Qatar accedes to Nice Agreement

WIPO

Author Emanuel Berrod Licence CC BY-SA 4.0 

 

Jane Lambert

The World Intellectual Property Organization has announced Qatar's accession to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (see Nice Notification No 147, 10 Nov 2025).  The Agreement will take effect with regard to Qatar from 10 Feb 2026.

Qatar is already a contracting party to the Madrid Protocol (see the list of WIPO-administered treaties to which Qatar is a contracting party).   Its main intellectual property laws are as follows:

• Law No. 9 of 2002 on Trademarks, Trade Names, Geographical Indications and Industrial Designs  
• Law No. 7 of 2002 on the Protection of Copyright and Related Rights  
• Law No. 6 of 2005 on Protection of Layout Designs of Integrated Circuits  
• Law No. 5 of 2005 on Protection of Trade Secrets  
• Patent Law (promulgated by Decree-Law No. 30 of 2006)   
• Emiri Decree No. 53 of 2009 establishing the Centre for the Protection of Intellectual Property Rights  
• Law No. 7 of 2014 on Approval of the Trademarks Law of the Gulf Cooperation Council States and 
• No. 10 of 2020 on the Protection of Industrial Designs.

Anyone wishing to discuss this article or the Qatari International Court and Dispute Resolution Centre may call me on +44 (0)20 7404 5252 during UK office hours or send me a message through my contact page at any other time.

Further Reading

Jane Lambert Qatar at the WIPO 22 Oct 2919

Jane Lambert The Qatar International Court and Dispute Resolution Centre 28 July 2012

Jane Lambert  Qatar Intellectual Property Law  1 May 2012

Jane Lambert Qatar Financial Centre: Civil and Commercial Court Regulations  28 June 2011

Jane Lambert  Qatar Financial Centre  3 April 2011

Why is there no longer a British IP Attaché to the Gulf Co-operation Council?

Author IJA Public Domain Source Wikimedia Commons

British EmbassyAbu Dhabi

 

Jane Lambert

The UK Intellectual Property Office has published a Linkedin newsletter called IPO Overseas,  It is about the UK's network of overseas IP attachés, trade experts and UK-based policy teams.  The latest issue, which was published on 26 July 2024, is entitled "IPO's Middle East and North Africa ('MENA') International Team.,  Although the subtitle is "How our IP Attaché network can help you do business with the Middle East and North Africa" the publication features an interview with  Ben Llewellyn-Jones, IPO’s Director of Business and International Policy and not with an attaché.

The British government used to have an attaché to the Gulf Cooperation Council ("GCC"), On 27 Oct 2021 I wrote that HM government signalled the importance of the GCC as a trading and investment partner by appointing Yamish Yakoob as its first Intellectual Property Attaché to the bloc in UK's New Intellectual Property Attache to the GCC.  I based my article on the IPO's Case Study IP Attaché: Yamish Yakoob, Gulf Cooperation Council of 7 Oct 2021 which was apparently withdrawn on 27 March 2024.  No explanation has been given for the withdrawal.  Mr Yakoob is still at the British embassy in Riyadh but his new job title is "Retail, Food & Drink @ British Embassy." His LinkedIn page indicates that he started that job in April 2024.

In his interview, Mr Llewellyn-Jones said that the GCC is this country's 4th largest non-EU trading partner after the USA, China and Switzerland and that British trade with that region is worth around £59 billion.  He indicated that the government is negotiating a free trade agreement with the GCC.  He mentioned that UK businesses can face a number of challenges when registering and protecting their IP in the Middle East. These can range from the need to take effective action against trade mark infringement to high registration fees.

Mr Llewellyn Jones encouraged British businesses to use the IPO's international team: The team knows that local IP systems can be difficult for some to navigate even if a business has registered its IP in the UK with the IPO. He said:

“This is where our international team can help with their local knowledge”, said Ben. “We can help to guide businesses through these IP systems, guide you through what to expect and support you as you build your business overseas”

His top tips were:

• "If you're looking to trade in MENA and the GCC, include IP as part of your market research or export plan
• Do your due diligence and check, for example, if someone already registered a trade mark that is the same as yours. If you're not sure, we'll have a complex portfolio of IP rights and legal experts who will be able to help you.
• Finally, if your IP is an important part of your business value, register your rights as soon as you can!"

The British government has published further guidance and information on doing business and the IP issues that arise in the Middle East which is not linked directly to the IPO's newsletter.   However, I incorporated that guidance and information and combined it with my own in IPO Guidance on the Gulf Cooperation Council on 8 April 2023.

One resource that the IPO does not mention and perhaps should is that there are English-speaking common law courts in Dubai, Abu Dhabi and Qatar.  Each of those courts has judges who practised in the UK or other Commonwealth common law jurisdictions and all members of the Bar of England and Wales can qualify easily to appear before them.  If a British company is thinking of licensing its technology, distributing its goods or franchising its services in the region it may find advantages in choosing the law of one of those legal systems as the proper law and its courts as the forum for future dispute resolution. 

