The Gulf Cooperation Council (GCC) patent office which is located in Saudi Arabia, also known as the cooperation council for the Arab state of the Gulf, which is a trade bloc involving the following six Arab Gulf States: State of Bahrain, State of Kuwait, State of Qatar, Sultanate of Oman, Kingdom of Saudi Arabia and the United Arab Emirates. Certificate of patent Granted by the GCC patent office secure legal protection of the inventor’s right in all member state of the GCC

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Classification:

The International Classification of Goods and Services (8th Edition) is followed. However, class 33 and alcoholic goods in class 32 and pork meat in class 29 cannot be registered in Yemen. A separate application is required for each class.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 90 days from publication date.

Power of Attorney:

General Power of attorney is sufficient for continuous application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding the date of filing for cancellation.

Assignment:

May be recorded for trademark registrations only with or without the goodwill of the business concerned.

License:

May be recorded for trademark registrations only it is not compulsory but advisable in order to be effective against third parties.

Merger:

A merger may be recorded for trademark registrations only.

Change of Name/Address:

May be recorded for trademark registrations only.

Time Frame:

Search is Possible for word and device marks. The time frame for search is between 5 to 7 working days and for registration process is 1 to 2 years.

Filing Requirements:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • Certified Certificate of Incorporation or Extract from the Commercial register duly legalized as above.
  • A priority document if priority is to be claimed.

Renewal:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs. (in case we are not agent of record).

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • Deed of assignment signed by both parties duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • License agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • Certificate of merger duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • Certificate of change of name/address duly legalized as above.

Introduction:

The Gulf Cooperation Council (GCC) patent office which is located in Saudi Arabia, also known as the cooperation council for the Arab state of the Gulf, which is a trade bloc involving the following six Arab Gulf States State of Bahrain, State of Kuwait, State of Qatar, Sultanate of Oman, Kingdom of Saudi Arabia and the United Arab Emirates. Certificate of patent Granted by the GCC patent office secure legal protection of the inventor’s right in all member state of the GCC

Protection Term:

The term of protection is 20 years from filing date.

Annuities:

A maintenance fee is due annually on patents and is payable the first 3 months of each calendar year following the year the patent application was filed. There is a 3-month grace period for late payment with a surcharge.

Opposition:

Decisions to grant a patent are published in the Patent Official Gazette. Oppositions may be filed within 90 days from publication date.

Search:

It is possible for published patents may to be searched by title and subject.

Examination:

As to form, novelty and industrial applicability.

Compulsory License:

A patent has to be worked. If the patent is not being exploited by the patentee within 4 years from the date of filing or 3 years from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.

Novelty Requirements:

Absolute novelty is required. However, disclosure of the invention without the knowledge or the consent of the applicant shall not be taken into consideration if it occurred within the 6months preceding the filing date of the patent application. Also, disclosure in an official or officially recognized national/international exhibition shall not be taken into consideration if it occurred within the 12months preceding the filing date of the patent application.

Filing Requirements:

  • Power of Attorney duly legalized up to the Saudi Consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Certified Certificate of Incorporation or extract from the commercial register duly legalized as above.
  • Deed of Assignment duly legalized as above.if the applicant is not the inventor.
  • Certified copies of priority documents, if priority is to be claimed.
  • All the above may be submitted within 90 days from the filing date.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Deed of assignment signed by both parties duly legalized as above.
  • Certified Certificate of Incorporation or extract from the commercial register duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • License agreement signed by both parties duly legalized as above

Merger:

  • Power of Attorney duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Certificate of merger signed by both parties duly legalized as above.
  • Certified Certificate of Incorporation or extract from the commercial register duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Saudi consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Certificate of change of name/address duly legalized as above.

Protection Term:

10 years from filing date.

Examination:

As to form and content.

Applications with Multiple Figures:

Possible up to 3 figures.

Filing Requirements:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • Deed of Assignment duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by both parties duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • Deed of assignment signed by both parties duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.

License:

  • Power of Attorney signed by both parties duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • License agreement signed by both parties duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • Certificate of merger duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Yemen consulate and further legalized locally at the ministry of foreign affairs.
  • Certificate of change of name/address duly legalized as above.
  • Certified copy of the Certificate of Incorporation or extract from the commercial register duly legalized as above.