"With due regards to the defendant’s right to protect his industrial and commercial secrets, the
civil court may, in a claim relating to the exploitation of a patented industrial process usedwithout the consent of its owner, order the defe ndant to prove that the process used to obtain
an identical product is different from the patented process. This is provided that the plaintiff
has been unable to identify the process actually used despite reasonable efforts and provided
the court believes it is likely that the identical product was made using the protected process."
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
The proposed draft Law on Layout Design of Integrated Circuits will provide protection to
Topographies of Integrated Circuits.  The draft Law incorporates the provisions of Articles 35 to 38 of
the TRIPS Agreement.
40. Please explain what protection your national legislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
Article 6 of the draft Law on Layout Desi gns of Integrated Circuits provides:
"The owner of the layout-design shall have the exclusive right to exploit it for commercial
purposes. Third parties may not reproduce, whether by incorporation in an integrated circuit
or otherwise, the protected layout-design in its entirety or any new part thereof; nor import,sell or otherwise distribute for commercial purposes a layout-design or an integrated circuit in
which a layout-design is incorporated, without the authorization of the right holder.
Notwithstanding, where any of the acts referred to in Paragraph (a) are performed by a person
who had no knowledge nor reasonable ground to know, when performing such act, that the
integrated circuit or article contains a protected layout-design, he may after being notified ,by
the right holder with registered mail with recorded delivery , that the integrated circuit orarticle contains a protected layout-design, dispose of the stock of articles in his possession or
that he has ordered but shall in either cases be liable to pay a fair compensation to the right
holder."
41. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit that
it contains an unlawful topography.
Please refer to the response to question 40 above.
42. Please state the term of protection granted by your legislation to topographies.
Article 8 of the draft law on the Protection of Lay out Design of Integrated Circuits provides that
the term of protection is 10 years counted from the date of filing an application for registration in theState of Bahrain or from the date of its first commer cial exploitation in the State of Bahrain or abroad,
whichever expires earlier, but in all cases the term of protection shall expire 15 years after the creation
of the layout design.IP/C/W/309
Page 17
H. PROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
A defined period for protection is prescribed only with respect to undisclosed tests or data the
origination of which involves a considerable effort, and which have been submitted to the competent
authorities for the purpose of obtaining approval for marketing of pharmaceutical or of agricultural
chemical products which utilize new chemical entities.  Article 2 of the draft Law on the Protection of
Trade Secrets provides that the competent authorities which receive such tests or data shall protect
them against disclosure as from the date they are received until they are no longer secret, and shall
prohibit their unfair commercial use by preventing any third party not having the consent of the
person who submitted them from relying on such data or tests in the marketing of similar drugs orproducts for 5 years following the date of marketing approval of the drugs or products in Bahrain.
44. Please explain how your legislation defines undisclosed information.
Article 1 of the draft Law on the Protection of Trade Secrets provides that Trade Secrets
include:
a) information considered secret if it, as a body or in its precise components, is unknown
or not available among or readily accessible to persons who normally deal with such
kind of information.
b) information that has commercial value because it is secret.
c) information that has been subject to reasonable steps under the circumstances by the
person lawful in control of the information to keep it secret.
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
Please see the response to question 43.
I. E
NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
Please refer to Bahrain's responses to questions 5 and 24 of the Checklist of Issues on
Enforcement available as document IP/N/6/BHR/1.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
Final administrative decisions may be appealed to the court.  The mechanism provides that
any person with an interest may petition the Minister  to object to any administrative decision within
30 days from his knowledge of the decision.  The petition is to be decided upon within 30 days and
the petitioner is to be advised of the Minister’s ruling within 30 days thereafter.  After the lapse of 60
days without the petitioner being notified of a ruling, the petition is considered implicitly rejected.  A
rejection of the petition may be the subject of a challenge to the Supreme Court within 60 days afterthe petitioner is notified of the decision or the petition is considered implicitly rejected.
The legal basis are the following:IP/C/W/309
Page 18
a) Patents and Utility Models: Article 36
b) Geographical Indications: Article 11
c) Industrial Designs: Article 17
d) Layout-Designs of Integrated Circuits: Article 16
e) Protection of Breeder of New Varieties of Plants: Article 32
f) Trademarks: Article 4
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party. Please give precise information on what measures are taken to ensure the protection
of confidential information.
Please refer to Bahrain's responses to questions 3 and 4 of the Checklist of Issues on
Enforcement available as document IP/N/6/BHR/1.
49. Please quote provisions of your legislati on that authorize judges to order a defendant to
desist from an infringement.
The relevant provisions are the following Articles in the respective draft Laws:
Copyright and Neighbouring Rights: Article 44
Patents and Utility Models: Article 40Trade Marks: Article 34
Geographical Indicators: Article 11
Protection of Trade Secrets: Article 6
Industrial Designs: Article 18
Layout-Designs of Integrated Circuits: Article 17Protection of Breeders of New Varieties of Plants: Article 26
50. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury he suffered.
As infringement is considered a tort, any party who incurs loss or suffers damage as a result is
entitled to damages.  The basis for the claim is the relevant IPR Law and Article 158 of the Civil Codewhich provides: "Every injurious act which causes damage or loss shall render the person by whom it
has been committed to be liable for damages".
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder’s expenses by the infringer.
Article 192 of the Civil and Commercial Procedural Law provides that:"When issuing the final verdict on the litigation before it, the Court shall at its own instance
rule on the costs of the case.  The court shall award costs of the case, including attorney's fees,to be paid by the litigant who has lost the verdic t.  If the verdict goes against more than one
litigant, the court shall order that costs be shar ed among them in proportions to the interest of
each one in the case as assessed by the court.  They shall not be bound by joint liability in this
respect unless they were held to be jointly liable in the obligation which has been judged
upon."
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/309
Page 19
Please refer to Bahrain's responses to questions 15 and 24 of the Checklist of Issues on
Enforcement available as document IP/N/6/BHR/1.
53. Please quote what provisions of your legislat ion authorize judges to indemnify a defendant in
the abuse by the plaintiff.
Article 198 of the Civil and Commercial Procedural  Law provides that "if the intention of the
litigation was merely malice compensation may be awarded against the person thus intending".
In addition, all IPR draft Laws provide that the court has the authority to order a provisional
measure only upon the provision of a security bond by the party requesting such a measure. Such
security is a deterrent to prevent the abuse of provisional measures and may be used to compensate
defendants unlawfully enjoined.
54. Please explain how your legislation impl ements Article 50 of the TRIPS Agreement.
Please refer to Bahrain's responses to questions 10 to 12 of the Checklist of Issues on
Enforcement available as document IP/N/6/BHR/1.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
The General Directorate of Customs or alternatively the court.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
It is possible to apply for a suspension by th e customs authority for the release into free
circulation of goods, which constitute infringements to the IPRs defined in the Copyright &
Neighbouring Rights and Trademarks draft Laws.  This is possible pursuant to Article 47 of the draft
Copyright and Neighbouring Rights Law and Article 35 of the draft Trademarks Law respectively.
The relevant Articles provide that the General Directorate of Customs (the customs authority) has
authority both on its own initiative and upon application by the right holder or the public prosecutor to
suspend clearance and release into free circulation of goods if convinced on the basis of prima facie
evidence that such goods constitute an infringement of any of the IPRs  of the right holder. Theauthority of the customs authority applies to both imports and exports.
The administrative procedure referred to above does not preclude the right to resort to the
court in the first place.  The authority of the customs authority to suspend the release into free
circulation of goods, which constitute infringements of IPRs, does not apply to goods in transit or tode minimis  imports or goods put on the market in another country by or with the consent of the right
holder.
57. Please quote what provisions of your legislation authorize the competent authorities to order
the destruction or disposal of infringing goods.