This is an area in which my chambers have some expertise.  Colleagues who practise other areas of law already appear before those courts.  Last year, Stephen Somerville, our first deputy senior clerk visited Dubai and he has been sufficiently encouraged by that visit to make a second trip later this year.   Anyone interested in using our expertise and connections should contact me on +44 (0)20 7404 5252 during UK office hours or send me a message at other times through my contact page.

IPO Guidance on the Gulf Cooperation Council

 

Jane Lambert

On 6 April 2023 the UK Intellectual Property Office ("the IPO") circulated an email headed "Are you a UK business trading in the Gulf Cooperation Council (GCC)? Or thinking of doing so?" to its mailing list, The email announced that the IPO had published guidance to help businesses navigate the IP regimes in each of the six GCC member states providing information on the main IP rights and where to go for further guidance,  It added that the GCC was the UK's 7th largest export market worth £33.1 billion in 2021, that the UK has a longstanding relationship with the GCC, particularly in areas like technology, life sciences, creative industries, financial services and education, and that intellectual property will play a vital role in securing British ambitions in the region.

International IP Service

A button on the email connects to a web page on the British government's website headed Collection International IP Service with the strapline "Protecting your trade marks, patents, designs and copyright abroad" which was first published on 20 Aug 2021 and last updated on 10 March 2023.  It begins with a general observation:

"Intellectual property rights are territorial. You should consider getting IP protection if you want to trade overseas or sell to overseas customers via the internet. Start by developing an international strategy, identifying your markets, business goals and resources."

 I would endorse that advice adding only that an international strategy is an aspect of an IP strategy which is something that every business should develop whether an individual on his or her first day in business or a mighty multinational  (see What is an Intellectual Property Strategy? 19 May 2017 last updated 8 April 2023).  I could help with that as I have many years experience of advising on IP strategy and have written many articles on the topic.

Top Tip

I would also endorse the IPO's "Top Tip":

"Know before you go. Wherever you want to do business, it is important that you understand the steps you should take to protect your IP before entering the market. It is a lot easier to jump over any hurdles before realising it might be too late to act. You will also need to do some research to make sure you’re not infringing someone else’s IP."

Meet the Experts: Yamesh Yaqoob

The next link introduces our IP attachés which are listed on a separate Attaché contact details page.  Our main in the GCC countries is Mr Yamish Yaqoob whose appointment I reported in UK's New Intellectual Property Attache to the GCC on 27 Oct 2021.  The section on Mr Yaqoob states:

"Focus on the GCC: Yamish provides guidance to UK stakeholders in the GCC region on how to effectively protect and manage their IP assets. He also works closely with regional IPOs and official authorities on outreach and awareness raising of the value of IP. Yamish will input on IP in a Free Trade Agreement with the GCC, to further build bilateral cooperation within the GCC on IP practice and policy. Currently, he is also working in close collaboration with the Saudi IP authority on delivering a joint work plan aimed at improving the local IP ecosystem."

IP Country Guides

The International IP Service page links to a list of IP Country Guides.  These include guides on:

• Bahrain 
• Kuwait 
• Oman 
• Qatar
• Saudi Arabia and 
• the United Arab Emirates ("UAE"). 

Each of those guides was published on 2 March 2023 and follows a similar format.  There are passages on trade marks, patents, designs, copyright, enforcement and sources of further information.

The guidance on the UAE fails to mention the English speaking common law jurisdictions in the Abu Dhabi Global Market and the Dubai International Financial Centre free zones.  I have discussed the DIFC courts extensively in this publication and I introduced the Abu Dhabi Global Market legal system in Abu Dhabi Global Market - Yet Another Common Law Enclave in the Gulf on 22 Feb 2016.  It is worth remembering that the DIFC has its own intellectual property legislation which I mentioned in Introduction to, and Overview of, the New DIFC Intellectual Property Law on 13 Dec 2019.  The DIFC courts have always had jurisdiction to hear and determine breach of confidence and passing off and there seems to be no reason in principle why they should not grant injunctions, delivery up of infringing matter and pecuniary relief for infringements of the DIFC Intellectual Property Law.  Having said that, the Law establishes an Intellectual Property Commissioner with extensive powers to resolve IP disputes.

There is a similar English speaking common law jurisdiction at the Qatar Financial Centre known as the  Qatar International Court and Dispute Resolution Centre which I discussed in Qatar Financial Centre: Civil and Commercial Court Regulations on 28 June 2011 and subsequent articles.  The IPO guidance on Qatar does not mention that court or legal system.

Any member of the Bar of England and Wales in good standing can quickly be granted rights of audience in any of those courts.  The procedural law and practice of all three courts are modelled on the English Civil Procedure Rules.  Much of the substantive law is also modelled on British statutes or codifications of English case law. Some of the litigation is conducted online which means that members of the English bar can represent parties from their chambers in London or even their homes elsewhere in the UK. 

Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 or send me a message through my contact page.

