WORLD TRADE
ORGANIZATIONIP/C/W/346
5 June 2002
(02-3101)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Qatar to the questions posed by Australia, Canada, the European Communities and
their member States, Switzerland and the United States
By means of a communication from the Permanent Mission of Qatar, dated 27 May 2002, the
Secretariat has received the following responses to  the questions posed by Australia, Canada, the
European Communities and their member States, Switzerland, and the United States, as circulated in
documents IP/C/W/328, 314, 320, 315 and 215/Add.1, respectively.
_______________
AUSTRALIA
A. PATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3 (b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
The GCC Council is currently studying a law on plant variety protection which once
approved will apply in the territory of the State of Qatar.
CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement) have been implemented.
Preventive measures in the case of trademarks are cited in Article 46 of the law and include
inter alia the seizure of articles.  Concerned persons should file a petition to that effect.  The
competent civil courts may order the confiscation of the seized products and the closure of the
enterprise.  The court shall order the destruction of the counterfeits or imitated marks, etc.
In the case of copyrights and neighbouring rights, Article 47(b) and (c) allows the court to
take any of the above measures as provisional measures if the owners proves that his rights are subject
to imminent infringement.  The Court may, upon application of the holder of the right or any of his
successors or hirers, grant order seizure of the infringing copies or any part thereof.
2. What protection does your Copyright legislation afford to "foreign works"?
Qatar provides foreign works the protection cited in the relevant international conventions.IP/C/W/346
Page 2
THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio–economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
No.
B. C
OPYRIGHTS AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971).
Protection of exclusive rights is provided for in Article 7 of the Law on copyrights, which
states that the owner of the copyright shall have the exclusive right to carry out or to authorise any ofthe following acts:
- reproduction of works;- translation of the work;- making excerpts;  musical arrangement or other transformation of the work;- distribution to the public;
- rental to the public of audiovisual works or computer programs;
- public performance of the work;- communication of the work to the public.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
The protection accorded to authors of computer programs, databases or compilation of data is
for 50 calendar years.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Yes the legislation provides for a rental right for, performers works (Article 40), sound
producers work (Article 41), audiovisual works or computer programs (Article 7).
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.IP/C/W/346
Page 3
The following Articles describe the rights granted to performers, producers of phonograms
and sound recordings:
- Article 40 for performers;
- Article 41 for sound recording;
- Article 42 for rights for broadcasting organizations.
6. Please state whether your legislation provides for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Article 18 lists exceptions to copyrights to certain special cases not conflicting with the
normal exploitation of the work, nor prejudice unreasonably legitimate interests of the right holder.
These relate amongst other to use of the work for personal use, through reproduction, translation..., or
using the work by way of illustration for teaching...
Articles 19, 20, 21, 22, 23, 24, 25, 27 list limited exceptions that are compatible with the
TRIPS Agreement.
7. Please state the terms of protection of ea ch right described above and the work or
subject matter to which it applies.
The protection accorded to authors of computer programs, databases or compilation of data is
for 50 calendar years.
Article 40 provides for a protection of performance rights until the end of the 50th year
following the fixation of the performance in a sound recording or in the absence of such fixation from
the end of the year in which the performance took place.
Articles 41 provides that the term of the protection for producers of sound recordings shall be
until the end of the 50th year following the year of publication or if the sound recording has not been
published, from the fixation of the sound recording until the end of the 50th year, following the year of
fixation.
Article 42 provides that the term of protection for broadcasting organizations shall be for
20 years as from the year following the year in which the broadcast takes place.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPSAgreement) and Article 14.6 of the TRIPS Agreement.
Article 43 of the law incorporates by reference Berne and other conventions to which Qatar is
signatory and Qatar is therefore bound by its provisions.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne
Convention is protected in your legislation.
Article 43 of the law incorporates by reference Berne and other conventions to which Qatar is
signatory and Qatar is therefore bound by its provisions.IP/C/W/346
Page 4
C. TRADEMARKS
10. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Article 6 refers to marks capable of registration:
Names having a distinctive form, signatures, words, letters, numerals, designs pictures,
symbols, stamps, seals, vignettes, three dimensional figures and other sign or combination of colours,
a single non functional colour, a sound, a smell or a combination of signs, of used or intended to be
used to distinguish the products of enterprises in the fields of industry, handicraft, agriculture,
forestry, mining, goods sold or services offered.  The law defines a sign any visible sign capable of
distinguishing the products of one enterprise for a tradesman, a manufacturer or a service offerer.
11. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Services are protectable subject matter in our trademark law.
Signs such as trade names are also protectable as cited in Article 6 of the law.  Sounds and
smells are protected.
