IP OVERVIEW OF BAHRAIN

Bahrain, officially the Kingdom of Bahrain, is a small Arab monarchy in the Persian Gulf. In 1995, Bahrain joined the World Trade Organization (WTO) and implemented the TRIPS agreement; Bahrain is one of member states of the World Intellectual Property Organization (WIPO), and in 1997 signed the Paris Convention for the Protection of Industrial Property.

The basic laws of intellectual property in Bahrain include: the Trade Secret Law promulgated in 2000 and its amendments in 2005 and 2006, the Patent and Utility Model Law promulgated in 2004 and its amendment in 2006, the Geographical Indication Protection Law promulgated in 2004 and its amendment in 2006, the Industrial Design and Model Law, the Integrated Circuit Layout Design Law, the Trademark Law, and the Copyright and Neighboring Right Protection Law promulgated in 2006.

Bahrain has promulgated a series of laws and regulations related to IP protection, such as the Provisions for Supervision of Qualification Certification by Notary Service Providers promulgated in 2004 and the Rules for the Implementation of Law No.6: Industrial Design and Model Law 2006 promulgated in 2010.

Subject Matter of IP Protection in Bahrain

In Bahrain, patents are legislatively divided into invention patents and utility model patents. Patent applications will be reviewed according the formal essentials and substantive essentials as specified in the Patent and Utility Model Law promulgated in 2004.

In Bahrain, the protection term of industrial designs or models is 10 years as of the date of the application and can be renewed for additional five years. Industrial designs or models need to be of absolute novelty. Design application can be in the form of drawings or photos, demonstrating at least from three perspectives.

The Trademark Law of Bahrain promulgated in 2006 includes 61 articles, stipulating the specific definition of trademark, trademark applications, trademark owners’ rights etc.

Geographical indication refers to the words that indicate the place, city, region or country that a product comes from either in an expressed or implied way. Such words can indicate that product quality, reputation or other characteristics mainly depend on the place of origin.

Integrated circuit refers to the product that is capable of power transmission and installed onto a series of materials. Layout design refers to the 3D arrangement of various components that form an integrated circuit and are used for production purpose. Integrated circuit layout design owners need to be registered at the ministry of trade and industry to obtain protection.

In Bahrain, the Copyright and Related Right Law (hereinafter referred to as the “copyright law”) protect original works which is of literary, artistic or scientific values in any forms.

Leakage of trade secrets is considered as violation of fair competition. In Bahrain, the Trade Secret Law promulgated in 2003 and its amendments in 2005 and 2006 provides for the protection of trade secrets.

Introduction to Main Industrial Property System in Bahrain

Patent shall be granted to innovation with originality and industrial applicability, regardless of whether the invention is about imported or domestic new products, production methods, or the new use of known production methods.

Patent term is 20 years. The protection term of utility model patent is 10 years from the date of application in Bahrain or from the date of applying for right of priority.

The protection term of industrial designs and models is 10 years from the date of application for registration in Bahrain.

Invention or utility model application: a power of attorney (original to be mailed) certified and confirmed by the consulate of Bahrain or other consulate of Saudi Arabia; excerpts from the company’s business registration or articles of association if the applicant is a legal company confirmed by the consulate of Saudi Arabia; a copy of English specification (with Arabic translation) and claims; a series of drawing instructions associated with the invention (if any); invention summary containing no more than two hundred words (attached drawings can be provided); a legal application right transfer contract signed by the inventor and confirmed by the consulate of Saudi Arabia if the applicant is not the inventor, and; a certified copy of application for right of priority stating application date, application number and the information on country where such application is made if there is application for right of priority.

Design application: a power of attorney (original to be mailed) certified and confirmed by the consulate of Bahrain or other consulate of Saudi Arabia; the applicant's name, address, nationality, occupation or nature of the company; a certified copy of company registration license of the applicant; a certified copy of the document related to right of priority if claimed. Please note that the right of priority can be claimed only within six months after the date of the first priority applications filed, and; three attached performance views for each design.