The Oman Commercial Arbitration Centre

Mr James Bridgeman SC

 

Jane Lambert

I am delighted to report that my friend and colleague, James Bridgeman SC, will give a talk entitled  "Commencing an International Arbitration under the laws of England & Wales" n the Muscat Hall of the Oman Commercial Arbitration Centre ("OCAC") between 10:30 and 13:30 tomorrow.  James is a member of my chambers and a silk of the Republic of Ireland Bar.   He is also a member of the Bars of England and Wales and Northern Ireland, a past President of the Chartered Institute of Arbitrators and an accredited mediator.  He sits on several dispute resolution panels including the arbitration and domain name dispute resolution panels of the World Intellectual Property Organization. 

Oman is the latest member state of the Gulf Cooperation Council to establish an international dispute resolution centre.  The United Arab Emirates has the Dubai International Financial Centre Courts and the Abu Dhabi Global Markets Courts, Qatar has the Qatar International Court and Dispute Resolution Centre and Bahrain has the Bahrain Chamber for Dispute Resolution.   The OCAC was founded by Royal Decree 26/2018  dated 17 Oct 2018.   The Centre is governed by Regulations issued by the Board of Directors Chairman of the Oman Chamber of Commerce pursuant to art 2 of the Royal Decree. 

The Centre was set up to encourage investment in accordance with Oman's 2040 Vision.  It offers arbitration, mediation and other alternative dispute resolution through its panellists.  Its arbitration and mediation rules are published on its website.  OCAC also trains arbitrators in collaboration with the Chartered Institute of Arbitrators and mediators in collaboration with the Centre for Effective Dispute Resolution ("CEDR").  Photos of its hearing and meeting rooms, hire charges and other costs appear on the OCAC's website.

Anyone wishing to discuss this article may call me during UK office hours or send me a message through my contact form. 

Qatar at the WIPO

Standard YouTube Video


Jane Lambert

Yesterday, I attended the WIPO Conference "As the UDRP turns 20: looking back, looking ahead" on domain name disputes at the Organization's head office in Geneva. Next to our meeting, there was an exhibition about Qatar and some kind of reception.  As I have written quite a lot about Qatar and the Qatar Financial Centre with its own legal system based on English law, in particular, I toured the stands.

Qatar has been in the news a lot lately for good things such as the recent IAAF World Athletics Championships last month and the 2022 FIFA World Cup as well as more troubling things like the ongoing dispute with its neighbours which I mentioned briefly in How will the Blockade of Qatar affect IP Law in the GCC Countries? on 7 June 2017.  An official on one of the stands agreed that the breakdown of regional cooperation was a concern but he points out that it had not stopped Qatar from investing heavily in upgrading its already impressive infrastructure.

I asked specifically about patents and whether Gulf Cooperation Council patents still had force in Qatar and whether the inventions of Qatari inventors were protected in other GCC states.  The official could not answer my question beyond saying that Qatar does not apply for a large number of patents.  The table of European patent applications by country between 2009 and 2018 on the European Patent Office's website suggests that he may well be right. However, he pointed out that his country has robust copyright laws and he handed me a short leaflet entitled "We Protect Your Right" published by the Ministry for Industry and Commerce with some basic information on copyright registration.  I was also handed a copy of a gallery guide to the National Museum of Dohar 

That leaflet on copyright registration appeared to be the only literature in English on intellectual property at the exhibition but there is a statistical country profile on Qatar on the WIPO website.  It would appear from WIPO's country profile that Qatar is party to the Paris, Berne and other international agreements and has comprehensive intellectual property laws.

Anyone wishing to discuss this article or Qatari IP law generally should contact me on +44 (0)20 7404 5252 during British office hours or message me through my contact page,

How will the Blockade of Qatar affect IP Law in the GCC Countries?

Jane Lambert

Severing diplomatic relations, expelling a state's nationals, closing a land border and airspace are steps that fall only a little way short of war. It is remarkable that those steps have been taken by two of the parties to the Gulf Cooperation Council ("the GCC") against a third since the GCC had achieved a high degree of political and economic integration.

One aspect of that integration is the GCC patent which is actually a unitary patent for the member states of the GCC - something that the member states of the European Union have yet to achieve. GCC patents are issued by the GCC Patent Office which I discussed in Patents: Gulf Cooperation Council on 21 Jan 2011. A subtitled video on YouTube explains how the Office works.  According to its website, the GCC Patent Office has granted 5,721 patents as of today. That may not be a huge number when compared to the output of the Chinese, Japanese, US, Korean or European intellectual property offices, but the GCC Patent Office's business would have been expected to grow as all the GCC countries were developing industries and technologies for when the oil runs out.  As the Office is located in Saudi Arabia, it is hard to see how Qatar can continue to participate in it unless the order expelling Qatari nationals from Saudi Arabia is rescinded.

Other types of IP law will be less affected. Trade mark law had been harmonized in the GCC states by a GCC Trade Marks Law but there was no such thing as a GCC trade mark (see Saba Al Sultani and another GCC Trademark Law Coming Soon Sept 2014 WIPO Magazine).  Similarly, there was no GCC system of design registration and no single GCC copyright.