12. Please explain what the requirements of use a re, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of aregistration in that respect.
There are no requirements of use as a condition for a trademark.
Continuing the protection is possible by renewal as cited in Article 18.  Duration of
trademarks protection is for 10 years from date of fi ling of application for registration.  Renewal could
be done for consecutive periods of 10 years by mere payment of renewal fees.  This is provided for in
Article 19 of the law.
13. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
Article 18 allows indefinite renewal of protection for the trademark.
14. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
There are no special requirements for use as a condition of registration.
D. G
EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
Yes, the trademark registration authority will refuse a trademark application if it contains a
geographical indication.
16. Please give the definition of a geographical indication in your legislation.IP/C/W/346
Page 5
Article 1 defines a geographical indication as any expression or sign indicating the
geographical name of a country, region, locality or place which serves to designate a product
originating therein the quality, characteristic and reputation of which are due exclusively or partly to
the geographical environment, the natural or human factors of such origin.
17. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
There is link between the indication and the geographical origin.  This is provided in Article 1
and Article 69.
18. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
Wines and spirits with geographical indications are protected.
19. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
The Law on Trademarks does not provide for exceptions under Article 24 of the TRIPS
Agreement.
E. INDUSTRIAL DESIGNS
20. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
Protection in the law extends to all industrial designs that are invented.
Industrial designs including textile designs are protected under Chapter 11 of the Law
Trademarks, Geographical Indications and Industrial Designs (Articles 42, 43, 44, 45).  Protection of
these designs is for 5 years renewable for further two similar periods,
21. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Remedies against importing of articles bearing embodied or copies design are the same as
those for trademarks and are cited in Article 45.  Additionally, Article 52 provides that the court shallorder the destruction of the counterfeit or imitated marks, indications, trade names, or industrial
designs or the products affixed thereto or the products which illegally bear false or illegal indications,
even in the event of acquittal.
22. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Our legislation does not provide for the right to issue a compulsory licence for industrial
designs.
23. Please indicate for what period of time your legislation grants protection for industrial
designs.IP/C/W/346
Page 6
Protection for industrial designs are for a period of 10 years renewable.
F. PATENTS
24. Please describe how your legislation defines the notions of:  novelty, inventiveness and
industrial application.
According to Article 2 of the GCC law an inventi on is new if it is not anticipated by prior art.
It is deemed to involve an inventive step if, having regard to the relevant prior art, it would not have
been obvious to a person having ordinary skill in art.  It shall be considered industrially applicable if it
can be produced or used in any type of industry, agriculture, fishing, or services.  Industry in this
connection should be interpreted in the broadest sense to include handicraft.
25. Please explain whether or not in your legislatio n, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Our law grants patent protection for inventions in all fields of technology including
pharmaceuticals.  The only exceptions (which are TRIPS compatible) are stated in Articles 3 ad 14 of
the GCC law:
- discoveries, scientific theories, mathematical methods, and computer programs;- schemes, rules, and methods for doing business, performing purely mental acts, or
playing games;
- varieties of plants, species of animals, or biological processes used to produce plants
or animals with the exception of microbiological processes and the products thereof.
26. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
Article 2 of the law requires for patentability that the invention not be contrary to the laws of
Islamic Shariya or public order or to morality observed in the Cooperation Council States.
27. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of yourlegislation and explain its formulation.
Article 3-1-4 of the law states that methods of surgical or therapeutic treatment of the human
or animal body and methods of diagnosis applied to the human or animal body with the exception of
products used in any of these methods, shall not be considered inventions.
28. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, Please explain the relevant section of your
legislation and explain its formulation.
Plant varieties are excluded from patentability under Articles 3-1-3 and 3-2.
29. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation.IP/C/W/346
Page 7
They are not protected.  The GCC Council is currently studying a law on plant variety
protection which once approved will apply in the territory of the State of Qatar.
30. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
The patent holder shall be entitled to exploit the invention.  Exploitation according to
Article 12 of the law includes, inter alia, import and offering for sale.  The patent holder shall have
the right to prevent others from inter alia, import and offer for sale of the product without his consent.
31. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the affi rmative, please indicate the legal reference.
Yes, our law provides protection for pharmaceuticals and agricultural products without
discrimination.  Exclusions are stated exhaustively in Article 3.
32. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Article 12 states that if the subject matter relates to process, protection shall extend to the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant le gislation and describe the additional conditions
in detail.
There are no additional conditions other than those mentioned in Article 29 of the TRIPS
Agreement.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Exceptions are listed in Articles 3 and 14.
