| Yemen
Legislation
Intellectual property legislation includes Law No. 19 of 1994. Industrial
property matters are administered by General Administration of the Commercial
Register, under the supervision of the Ministry of Trade and Supply. However,
Copyright is administered by the Directorate of Literary and Artistic
Works, under the supervision of the Ministry of Culture and Tourism. Yemen
is member of WIPO Convention since March 29, 1979.
Yemen Patents Registration.
When an application is filed, the Patent Office of the General Administration
of the Commercial Register will examine the patent application to ensure
compliance as regards formal requirements. Once compliance with formal
requirements has been satisfied, the application shall be given a filing
number and a filing date. If formal requirements called for under the
Implementing Regulations are not satisfied, the applicant will be notified
to complete formal requirements within a period to be specified by the
Registrar. In the event the required formal filing requirements are not
completed, the Registrar will decline to accept the application. The applicant
is entitled to appeal the Registrar's decision before the High Court of
Justice within a period not exceeding one month as from the date of the
Registrar's decision.
Once an application is approved, it will be published and recorded in
the Official gazette. Any interested party may oppose the grant of a patent
within a period no exceeding two months as from the date of publication.
The letters patent will be issued subject to payment of the prescribed
fee. Patents are valid for 15 years as from the date of filing subject
to payment of the prescribed renewal fees which is required to be paid
before expiry of the fourth, eighth, and twelfth years as from the filing
date. If a patentee failed to exploit the invention within the three consecutive
years from the date of grant any interested third party may request cancellation
of the patent or grant of a compulsory license. The Industrial Office
may, in an appropriate case, grant a compulsory license to any interested
person in a position to put the patent into operation. An assignment of
a patent requires to be recorded in the Official Gazette subject to presentation
of a duly executed and legalized deed of assignment. The owner has the
right to institute a suit, if an infringement act, representing an encroachment
on the patentee's right has been committed. Relief depends on the type
of legal proceedings pursued. A criminal court may order confiscation
and destruction of the infringed products. A civil court's order may include
compensation for damages and losses sustained as a result of the infringement
act.
Formal filing requirements are as follows:
- 1. A power of attorney duly legalized by a Yemeni Consulate.
- Full particulars of the applicant.
- A duly authenticated and legalized deed of assignment, if the applicant
is not the owner.
- A duly certified copy of the certificate of incorporation or an extract
from the Commercial Register if the applicant is a legal entity.
- Two copies of the specification in English with an Arabic translation.
- Claims.
- Two sets of the formal drawings.
- An abstract of the invention which shall not exceed 200 words.
- An indication of the international classification of the invention
if known.
- Priority document if priority is to be claimed.
Designs.
Once an application is filed it will be examined as to form to ensure
that formal requirement has been met. In the event the Registrar declines
to accept the design or model, the applicant may appeal the decision to
the High Court of Justice within one month from the Registrar's decision.
In the event a design is accepted, it will be published and recorded in
the Official Gazette. Any interested party may contest publication within
a period not exceeding 60 days from the date of publication. An industrial
design or a model is valid for five years as from the date of filing and
is renewable for two similar periods of five years each. An assignment
should be recorded within a period of six months. The proprietor of the
industrial design has an unfettered legal right to institute legal proceedings
as and when an infringement act has been committed affecting his rights
in the design. The same procedure as applied to patents shall apply to
industrial designs.
Formal filing requirements are as follows:
- A power of attorney duly legalized by a Yemeni Consulate.
- Full particulars of the applicant.
- A duly authenticated and legalized deed of assignment, if the applicant
is not the owner.
- A duly certified copy of the certificate of incorporation or an extract
from the Commercial Register if the applicant is a legal entity.
- A duly certified priority document if priority is to be claimed.
- Two copies of the model or design having two dimensions. In the event
the model or design is a three dimensional one, two copies of each view
is required.
Trademarks/service marks.
The Nice International Classification of Goods and Services is adopted subject
to particular limitations such as trademarks concerning alcoholic goods
and pork meat. Pursuant to the Regulations issued in October 1999, classes
will be divided into subclasses, a procedural aspect which entails payment
of extra cost. Again, registration of a mark shall be declined if the trademark
offends or is contrary to public morality. If the trademarks' Registrar
declines to accept registration of a mark, the applicant is entitled within
a period not exceeding 30 days from the date of official notification to
raise a complaint before the competent Court. .
The Registrar will examine the application to ensure formal compliance.
Once formal compliance is secured, the application will be published in
the Official Gazette (AL-Tigarah ) and hence the Certificate of Registration
will be issued. An opposition may be raised by any interested party within
a period of 6 months from the date of publication. The time required to
consummate processing till the stage of receiving the Certificate of Registration
is in the range of 8 to 10 months. The term of validity for a duly registered
trademark is 10 years, renewable for further periods of 10 years each, subject
to payment of the prescribed fee. A grace period of 3 months is allowed.
A trademark may be assigned with or without goodwill; however an assignment
must be recorded as provided for under the law. A trademark may be cancelled
by order of the competent court, if an interested third party established
cogent grounds showing non-use for a period of five consecutive years
as from the date of filing. Infringements proceedings are heard by the
competent Court. Forged or counterfeited goods, on the basis of a court
order, shall be confiscated and destroyed by the concerned department
at the Ministry of Supply and Trade. The court's order may involve suspension
of the infringement act, in addition to payment of losses and damages.
Formal filing requirements are as follows:
- Name and address of the applicant including his nationality, his
domicile and the address of his place of business.
- A power of attorney duly legalized by a Yemeni Consulate.
- A copy of the certificate of incorporation or an extract from the
Commercial Register dully certified and legalized by a Yemeni Consulate.
- 15 prints of trademark/service mark for each class. A trademark print
must be in the range of (size 6x6cm)
- A complete list of goods and services to be covered by the registration.
- Priority document, if priority is to be claimed.
Changes.
- Alteration of goods and services.
- Alteration of a registered trademark.
- Voluntary cancellation of a registration.
- Change of name and /or address of the owner.
- Assignment of the registration.
- Licensing contract.
Requirements:
- A power of attorney duly executed and legalized by a Yemeni Consulate.
- A duly certified instrument of change of name and/or address.
- Original certificate of registration / renewal as the case may be.
- A deed of assignment duly executed and legalized by a Yemeni Consulate.
- A duly executed licensing contract.
Copyright.
Range and extent of protection.
Copyright matters are administered by the Directorate of Literary and
Artistic Works, under the supervision of the Ministry of Culture and Tourism.
Formal filing requirements and any other query in relation thereof shall
be supplied on request.
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