It is to be hoped that the differences between the Qatari government and the governments of its neighbours can be resolved and that the blockade can be lifted soon, but, even if it is, the actions taken by Saudi Arabia, Bahrain and the United Arab Emirates may well have done lasting damage to the GCC. It will not be lost even upon the states that participated in the blockade that the GCC is not a union of states of equal size. Saudi Arabia has a population of 33 million compared to Bahrain's 1.4 million, Kuwait's 4.3 million, Oman's 4.6 million, Qatar's 2.4 million and even the UAE's 5.8 million. The pressure that has been exerted upon Qatar on this occasion could easily be brought to bear on any of the other states in a future dispute.

Consequently, any business exporting to, importing from, investing, or seeking investment in any of the GCC states would be wise to plan for a future that may not include the GCC in its current form. The IP issues that would arise in such a future would be very similar to those that have sprung up in the UK as a result of Brexit. Exporters to, and investors in, any of the GCC states should ensure that their brands, technology and other intellectual assets are protected by national as well as GCC law. Their contracts should take account of the possibility of further blockades and insert effective force majeure provisions. Wherever possible contracts should be construed and enforced in accordance with English law. Where that is not possible, the laws of the Abu Dhabi Global Market, Dubai International Financial Centre or the Qatar Financial Centre which are modelled on English law and enforced by English speaking, common law courts should be considered.

Should any reader wish to discuss this article or IP law in the Gulf in general he or she should call me during British office hours on +44 (0)20 7404 5252 or send me a message through my contact form.

Ambush Marketing and the World Cup 2022

Ambush marketing has been defined as "a marketing strategy that consists in a company hitching a ride on the back of the sponsor of a sports event whose programme of sponsorship is particularly ill conceived and/or poorly executed" (see Jean-Michel Marmayou "Major Sports Events: How to Prevent Ambush Marketing" African Sports Law and Business Bulletin, 1/2013). A good example of ambush marketing was the distribution of clothing by a Dutch brewery in the 2006 and 2010 World Cups ostensibly in the colours of the Dutch national team that just happened to be the same as those of the brewery (see Jon Kelly "How ambush marketing ambushed sport" 17 June 2009 BBC News Magazine). The brewery which had not sponsored the event got free TV advertising in the Netherlands much to the consternation of another brewery that had sponsored the event.

The mischief of ambush marketing, so it is said, is that it discourages sponsorship and thus increases the expense and risk of hosting the event.  At least that is the justification for the draconian legislation proposed by the Scottish government in its Consultation on Draft Glasgow Commonwealth Games (Trading and Advertising) (Scotland) Regulations 2013

"Games sponsors provide a vital source of funding for the Commonwealth Games, without which Scotland would not be able to host the Games."

My answer to that is that if it is true then maybe we should re-think the way sporting competitions are organized and consider less expensive ways of staging them (see my article "Olympics Association Right and London Olympics Association Right" 31 July 2012 NIPClaw in respect of the notorious London Olympic Games and Paralympic Games Act 2006 and the far more strident criticism of Brian Perlanda in
"The Anti-Competitive Olympic Games" 1 July 2012 54 Orange County Lawyer, No 7, 32).

Nevertheless, we are where we are and the host city contract by which the Qatari Local Organizing Committee and each municipality hosting a match will contain clauses that would inhibit ambush marketing. That may well require special legislation in Qatar along the lines of the legislation for the London Olympics and Glasgow Commonwealth Games. In his article "Qatar! 2022!" in Al-Tamini's Law Update for March 2011 Stephen Jiew wrote:

"It remains to be seen whether Qatar will be enacting legislation specific to the FIFA World Cup to combat ambush marketing as did South Africa as hosts in 2010. If past enforcement efforts are anything to go by, the following could be key features of the event organiser’s program in the combat ahead with ambush marketers:

• Charge a special purpose vehicle with the authority to investigate and sue ambush marketers and infringers.

• Embark on an education campaign on the basics of intellectual property and ambush marketing including advertisements in consumer and trade publications targeting the public, retailers, potential sponsors, suppliers, licensees and athlete agents.

• Publicise legal actions filed alleging IP infringements.

• Conduct market surveillance of unlicensed merchandise and infringements.

• Put in place strict regulations at the official venues regulating the rules of entry such that non sponsor merchandise is banned.- See more at: http://www.tamimi.com/en/magazine/law-update/section-7/march-6/qatar-2022.html#sthash.6hBavwwc.dpuf"

The problem of ambush marketing and the response of host governments will be one of the many topics that we shall discuss at a conference on IP and sports that we plan to hold in London early in the new year. Though the immediate emphasis will be on Brazil as it is holding the World Cup next year and the Olympics in 2016 there will be lots to interest Qataris and others from the Gulf and indeed wider Middle East North Africa Area. If anyone wants to be involved in this project give me a ring on +44 (0)20 7404 5252 or contact me through Facebook, Linkedin, twitter or Xing, or fill in my contact page.