35. Please explain whether or not your legislation provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Compulsory licences under the GCC regulation may be granted for public interest, and in case
of lack of or insufficient working in the GCC states.  These conditions are listed in Articles 19, 20,
and 21 and are in compliance with the TRIPS Agreement.  The GCC Law requires furthermore the
consensus of all 6 GCC states for compulsory licensing.  In practice however, compulsory licensinghas never been granted by the Patent Office.
36. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  Inthis context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures that the use of a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.IP/C/W/346
Page 8
Article 19 of the law requires that compulsory licensing may be granted at least three years
have elapsed after the grant of the patent, and the applicant proves that he exerted over a reasonable
period of time efforts to obtain licence from the patent owner for an adequate compensation, under
fair terms.  The licence will not be exclusive and will be essentially granted to meet the demands of
the local market.  The patent owner shall be paid adequate compensation.
37. Please state if your legislation grants additi onal protection for innovations after the 20
years of patent protection has lapsed.
Our law does not grant additional protection for innovations after 20 years.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
We are currently studying means of reflecting this requirement in our implementing
legislation.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
A reply will be provided later.
40. Please explain what protection your national legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated inaccordance with Article 36 of the TRIPS Agreement.
A reply will be provided later.
41. Please explain how your legislation provide s for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonablegrounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
A reply will be provided later.
42. Please state the term of protection granted by your legislation to topographies .
A reply will be provided later.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
A reply will be provided later.
44. Please explain how your legislation defines "undisclosed information".
A reply will be provided later.IP/C/W/346
Page 9
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
A reply will be provided later.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
In the case of trademarks, Chapter 12 deals with remedies and sanctions as well as preventive
measures.  Concerned persons may lodge an action before the competent civil court to prohibit acts of
infringement of their rights, as well as lodge action for damages.
In the case of copyrights and neighbouring rights, Chapter X deals with preventive measures
and sanctions.  Specifically, Article 47 provides that the court may upon application of the holder of
the right or any of his successors or hirers, grant injunctions to prohibit the committing of
infringements, order seizure of the infringing copies or any part thereof, seize infringing copies used
in the reproduction, order appropriate indemnification, seize profits attributable to the infringement,
etc.
Preventive measures are also available.
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Our laws provide for a mechanism of appeal to judicial bodies of administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
General legal provisions apply with regard to judges' authority to seek information as well as
with regard to confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
Article 52 provides that the court shall order the destruction of the counterfeit or imitated
marks, indications, trade names, or industrial designs or the products affixed thereto or the productswhich illegally bear false or illegal indications, even in the event of acquittal.  Article 51 allows any
concerned person to lodge an action before the competent civil court to prohibit the continuation of
the infringement and prevent the infringement as well as lodge an action for damages.
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
Article 51 allows any concerned person to lodge an action before the competent civil.court to
prohibit the continuation of the infringement and prevent the infringement as well as lodge an action
for damages.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.IP/C/W/346
Page 10
Article 51 allows any concerned person to lodge an action before the competent civil court to
prohibit the continuation of the infringement and prevent the infringement as well as lodge an action
for damages.  These include expenses.  Additionally Article 52 calls for the publication of the
judgment in one or more newspapers at the expense of the convicted party.
52. Please explain if and how judges have the au thority to order that infringing goods are
placed outside channels of commerce or destroyed.
Article 52 provides that the court shall order the destruction of the counterfeit or imitated
marks, indications, trade names, or industrial designs or the products affixed thereto or the products
which illegally bear false or illegal indications, even in the event of acquittal.
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
Article 51 allows any concerned person to lodge an action before the competent civil court to
prohibit the continuation of the infringement and prevent the infringement as well as lodge an action
for damages.  These include expenses.  Additionally Article 52 calls for the publication of the
judgment in one or more newspapers at the expense of the convicted party.  Also, Article 49 calls fordoubling the penalties provided for under Article 46 and 47 in case of recurrence of the offense.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Article 46 provides for provisional measures following a petition by the right holder.
55. Please identify the competent authorities in  your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
The competent courts.
56. Please indicate whether or not procedures  are available to suspend the exporting of
counterfeit goods.
Courts may order suspension of exporting counterfeit goods.
57. Please indicate whether or not your legislation provides for a de minimis  import
exception.
Our legislation does not provide for de minimis import exceptions.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Criminal actions include imprisonment for a term not exceeding 1 or 2 years and to a fine not
more than 10,000 or 20,000 Riyals depending on the offense.  Penalties may be doubled in the case of
recurrence.IP/C/W/346
Page 11
SWITZERLAND
A. TRADEMARKS
1. Please explain in detail how Qatar protects well-known trademarks and cite the relevant
provisions of law.
