Patent Law In Qatar

Having historically had limited laws protecting intellectual property ("IP") rights, Qatar has made progress towards enacting legislation and implementing practices to enable rights holders to protect their IP. New laws with respect to trademarks, copyright, registered designs and patents have been enacted since 2002 and Qatar has acceded to various international treaties regarding IP law. As Qatar seeks to move away from its reliance on oil and gas and diversify as part of its National Vision 2030, further reforms in IP will move it towards a knowledge-based economy.

The Qatari Patent Law (No. 30 of 2006) ("Patent Law") was enacted in 2006 which envisioned a patent office being set up within the Ministry of Economy pursuant to Implementing Regulations. However, to date no Implementing Regulations have been issued and the patent office is not yet functional. Currently, it is not possible to file a patent application in Qatar, although there are reportedly changes occurring which will allow for applications in the near future. This article deals with the law regarding patents in Qatar with regard to the Patent Law.

Qatar is a signatory to several conventions and treaties that govern IP, including the World Trade Organization ("WTO"). The WTO is the umbrella to which most of the other conventions and treaties fall under, such as the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works.

Patent applicants have historically obtained protection in Qatar by filing for patents with the Gulf Cooperation Council ("GCC") Patent Office in Riyadh, Saudi Arabia. The GCC Patent Law operates on the premise that the patents granted by the GCC Patent Office apply to all GCC states with the responsibility of enforcement being with the individual states.

Qatar ratified the GCC Patent Law and Regulations in 1996 giving force of law in Qatar to the system operated by the GCC Patent Office. The legislation does not deal with the enforcement of GCC patents, therefore, there is no clear regime for enforcing patents granted by the GCC Patent Office within Qatar.

Qatar recently acceded to the Patent Convention Treaty ("PCT"), with effect from 3 August 2011. Rights owners with an interest in Qatar may look forward to making use of the international system offered by the PCT in order to obtain protection in Qatar, although...