The Qatar International Court and Dispute Resolution Centre

The Qatar International Court and Dispute Resolution Centre could be described irreverently as a one stop justice shop. Located in purpose build premises in the Qatar Financial Centre in Doha it houses the Qatar International Court (as the Qatar Financial Centre Civil and Commercial Court is now known) and provides facilities for early neutral evaluation, mediation and arbitration as well as litigation.

The Centre's vision is:

"To develop a world class International Court and Dispute Resolution Centre and provide national and international civil and commercial dispute resolution services within Qatar and the Middle East region that are accessible, modern, expeditious, economical and responsive to the needs of global business markets."

Its facilities include multi-channel video and audio-conferencing equipment that enable parties and their counsel to conduct proceedings from anywhere in the world.  Its court room in Doha is equipped with computers fitted with touch screen panels for the parties and proceedings are displayed on large TV monitors. Facilities for negotiation, mediation and other forms of alternative dispute resolution ("ADR") are provided in the same building. 

I described the court's jurisdiction and organization in my article  "Qatar Financial Centre: Civil and Commercial Court Regulations" which appeared on this blog on 28 June 2011,  Since that article the court has published an introduction to the court and its procedure ("Additional Procedural Information"), Procedural Rules and  an Official Practice Guide.

Art 29.1 of the Regulations provides that "any qualified lawyer who is entitled to appear before the superior courts ......of any ... jurisdiction shall have rights of audience. Since the proceedings are in English and most of the judges cone from the United Kingdom barristers from England and Wales would be well placed to represent parties before that court.   

Just I wrote this article I watched the Qatar team proudly march through the Olympic stadium.  I was delighted to see women among their number and I extend a particularly warm welcome to them. I hope they enjoy their stay in my country and wish them the best of luck in their competitions.  My best wishes to the  representatives of the other countries in the region too.

Should anybody wish to discuss this topic further, he or she can call me on +44 161 850 0080 or fill in my contact form. He or she can also contact me through Facebook, Linkedin, Xing or twitter..

Gulf Co-operation Council Member States - Treaties and Intellectual Property Authorities

Country	Treaties and Conventions	Intellectual Property Office
Bahrain	Berne, Brussels, Madrid Protocol, Paris, Patent Co-operation, Patent Law, Rome, Trademark Law, TRIPS, WIPO Copyright, WIPO Performances and Phonograms	Ministry of Industry and Commerce P.O. Box 5479 Manama Bahrain +973 17530335
Kuwait	TRIPS	Ministry of Trade and Industry Trademarks and Patents Department P.O. Box 2944 Safat 13030 Kuwait +965 22 42 4426
Oman	Berne, Brussels, Budapest, Hague, Madrid Protocol, Nairobi, Paris, Patent Co-operation, Patent Law, Trademark Law, TRIPS, UPOV, WIPO Copyright, WIPO Performances and Phonograms	Ministry of Commerce and Industry P.O. Box 550 Code No. 113 Muscat Oman+968 247 741 26 / 992 226 22
Qatar	Berne, Nairobi, Paris, Patent Co-operation, TRIPS, WIPO Copyright, WIPO Performances and Phonograms	Intellectual Property Center Ministry of Justice P.O. Box 917 Doha Qata +974 448 42 292
Saudi Arabia	Berne, Paris, TRIPS	General Directorate of Industrial Property, King Abdul-Aziz City for Science and Technology (KACST) P.O. Box 6086 Riyadh 11442 +9661 481 4342
United Arab Emirates	Berne, Paris, Patent Co-operation, Rome, TRIPS, WIPO Copyright, WIPO Performances and Phonograms	Directorate of Industrial Property, Ministry of Economy and Commerce P.O. Box 901 Abu Dhabi +971 2 613 1336

Qatar Intellectual Property Law

Last Saturday morning I listened to a report on BBC Radio 4 by Razia Iqbal about the Qatar Philharmonic. This is the first and so far only symphony orchestra in the Gulf and it is developing an enviable reputation.  The great American conductor Lorin Maazel is said to have rated it among the great orchestras of the world.  Certainly they seem to have been very received in London as this YouTube clip from their performance of Marcel Khalife’s Arabian Concerto at the Royal Albert Hall, London, on 8 April 2010.shows.

The Qatar Philharmonic is just one of a number of cultural initiatives in this tiny kingdom. In her programme Iqbal discussed several of the others grouped in the Katara Cultural Village, a complex of museums, theatres, academies and auditoriums just outside Doha.   The cultural village is itself one of a number of other initiatives to transform Qatar's society and economy.   Others include the Qatar Financial Centre, the educational cluster with local campuses of no less than 8 first rate universities including University College London and the Qatar Science and Technology Park.  

These initiatives complement an active foreign policy and, of course, the international broadcasting service, Al-Jazeera which, together, have contributed greatly to political change throughout the Middle East and North Africa. With a land area slightly smaller than that of Yorkshire and less than half that county's population, Qatar punches well above its weight.