Article 8-8 provides for protection of well-known trademarks and service marks, by not
registering marks that are confusingly similar to a mark already filed or registered by a third party for
identical or similar products, services or well-known signs even if they are not filed or registered in
Qatar.
B. INDUSTRIAL DESIGNS
2. Please describe the procedure that must be followed to obtain protection for industrial
designs in your country.  Please cite the relevant provisions of your law.
Industrial designs including textile designs are protected under Chapter 11 of the Law
Trademarks, Geographical Indications and Industrial Designs (Articles 42, 43, 44, 45).  Protection of
these designs is for 5 years renewable for further two similar periods.
Procedures for obtaining protection are same as those for trademarks namely the following:
Registration procedures are provided for under Article 9.  The application for registration
shall be filed with the office on the form prepared for this purpose upon payment of the prescribed
fees.  A single application for registration may be filed for a group of marks upon payment of theprescribed fee.  Notwithstanding the provisions of international or bilateral agreements to which the
State of Qatar is party and where the applicant is not domiciled or does not have a real and effective
domicile in the state of Qatar, he shall file the application for registration through an agent domiciled
in the State of Qatar.  The application shall be accompanied by a certified power of attorney.
Additionally, Article 20 lists the rights of owners of registered marks.  Registration of a mark
shall confer upon its owner the right to prevent thir d parties from using his marks or a sign resembling
it in such a way as to be likely to mislead the public for products or services in respect of which the
mark is registered or for similar products or services.
C. P
ATENTS
3. Does your legislation grant patent protection for inventions relating to products and
processes in all fields of technology?  Are there any exceptions?  If so, please explain what these
exceptions are and how they comply with Article 27 of the TRIPS Agreement.  In particular, is
patent protection granted to all pharmaceutical products?
Yes, our law grant patent protection for inve ntions in all fields of technology including
pharmaceuticals.  The only exceptions (which are TRIPS compatible) are stated in Article 3 of theGCC law:
- discoveries, scientific theories, mathematical methods, and computer programs;- schemes, rules, and methods for doing business, performing purely mental acts, or
playing games;IP/C/W/346
Page 12
- varieties of plants, species of animals, or biological processes used to produce plants
or animals with the exception of microbiological processes and the products thereof.
4. Does your legislation, in accordance with Ar ticle 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore precludecompulsory licensing, if a product is being imported)?
Yes, the importation is considered as working a patent in accordance with Article 12.  It
should be noted that non exploitation or insufficient exploitation is a condition of compulsory licence
according to Article 19.
5. Does your legislation make the granting of  a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevantprovisions of law.
Yes, Articles 19 and 20 of the GCC law enumerates the conditions and are compatible with
Article 31 of the TRIPS Agreement.  The law provides for an additional condition, namely that all
GCC countries consent to the compulsory licensing.
6. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please cite the relevant provisions of law.
A reply will be provided later.
D. P
ROTECTION OF UNDISCLOSED INFORMATION
7. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorisation of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring  to the original data of the first applicant,
when applying subsequently for market auth orisation for a similar product.  Does your
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
A reply will be provided later.
E. ENFORCEMENT
8. Please indicate remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights.
In the case of trademarks, effective deterrents to infringements include imprisonment for a
term not exceeding I or 2 years and to a fine no t more than 10,000 or 20,000 Riyals depending on the
offense.  Penalties may be doubled in the case of r ecurrence.  Similar criminal actions are taken in the
case of copyrights.
9. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.IP/C/W/346
Page 13
Training for personnel on these matters, and computerization are underway. Additionally, the
Ministry of Economy and Commerce uses posters and publications to strengthen the sense of
intellectual property rights.
UNITED STATES
A. GENERAL
1. With respect to each form of intellectual  property covered by Part II of the TRIPS
Agreement, including plant variety protection, please explain the manner in which the laws of
Qatar ensure that nationals of other WTO Me mbers receive national treatment and most-
favoured-nation treatment as required by Articles 3 and 4 of the TRIPS Agreement.  Please citeto the relevant provisions of law.
National treatment and MFN are provided for in Article 2 of the law on trademarks, and
Article 5 and Article 43 the law on Copyrights and Neighbouring rights.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain how Qatar's copyright law protects computer programs, as literary
works and complications of data as required by Article 10 of the TRIPS Agreement and cite to
the relevant provisions of the law.
Article 2 paragraph 10 provides for the protec tion of computer programs as literary works.
3. Article 11 of the TRIPS Agreement requires that in most circumstances rental rights be
provided with respect at least to computer programs and cinematographic works and
Article 14.4 requires that rental rights be provided to producers of phonograms.  Please
describe how Qatar's law on copyright and neighb ouring rights ensures that the required rental
rights are provided and cite to the relevant provisions of law.
