IP/N/1/BHR/U/1/Add.3  
 
18 September 2014  
(14-5237)  Page: 1/4  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
KINGDOM OF BAHRAIN  
 
Addendum 
 The present document reproduces the text
1 of Law No. (12) for the year 2006 amending some 
provisions of Law No. (7) for the year 2003 pertaining to trade secrets, as notified by Bahrain on 
10 June 2014 under Article 63.2 of the Agreement (see document IP/N/1/BHR/5/Rev.1).  
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
ROYAUME DE BAHREÏN  
Addendum 
 Le présent document contient le texte
1 de la Loi n° 12 de 2006 portant modification de certaines 
dispositions de la Loi n° 7 de 2003 sur les secrets commerciaux, notifiée par Bahreïn le 
10 juin 2014 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/BHR/5/Rev.1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
REINO DE BAHREIN  
Addendum 
 En el presente documento se reproduce el texto
1 de la Ley Nº 12 de 2006 por la que se modifican 
algunas disposiciones de la Ley Nº 7 de 2003 de secretos comerciales, notificada por Bahrein el 
10 de junio de 2014 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/BHR/5/Rev.1). 
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/BHR/U/1/Add.3 
 
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Law Number (12) for the Year 2006  
Amending some Provisions of Law No (7) for the year 2003 
Pertaining to Trade Secrets 
 
 We, Hamad Bin Issa Al Khaleefa, the King of Bahrain, 
 
And after reviewing the Constitution,   After reviewing the Legislative Decree No. (18) for the year 1997 pertaining to regulating the 
profession of Pharmacy and pharmaceutical centers; 
 And Law No. (7) for the year 2003 pertaining to Trade Secrets amended by Law No. (35) for the 
year 2005, 
 The Shura Council and the House of Representatives have approved the following law which we 
hereby ratify and promulgate: 
 IP/N/1/BHR/U/1/Add.3 
 
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  Article (1) 
 Recitals of the last paragraph in Articles (1) and (2) of Law No. (7) for the year 2003 pertaining Trade Secrets, shall be replaced with the hereunder : 
 
Article (1) last clause:   
Within the course of implementing provisions of this law, the information stipulated in the features 
hereinabove are thereto regarded as trade secrets. It shall not be regarded a violation of this herein Law, if the competent administrative authority undertakes measures to disclose such information due to a compelling need to protect the public, or if the said competent authorities 
undertook the necessary measures to guarantee su spension of unfair commercial usage of such 
information.   
Article (2) 
 a) All data or tests submitted to the competent administrative authority that are the result of 
considerable efforts with an aim of obtaining an official approval for marketing pharmacological or 
agrichemical product in which new chemical components are used shall be considered trade secrets.  
b) Pursuant to provisions of Articles 2 
bis to 2 bis (b) of this herein Law, the competent 
administrative bodies shall be obliged not to disclose received data or tests of those mentioned in the previous Paragraph until same become no longer confidential.  
 
 
Article (2) 
 
The phrase: "the Minister competent of the Intellectual Property" shall be replaced with the phrase "The Minister of Trade" stipulated in Articles (5) and (8) of Law Number (7) for the year 2003 pertaining to trade secrets. 
 
 
Article (3) 
 
New articles should be added to Law number (7) for the Year 2003 pertaining Trade Secrets with the Numbers (2
bis) and (2 A bis) and (B bis) that recite as per hereunder:   
 
(A) If any person submitted  to the competent administrative authority for the purpose of obtaining a permission to market  a pharmaceutical product-which encompasses a chemical compound previously permitted to market within another pharmaceutical product – new clinical 
information besides such data related to biological  equipollence, it is not permitted to market a 
similar or identical product by any other person be fore the elapse of three years from the date of 
granting the marketing permit, based on the clinical information previously disclosed by the first 
person, or according to  other evidences pertaining to the marketing permit based on such 
information without the written consent of the first person.    
(B) If any person submitted to the competent admi nistrative authority for the purpose of obtaining 
a permission to market a pharmaceutical product of  the type prescribed in Paragraph (A) of this 
article not submitted by another person in anothe r country in terms of evidences representing new 
clinical information contrary to the information related to biological equipollence, it is prohibited to 
allow marketing by any other person within thr ee years of the date of granting the marketing 
permit in the Kingdom, to market a similar or identical product being marketed in another country according to the said clinical information or any other evidences related to granting a permit to 
market the product in another country based on such information without the written consent of 
the person concerned in the other country.   
(C) For purposes of this Article, the new Pharmaceutical product is that which does not entail a 
chemical component that was permitted to market in the Kingdom by means of use within a pharmaceutical product. The agrichemical product also means the product which does not encompass a chemical agent that was permitted for use in the Kingdom in an agrichemical 
product.  IP/N/1/BHR/U/1/Add.3 
 
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 Article (2) 
bis (A): 
 
A) If any person submitted to the competent administrative authority for purposes of attaining a 
permission to market a new pharmaceutical product, or a new agricultural-chemical product the marketing of which was permitted in another country based on the evidences previously submitted 
by that person pertaining to the safety and the e fficiency of that product, same body shall refrain 
from permitting the marketing of an identical or similar product to another person without the written approval of the first person for a period of  five years as of the date of the permission to 
market the new pharmaceutical product in the Kin gdom of Bahrain,  and ten years as of the date 
of the permission to market the new agricultural-chemical product in the Kingdom.  
 B) If any person submitted to the competent administrative authority with a purpose of attaining a 
permission to market a new pharmaceutical product, or a new agricultural-chemical product the 
marketing of which was permitted in another country based on the evidences previously submitted by that person pertaining to the safety and the e fficiency of that product, same body shall refrain 
from permitting the marketing of an identical or similar product to another person without the 
written approval of the first person for a period of  five years as of the date of the permission to 
market the new pharmaceutical product in the Kingdom of Bahrain,  and for ten years as of the date of the permission to market the new agricultural-chemical product in the Kingdom based on 
previous information submitted in another country pertaining to the safety or efficiency of the 
product or any other evidences related to allowing the marketing of the product in another country without the written consent of the said person in the other country.  
 
(2) 
bis (B) : 
 
a) If any person submitted to the competent administrative authority for purposes of attaining a 
permission to market a new use of an agricultural-chemical product which was previously permitted in the Kingdom, information pertaining to the safety or efficiency of the product, same authority shall refrain from permitting the marketing the new use by another person without the 
written approval of the first person for a period of  ten years as of the date of the permission to 
market the new usage without the written consent of the first person.  
b) If any person submitted to the competent administrative authority, for purposes of attaining a 
permission to market a new use of an agricultural-chemical product which was previously permitted in the Kingdom, information pertaining a new use of  an agricultural-chemical product  
which was permitted in the Kingdom, which was not submitted by any other person in another 
country pertaining to the safety and efficiency of that product, same authority shall refrain from permitting the marketing of an identical or similar product by another person for a period of ten years based on the submitted information on the safety and efficiency of the new use of the 
produce or on other evidences to market the use of that product in another country without the 
written approval of the first person.  
Article (4) 
 Ministers shall, in accordance with the competen cy of each, implement provisions of this law, 
which shall come into force as of the consecutive date of publishing it in the Official Gazette.  
  King of the Kingdom of Bahrain  
Hamad Bin Issa Al Khaleefa,  
 Issued in Refaa Palace 
Date : 1
st  of Jumada al-Awal 1427 A.H 
28th of May 2006 
 
 
 
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