The cultural, educational, scientific and technical initiatives discussed above will flourish only with a strong intellectual property base.  Qatar has been a member of the World Trade Organization and hence party to TRIPS since 1 Jan 1996. It is party to the Berne and Paris Conventions though not to Rome but it has signed up to the WIPO Phonograms and Performances Treaty as well as to the WIPO Copyright Treaty. In accordance with TRIPS Qatar has enacted:

• Law No. 7 of 2002 on the Protection of Copyright and Related Rights;
• Law No. 9 of 2002 on Trade Marks, Trade Names, Geographical Indications and Industrial Designs the text of which is available only in Arabic; and
• Decree Law No. 30 for the year 2006 To Issue Patents Law.

Qatar is, of course, party to the Gulf Co-operation Council and enforces patents issued by the the GCC Patent Office in its territories. Patents, copyrights and semiconductor topographies  appear to be the responsibility of the Ministry of Justice while trade marks, designs and geographical indications are the responsibility of the Ministry of Business and Trade.

Should anyone wish to discuss this topic further he or she can call me on +44 161 850 0080 or fill in my contact form. He or she can also contact me through Facebook, Linkedin, Xing or twitter.

News from Qatar

I have just received some interesting news from Qatar in an email from Mr. Brahim Benmin, a legal advisor to the Council of Ministers:

• new anti-counterfeiting legislation which empowers the authorities to impound goods such as compact discs at the borders; and
• a very tempting employment opportunity for a senior intellectual property lawyer at the Qatar Foundation.

I am told that the text of the new anti-counterfeiting law is available only in Arabic. I shall post a link to the text and any translation as soon as I can. Anyone interested in the intellectual property laws of Qatar (which must include candidates for the job with the Qatar Foundation) can find translations of the country's constitution, intellectual property legislation and the treaties to which Qatar is party on Qatar's page of the WIPO website.

The Qatar Foundation for Education, Science and Community Development is established to help transform Qatar from on oil based to a knowledge based economy. I have not yet found any details of the job but you can find information on careers with the Foundation generally and contact numbers and an email to the personnel office on the "Work at Qatar Foundation" page of the Foundation's website. If anyone at the Foundation wants to add any more details of the job or the work of the Qatar Foundation in general I shall be very glad to publish them.

Mr. Benmin has told me that his government is very keen to advise and assist businesses and institutions that wish to invest in or trade with Qatar. I shall be glad to pass on any serious enquiries to him if you contact me on +44 161 850 0080 or complete my contact form.

Qatar Financial Centre Data Protection Regulations

On 1 Aug 2011 I referred to an article by James Mitchell of "Privacy Laws and Business" which claimed that the DIFC Data Protection Law made in 2007 was the first data protection law in any Arab country (see "DIFC Data Protection Law", 1 Aug 2011). It seems that Mr. Mitchell and I may have been wrong because the Qatar Financial Centre Data Protection Regulations were made by Mohamed bin Ahmed bin Jassim Al Thani, Minister of Economy and Commerce of the State of Qatar, as long ago as 17 Oct 2005.

Overview

Like the DIFC Data Protection Law, the QFC Regulations seem to have been influenced by the EU Data Protection Directive (Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data OJ L 281 , 23/11/1995 P 31 - 50) and the British Data Protection Act 1998. Doubtless that is because art 25 (1) of the Directive requires EU member states to

"provide that the transfer to a third country of personal data which are undergoing processing or are intended for processing after transfer may take place only if, without prejudice to compliance with the national provisions adopted pursuant to the other provisions of this Directive, the third country in question ensures an adequate level of protection."

Accordingly, the QFC regulations provide for notification, conditions for legitimate processing, rights of access for data subjects and a range of remedies. The regulations are admirably brief cramming these provisions into 17 pages. They are supplemented by the Data Protection Rules which take up another 12 pages.

Application

These regulations came into force on the 17 Oct 2005 and apply to the Qatar Financial Centre. Art 2 of the Regulations provide that to the fullest extent permitted by the QFC law Qatari the laws concerning the subject matter of the legislation that apply to the rest of Qatar shall not apply to the Centre.

The QFC Authority

The Regulations are administered by the QFC Authority, the body whose powers and constitution were considered in my article on the Qatar Financial Centre of 1 April 2011. Art 19 (2) confers upon the Authority powers to:

(a) access personal data processed by data controllers or data processors;

(b) collect all the information necessary for the performance of its supervisory duties;

(c) prescribe forms to be used for any of the purposes of the Regulations;

(d) issue warnings or admonishments and make recommendations to data controllers; and

(e) bring contraventions of the regulations to the attention of ant tribunal.

The Authority keeps a register of personal data processing pursuant to art 18 of the Regulations. It has power to make rules to implement the Regulations under art 21.

