IP/N/1/BHR/G/1/Add.1  
 
18 September 2014  
(14-5227)  Page: 1/6  
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. (16) for the year 2004 on the Protection of 
Geographical Indications, 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° 16 de 2004 sur la protection des indications 
géographiques, 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 16 de 2004 sobre la protección de 
las indicaciones geográficas, notificada por Bahrein el 10 de junio de 2014 en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 del Ac uerdo (véase el documento IP/N/1/BHR/5/Rev.1). 
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/BHR/G/1/Add.1 
 
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Law No. (16) for the year 2004 
on the  
Protection of Geographical Indications 
 
 We, Hamad Bin Isa Al Khalifa, King of the Kingdom of Bahrain  
 
Having reviewed the constitution,  The Civil and Commercial Proceedings Law enacte d by the legislative decree No. (12) for the 
year 1971 and its amendments; 
 The Trade Law enacted by the legislative decree  No. (7) for the year 1987 and its amendments 
 
The Trademark Law enacted by the legislative decree No. (10) for the year 1991;   
Legislative decree No. (7) for the year 1994, rati fying the document of the establishment of the 
World Trade Organization;  Legislative decree No. (31) for the year 1996 approving the Kingdom's accession to the Paris 
Convention for the Protection of Industrial Property; 
 Legislative decree No. (1) for the year 1987 on some provisions pertaining the sale and lease of 
commercial stores; 
 The Civil Law enacted by the legislative law No. (19) for the year 2001; 
 
The Criminal Procedures Law enacted by the legislative decree No. (46) for the year 2002;  Decree No. (1) for the year 1995 on the Kingdom's a ccession to the Convention of the Creation of 
the Word Intellectual Property Organization (WIPO); 
 The Shura Council and the House of Representatives have approved the following law which we 
have endorsed and enacted: 
  IP/N/1/BHR/G/1/Add.1 
 
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Article (1) 
 
On the strength of the law provisions herein stipulated, geographical indications shall mean any 
sign prescribing the origin of a given product on  the territory of a member-state of the World 
Trade Organization (WTO), or a state which enjoys reciprocated treatment with the Kingdom of Bahrain, or any other location, region, or territory wherein the product quality, good will or other 
characteristic is essentially attributed to the referred to geographical origin.  
  
Article (2) 
 
Any natural or legal person is prohibited from undertaking the following:  
1.The use of any instrument in the designation or display of any product that suggests a 
geographical origin contrary to the original country of origin in misleading manner to the public with regard to the  origin. 
 
2.The use of a geographical indication that constitutes unfair competition that is contrary to honest practices of industrial endeavors.  
 
To this effect, the use of a geographical indication in a manner that leads to public delusion with 
regard to the authentic origin of the product, even if the indication was literally correct in respect of the country, region, or territory where a product was manufactured.  
 
 
Article (3) 
 
The geographical indications, pursuant to this law, shall enjoy due protection prescribed in this law provided such indications are protected in the country of origin.  
 
Article (4) 
 
All geographical indications of identical names shall enjoy protection under this law, provided equal 
and just treatment is rendered to the producers th ereof, and they are not lead to public delusion. 
As such, the protection is rendered as per the rules and regulations included in a decision by the 
Minister of Trade to distinguish such indications.  
  
Article (5) 
 
The administrative authority concerned at the Ministry of Trade shall set up a register called "Geographical Indications Register" in which it shall record, after paying the required fees, the 
registration applications presented by concerned entities, the decisions pertaining thereto and all 
acts affected thereon, its amendments all of which pursuant to the regulations and methodology prescribed in the decision to be issued by the Trade Minister. 
 
 
Article (6) 
 
Without detriment to provisions of the international agreements enacted in the Kingdom of 
Bahrain, the provisions stipulated in Trademarks Law shall apply to geographical indications pertaining the registration procedures, examination,   decided by grounded decision, opposition all 
of which not to prejudice provisions of this law. 
  
Article (7) 
 
Any person may request to view the geographical indications register and to obtain copies, photographs, or data thereof, as per the rules an d procedures prescribed in the decision to be 
issued by the Trade Minister, and after payment of all due fees.  IP/N/1/BHR/G/1/Add.1 
 
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Article (8) 
 
A decision shall be issued by the Minister of Trad e after the approval of the Cabinet to stipulate the 
categories of fees prescribed in this law and the rules, rates of increase and decrease and exemption thereof. 
 
 
Article (9) 
 
The following do not constitute a violation to the Law: 
  
a)  Third party use of a geographical indication that was previously bona fide used before 
granting protection to the indication in the country of origin. 
 
b)  The use of a geographical indication, in any way, if it was identical to a familiar 
description of a circulated name of a product or service in the Kingdom of Bahrain. 
 
c)  The use by a person to his name or that of a predecessor in a commercial activity 
which does not confuse the public.  
 
d)  The use of a geographical indication that is not protected, which protection in the 
country of origin expired, or no longer in use in that country. 
 
e)  To register an identical or similar mark to a geographical indication, or which has 
rights thereof ensuing from use, all of which in bona fide, before prior to enforcing 
provisions of the herein law, or prior to granting the  geographical indication  
protection in the country of origin. 
 f) Accepting the registration of an identical or similar mark to a geographical indication 
after implementing provisions of this law, if the application for registration was 
submitted in bona fide effecting this law provisions, and prior to and before granting protection to the geographical indication in the country of origin. 
 