The relevant provisions are the following Articles in the respective IPR draft  Law:
a. Patents and Utility Models: Article 41
b. Geographical Indications: Article 12c. Protection of Trade Secrets: Article 7
d. Industrial Designs: Article 19
e. Layout-Designs of Integrated Circuits: Article 18
f. Protection of Breeders of New Varieties of Plants: Article 25
g. Trademarks: Article 38IP/C/W/309
Page 20
h. Copyright and Neighbouring Rights: Article 52
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
Both Article 47 of the draft Law on Copyright and Neighbouring Rights and Article 35 of the
draft Law on Trademarks exclude de minimis  imports.
59. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
Draft Laws for all forms of intellectual property provide for criminal sanctions for
infringement of IPRs.  The penalty is imprisonment for a term not less than 3 months and not more
than one year or a fine of not less than BD 500 and not more than BD 2000 or to both fine and
imprisonment. If the offender repeats an offence, the upper limit of both the fine and imprisonment
are doubled and in addition the court has the authority to order the closure of the premises, at which
the offence was facilitated, for a period between 15 days to six months and to order the verdict to be
published in at least one daily newspaper at the expense of the offender.
The relevant legal provisions within the draft Laws are:
a. Patents and Utility Models: Article 41
a. Geographical indications: Articles 2 and 12
b. Protection of Trade Secrets: Article 7
c. Industrial designs: Article 19
d. Layout-Designs of Integrated Circuits: Article 18
e. Protection of Breeders of New Varieties of Plants: Article 25
f. Trademarks: Article 28
g. Copyright and Neighbouring Rights: Articles 49 to 52
All the above provisions also provide that the court has authority to order the seizure,
forfeiture and destruction of infringing goods and any materials and implements, which have been
used for the commission of the offence.
JAPAN
1. Please explain exceptions or exemptions of the National Treatment and Most Favoured-
Nation Treatment under the Copyright and Neighbou ring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
The draft Law on Copyright and Neighbouring Rights does not provide for any of the
exceptions permitted under Article 3 or any of the exemptions permitted under Article 4 of the TRIPS
Agreement.
SWITZERLAND
A. G EOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
Article 3(f) of the draft law on Trademarks prohibits the registration of a trademark where its
use is likely to create confusion with respect to the origin or source of the goods or services.IP/C/W/309
Page 21
The draft Law on the Protection of Geographical Indications implements Article 22 to 24 of
the TRIPS Agreement.
Also Article 2 of the draft La w on Geographical Indications defines a Geographical Indication
and prohibits its unlawful use and provides that such use amounts to unfair competition. The use ofany means in the designation or presentation of a good that indicates or suggests that the good in
question originates in a geographical area other than the true place of origin in a manner which
misleads the public as to the geographical origin of the good, is prohibited.
Although the draft Law on Geographical Indication provides for registration, it does not
require registration for protection except that provisional measures and criminal sanctions are only
available to registered Geographical Indications.
Article 5 of the draft Law on Geographical Indi cations provides that any party who has an
interest may lodge an application for registration.
The provisional measures that may be ordered based on Article 11 of the draft Law include:
a. Prevention of an alleged imminent infringement from occurring.
b. Injunction to cease an alleged infringement.
c. Recording or preserving relevant evidence.
Article (12) of the draft Law on Geographical Indications provides for criminal sanctions in
the case of unlawful use of a geographical indication.
As allowed under Article 24.9 of the TRIPS Agreement, Article 9(c) excludes protection to
geographical indications, which are not, or have ceased to be protected in their country of origin, or
which have fallen into disuse in that country.
Although, the draft Law on Geographical Indications does not explicitly implement the
provisions of Article 23 of the TRIPS Agreem ent on Additional Protection for Geographical
Indications for Wines and Spirits, such additional protection may be sought based on Article 13 of the
draft Law which provides that any person may claim a more favourable protection to a geographical
indication if it is provided for by virtue of any agreement, convention or treaty to which Bahrain is
party.
A claim for an unlawful use of a geographical indication, even if not registered, may also be
founded on unfair competition based on the provis ions of Article 61 of the Law of Commerce of
1987.
B. P
ATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions? If so, please explain in detail what kind of exceptions exists and how they comply with
Article 27 of the TRIPS Agreement.
The draft Law on Patents and Utility Models contains exceptions which do not go beyond
those allowed under Article 27 of the TRIPS Agreem ent. The exceptions provided by virtue of
Article 1 and 3 of the draft Law are:
a. Inventions, the prevention of the commercial exploitation of which is necessary to
protect public order or morality or to avoid serious damage to the environment.IP/C/W/309
Page 22
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.
Article 1 of the draft Law provides that patents are available for any inventions, whether
products or processes, provided they are new, involve an inventive step and are capable of industrial
application.
Article 1 further provides that an invention is capable of industrial application if it can be
applied or exploited in any field of technology.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider impor tation as “working” a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
The draft Law on Patents and Utility Models does not explicitly state whether or not
"importation satisfies the working" requirement but may be interpreted to be so.  However, it is worth
pointing out that Articles 27.1, 27.3 and 31 of the TRIPS Agreement are reflected in the draft Law.
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant provisions of the law
The draft Law on Patents and Utility Models provides for a system of granting compulsory
licenses subject to certain conditions which are in line with those enumerated under Article 31 of theTRIPS Agreement.  The relevant provisions of the draft Law are Articles 24, 25, 26, 27 and 36.
These are as follows:
Article 24
The Minister of Commerce and Industry may issue a non-exclusive compulsory license for
the exploitation of a patent in the following cases:
a. National emergency or circumstances of extreme urgency or for public non-
commercial use provided that the owner of the patent is notified as soon as possible after the
license is granted.
b. Where the owner of the patent has not made sufficient use of the patent to the extent
that he has failed to satisfy the needs of the domestic market, at reasonable prices taking into
account those prevailing internationally, for 3 years from the date of the grant of the patent or4 years from the date of the filing of the patent application, whichever is longer.
In such a situation, the Minister shall have the right to issue a compulsory license to any
person to whom the patent owner has refused to grant a license or to whom the owner has
imposed unfair commercial terms in order to grant him such a license.
c. Where a patented invention (first patent) involves an important technical advance of
considerable economic significance in relation to another patented invention (second patent),
and where the first patent can not be exploited without exploiting the second patent, the owner
of the first patent may be granted a compulsory license to exploit the second patent.  This isIP/C/W/309
Page 23
provided that the owner of the second patent has refused to allow such exploitation on
reasonable terms. The exploitation of the second patent authorized in this case may not be
assigned without the assignment of the first patent.
The owner of the second patent may also be granted a compulsory license to exploit, at
reasonable terms, the first patent in respect to which the other compulsory license wasgranted.
d.  Where the owner of the patent exercises his rights for anti-competitive ends.
Article 25
The following provisions shall apply to compulsory licenses:a. Applications for compulsory licenses shal l-upon the payment of the prescribed fee-be
considered each upon its own merits. The applicant shall pay the prescribed fee in respect of
the application
b. The license shall be exploited predominantly for the supply of the domestic market.
c. The applicant must be capable of effectively exploiting the invention through an
enterprise existing in the State of Bahrain.
d. The license shall only be granted if the applicant has made reasonable efforts to
obtain a license from the patent owner on reasonable commercial terms and conditions, andthat such efforts have not been successful within a reasonable period of time.
e. The applicant shall agree to limit the exploitation of the invention to the purpose,
scope, conditions and period for which the license is to be granted.
f. Where the proposed exploitation relates to semi-conductor technology, authorisation
shall only be granted for public non-commercial use or to remedy practices determined to beanti-competitive.
g. The proposed user shall not assign the license except with the enterprise or the part
thereof relating to the exploitation of the invent ion and after the approval of the Minister of
Commerce and Industry.
h. The patent owner shall be entitled to adequate remuneration taking into account the
monetary value of the license.  The need to remedy anti-competitive practices, if applicable,
may be taken into account in determining the remuneration.
i. The conditions provided for in items (b) and (d) of this Article shall not apply to
situations where a license is granted to remedy anti-competitive practices.
j. The Minister of Commerce and Industry shall ex officio or at the request of any
interested party have the authority to amend the conditions of a compulsory license in case of
change in circumstances.