Duty to Keep Records

Data controllers are required by art 17 (1) to establish and maintain a record of all wholly or partly automatic personal data processing operations or set of such operations intended to secure a single purpose or several related purposes. Rule 4.1 of the Rules specify that such records must include:

(a) a description of the personal data processing being carried out;

(b) an explanation of the purpose for the personal data processing;

(c) the data subjects or class of data subjects whose personal data is being processed;

(D) a description of the class of personal data being processed; and

(E) a list of the jurisdictions to which personal data may be transferred by the data controller, along with an indication as to whether the particular jurisdiction has been assessed as having adequate levels of protection for the purposes of the transfer prohibition provisions to be discussed below.

Duty to Notify

Rule 4.2 of the Rules require data holders to "notify the QFC Authority of any of the following Personal Data Processing operations undertaken other than in accordance with a permit issued by the QFC Authority:

(A) any Personal Data Processing operation or set of operations involving the Processing of Sensitive Personal Data; and

(B) any Personal Data Processing operation or set of operations involving the transfer of Personal Data to a Recipient outside of the QFC which is not subject to laws and regulations which ensure an adequate level of protection."

Such notification must include:

"(A) the name of the Data Controller;

(B) the address of the Data Controller;

(C) the name, address, telephone number, fax number and e-mail address of the Person within the Data Controller responsible for making the application for the permit;

(D) the reason for which notification is being provided;

(E) a general description of the Personal Data Processing being carried out;

(F) an explanation of the purpose of the Personal Data Processing;

(G) the Data Subjects or class of Data Subjects whose Personal Data is being processed;

(H) a description of the class of Personal Data being processed; and

(I) a statement of which jurisdictions to which Personal Data will be transferred by the Data Controller, along with an indication as to whether the particular jurisdiction has been assessed as having adequate level of protection for the purposes of Articles 9 and 10 of the Data Protection Regulations."

Data Controllers' Obligations

Art 6 (1) of the Regulations requires data controllers to ensure that the personal data that they process is:

(A) processed fairly, lawfully and securely;

(B) processed for specified, explicit and legitimate purposes in accordance with the data subject’s rights and not further processed in a way incompatible with those purposes or rights;

(C) adequate, relevant and not excessive in relation to the purposes for which it is collected or further processed;

(D) accurate and, where necessary, kept up to date; and

(E) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data was collected or for which they are further processed.

Data controllers are obliged by art 6 (3) to establish and maintain systems and controls that enable the to satisfy themselves that they comply with the above requirements.

Legitimate Processing

The conditions for legitimate data processing are set out in art 7:

(1) the data subject has unambiguously given his consent;

(2) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

(3) Processing is necessary for compliance with any legal obligation to which the data controller is subject;

(4) Processing is necessary in order to protect the vital interests of the data subject;

(5) Processing is necessary for the performance of a task carried out in the interests of the QFC or in the exercise of QFC Authority, Regulatory Authority, Tribunal or Appeals Body functions or powers vested in the data controller or in a third party to whom the personal data is disclosed; or

(6) Processing is necessary for the purposes of the legitimate interests pursued by the data controller or by the third party or parties to whom the personal Data is disclosed, except where such interests are overridden by compelling legitimate interests of the data subject relating to the data subject's particular situation.

Sensitive Personal Data

"Sensitive personal data" is defined as personal data revealing or relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership and health or sex life." Art 8 (1) provides that sensitive personal data shall not be processed unless:

(A) the data subject has given his explicit consent to the processing of that personal data;

(B) Processing is necessary for the purposes of carrying out the obligations and specific rights of the data Controller in the field of employment law;

(C) Processing is necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving his consent;

(D) the Processing is carried out by a foundation, association or any other non-profit-seeking body in the course of its legitimate activities with appropriate guarantees that the processing relates solely to the members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed to a third party without the consent of the data subjects;

(E) the processing relates to personal data which is manifestly made public by the data subject or is necessary for the establishment, exercise or defence of legal claims;

(F) Processing is necessary for compliance with any legal obligation to which the data controller is subject;

(G) Processing is necessary to uphold the legitimate interests of the data controller recognised in the international financial markets, provided that such is pursued in accordance with international financial standards and except where such interests are overridden by compelling legitimate interests of the data subject relating to the data subject's particular situation;

(H) Processing is necessary to comply with auditing, accounting or anti money laundering obligations that apply to a data controller; or

(I) Processing is required for the purposes of preventive medicine, medical diagnosis, the provision of care or treatment or the management of health-care services, and where that Personal Data is processed by a health professional subject under national laws or regulations established by national competent bodies to the obligation of professional secrecy or by another person also subject to an equivalent obligation of secrecy.

However, these conditions do not apply where a data controller obtains a permit to process sensitive personal data from the QFC Authority and applies "adequate safeguards" with respect to the processing of such data (art 8 (2)). Rule 2 of the Rules sets out the procedure for applying for such a permit.

Transfer of Data outside the QFC

Subject to the following exceptions, a data controller may only transfer personal data to a recipient located in a jurisdiction outside the QFC if an adequate level of protection for that personal data is ensured by laws and regulations that are applicable to the recipient (art 9 (1)). The adequacy of the level of protection depends on all the circumstances including but not limited to

(A) the nature of the data;

(B) the purpose and duration of the proposed processing operation or operations;

(C) if the data does not emanate from the QFC, the country of origin and country of final destination of the personal data; and

(D) any relevant laws to which the recipient is subject, including professional rules and security measures (art 9 (2)).