Article 7 paragraph 5 provides for rental rights of audiovisual works and computer programs
as exclusive rights of owner.  Additionally Article 41 paragraph 2 gives exclusive rights to the
producers of sound recordings to rental to the public of a copy of the sound recording.
4. Please identify the term of protection availa ble with respect to wo rks and with respect to
each form of neighbouring rights under Qatar's law on copyright and neighbouring rights and
cite to the relevant provisions of law.
Articles 41 provides that the term of the protection for producers of sound recordings shall be
until the end of the 50th year following the year of publication or if the sound recording has not been
published, from the fixation of the sound recording until the end of the 50th year, following the year of
fixation.
Article 40 provides for a protection of performance rights until the end of the 50th year
following the fixation of the performance in a sound recording or in the absence of such fixation from
the end of the year in which the performance took place.
Article 42 provides that the term of protection for broadcasting organizations shall be for
20 years as from the year following the year in which the broadcast takes place.IP/C/W/346
Page 14
5. Article 13 of the TRIPS Agreement obliges WTO Members to confine any limitations or
exceptions to copyrights to certain special cases th at do not conflict with the normal exploitation
of the work and do not unreasonably prejudice the legitimate interests of the right holder.
Please describe any and all limitations and exceptions to copyrights provided under Qatar's law
on copyrights and neighbouring rights and cite to  the relevant provision of law.  Please indicate
how Qatar ensures that those limitations and exceptions do not conflict with the normal
exploitation of works and do not unreasonably prejudice the legitimate interests of the right
holder.
Article 18 lists exceptions to copyrights to certain special cases not conflicting with the
normal exploitation of the work, nor prejudice unreasonably legitimate interests of the right holder.
These relate amongst other to use of the work for personal use, through reproduction, translation, or
using the work by way of illustration for teaching.
Articles 19, 20, 21, 22, 23, 24, 25, 27 list limited exceptions that are compatible with the
TRIPS Agreement.
6. Please describe in detail the rights provided under Qatar's law on copyright and
neighbouring rights to performers, broadcasters and producers of phonograms and cite to the
relevant provisions of law.
Articles 40, 41, 42 provide for the rights of performers, broadcasters, producers of
phonograms.
7. Article 18 of the Berne Convention, as incorporated into the TRIPS Agreement by
Article 9.1 of the TRIPS Agreement requires that copyright be restored for works that are still
protected under copyright in their country of origin and have not had a full term or protection
in Qatar.  Please describe in detail how Qatar has implemented this obligation and cite to the
relevant provisions of law.
Since Qatar is signatory to the Berne Convention and therefore is bound by its provisions.
Article 43 of the law incorporates by reference Berne and other conventions to which Qatar is
signatory.
8. Article 14.6 of the TRIPS Agreement requires that protection be restored for
phonograms that are still under protection of copyright or neighbouring rights law in their
country of origin and that have not had a full term of protection in Qatar.  Please describe indetail how Qatar has implemented this obligation and cite to the relevant provisions of law.
Articles 41 provides that the term of the protection for producers of sound recordings shall be
until the end of the 50th year following the year of publication or if the sound recording has not been
published, from the fixation of the sound recording until the end of the 50th year, following the year
of fixation.
C. T
RADEMARKS
9. Please describe in detail the subject-matter that can comprise a trademark under
Qatar's trademark law and cite to the relevant provisions of law.
The following are deemed to be marks capable of registration:
Names having a distinctive form, signatures, words, letters, numerals, designs pictures,
symbols, stamps, seals, vignettes, three dimensional figures and other sign or combination of colours,IP/C/W/346
Page 15
a single non functional colour, a sound, a smell or a combination of signs, of used or intended to be
used to distinguish the products of enterprises in the fields of industry, handicraft, agriculture,
forestry, mining, goods sold or services offered.
10. Please describe in detail the procedure that must be followed to register a trademark in
Qatar, citing the relevant provisions of the tr ademark law and describe the rights that the
owner of a registered mark acquires with registration.
Registration procedures are provided for under Article 9.  The application for registration
shall be filed with the office on the form prepared for this purpose upon payment of the prescribed
fees.  A single application for registration may be filed for a group of marks upon payment of the
prescribed fee.  Notwithstanding the provisions of international or bilateral agreements to which the
State of Qatar is party and where the applicant is not domiciled or does not have a real and effectivedomicile in the state of Qatar, he shall file the application for registration through an agent domiciled
in the State of Qatar.  The application shall be accompanied by a certified power of attorney.
Additionally, Article 20 lists the rights of owners of registered marks.  Registration of a mark
shall confer upon its owner the right to prevent thir d parties from using his marks or a sign resembling
it in such a way as to be likely to mislead the public for products or services in respect of which the
mark is registered or for similar products or services.