Article 26
Except in cases of national emergency and other circumstances of extreme urgency as referred
to under Article 24(a), the competent Directorate at the Ministry of Commerce and Industry
shall provide the patent owner with a copy of the license application.  The patent owner shallIP/C/W/309
Page 24
be provided a reasonable opportunity to respond in writing to the application. The processing
of the application shall be in accordance wi th the procedure specified in the Implementing
Regulation.
The Minister of Commerce and Industry shall issue a decision accepting or rejecting the
application and may grant an acceptance subject to any conditions he deems appropriate.  Inall cases, the Minister shall notify the owner of the patent and the applicant of his decision
within 30 days of the issuance of such a decision and the competent Directorate shall enter the
decision in the register of patents.  The decision shall also be published in the manner
specified in the Implementing Regulation.
Article 27
The Minister of Commerce and Industry shall ex officio or at the request of the patent owner
have the authority to terminate the license befo re the end of its term in the following cases:
a. The circumstances, which led to the granting of the license, have ceased to exist and
are unlikely to recur.  In such case, the legitim ate interests of the licensee shall be adequately
protected in accordance with the terms and procedures specified in the Implementing
Regulation.
b. The licensee has not exploited the license for two years from the date of its issuance.c. The licensee has not complied with any of the conditions of the license or has failed
to fulfil his obligations under this Law and the related Implementing Regulation.
The decision of the Minister of Commerce and Industry in respect of the application for a
compulsory license may be challenged based on Article (36) of the draft Law which provides:
"Subject to the provisions for challenges provided for under Articles (18) and (19) and
without prejudice to the provisions of Article (15) of this Law, any interested party may
submit a petition to the Minister of Commerce and Industry in respect of any final decision
issued in accordance with this Law within 30 days of its notification to that person.  A
decision in respect of the petition shall be issued within 30 days of its submission and the
interested party shall be notified of the decision in writing within 30 days of its date ofissuance.  If the interested party is not notified of a decision within 60 days of the date of
submission of his petition, such petition shall be deemed rejected.
Where a petition has been rejected or deemed rejected, the interested party may appeal such
rejection before the High Civil Court within 60 days of its notification or lapse of the period
beyond which the petition is deemed rejected as the case may be. An appeal may not be
brought before the court until a petition has been filed and a decision has been issued or the
period for a decision has lapsed."
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation? Please cite the relevant provisions of Law.
Article 12 of the draft Law on Patents and Utility Models provides for the reversal of the
burden of proof.  Article 12 provides:
"With due regards to the defendant’s right to protect his industrial and commercial secrets, the
civil court may, in a claim relating to the exploitation of a patented industrial process used
without the consent of its owner, order the defe ndant to prove that the process used to obtain
an identical product is different from the patented process. This is provided that the plaintiffIP/C/W/309
Page 25
has been unable to identify the process actually used despite reasonable efforts; and provided
the court believes it is likely that the identical product was made using the protected process."
C. P ROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the first applicant, when applying subsequently for market
authorisation for his own product. Does your legislat ion provide for exceptions to this? If yes, under
what conditions would such exceptions apply? Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant ?
Article 2 of the draft Law on the Protection of Trade Secrets protects undisclosed tests or
other data submitted by an applicant to the responsible State agency for market authorisation of a
pharmaceutical or of an agricultural chemical product which utilises new chemical entities. The
relevant provisions and limitations are contained in Article 2 which states:
"The prohibition on disclosure of trade secrets referred to in the preceding Article shall extend
to undisclosed tests or data the origination of which involves a considerable effort, and which
have been submitted to the competent authorities for the purpose of obtaining approval for
marketing of pharmaceutical or agricultural chemical products which utilise new chemicalsentities.
The competent authorities which receive such tests or data shall protect them against
disclosure as from the date they are received until they are no longer secret, and shall prohibit
their unfair commercial use by preventing any third party not having the consent of the person
who submitted them from relying on such data or tests in the marketing of similar drugs orproducts for 5 years following the date of marketing approval of the drugs or products in
Bahrain.
Disclosure of the tests or data by the competent authorities shall only be made where
necessary to protect the public or unless the necessary steps are taken to ensure that the data
are protected against unfair commercial us."
D. E
NFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective determents
to infringements of intellectual property rights.
Criminal Sanctions: All draft Laws of IPRs provide for criminal sanctions against
infringement of all categories of IPRs. The penalty for all infringements of the various IPRs is the
same. It is a fine between BD 500 to BD 2,000 or a prison term between three months and one year or
both fine and imprisonment. If the offender repeats the offence, the upper limits of both the fine and
imprisonment are doubled and in addition the court may order the business premises, at which the
offence was facilitated, to be closed for a period between 15 days to 6 months and to order the verdictto be published in at least one local daily newspaper at the expense of the convicted offender.
In all cases the court has the authority to order the goods that have been found to be infringing
to be forfeited and destroyed. This also applies to materials and implements used for the infringement.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.IP/C/W/309
Page 26
The draft Laws, upon enactment, will make infringement of all forms of IPR a criminal
offence. Arrangements are being made to increase and train government inspectors to detect and
apprehend infringements. Arrangements are also being made to conduct specialized courses to
customs officials, public prosecutors, and judges to acquire the necessary relevant skills eachaccording to his profession. WIPO has been approached to assist with conducting a Postgraduate
Diploma in IPR and their response is awaited. Contacts have been developed with the concerned
sector in the industry and other professional associations to conduct a public awareness campaign and
to assist with the implementation of the relevant legislation.
UNITED STATES
A. G
ENERAL
1. Please describe in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most
favoured nation treatment are provided to nationals of other WTO Members, citing the relevant
provisions of Law.
By virtue of the following provisions, protection is accorded to natural and legal persons who
are nationals of, or have their domicile in, the State of Bahrain or other State which is a member of
WTO or extend similar treatment to the nationals of the State of Bahrain:
a. Article 5 of the draft Law on Patents and Utility Models.
b. Article 4 of the draft Law on Trademarks.
c. Article 4 of the draft Law on Industrial Designs.
d. Article 3(a) of the draft Law on Layout Designs of Integrated Circuits.
e. Article 3 of the draft Law on the Protection of Breeders of New Varieties of Plants.
With respect to the draft Law on the Protection of Geographical Indications, Article (1)
defines the Geographical Indications the subject of the draft Law as:
"Any indication which identifies a good as origin ating in the territory of a member of WTO or
a state which accords the State of Bahrain similar treatment, or a specific region or locality in
that territory, where a given quality, reputation or other characteristics of the good is
essentially attributable to that geographical origin."
With respect to undisclosed information, the draft Law on the Protection of Trade Secrets
does not contain any limitation as to whose trade secrets the Law is applicable .
As to Copyright and Neighbouring Rights, Articles 59 and 60 of the draft Law provides:
Article 59:
 1) The provisions of this Law on the protection of literary, artistic and scientific works
shall apply to:
 a) Works of authors who are nationals of, or have their domicile in the State of
Bahrain;
 b) Works first published in the State of Bahrain, and works first published in
another country and also published in the State of Bahrain within 30 days, irrespective
of the nationality or residence of their authors;IP/C/W/309
Page 27
 c) Cinematographic works, the producers of which have their headquarters or
domicile in the State of Bahrain; and
 d) Works of architecture erected in the State of Bahrain and other artistic works
incorporated in a building or other structure located in the State of Bahrain.
 2) The provisions of this Law shall also apply to works that are eligible for protection in
the State of Bahrain by virtue of and in accordance with any international convention or other
international agreement to which Bahrain is party.
Article 60:
1) The provisions of this Law on the protection of performers shall apply to:
a) Performers who are nationals of the State of Bahrain;
b) Performers who are not nationals of the State of Bahrain but whose
performance:
i) Take place on the territory of the State of Bahrain, or;
ii) Are incorporated in phonograms that are protected under this Law,
or;
iii) Have not been fixed in a phonogram but are included in broadcasts
qualifying for protection under this Law.
