Patent annuity payments
A noteworthy change concerns the process for patent annuity payments. Previously, applicants were afforded the flexibility to defer such payments if the examination of their patent application exceeded a timeframe of three years. This option, however, has been rescinded in favour of a more streamlined approach. The patents department now stipulates that patent annuity payments cannot be paid in case no acceptance or grant decisions are issued within three years three years from the filing date; i.e. if no action has been undertaken in respect of the patent. This revised approach will enhance the efficiency of the examination process and allow their department to fulfill a thorough patent examination report.
Trade mark filings
Meanwhile, the realm of trade mark filings has also witnessed the implementation of new regulations designed to enhance transparency and administrative efficiency. Powers of Attorney (POAs), a crucial element of trade mark prosecution, are now subject to additional certification requirements. POAs legalized abroad by the Qatari embassy must undergo local attestation by the Ministry of Foreign Affairs. Furthermore, for POAs not originally drafted in Arabic, a certified Arabic translation must be submitted alongside the original document. Finally, POAs exceeding three years from their issuance date require a validation stamp from the Ministry of Justice. These measures serve to ensure the authenticity and legal validity of POAs, thereby safeguarding the rights of trademark owners and streamlining the processing of trade mark applications within the Intellectual Property Department.
Madrid Protocol
Another significant development pertains to the fee structure associated with the Madrid Protocol, an international system for trade mark registration. Qatar prefers to receive an individual fee instead of a share of the standard fees collected through Madrid Protocol. This applies when Qatar is designated in an international trade mark application or registration, in a designation subsequent to an international registration and in respect of renewals of international registrations designating Qatar. The specific fees are 1,127 Swiss Francs per class of goods or services for designations and subsequent designations (approximately $1,230 USD*), and 876 Swiss Francs per class for renewals (approximately $958 USD*). This change will take effect on August 3, 2024.
Qatar fostering innovation
Equally, in a move designed to stimulate economic activity and bolster Qatar's position as a thriving business hub, the Ministry of Commerce and Industry has implemented substantial reductions in service fees for various business services, including those related to designs and patents. These reductions, which can reach up to 90% in certain instances, demonstrate a clear commitment to attracting investment and fostering a vibrant entrepreneurial ecosystem. By lowering the costs associated with IP protection, Qatar is sending a strong signal to foreign investors and domestic entrepreneurs alike, underscoring its dedication to fostering innovation and knowledge-based industries.
An evolving Qatari IP landscape
The recent updates to Qatar's IP framework and the Bahrain-China PPH program represent positive steps towards a more efficient and collaborative global IP landscape. These developments will ultimately benefit inventors, businesses, and consumers alike. Consulting with a qualified IP professional is highly recommended for navigating these changes and ensuring optimal protection for intellectual property rights within the evolving Qatari IP landscape.
FICPI's view and involvement
FICPI uniquely combines education and advocacy on topics around patents and trade marks, with a focus on developing the professional excellence of its individual members. FICPI Forums, Congress, committees and meetings are opportunities to gather insights from the international IP attorney community on any issue, whether it be practice-related or topics of patent and trade mark law.
Next steps
- Events such as FICPI’s 2024 Open Forum (25-28 September, Madrid) offer the opportunity to attend technical sessions, and to meet and further discussions in congenial surroundings.
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Contact the author or search for FICPI members in the Middle East by navigating to the FICPI member directory and searching by country.