11. Please explain in detail how Qatar's trademark and other laws provide for the
protection of well-known trademarks and service marks, citing the relevant provisions of law.
Article 8-8 provides for protection of well-known trademarks and service marks, by not
registering marks that are confusingly similar to a mark already filed or registered by a third party for
identical or similar products, services or well-known signs even if they are not filed or registered in
Qatar.
12. Please describe in detail any limitations or  special requirements that apply to trademark
rights under Qatar's laws and indicate how those limitations take account of the legitimate
interests of the owner of the trademark and of third parties.
Limitations on registrations are cited as exceptions to registering a trademark in Article 8.  In
case there are objections, Article 15 allows any party to state reasons for oppositions within 4 months
from publication date.
13. Please indicate the length of  the initial term of protection for a registered trademark
under Qatar's trademark law and describe the conditions for renewing the registration and the
period of the renewal.  Please cite to the relevant provisions of Qatar's law.
Duration of trademarks protection is for 10 years from date of filing of application for
registration.  Renewal could be done for consecutive periods of 10 years by mere payment of renewalfees.  This is provided for in Article 19 of the law.
D. G
EOGRAPHICAL INDICATIONS
14. Please describe in detail how and under what laws geographical indications are
protected in Qatar and cite to the relevant provisions of law.
Geographical indications are protected under the law on Trademarks, Geographical
Indications and Industrial Designs, specifically under Chapter 11 of that law (Articles 38, 39, 40, 41).IP/C/W/346
Page 16
15. Does the law of Qatar regarding geograph ical indications provide for any of the
exceptions to protection of geographical indica tions contained in Article 24 of the TRIPS
Agreement, and, if so, please describe the way in  which the exception is applied and cite to the
relevant provisions of law.
No.
E. INDUSTRIAL DESIGNS
16. Please describe in detail the way in which industrial designs, including textile designs,
are protected under Qatar's laws and cite to the relevant provisions of law.
Industrial designs including textile designs are protected under Chapter 11 of the Law
Trademarks, Geographical Indications and Industrial Designs (Articles 42, 43, 44, 45).  Protection of
these designs is for 5 years renewable for further two similar periods.
F. PATENTS
Qatar is bound by the provisions of the Patent Regulation of the GCC of 1992 which has been
approved by the Supreme Council of the Cooperation Council for the Arab States of the Gulf and
reviewed by the WIPO in 1999 to reflect the TRIPS requirements.  The Patent Office shall have the
power to issue patents that are directly effective in all 6 member states.
17. Please explain whether or not inventions within the categories specified below are
eligible to be patented under Qatar's patent law if they are otherwise novel, involve an inventive
step, and are industrially applicable:
(a) process inventions which, in whole or in part, consist of steps that are performed by a
computer and are directed by a computer program;
(b) product inventions consisting of elements of a computer-implemented invention
including:
(i) machine-readable computer program code stored on a tangible medium such
as a floppy disk, computer hard drive or computer memory;  or
(ii) a general purpose computer whose novelty over the prior art arises primarily
due to its combination with a specific computer program;
(c) process inventions that facilitate the conduct of business;
(d) and a micro-organism.
Under Paragraph 1 of Article 27 of the TRIPS Agreement WTO Members are obliged to
make patents available for inventions only.  In accordance with Article 3-1 of the Patent regulation ofthe GCC, all forms of computer programs shall not be regarded as inventions and are therefore not
patentable subject matter.
With regard to paragraphs (a), (b), (c) and (d) of question 17, a general system computer is
protected as an invention if it meets the requireme nts of Article 2-1 of the GCC Regulation.  Process
inventions which, in whole or in part, consist of steps that are performed by a computer and are
directed by a computer program could be patentable if the computer program is not its main feature.
No computer equipment can acquire novelty from the mere combination with an intangible elementIP/C/W/346
Page 17
such as software, unless it has acquired new tangible features in order to allow for such a
combination.  In that case, novelty resides in the equipment itself not in the software. Besides, the
combination must not be obvious.
Process inventions are patentable subject matter regardless of their purpose.  However, mere
methods for doing business, regardless of whether they are conducted in the digital environment on in
a traditional market are not inventions under Article 3-2 of the GCC regulation.
Micro-organisms are patentable under Article 3-3 of the GCC regulation.
18. Please identify any exceptions to the rights conferred by a patent in Qatar and indicate
the manner in which the law of Qatar ensures that such excepti ons do not unreasonably conflict
with a normal exploitation of the patent and do not unreasonably prejudice the legitimate
interests of the patent owner, taking account of the legitimate interests of third parties.