2) The provisions of this Law on the protection of phonograms shall apply to:
a) Phonograms the producers of which are nationals of the State of Bahrain;
b) Phonograms first fixed in the State of Bahrain; and
c) Phonograms first published in the State of Bahrain.
3) The provisions of this Law on the protection of broadcasts shall apply to:
a) Broadcasts of broadcasting organisa tions the headquarters of which are
situated in the State of Bahrain, and;
b) Broadcasts transmitted from transmitters situated in the State of Bahrain.
4) The provisions in this Law shall also apply to performers, producers of phonograms
and broadcasting organisations that are eligible for protection by virtue of and in accordance
with any international convention or other international agreement to which the State ofBahrain is party.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright la w of Bahrain complies with Article 9 of the
TRIPS Agreement requiring that Members comply w ith Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latterArticle under the TRIPS Agreement.
The draft Law on Copyright and Neighbouring Rights will supersede the Copyright Law
which was enacted in 1993.  The draft Law implements Articles 9 to 14 of the TRIPS Agreement.
Although not required under the TRIPS Agreement, the draft Law implements Article 6 bis of theIP/C/W/309
Page 28
Berne Convention as Bahrain is party to the said convention.  The draft Law also implements many of
the provisions of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.
3. Please explain how the copyright Law of Ba hrain protects computer programs as literary
works and compilations of data as required by Article 10 of the TRIPS Agreement.
Article 2 of the draft Law on Copyright and Neighbouring Rights provides:
"The original works of literature, arts and science shall enjoy protection under this Law
whatever their value, type or purpose of their production or mode of expression, without a
need for compliance with any formal procedure."
Paragraph 2 of Article 2 provides that computer  programmes whether in source or object code
are protectable.  Similarly, Paragraph 3 of Article 2 provides that databases whether or not computerreadable are protectable.
Moreover, Paragraph 13 of Article 2 provides that derivative works are protectable.  Article 1
defines derivative works as:
"Works derived from other existing works, such as translations, musical arrangements,
compilation of works, including databases, whether or not computer readable, and collections
of expressions of folklore, which, by reason of the arrangement and selection of their
contents, are considered creative."
In addition to providing for criminal sanctions against infringements of copyright and
neighbouring rights as detailed in the draft Law, Article 50(3) provides for criminal sanction against
disabling or altering any electronic protection used by the author or the neighbouring right owner.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available. Please cite to  the corresponding provision of the copyright law
of Bahrain.
Article 5(d) of the draft Law on Copyright and Neighbouring Rights provides that the author
and his successor in title has exclusive right to authorise or prohibit the use of one or more copies of
his work by others for rental or lending to the public.  Article 7 provides that such right with respect to
computer programs does not apply where the program itself is not the essential object of the rental or
lending.  Article 7 further provides that the right does not apply with respect to cinematographic
works unless such rental or lending has led to widespread copying of such work which is materially
impairing the exclusive right of reproduction.
5. Please state the length and terms of protection the copyright law of Bahrain provides for a
work other than a photographic work or a work of applied art, and cite to the relevant provision of
law.
With respect to the scope of protection, Article 5 of the draft Law on Copyright and
Neighbouring Rights provides:
An author and his successors shall have the exclusive right to financially exploit his work by
any means and shall have in particular the exclusive right to authorize or prohibit the following acts in
relation to his work:
a) Publishing, broadcasting and producing the work to the public;
b) Reproduction by all means including photography, cinematography and recording;IP/C/W/309
Page 29
c) Translation, adaptation, arrangements or other transformation of the work;
d) Use of a copy or more of the work for the purpose of rental or lending to the public or
any other act in relation to making the work available to the public;
e) Public performance of the work by reading or recital or acting or singing or any other
mean; and
f) Distribution to the public by sale, rental, public lending or otherwise of the original or
a copy of the work that has not already been authorized by the author.
By virtue of Articles 28 and 29 of the draft Law, the financial rights of an author are protected
during his lifetime and for 50 years after his death, or the death of the last person of the authors
remaining alive if there is more then one author. The 50 years period is calculated starting from the
first day of the Gregorian calendar year following the actual date of death of the author or the last
author remaining alive as the case may be.
By virtue of Article 31 of the draft Law, the rights with respect to a work which does not bear
the author’s name or which bears a pseudonym shall be protected for 50 years starting from the first
day of the Gregorian calendar year following the y ear during which the work was published or made
available to the public for the first time, whicheve r comes last, unless the identity of the author is
known or revealed in which case the term of protection shall be for his life time and 50 yearsthereafter starting from the first day of the Gregorian calendar year following the year during which
he died.
Article 30 provides that the financial rights relating to authors of a collective work, other then
applied art, shall be protected for 50 years starting from the first day of the Gregorian calendar yearfollowing the year during which the work was published or made available to the public for the first
time which ever comes last, and where the author is a natural person, the term shall be calculated
according to the rule provided under Article 28 and 29 referred to above. Article 30 further provides
that the rights relating to a work published for the first time after the death of the author shall lapse
after 50 years starting from the first day of the Gregorian calendar year following the year during
which the work was published or made available to the public for the first time, whichever comes last.
6. Please describe the protection the copyright law of Bahrain provides for performers, and the
term of the protection.
Article 15 of the draft Law on Copyright and Neighbouring Rights provides:
"Performers shall enjoy in respect of their performances the following exclusive rights:
1. To broadcast or communicate their unfixed performances to the public.2. To fix their unfixed performances on phonograms.
3. To reproduce their fixed performances on phonograms.
4. Authorise commercial rental or lending to th e public of an original or copies of their
fixed performances."
Article 34 of the draft Law on Copyright and Neighbouring Rights provides:IP/C/W/309
Page 30
The term of protection to a performance is for a period of 50 years computed from the first
day of the Gregorian calendar year following the year in which the performance was first fixed on a
phonogram or, in the absence of such fixation, the year in which the performance took place.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorise or prohibit the direct or indirect reproduction of their phonograms. Article 14.2requires that producers of phonograms are to have the right to authorise or prohibit the commercial
rental to the public of originals or copies of their phonograms. Please describe how the copyright law
of Bahrain implements these obligations  and indicate the term of protection.
Article 17 of the draft Law on Copyright and Neighbouring Rights provides that producers of
phonograms enjoy the following exclusive rights:
a) Prevent any exploitation of their recordings in any manner, without prior written
authorisation, directly or indirectly, including in particular; reproduction, renting, lending,broadcasting or making available to the public through computers or the Internet or other
means of technology.
b) Making their recordings available to the public by wire or wireless means or through
computers or any other means of technology.
Article 35 of the draft Law on Copyright and Neighbouring Rights provides that the
protection shall last until the end of a period of 50 years computed from the first day of the Gregorian
calendar year following the year in which the publication of the phonogram was made or, in the
absence of publication, the year in which the performance took place.
C. T
RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademarks Law
of Bahrain.
Article 1 of the draft Law on Trademarks provides:
"A trademark is any distinctive sign comprised of names, words, signatures, letters, symbols,
numerals, addresses, seals, designs, pictures, engravings, figurative elements, shapes,wrappings, combination of colours or any combination of such visible signs if used, or
intended to be used, for distinguishing the goods or services of one undertaking from those of
other undertakings or to indicate the provision of a particular service. Sound and smell may
form part of a trademark."
Article 3 of the draft Law provides that the following shall not be considered as registerable
trademark and their application for registration shall not be accepted if they have any of the followingdescriptions:
(a) Marks that are devoid of any distinctive character or consist of signs that customarily
designate the goods or services or the common dr awings or pictures of the goods or services.
(b) Any expression, drawing, picture or mark that is contrary to public order or morality.
(c) Honorary signs, public and military insignia, flags and other symbols belonging to the
State of Bahrain or Arab or international or ganizations or any of their institutions or
belonging to any of the states that accord similar treatment in this respect to the State ofBahrain as well as any imitation of the foregoing matters.IP/C/W/309
Page 31
(d) Symbols of the Red Crescent or Red Cross and emblems of the same character as well
as all imitations thereof.