 
Article (10) 
 
The employees appointed by the Minister to verify the application of the provisions of this law and the decisions issued for the implementation thereof shall have access to relevant stores.  
The employees authorized by the Minister of Justic e in agreement with the Minister of Trade shall 
have the capacity of Judicial Control Commissioners concerning the offenses taking place within their own jurisdiction and that pertain to their functions.  The written minutes concerning these 
offenses shall be transferred to the Attorney Gene ral by virtue of a decision by the Minister of 
Trade or the one he delegates for this purpose.  
 
Article (11)  
 Any concerned person may appeal to the Minister any final decision issued in accordance with the 
provisions of this law within thirty days of the date of being informed of the decision.  The appeal 
shall be decided by a grounded decision and the concerned person shall be informed in writing within thirty days of the date of his appeal.  
 
The petitioner may appeal the rejection decision before the competent Court within sixty days of 
being informed of the rejection of his appeal.  
 
A decision may not be appealed before a grievance thereto submitted regarding the decision, and a decision rejecting the appeal is made, or the Minister does not reply to the appeal within the 
prescribed period. 
 IP/N/1/BHR/G/1/Add.1 
 
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  Article (12) 
 
A. In the case of a violation prescribed hereinab ove in Article (2) of this law or to prevent 
threats, any interested person  may request an order in a petition from the chief of the court 
competent with the dispute source to take one preventive measure or more as appropriate 
including the following: 
 
1. Make a detailed description of the goods –including the imported ones upon 
importation thereof-, materials, machinery and equipment used or that have been used in the violation act and keeping the pertinent evidence.  
2. Effecting precautious seizure on the items mentioned hereinabove paragraph.  
 3. Stoppage of the violation.  
 
B. The petition shall be accompanied with an offi cial certificate provin g registration of the 
geographical indication in the Kingdom of Bahrain, and that the said violation occurred or 
that the indication is subject or vulnerable to violation.  The chief of the court may request 
the applicant to submit necessary information to help the competent authority to carry out the precautious measure in identifying the products, materials, machinery or tools in question. 
 
C. The chief of the court, when necessary, may issue the aforementioned order on an urgent 
basis –without summoning the other party- should there be a likelihood that any delay in 
issuing the order would lead to an inescapable damage on the part of the adjudicator or that 
it would lead to the destruction of the evidence- provided that the adjudicated party shall be informed of the decision upon issuance thereof. 
 
The issued order for taking any of the aforementioned measures may include delegating one expert or more to assist the execution of the order or impose the deposit of the adjudicator 
of a banking or monetary guarantee appropriate to compensate for any damage that may 
unlawfully result out of this measure.  The ad judicated may appeal the decision before the 
competent authority within the ten days following the issuance of the decision or from the date of notifying him, as applicable, in the case of which the court may support the decision 
or abrogate it wholly or partially. 
 The lawsuit concerning the dispute source shall be raised within fifteen days as of the date of 
issuance of the order or otherwise the effects of the taken measure shall be rendered void 
and null. 
  
ARTICLE (13) 
 
Without detriment to any severe punishment pres cribed by another law, he shall be punished 
with imprisonment of no less than three months and no more than a year or with a fine of no 
less than five hundred Dinars and no more than two thousand Dinars or with both penalties the person who violates the terms stated here inabove in Article (2) of this law, if the 
geographical indication was registered in the Kingdom of Bahrain.  
 In the case of repetition of the offense, th e imprisonment term shall be no less than six 
months and no more than two years, and the fine no less than one thousand Dinars and no 
more than four thousand Dinars or with both penalties with the closure of the commercial 
store or project or stopping of the activity –as applicable- for a period of no less than fifteen 
days and no more than six months.  The ruling thereof shall be published one time or more in 
a daily newspaper at the expense of the adjudicated. 
 The court may, when a conviction ruling is issued, order to confiscate or destroy the things 
accruing from the offense including the goods imported from abroad upon importation along 
with the tools and equipment used for that purpose. 
 IP/N/1/BHR/G/1/Add.1 
 
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  It may, when ruling acquaintance, order to confiscate or destroy the things mentioned 
hereinabove should it have resulted in injuries or have been used to infringe the patented rights. 
 
 
Article (14) 
 
Provisions of this law do not violate any additional protection or better established privileges in 
another legislation or agreement enacted in the Kingdom of Bahrain.   
  
Article (15) 
 
The Minister of Trade shall issue, within six months as of the date of publishing it in the Official 
Gazette, the necessary decisions to implement provisions of this law. 
  
Article (16) 
 
The Ministers, each in his own capacity, shall implement this law, which shall come into effect as of the next day following the publication thereof in the Official Gazette. 
 
  
 
  
The King of the Kingdom of Bahrain  
Hamad Bin Isa Al Khalifa,   
  Issued in Al-Rifa' Palace 
 On 28
th Jumada Al-Akhir 1425 A.H 
 August 14th, 2004  
 
 
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