The GCC regulation only knows one exception to patent rights conferred:  the rights under the
patent shall not cover acts carried particularly for scientific research purposes or the use of patent
articles on means of transportation temporarily or accidentally entering the territories of the CouncilStates whether such articles were used in the body, apparatus, devices, equipment, or any other
accessories of the said means, provided use of such articles is limited to their necessities (Article 13).
These exceptions are in full compliance with the TRIPS Agreement.
19. Please describe any provisions for compulsory licensing of patents in Qatar's law and
explain how Qatar ensures that each of the condi tions in Article 31 of the TRIPS Agreement is
met in relation to any compulsory licences.  Please cite to the relevant provisions of law.
Compulsory licences under the GCC regulation may be granted for public interest, and in case
of lack of or insufficient working in the GCC stat es.  The first ground is in conformity with the TRIPS
Agreement, which establishes that intellectual property rights are private rights (paragraph 4 of thepreamble) but they are subject to public policy objections (paragraph 5 of the preamble) as well as to
the public interest (Article 8-1).  The requirement to work the patented invention in the GCC states is
in conformity with Article 5-A(2) of the Paris Convention and is in line with the legislative practice of
several WTO members.  The compulsory licensing of dependent patents is in conformity with
Article 31(L) of the TRIPS Agreement.  The conditions and the procedure for the grant of compulsory
licences - which include the payment of a fair compensation (Article 11 and 18 of the GCC
regulation) and are non-exclusive (Article 17.2 of the GCC regulation) are described in Articles 11,12, 14, 18 through 20).  It should be added that for a compulsory licence to be issued, all six GCC
countries must give their consent thereto, which constitutes an additional guarantee against any abuse
in the compulsory licence by a member country.
20. Please indicate the number of compulsory licences issued under Qatar's patent law in
each of the last five years.
Qatar has never granted compulsory licences of any kind.
21. Article 33 of the TRIPS Agreement requires that patents have a term of protection that
does not end before a period of twenty years measured from the date of filing.  Please describethe term of protection for patents available under Qatar's patent law and indicate if there is any
variation in that term, based upon the area of technology to which the patent relates.  If so,
please indicate what the variations are and for what technologies and describe Qatar's plans to
bring its law into compliance with Article 27. 1, which prohibits discrimination in the enjoyment
of patent rights based on the field of technology.IP/C/W/346
Page 18
Under Article 15 of the GCC regulation, a patent shall be valid for a total of 20 years without
discrimination as to field of technology.
22. Please verify that the terms of all patents in existence in Qatar on 1 January 2002, will
not end before the expiration a period of twenty years measured from the date of filing.
There were no patents in Qatar before 1 January 2002.
23. Please describe in detail the manner in which plant varieties are protected under
Qatar's laws and cite to the relevant provisions.
The GCC law does not currently protect plant varieties, however Qatar is looking into sui
generis form of regulation for plant varieties.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS .
24. Please describe how Qatar implements the obligations of Section 6, Part 11 of the TRIPS
Agreement and cite to the relevant provisions of law.
A reply will be provided later.
H. UNDISCLOSED INFORMATION .
25. Paragraph 2 of Article 39 of the TRIPS Agreement requires Members to provide
protection for all undisclosed information, including technical know-how and commercial
information, which meets certain criteria. This protection must endure as long as the conditions
identified in paragraph 2 of Article 39 are met and protection cannot be conditioned onregistration.  Please explain how Qatar fulfils this obligation and cite to the relevant provisions
of law.
A reply will be provided later.
26. What measures, as required by Article 42 of the TRIPS Agreement, are taken by
judicial authorities in Qatar to protect the confidentiality of undisclosed information furnished
by a party during legal proceedings to enforce righ ts in such information, or for other purposes.
A reply will be provided later.
27. Paragraph 3 of Article 39 of the TRIPS Agreement requires that Members protect
certain test data associated with requests to obtain approval to market pharmaceutical and
agricultural chemical products from disclosure and from "unfair commercial use".  Pleasedescribe in detail how Qatar implements this obligation, and in particular, please explain
procedures if any that the Ministry of Health and Population and the Ministry of Agriculture
have implemented to give practical effect to this obligation.
A reply will be provided later.
I. E
NFORCEMENT
28. Please describe in detail what civil actions and what civil remedies are available under
Qatar's laws to right holders of each kind of intellectual property covered by Part II of the
TRIPS Agreement, including plant variety protectio n, that permit effective action against anyIP/C/W/346
Page 19
act of infringement to prevent infringement and deter further infringement, and cite to the
provisions of law providing for those remedies.