(e) Similar or identical marks to the symbols that have a purely religious character.
(g) Geographical names and indications if their use is likely to cause confusion with
respect to the origin or source of the goods or services.
(h) Marks that are likely to mislead the public or that contain false details about the origin
or source of the goods or services or their other qualities as well as marks that contain a false,
imitated or fictitious counterfeit name.
(i) Name of another person or his surname, photograph or emblems unless he or his heirs
give their prior approval to the use thereof.
(j) Particulars relating to honorary titles which the applicant for registration thereof is
unable to prove that he is legally entitled to use for such purposes.
(k) Marks that are identical or similar to a mark that was previously registered by others
for the same goods or services for which the mark is to be registered or for an item thereof or
a mark that is similar to the aforesaid mark to an extent that may lead to misleading others; or
marks the registration of which for certain goods or services may undermine the value of thegoods or services that are distinguished by the said mark.
(l) Any mark, or a fundamental part thereof, which is identical, similar or constitutes a
copy, imitation or translation of a well-known trademark for its use to distinguish similar or
identical goods or services to the goods or services for which it is famous and is likely tocause confusion with the well-known trade mark or for its use for goods or services in a
manner that is likely to cause damage to the owner of the well-known trade mark and
indicates a relationship between it and such goods or services.
(m) Marks that contain the following words or expressions: "license",  "registered",
"registered drawing", "copyright" or such similar words and expressions.
9. Please describe the procedure that must be followed to register a trademark in Bahrain,
citing the relevant provisions of the law, and descri be the rights that the owner of a registered mark
can exercise.
Article 8 of the draft Law on Trademarks provides:
"An application for registration of a trademark shall be filed with the competent Directorate
by the concerned person, or his representative, using the prescribed form and in accordance
with the provisions set forth in this Law and pursuant to the terms, conditions and procedure
prescribed in the Implementing Regulation."
A draft of the Implementing Regulation is currently under preparation.
Article 11 provides that:"If two persons or more file an application for the registration of the same trademark or
similar or closely similar trademarks for a single class of goods or services, processing the
applications for registration shall be suspended until one of the applicants submits a document
signed by the other parties to the dispute, and attested by the competent authority,IP/C/W/309
Page 32
relinquishing their claims in its favour or until the handing down of a final judgement in
favour of one of them."
Article 12 of the draft Law provides that the competent Directorate may reject the application
or prescribe conditions or restrictions on the registration. The competent Directorate is required tonotify the applicant of its decision by registered mail and the applicant may challenge the decision.
Article 12 further requires the competent Directorate to decide upon the application within 30
days failing which the application is considered rejected.
Article 13(a) provides that once the application is accepted, the competent Directorate shall
publish it in the manner prescribed in the Implementing Regulation.
Following the publication of a trademark, Article 13(b) provides that any concerned person
may petition the competent Directorate to challenge the registration of the trademark stating his
reasons for the challenge.  The petition must be submitted within 60 days after the publication of the
trademark.  The competent Directorate is required to notify the petition to the applicant within 30 daysand the applicant is required to respond in writing w ithin 30 days otherwise he will be considered as
to have withdrawn his application.
Article 13(c) provides that before deciding upon the challenge, the competent Directorate is
required to hear the parties if requested to do so by any of them.  Article 13(c) further provides thatthe competent Directorate shall decide upon the petition within 60 days from receipt of the reply to
the challenge.
Article 13(d) provides that the competent Directorate shall issue a decision on accepting the
registration within 60 days from publishing the Trademark where no challenge is made, otherwisewithin 15 days from deciding upon the challenge.  A decision to accept the registration may be subject
to certain conditions or limitations. Where a decision is made to accept the registration, the trademark
shall be entered in the register.
Article 14 provides that a certificate of registration shall be issued to the owner of the
trademark once a trademark is registered.
Article 41 provides that any concerned person may appeal to the Minister against any
decision of the competent Directorate within 30 days  of that person’s knowledge of that decision.  The
Minister is required to decide upon the appeal within 30 days and the person who lodged the appeal is
required to be notified of the decision within 30 days thereafter.  Where a period of 60 days has
elapsed without the person who submitted the appeal being informed of a decision, his appeal shall beconsidered rejected.  Thereafter, a challenge to the decision shall lie with the court within 60 days
after the decision is made or considered rejected as the case may be.
As to the rights that the owner of a registered trademark can exercise, Article 15 of the draft
Law provides that the trademark owner has an exclusive right to prevent all third parties not havingthe owner's consent from using identical or similar signs for goods or services which are identical or
similar to those in respect of which the trademark is registered where such use would result in a
likelihood of confusion.  In case of the use of an identical sign for identical goods or services, a
likelihood of confusion shall be presumed.
By virtue of Articles 34 to 38 of the draft Law, provisional measures, border measures and
criminal sanctions are available only to Registered Trademarks.IP/C/W/309
Page 33
10. Please provide the length and terms of protection the trademark law of Bahrain provides for
a trademark.
Article 18(a) of the draft Law provides that registration is initially for 10 years starting from
the date of application for registration and thereafter renewable indefinitely for similar periods subject
to payment of the requisite fee.
Article 19(b) provides that the court may, upon application by any party having an interest,
order the registration to be cancelled if satisfied that the trademark has not been used for an
uninterrupted period of 5 years for no valid reason.
11. Please describe the way in which Bahrain protects well-known trademarks and cite to the
relevant provisions of Law.
Article 29(a) provides that the owner of a well-known trademark (even if not registered) may
apply to the court to prohibit third parties not ha ving the owner's consent from using a trademark
which constitutes a reproduction, an imitation, or a translation or contains an essential part which
constitutes a reproduction of the well- known trademark, for identical or similar goods for which the
trademark is registered, that is likely to create confusion.  This also applies to goods or services whichare not similar to those in respect of which the trademark is entitled to protection, provided that use of
that trademark in relation to those goods or services would indicate a connection between those goods
or services and the owner of the trademark and pr ovided that the interests of the owner of the
trademark are likely to be damaged by such use.  In all the foregoing cases, Article 3(l) prohibits the
registration of the mark and hence only the owner of the well-known trademark will have the right tohave his trademark registered.
Article 29(b) provides that a well-know trademark enjoys protection even if not registered.
Article 29(c) provides that a request for the annulment of the registration of a well-know trademark
may be submitted within 5 years of the registration of the trademarks but no time limit shall applywhere the registration was made in bad faith.
D. G
EOGRAPHICAL INDICATIONS
12. Please describe in detail how the Laws of Bahrain provide for the recognition and protection
of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of Law or regulation, and provide examples of geographical indications so protected.
Article 3(f) of the draft Trademarks Law prohibits the registration of a trademark where its
use is likely to create confusion with respect to the origin or source of the goods or services.
Also Article 2 of the draft Law on Geogra phical Indications defines a Geographical
Indication and prohibits its unlawful use and provides that such use amounts to unfair competition.The use of any means in the designation or presentation of a good that indicates or suggests that the
good in question originates in a geographical area other than the true place of origin in a manner
which misleads the public as to the geographical origin of the good.
Article 12 of the draft Law on Geographical Indications provides for criminal sanctions in
the case of unlawful use of a Geographical Indication.
As allowed under Article 24.9 of the TRIPS Agreement, Article 9(c) excludes protection to
Geographical Indications, which are not, or cease to be protected in their country of origin, or which
have fallen into disuse in that country.IP/C/W/309
Page 34
Also a claim for an unlawful use of a Geographical Indication, even if not registered, may be
founded on unfair competition based on the provis ions of Article 61 of the Law of Commerce of
1987.
The draft Law provides for registration but does not require registration for protection except
that criminal sanctions and provisional measures are only available to those which are registered.
The provisional measures that may be ordered based on Article 11 of the draft Law include:
i. Prevention of an alleged imminent infringement from occurring.
ii. Injunction to cease an alleged infringement.
iii. Recording or preserving relevant evidence.
