Copyright in Qatar – Trade Mark Axis IP https://PrestigeMarks.co.uk Register Trademark | Patent | Copyright in Qatar | GCC & Middle East Mon, 22 Aug 2022 06:48:21 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.1 https://PrestigeMarks.co.uk/wp-content/uploads/2020/07/icss.png Copyright in Qatar – Trade Mark Axis IP https://PrestigeMarks.co.uk 32 32 Copyright Registration in Qatar https://PrestigeMarks.co.uk/blog/copyright-registration-in-qatar/ Tue, 24 Nov 2020 09:01:01 +0000 https://PrestigeMarks.co.uk/?p=2107 Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of creative work, but not the idea itself. Copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. The major aim of the copyright system is to keep a record of works protected under law, so in case of legal claim, plagiarism or infringement, the copyright owner can produce the official certificate and protect his right to that specific work.

Qatar has signed 3 international copyright agreements and is a member country of The Berne Convention for Copyright. Berne Convention for the Protection of Literary and Artistic Works on 5th July, 2000, Agreement on Trade-Related Aspects of Intellectual Property Rights on 13th January, 1996 and WIPO Copyright Treaty 28th October, 2005. The Copyright Index operates in Qatar under international copyright agreements. Hence it is recognised in all countries which have signed these treaties. Members of the Copyright Index are provided with official certified copyrights for their work, as well as a host of other copyright features. Issuing an official authorised certificate is just one of the ways we protect our members and their work.

As per law, protection shall cover particularly the following works:

(1) Books, pamphlets and other writings

 (2) Works delivered orally such as lectures, addresses, sermons or similar works such as poems and hymns

 (3) Dramatic and dramatic-musical works

 (4) Musical works, whether or not they include accompanying words;

(5) Choreographic works and pantomimes

 (6) audio-visual works

 (7) Photographic and similar works

 (8) Works of applied art, whether handicraft or produced on an industrial scale

 (9) Works of drawing and painting with lines and colours, architecture, sculpture, decorated arts, engravings, sketches, designs and three-dimensional geographic or topographical works.

(10) Computer programs.

Protection shall also extend to the title of the work if it is original.

Notwithstanding the protection provided by the preceding Article, the following derived works shall be protected by the provision of this Law:

(1) works of translation, summary, alteration explanation and other modifications;    

(2) Collection of encyclopaedias and selections if creative in the selection and arrangement of their subject matter;

(3) Data bases if creative in the arrangement of selection of their subject matter;

(4) Collections of works and expressions of folklore if creative by reason of arrangements or selection of their subject matter.

The protection provided by this Law shall not cover the following works:

(1) Laws, legal provisions, administrative decisions, international treaties, official documents or any official translation thereof. However, collections of such material are protected if they involve creative work in the selection and arrangement of their subject matter.

 (2) Daily news and other news of mere informatorily nature.

(3) Ideas, procedures, operational methods, mathematical concepts, principles and mere data. However, any derivative expression thereof shall be covered by protection.

The provisions of this Law shall apply to the following:

(1) Works of Qatari Authors published within or outside the State;

 (2) works which are published for the first time inside the State, and works which are published for the first time in another State and then published in Qatar within thirty days of the first publication date, irrespective of the nationality or place of residence of their authors; (3) audiovisual works whose producer has his headquarters or place of residence in Qatar;

(4) Architectural works constructed in Qatar, or any other artistic work incorporated in a building or any other construction situated in Qatar. The provisions of this Law shall also apply to works protected by an international agreement or a Court in which Qatar is a party, and in accordance with its provisions.

6. No work of any kind shall be published, displayed or circulated unless accompanied by the following:

 (1) Certificate of origin indicating the name of the author or the person to whom the right of exploitation has been assigned;   

To complete the registration procedure applicant has to submit the following documents;

•           Power of attorney;

•           Name of author(s);

•           Subject of the work;

•           Soft copy of the work;

•           Detailed specification of the work; and

•           Declaration of the ownership of the work. Proof of copyright is absolutely necessary for an age where the publication, distribution and theft of work are so easy. Nowadays, copyright infringement and intellectual theft are very common. Hence, it is very important to be on record to keep your rights protected. The sanctions for piracy or infringement activities were also set out in a proper way with statutory penalties of fines of up to QAR 100,000, i.e. USD $27,500 and/or imprisonment for up to one year.

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How to Register a Trademark in Qatar https://PrestigeMarks.co.uk/blog/how-to-register-a-trademark-in-qatar/ Tue, 24 Nov 2020 08:25:07 +0000 https://PrestigeMarks.co.uk/?p=2096 A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.

A trademark is a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on colour, smell, or sound (like jingles). Trademarks which are considered offensive are often rejected according to a nation’s trademark law.

A trademark identifies the brand owner of a particular product or service. Trademarks can be used by others under licensing agreements. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy. The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. The United States, Canada, and other countries also recognize common law trademark rights, which means action can be taken to protect any unregistered trademark if it is in use. Still, common law trademarks offer to the holder, in general, less legal protection than registered trademarks.

The essential function of a trademark is to exclusively identify the source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular entity as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark. Trademarks are used not only by businesses but also by non-commercial organizations and religions to protect their identity and goodwill associated with their name.

Trademarks in Qatar

In Qatar, trademarks are registered with the Industrial Property Protection Office, which is under the direct supervision of the Ministry of Commerce and Industry, Qatar. Before going for trademark registration, it is good to verify their signs and logos with the respective offices whether those items are already registered or legally accepted by the Qatar Government.

How to register Trademark in Qatar

Qatar follows the International Classification of Goods and Services for the Purposes of the Registration of Marks under International Nice Classification – 11th Version. The registration of trademarks in Qatar is protected by Law no. 9/2002 referring to commercial indications, industrial designs, and models, trade names, etc.

Products like alcoholic drinks and beverages are not registrable. A separate application should be filed with respect to each class of goods or services. And should do verification of trademark, which you want to register. You have to submit documents including logo/symbols and all other papers. You can submit only a single application, in The Industrial Property Protection Office. Qatar.  Another important point which has to be noted is that, if you are a foreign investor, you have to appoint an agent Office with a legalized power of attorney for trademark registration in Qatar. Prior verification before starting trademark registration is intended to avoid duplication. So, every trademark application should be unique. Otherwise, it would fail in the verification process itself and will be unable to go for registration. You can submit print in colour or black and white along with specifying which colours you are claiming.

Once your application for registration of trademark accepted by the official authority of The Industrial Property Protection Office, they will verify and publish in the Official Gazette of Trademarks. If there, any kind of complaints or opposition can be raised, withing 4 months from this. If any complaints raised by filing an opposition against the registration, the applicant has the right to file a counter opposition and in due course to fix a Hearing by filing appropriate applications. The registrar will do a hearing of both parties or any one of them and a decision will be issued by the IPO. If the case is not settled, then either party can move to civil court.

Once the registration process completed, The Intellectual Property Protection Office will issue a certificate which includes the date of the registration, the serial number of the trademark, the name of the trademark owners, the list of products or services for which the trademark registration is made, and the specimen of the trademark. Trademark registration in Qatar is valid for 10 years from the date of application, which can be renewed from 12 months before the expiry date and within 6 months after the expiry with a penalty.

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