Enforcing Intellectual Property Rights In Bahrain

Is it possible to take effective enforcement action in Bahrain?

In short, the answer is yes, although things are not always as straightforward as they appear.

Historically, the only two options for brand owners seeking to enforce their trade mark rights in Bahrain were criminal and civil. However, in more recent years some administrative procedures have become available which in some clear-cut cases can provide a more straightforward and cost effective solution for intellectual property rights owners.

The majority of enforcement actions in Bahrain are claims for trade mark infringement under either the Bahrain Trade Mark Law (Law No. 11 of 2006) or the GCC Common Customs Law. As is the case throughout the Middle East and North Africa (MENA) region, it is important to obtain trade mark registrations before commencing an enforcement action in Bahrain.

Brand owners have four main options to consider when looking at bringing an enforcement action in Bahrain:

1. Administrative complaints

   Administrative complaints in Bahrain are filed with the Industrial Property Inspection Department at the Ministry of Trade and Industry (MOTI).

   The complaint will need to be accompanied by:

   copy trade mark certificates showing that the brand owner holds registrations in Bahrain for the marks which are being infringed; a legalised Power of Attorney authorising the brand owner's local agent in Bahrain to act on its behalf; evidence of infringing acts (eg a sample of the infringing product and a sales receipt); and a document setting out a comparison between the genuine and infringing products (together with genuine and infringing samples). If the MOTI accepts the complaint, then a MOTI inspector will visit the infringer's premises and issue a violation notice if any infringing goods are identified.

   This notice will state that the infringing acts must cease and that all infringing goods must immediately be removed from sale.

   In the event that the infringer fails to comply with the violation notice, then the MOTI can refer the matter to the Public Prosecutor to issue criminal proceedings against the infringer.

2. Criminal complaints

   If large quantities of infringing goods have been identified by a brand owner, then it may be more appropriate to bring a criminal complaint. A criminal complaint may be filed directly with the Public Prosecutor, who will then investigate the matter and decide whether or not to prosecute the infringer.

   Alternatively, if the brand owner has...