Upon ordering a provisional measure the court may appoint one or more experts to assist with
the execution of the order.
As the draft Law has not yet been enacted, no examples of Geographical Indications so
protected can be given at this stage.
13. Please describe in detail how the additional protection required for geographical indications
for wines and spirits under Article 23.1 of the TRIPS Agreement is implemented,  citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
The draft Law on Geographical Indications does not explicitly refer to wines and spirits.
However, Article 13 provides that any person may claim a more favourable protection granted to a
Geographical indication under any agreement, convention or treaty to which Bahrain is party.
E. I NDUSTRIAL DESIGNS
14. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Bahrain, and describe the nature of the protection
provided.
Based on Article 5 of the draft Law on Industrial Designs, the procedure is identical to that
for Trademarks already outlined under the response to question 9 except that as shall be clarified in
the Implementing Regulation, the registration of a design shall not be subject to examination as toentitlement and allows for opposition by third parties after acceptance of the application.
15. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the relevant provisions of law or regulation.
Textile designs may be protected based on the provisions of the draft Law on Industrial
Designs.  However, Article 2 does not preclude protection based on other Laws.
In order to benefit from the simpler filing and processing procedure, an applicant for the
registration of textile designs may file a single application for multiple designs as provided for underArticle 5(a) of the draft Law an Industrial Designs.
F. P
ATENTS
16. Please describe in detail the way in which the patent law of Bahrain implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding theprotection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.IP/C/W/309
Page 35
Article 1 of the draft Law on Patents and Utility Models provides that patents are available for
any inventions, whether products or processes, provided they are new, involve an inventive step and
are capable of industrial application.
Article 1 further provides that an invention is capable of industrial application if it can be
applied or exploited in any field of technology.
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 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.  The
implementation of Article 27 of the TRIPS Agreement with respect to plant varieties is provided
under Article 4 of the said draft which states:
"In order to be protected, a plant variety must be new, distinct, uniform, stable and must be
designated by a denomination.
A variety is deemed new if the period from the first date of marketing or distribution of its
propagating material within the State of Bahrain by the breeder or with his consent, for the
purpose of exploitation of such variety,  does not exceed one year.  If it has been marketed or
distributed abroad, the period shall not exceed 6 years for trees and vines, or 4 years for otherplants. In all cases, the prior period starts from the date of the application.  The novelty
condition is not lost if the variety is sold or a right to exploit it has been granted elsewhere
before protection is granted.
A variety is deemed distinct if it is distinguishable by at least one clear characteristic from
other known varieties.
A variety is deemed uniform if the differences between its elements are within generally
excepted limits.
A variety is deemed stable if, after repeated propagation, its main characteristics remain
unchanged."
17. Please describe in detail the rights provided to patent holders under the patent law of
Bahrain and cite to the relevant provisions of law.
Article 11(2) provides that the patent holder shall have the following rights:IP/C/W/309
Page 36
"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.
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."
Article 22 of the draft Law also provides that the patent holder shall have the right to wholly
or partially assign, or transfer by succession, the patent and to conclude licensing contracts.
18. Please describe in detail any provisions in the laws of Bahrain permitting unauthorised use of
a patent, citing to the relevant provisions of law, and describe in detail the conditions under which
such use can occur.
Article 13 of the draft Law on Patents and Utility Models provides for limited exceptions
where the use of a patent does not require the authorisation of the patent holder.  These are:
a) The use of the patent for personal pu rposes, which are non-commercial and non-
industrial, 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 undertakin g 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 mark eting does not start prior to the expiry of the
protection period.
Also Articles 24-27 of the draft Law on Patents and Utility Models provide for the possibility
of obtaining a compulsory license in respect of a patent. It is submitted that these provisions are in
line with Article 31 of the TRIPS Agreement. These provisions are reproduced below
Article 24
The Minister of Commerce and Industry may issue a non-exclusive compulsory license for
the exploitation of a patent in the following cases:
a) National emergency or other circumstances of extreme urgency or for public non-
commercial use provided that the holder of the patent is notified as soon as possible
after the license is granted.
b) Where the holder of the patent has not made sufficient use of the patent to the extent
that he has failed to satisfy the needs of the domestic market, at reasonable prices for
3, years starting from the date of the grant of the patent or 4 years starting from thedate of the filing of the patent application, whichever is longer. In such a situation,
the Minister shall have the right to issue a compulsory license to any person to whomIP/C/W/309
Page 37
the patent holder has refused to grant a license or to whom the holder has imposed
unfair commercial terms in order to grant him such a license.
c) Where a patented invention (first patent) involves an important technical advance of
considerable economic significance in relation to another patented invention (second
patent), and where the first patent can not be exploited without exploiting the secondpatent, the holder of the first patent may be granted a compulsory license to exploit
the second patent.  This is provided that the holder of the second patent has refused to
allow such exploitation on reasonable terms. The exploitation of the second patent
authorized in this case may not be assigned without the assignment of the first patent.
The holder of the second patent may also be granted a compulsory license to exploit,
at reasonable terms, the first patent in respect to which the other compulsory license
was granted .
d) Where the holder of the patent exercises his rights for anti-competitive ends.
Article 25
The following provisions shall apply to compulsory licenses:a) Applications for compulsory licenses shal l-upon the payment of the prescribed fee-be
considered each upon its own merits.
b) The license shall be exploited predominantly for the supply of the domestic market.
c) The applicant must be capable of effectively exploiting the invention through an
enterprise existing in the State of Bahrain.
d) The license shall only be granted if the applicant has made reasonable efforts to
obtain a license from the patent holder on reasonable commercial terms andconditions, and that such efforts have not been successful within a reasonable period
of time.
e) The applicant shall agree to limit the exploitation of the invention to the purpose,
scope, conditions and period for which the license is to be granted.
f) Where the proposed exploitation relates to semi-conductor technology, authorisation
shall only be granted for public non-commercial use or to remedy practices
determined to be anti-competitive.
g) The proposed user shall not assign the license except with the enterprise or the part
thereof relating to the exploitation of the invention and after the approval of the
Minister of Commerce and Industry.
h) The patent holder shall be entitled to adequate remuneration taking into account the
monetary value of the license.  The need  to remedy anti-competitive practices, if
applicable, may be taken into account in determining the remuneration.
i) The conditions provided for in items (b) and (d) of this Article shall not apply to
situations where a license is granted to remedy anti-competitive practices.
j) The Minister of Commerce and Industry shall ex officio or at the request of any
interested party have the authority to amend the conditions of a compulsory license incase of change in circumstances.IP/C/W/309
Page 38
Article 26
Except in cases of national emergency and other circumstances of extreme urgency as referred
to under Article 24(a), the competent Directorate at the Ministry of Commerce and Industry
shall provide the patent holder with a copy of the license application.  The patent holder shall
be provided a reasonable opportunity to respond in writing to the application. The processingof the application shall be in accordance wi th the procedure specified in the Implementing
Regulation.
The Minister of Commerce and Industry shall issue a decision accepting or rejecting the
application and may grant an acceptance subject to any conditions he deems appropriate.  In
all cases, the Minister shall notify the holder of the patent and the applicant of his decision
within 30 days of the issuance of such a decision and the competent Directorate shall enter the
decision in the register of patents.  The decision shall also be published in the mannerspecified in the Implementing Regulation.
Article 27
The Minister of Commerce and Industry shall ex officio or at the request of the patent holder
have the authority to terminate the license befo re the end of its term in the following cases:
a) The circumstances, which led to the granting of the license, have ceased to exist and
are unlikely to recur.  In such case, the legitimate interests of the licensee shall be
adequately protected in accordance with the terms and procedures specified in the
Implementing Regulation.
b) The licensee has not exploited the license for two years from the date of its issuance.
c) The licensee has not complied with any of the conditions of the license or has failed
to fulfil his obligations under this Law and the related Implementing Regulation.
