This article seeks to provide a summary of the progress of the implementation of the Trade Mark Law in the six countries of the Cooperation Council for the Arab States of the Gulf (the “Gulf Cooperation Council” or “GCC”).
The GCC Trade Mark Law does not create a system for a trade mark registration effective in all GCC countries. It creates uniformity in the laws and implementing regulations in each country; except, perhaps, in official fees.
The primary legislation:
The GCC Trade Mark Law was first approved by resolution of the Supreme Council of the GCC during the 27th meeting held in Riyadh, Saudi Arabia on 9th and 10th December 2006.
A revised version of the GCC Trade Mark law was approved by resolution of the Supreme Council of the GCC during the 33rd meeting held in Bahrain on 24th and 25th December 2012
The Trade/Commercial Cooperation Committee of the Cooperation Council for the Arab States of the Gulf approved the Implementing Regulations of the Trade Mark Law in its 51st meeting held in Doha, Qatar on 21 May 2015.
Status in each country
- The increases in the official fees were applied from 29 May 2016.
- While the Implementing Regulations were stated to be effective from 29 May 2016, Law No 6 of 2014 provides that the provisions of the GCC Trade Mark Law will come in to force six months after the Implementing Regulations are issued – so November 2016.
Law No. 7 of 2014
- Issued on 8 June 2014
- Published 30 June 2014
- Provides that the Law will come in to force six months after the publication of the Implementing Regulations
- Repeals Law No 18 of 2007 relating to the 2006 version of the GCC Trade Mark Law
- Implementing regulations no yet published.
- The Law states that provisions which contravene Law No 7 of 2014 are repealed but does not mention specifically the current Trade Mark Law No 9 of 2002.
- There is currently some uncertainty over whether the publication of the Trade Mark Law and the Implementing Regulations was effective to bring both in to force in Saudi Arabia. The uncertainty is about whether either or both of the Council of Minister Decision or the Royal Decree should have also been published.
- Federal Law No. 52 of 2007
- Issued on 20 June 2007
- Published on 25 July 2007
- Related to the 2006 version of the law. No implementing regulations.
- No legislation published in relation to the 2013 version of the GCC Trade Mark Law.
The effect on fees in Bahrain and Kuwait following the local implementation of the GCC Trade Mark Law has been significant. A further article detailing the effect on the fees will follow shortly.
Please click here to read more on the effects of the official fees following the implementation of GCC Trade Mark Law.