Guidance for assessing such adequacy is provided by rule 3.1 of the Rules.

Alternatively, data may be transferred outside the QFC if any of the following conditions are met:

(A) the QFC Authority has granted a permit for the transfer or the set of transfers and the data controller applies adequate safeguards with respect to the protection of the personal data;

(B) the data subject has given his unambiguous consent to the proposed transfer;

(C) the transfer is necessary for the performance of a contract between the data subject and the data controller or the implementation of pre-contractual measures taken in response to the data subject's request;

(D) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the data controller and a third party;

(E) the transfer is necessary or legally required on grounds important in the interests of the QFC, or for the establishment, exercise or defence of legal claims;

(F) the transfer is necessary in order to protect the vital interests of the data subject;

(G) the transfer is made from a register which according to laws or regulations is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest, to the extent that the conditions laid down in law for consultation are fulfilled in the particular case;

(H) the transfer is necessary for compliance with any legal obligation to which the data controller is subject;

(I) the transfer is necessary to uphold the legitimate interests of the data Controller recognised in the international financial markets, provided that such is pursued in accordance with international financial standards and except where such interests are overridden by legitimate interests of the data subject relating to the Data Subject's particular situation; or

(J) the transfer is necessary to comply with auditing, accounting or anti money laundering obligations that apply to a data controller which is established in the QFC.

The procedure for obtaining a permit is set out in rule 3.2 of the Rules.

Information to Data Subjects

Art 11 (1) of the Regulations requires data controllers to provide the following information to their data subjects as soon as they begin to collect information from them:

(A) the identity of the data controller;

(B) the purposes of the processing for which the personal data are intended; and

(C) any further information in so far as such is necessary, having regard to the specific circumstances in which the personal data are collected, to guarantee fair processing in respect of the data subject, such as:

(i) the recipients or categories of recipients of the personal data;

(ii) whether replies to questions are obligatory or voluntary, as well as the possible consequences of failure to reply;

(iii) the existence of the right of access to and the right to rectify the personal data;

(iv) whether the personal data will be used for direct marketing purposes; and

(v) whether sensitive personal data will be processed and whether it will be transferred outside the QFC.

If they process data that are not collected from the data subject, data controllers should supply the above information to the data subject as soon as they start to record the data together with particulars of the data or categories of data concerned. If the data are to be disclosed to a third party the data controller must supply such information at the time of the disclosure (art 12 (1) of the Regulations).

Processing by Third Parties

Art 13 of the Regulations prohibits the processing of personal data except on the instructions of a data controller unless required to do so by law.

Security of Processing

Data controllers are required by art 14 (1) to" implement appropriate technical and organisational measures" to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all other unlawful forms of processing, in particular where sensitive personal data is processed or data are transferred outside the QFC. Art 14 (2) provides that regard may be had to the cost of implementation and the nature of the data when determining the appropriateness of those measures. Data controllers who contract out their processing should choose data processors providing sufficient guarantees in respect of the technical security measures and organisational measures governing the processing to be carried out, and must ensure compliance with the above measures (art 14 (3)).

Data Subjects' Rights

Art 15 of the Regulations confers on data subjects the right to request at reasonable intervals and without excessive delay or expense:

(1) confirmation as to whether personal data relating to him is being processed and, if so, information at least as to the purposes of the processing, the categories of personal data concerned and the recipients or categories of recipients to whom the personal data is disclosed;

(2) communication to him in an intelligible form of the personal data undergoing processing and of any available information as to its source; and

(3) as appropriate, the rectification, erasure or blocking of personal data the processing of which does not comply with the provisions of the regulations.

Data subjects also have the right under art 16 to:

(A) object at any time on reasonable grounds relating to his particular situation to the processing of personal data relating to him; and

(B) be informed before personal data is disclosed for the first time to third parties or used on their behalf for the purposes of direct marketing, and to be expressly offered the right to object to such disclosures or uses.

Enforcement

A person who believes on reasonable grounds that he has been adversely affected by a contravention of the regulations in respect of the processing of his personal data or as regards the exercise of their rights under the above articles may file a claim with the QFC Authority under art 23 of the Regulations. The process for lodging a claim is set out in rule 5.1 of the Rules and guidance is given in rule 5.2. The QFC Authority may enquire into any claim filed with it. If it believes the claim to be well founded the QFC Authority may direct the data holder:

"(A) to do or refrain from doing any act or thing within such time as may be specified in the direction; or

(B) to refrain from Processing any Personal Data specified in the direction or to refrain from Processing Personal Data for a purpose or in a manner specified in the direction."

Art 22 (2) provides a right of appeal to the tribunal referred to above.

Further Information

Anyone wishing to discuss this article, the QFC data protection law or data protection generally should call me on 0800 862 0055 or fill in my contact form.