The decision of the Minister of Commerce and Industry in respect of the application for a
compulsory license may be challenged based on Article 36 of the draft Law which provides:
"Subject to the provisions for challenges provided for under Articles 18 and 19 and without
prejudice to the provisions of Article 15 of this Law, any interested party may submit apetition to the Minister of Commerce and Industry in respect of any final decision issued in
accordance with this Law within 30 days of its notification to that person.  A decision in
respect of the petition shall be issued within 30 days of its submission and the interested party
shall be notified of the decision in writing within 30 days of its date of issuance.  If the
interested party is not notified of a decision wi thin 60 days of the date of submission of his
petition, such petition shall be deemed rejected.
Where a petition has been rejected or deemed rejected, the interested party may appeal such
rejection before the High Civil Court within 60 days of its notification or lapse of the period
beyond which the petition is deemed rejected as the case may be. An appeal may not be
brought before the court until a petition has been filed and a decision has been issued or the
period for a decision has lapsed."
19. What term of protection does the patent law of Bahrain provide for patents? Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
Article 14 of the draft Law provides that the term of protection is 20 years counted from the
filing date.  The draft Law does not contain any provisions for extending the term of protection.IP/C/W/309
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G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
20. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Bahrain, including the term of protection, and cite to the relevant provisions of
law.
Protection for layout-designs of integrated circuits is to be provided by a Law on the
Protection of Layout-Designs of Integrated Circuits wh ich at present is also in a draft form.  The draft
Law implements Articles 35 – 38 of the TRIPS Agreement.
Article 8 of the draft Law provides that the term of protection is 10 years counted from the
date of filing an application for registration in Bahrain or from the date of the first commercial
exploitation wherever in the world it occurs whichever expires earlier, but in all cases the term of
protection shall lapse 15 years after the creation of the layout design .
The draft Law provides for a system of registration of designs.  Article 12 to 15 of the draft
Law provides for a system of granting compulsory licenses which is in line with Article 31(a) to (k) ofthe TRIPS Agreement.  The system is identical to th at provided for patents outlined in the response to
question 18 except that Article 31(l) of the TRIPS Agreement is excluded with respect to layout-
designs as permitted under Article 37.2 of the TRIPS Agreement.
Article 17 of the draft Law provides for criminal sanctions against infringements to the rights
of the design owner.
The draft Law does not require registration of the design in order to enjoy the protection
provided for in the Law, except that provisional measures and criminal sanctions are only available to
registered designs.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
21. Please describe in detail how the laws of Bahrain provide for the protection of undisclosed
information as required by Article 39.2 of the TRIP S Agreement and cite to the relevant provisions of
law.
Protection of undisclosed information is provided for in the draft Law on the Protection of
Trade Secrets. The draft Law implements the provisions of Article 39 of the TRIPS Agreement.
Article 1 of the draft Law implements the provisions of Article 39.2 of the TRIPS Agreement.
Article 4 of the draft Law provides for what in particular is considered "a manner contrary to honest
commercial practices" referred to in Article 1 of the draft Law.  Article 4 provides the following withrespect to what in particular is considered "a manner contrary to honest commercial practices":
a. Disclosure of secret information acquired by a party to a “confidential agreement.
b. Disclosure, or inducement to disclose, secret information in breach of a duty of trust.
c. Misappropriation of information by unlawful means including fraud, espionage, theft
or other improper means.
d. Acquiring trade secrets from another person while knowing – or being capable of
knowing – that such other person has acquired the trade secrets by committing one of
the acts specified in the above items.IP/C/W/309
Page 40
Article 6 of the draft Law provides for provisional measures to be ordered by the court to
restrain or to cease infringements. Article 7 provides for criminal sanctions against unlawful
disclosure of trade secrets.
22. Please describe in detail the manner in which protection is provided to test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Bahrain and cite to the relevant provisions of law.
Article 2 of the draft Law on the Protection of Trade Secrets provides the following with
respects to protection for test data:
"The prohibition on disclosure of trade secrets referred to in the preceding Article shall extend
to undisclosed tests or data the origination of which involves a considerable effort, and which
have been submitted to the competent authorities for the purpose of obtaining approval for
marketing of pharmaceutical or agricultural chemical products which utilise new chemicals
entities.
The competent authorities which receive such tests or data shall protect them against
disclosure as from the date they are received until they are no longer secret, and shall prohibit
their unfair commercial use by preventing any third party not having the consent of the person
who submitted them from relying on such data or tests in the marketing of similar drugs or
products for 5 years following the date of marketing approval of the drugs or products in
Bahrain.
Disclosure of the tests or data by the competent authorities shall only be made where
necessary to protect the public or unless the necessary steps are taken to ensure that the data
are protected against unfair commercial use."
23. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant? If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
As explained in the response to question 22, by virtue of Article 2 of the draft Law on the
Protection of Trade Secrets, other applicants for marketing approval for their own versions of apreviously approved pharmaceutical or agricultural chemical products are not permitted to rely on
data submitted by an earlier applicant before the lapse of 5 years from the date of marketing approval
in Bahrain of the original pharmaceutical or agricultural products which utilise new chemical entities.
I. E
NFORCEMENT
24. Please describe in detail the manner in which the laws of Bahrain provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS
Agreement.
Infringements of intellectual property rights results in both civil and criminal liability.
Damages may be sought by the right holder based on Article 158 of the Civil Code, as is the case with
any tortious act.  Criminal sanctions are provided for infringements of all intellectual property rights
as shall be explained in the responses to questions 30 to 32.
Provisional measures to cease or to prevent an imminent infringement from taking place may
be ordered by the court. Provisional measures may also include protective seizure of the allegedly
infringing goods together with the material and im plements allegedly used for the infringement. The
provisional measures may also include preserving or recording relevant evidence concerning theIP/C/W/309
Page 41
alleged infringement. The relevant provisions of the IPRs draft Laws will be cited in the response to
question 26.  In order to prevent abuse and to compensate the defendant, where the measure was
unjustifiably sought, the court may order the plaintiff to provide security. In order to maintain the
provisional measure in force, the plaintiff is required to initiate proceedings leading to a decision on
the merits of the case within 15 days from the date the order for a provisional measure was granted.
Where delay is likely to cause irreparable harm to the right holder or is likely to result in
evidence being destroyed, the court has the authority to order the provisional measure inaudita altera
parte . The party against whom the order has been ordered has the right to appeal within 10 days after
the order is notified to him.
Border measures are available with respect to infringements of both trademarks and copyright
and neighbouring rights as shall be explained in detail under the response to question 27.
25. Please describe in detail all of the civil remedies that are available to right holders under the
Laws of Bahrain, citing to the relevant provisions of Law or Regulation.
The civil remedies that are available to right holders under the Laws of Bahrain and the
relevant provisions of the respective Laws are described in Bahrain's responses to the Checklist of
Issues on Enforcement available as document IP/N/6/BHR/1.
26. Please describe in detail the provisional procedures and remedies available to right holders
under the Laws of Bahrain, citing to the relevant provisions of Law and regulation, and indicate any
condition under which a right holder may avail itself of those procedures and remedies.
Upon a petition by the right holder, the President of the competent court may order
provisional measures in respect of the alleged infringement of any form of intellectual property right.The legal basis is the following provisions of the respective draft Law:
Copyright and Neighbouring Rights: Article 44
Patents and Utility Models: Article 40
Trademarks: Article 24Geographical Indications: Article 11
Protection of Trade Secrets: Article 6
Industrial Designs: Article 18
Layout Designs of Integrated Circuits: Article 17
Protection of Breeders of New Varieties of Plants: Article 26
The court may order a provisional measure inaudita altera parte  in appropriate cases and in
particular where any delay is likely to cause irreparable harm to the right holder, or where there is a
demonstrable risk of evidence being destroyed.
Unless the provisional measure is subsequently set aside by the court as a result of appeal by
the opposing party, within 10 days after he is notified of the order, the provisional measure remains inforce provided that the right owner initiates proceedings leading to a decision on the merits of the case
within 15 days after the order is granted.