In the case of trademarks, Chapter 12 deals with remedies and sanctions as well as preventive
measures.  Concerned persons may lodge an action before the competent civil court to prohibit acts of
infringement of their rights, as well as lodge action for damages.
In the case of copyrights and neighbouring rights, Chapter X deals with preventive measures
and sanctions.  Specifically, Article 47 provides that the court, may upon application of the holder of
the right or any of his successors or hirers, grant injunctions to prohibit the committing of
infringements, order seizure of the infringing copies or any part thereof, seize infringing copies used
in the reproduction, order appropriate indemnification, seize profits attributable to the infringement,
etc.
29. Please state whether decisions on the merit in  court proceedings are provided in writing
and if those written opinions are available to the public so that people can become familiar with
the law.
Decisions of the courts are published in one or more newspapers.
30. Please describe what civil provisional measures are available to right holders under
Qatar's laws, describe the procedures that must be followed and cite the relevant provisions of
law.
Preventive measures in the case of trademarks are cited in Article 46 of the law and include
inter alia the seizure of articles.  Concerned persons should file a petition to that effect.
In the case of copyrights and neighbouring rights, Article 47(b) and (c) allows the court to
take any of the above measures as provisional measures if the owners proves that his rights are subject
to imminent infringement.
31. Please describe in detail the procedures under Qatar's laws, at least with respect to
counterfeit trademarked goods and pirated copyrighted works, that allow right holders to
request customs authorities not to release goods into free circulation and cite to the relevant
provisions of law.  Please indicate if the customs authorities have ex officio authority to take
such action.
In the case of trademarks, the competent civil courts may order the confiscation of the seized
products and the closure of the enterprise.  The court shall order the destruction of the counterfeits or
imitated marks etc.
In the case of copyrights and neighbouring rights, the Court may, upon application of the
holder of the right or any of his successors or hirers, grant order seizure of the infringing copies or anypart thereof.
32. Please indicate whether border enforcement is available with regard to other forms of
intellectual property rights and cite to the relevant provisions of law.
Border enforcement is available for other forms of intellectual property rights.
33. Please describe in detail how Qatar implements the remaining provisions of Section 4 of
Part III of the TRIPS Agreement, citing to the relevant provisions of law.IP/C/W/346
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The officers appointed by an order from the minister shall have the status of juridical police
for the application of the law on trademarks.
In the case of copyrights and neighbouring rights, the staff of the Office for the protection of
copyrights who are mandated by the Minister shall have the capacity of legal officers for controllingand certifying offenses committed in violation of the provisions of that law.
34. Please describe in detail the criminal actions and remedies that are available under
Qatar's laws with respect to counterfeit trademarked goods and pirated copyrighted works and
cite to the relevant provisions of law.
In the case of trademark, criminal actions include imprisonment for a term not exceeding 1 or
2 years and to a fine not more than 10,000 or 20,000 Riyals depending on the offense.  Penalties maybe doubled in the case of recurrence.
In the case of copyrights and neighbouring rights, imprisonment between 6 months and 1 year
and/or fines between 30,000 and 100,000 Riyals.
35. Please indicate the authorities responsible for criminal actions involving intellectual
property rights and indicate whether their authority extends to other forms of intellectual
property rights.
Criminal courts are responsible to all criminal offenses, including all forms of intellectual
property infringement.
36. Please explain whether and under what circumstances seizure, forfeiture and
destruction of infringing goods and any materials and implements are available as remedies in
wilful trademark counterfeiting or copyright piracy cases and describe the conditions under
which such penalties would be imposed.
Circumstances necessitating seizure, forfeiture, and destruction of infringing trademarks are
cited in Article 47, 48, 49 of the law on trademarks and include generally infringements of intellectual
property rights.
In the case of copyrights and neighbouring rights, circumstances necessitating seizure,
forfeiture, and destruction of infringing copyright piracy are cited in Articles 48, 49, 50 of the law on
copyrights and neighbouring rights and include generally infringements of intellectual property rights.
37. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for each of the years 1998 and 1999, including the number of cases filed;
injunctions issued;  infringing products seized ;  infringing equipment seized;  cases resolved
(including settlement);  and the amount of damages awarded.
Not available.
38. Please provide statistical information related  to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the years 1998 and 1999, including the
number of raids, prosecutions, convictions, and th e amount of fines and/or jail terms (including
whether the fines were paid a nd whether the jail term was ac tually served of was actually
served or was suspended) and any other inform ation establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.IP/C/W/346
Page 21
Not available.
39. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in Qatar, particularly initiatives related to criminal enforcement.
Training for personnel on these matters, and computerization are underway.  Additionally, the
Ministry of Economy and Commerce uses posters and publications to strengthen the sense of
intellectual property rights.
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