For an order to be granted, the petitioner is required to provide evidence to satisfy the court
that he is the right owner, or in the case of a geographical indication that he is a person with interest,and that his right is being infringed or that such infringement is imminent.
The court has the authority to order the petitioner to provide suitable security to prevent abuse
of the availability of such measures.
The provisional measures, which the court may order, include one or more of the following:IP/C/W/309
Page 42
a. Injunction to cease the alleged infringement or to prevent it from taking place.
b. Protective seizure of the allegedly infringing goods together with the materials and
implements allegedly used for the infringement.
c. Preserving or recording relevant evidence in respect of the alleged infringement.
The procedure is described in more detail in Bahrain's responses to the Checklist of Issues on
Enforcement available as document IP/N/6/BHR/1.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the Laws of Bahrain that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
Directorate and citing to the relevant provisions of Law or regulation.
The customs authority, which is the General Directorate of Customs, may order the measure
pursuant to Article 46 of the draft Law on Copyright and Neighbouring Rights and Article 35 of the
draft Law on Trademarks with respect to goods that constitute any of the infringements defined inthose Laws.  The measure may be ordered by the customs authority on its own initiative or upon an
application by the right holder or the Public Prosecutor.  Both Articles provide that the measure may
be ordered if the customs authority is convinced on the basis of prima facie evidence that such goods
(whether imports or exports) constitute infringements of any of the intellectual property rights of the
right holder.  However, the procedure does not apply to goods in transit or to de minimis  imports or
goods put on the market in another country by or with the consent of the right holder. This
administrative procedure does not preclude the right to  resort to the court in the first place to obtain a
court order for the measure .
The application if made by the right holder or the Public Prosecutor must include a
sufficiently detailed description of the goods to make them readily recognisable by the customsauthority.  The right holder, if he is the applicant,  is required to submit adequate evidence to satisfy
the customs authority that there is prima facie an in fringement of his intellectual property right. The
customs authority has the authority to require the applicant to provide security. The objective is to
protect both the defendant and the customs authority and to prevent abuse.
The customs authority is required to decide within a period not exceeding 3 days on whether
to accept the application.  The customs authority is required to promptly notify the applicant and the
importer of its decision to suspend the release of the goods. A petition to challenge the decision maybe submitted to the court within 10 days.  The goods shall be released if within 10 working days after
the right holder has been served with a notice of the suspension; the customs authority is not informed
that the right holder has initiated proceedings leading to a decision on the merits of the case.
However, the release of the goods will only be authorised if all the conditions for importation or
exportation as the case may be have been complied with.  The 10 days time limit may be extended in
appropriate cases for a further period not exceeding 10 days at the discretion of the General Director
of Customs.
The customs authority is prohibited from refusing to provide the right holder and the importer
or exporter, if the goods are destined for export, to be notified promptly.
The decision to suspend the release of the goods remains in force unless subsequently
annulled by the court or after the lapse of 10 days without the customs authority being informed that
proceedings leading to a decision on the merits of the case have been initiated. The customs authorityIP/C/W/309
Page 43
is required to provide both the right holder and the importer or exporter, as the case may be, sufficient
opportunity to inspect the goods detained.
Further regulatory matters with respect to the form, payable fees, manner in which
applications are to be submitted and how they are to be processed together with the amount of securityto be provided will be the subject of an Implementing Ministerial Regulation. The fee to be
determined in the Implementing Regulation is no t expected to be more than BD 30 (US$80).
The importer or exporter – as the case may be – and the owner of the goods may, through the
court, seek equitable compensation based on Article 158 of the Civil Code for any injury caused to
them through the wrongful detention of the goods.
28. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each form of
intellectual property, citing the relevant provisions of Law.
Border enforcement required under the TRIPS Agreement is available only to trademarks and
copyright and neighbouring rights infringement.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio. Please explain whether the competent authorities in Bahrain are
empowered to act ex officio and, if so, please iden tify the intellectual property areas subject to ex
officio action.
Article 46 of the draft Law on Copyright and Ne ighbouring Rights and Article 35 of the draft
Law on Trademarks both provide that the customs authority may act upon its own initiative or uponrequest by the public prosecutor to suspend the release of goods in respect of which the customs
authority has acquired prima facie evidence that the goods constitute an infringement of any of the
intellectual property rights provided for under those draft Laws.
K. C
RIMINAL PROCEDURES
30. Please describe in detail how the Laws of Bahrain implement Article 61 of the TRIPS
Agreement that requires Members to have criminal  procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark
counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant
provisions of Law and regulation.
Article 38 of the draft Law on Trademarks provides for criminal sanctions to infringement of
Trademarks Law.  The penalty is imprisonment for a term not less than 3 months and not more than
one year or a fine of not less than BD 500 and not more than BD 2000 or to both fine andimprisonment.   If the offender repeats an offence, the upper limit of both the fine and imprisonment
are doubled and in addition the court has the authority to order the closure of the premises, at which
the offence was facilitated, for a period between 15 days to six months and to order the verdict to be
published in at least one daily newspaper at the expense of the offender.
Articles 49, 50 and 51 of the draft Law on Copyright and Neighbouring Rights provide for
criminal sanctions to infringements of copyright and neighbouring rights. The penalties are identical
to those for trademarks outlined above.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has
been the commission of the offence. Please descri be the provisions in the Laws of Bahrain thatIP/C/W/309
Page 44
provide for such remedies, and describe the circumstances in which those remedies would be
imposed, citing to the relevant provisions of Law or regulation.
Article 52 of the draft Law on Copyright and Ne ighbouring Rights and Article 38 of the draft
Law on Trademarks provide that the court has the authority to order the seizure, forfeiture anddestruction of infringing goods and any materials and implements which has been used for the
commission of the offence.
The draft Laws do not enumerate the circumstances in which those remedies would be
imposed.  Hence, such remedies would be imposed subject to the discretion of the court and it is to be
expected that the court would impose them where it considers them appropriate and proportionate
taking into account the gravity of the offence and the overall circumstances of the offence, type ofgoods constituting the infringement, damage and losses to the right holder.  As to the material and
implements used for the infringement, it is to be ex pected that the court will take into account their
intended use and the extent they have been used for committing the infringement.
Draft Laws of other forms of intellectual property rights contain identical provisions to those
for trademarks and copyright and neighboring rights.  These provisions are:
a. Patents & Utility Models: Article 41
b. Geographical indications: Article 13
c. Protection of Trade Secrets: Article 7
d. Industrial Designs: Article 19
e. Layout-Designs of Integrated Circuits: Article 18
f. Protection of Breeders of New Varieties of Plants: Article 25
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in
cases of wilful infringement of other forms of intellectual property. Please describe any provisions of
the Laws of Bahrain that provide for such procedures and remedies, citing to the relevant provisions
of Law or regulation.
The draft Laws for all forms of intellectual property rights provide for identical criminal
sanctions to those for trademarks and copyright and neighbouring rights outlined in the response to
questions 30 and 31 above.  The legal basis is the following provisions of the respective draft law:
a. Patents and Utility Models Article 41
b. Geographical Indications Article 2 and 13
c. Protection of Trade Secrets Article 7
d. Industrial Designs Article 19
e. Layout-Designs of Integrated Circuits Article 18
f. Protection of Breeders of Ne w Varieties of Plants Article 25
All the above provisions also provide that the court has authority to order the seizure,
forfeiture and destruction of infringing goods and any materials and implements, which have beenused for the commission of the offence.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated-circuit layout design, and trade secret enforcementfor 2000, including the number of cases filed; injunctions issued; infringing products seized;
infringing equipment seized; cases resolved (i ncluding settlement); and the amount of damages
awarded.IP/C/W/309
Page 45
Statistics are not available.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions,
convictions, and the amount of fines and/or jail terms (including whether the fines were paid and
whether the jail term was actually served or was suspended) and any other information establishingthat the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
Statistics are not available.
__________