RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/YEM/7/Rev.1 
23 May 2006 
 (06-2479) 
Working Party on the  
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Implementation of the WTO Agreement  
on Trade-Related Aspects of Intellectual Property Rights (TRIPS)  
 
Revision  
 
 The following submission, dated 12 May 2006, is  being circulated at the request of the 
Delegation of the Republic of Yemen. 
 
_______________ 
 
 WT/ACC/YEM/7/Rev.1 
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General Obligations IP Agreements to which the country adheres 
Compliance with Articles 1 through 12 and Article 19 
of the Paris Convention for the Protection of Industrial Property in respect of Parts II, III, and IV of the 
TRIPS Agreement. TRIPS Article 2. - Yemen has been a member of the WIPO since 
1979. Yemen, currently, is not a signatory to any of the intellectual property conventions. 
However, the Government agreed on 
14 February 2006 to join the Paris Convention 
and also agreed on 28 March 2006 to join the 
Berne Convention. 
-  Yemen needs an appropriate transitional period 
and technical assistance to implement these 
conventions.  An "Action Plan", for this purpose, has been submitted to the WTO. 
Under Paris, Article 1(2), industrial property has as its 
object patents, utility models, industrial designs, 
trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of 
unfair competition. Same as above. 
In Paris.  Article 1(3), industrial property applies not 
only to industry and commerce proper, but to agricultural and extractive industries and to all 
manufactured or natural products, e.g., wines, grain, 
tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour. Same as above. 
Under Paris, Article 2, nationals of Members are to 
enjoy in other Members the advantages that their 
respective laws grant to nationals, and shall have the 
same protection and the same legal remedy against 
any infringement of their rights if they conform to the conditions and formalities imposed upon the Member's 
nationals. Same as above. 
Paris.  Article 3, requires that nationals of non-
Member countries domiciles or that have "real and effective" industrial or commercial establishments in a 
Member country be treated as nationals of a Member 
country. Same as above. 
Under Paris, Article 4.a right of priority is to be given 
an applicant for a patent, for registration of a utility 
model, an industrial design, or of a trademark who has 
filed the equivalent of a regular national filing under the domestic legislation of a Member country.  The 
periods of priority are to be 12 months for patents and 
utility models, and 6 months for industrial designs and trademarks.  The Article discusses the technical details 
of granting priority in depth. Same as above. 
Article 4 bis states that patents obtained for the same 
invention in various members of the Paris Union are 
independent of each other. Same as above. 
Article 4t er requires that inventors have the right to be 
named as such in the patent. Same as above.  WT/ACC/YEM/7/Rev.1 
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Under Article 4 quate r restrictions or limitations on the 
sale of a patented product or a product produced by a patented process cannot be the grounds for refusing a 
patent or invalidating one already issued.  Under 
Article 5(A)(1), importation of a patented product 
manufactured in a Paris Union country cannot be the 
basis of forfeiture of the patent.  Article 5(A)(2) and (3) authorize countries to us e compulsory licensing as 
a means to prevent abuses, su ch as the failure to work, 
but they may not forfeit a patent unless the grant of a compulsory licence would not be sufficient to prevent 
the abuse.  Proceedings fo r forfeiture or revocation 
cannot be institute until two years after the grant of the first compulsory license. Same as above. 
Article 5(A)(4) prohibits application for a compulsory 
licence for failure to work until four years have passed 
since tile application was filed or three years from date of grant and no compulsory licence is to be granted if 
the patentee justifies the failure to work.  Licenses are 
to be non-exclusive, and may not be transferred except with the enterprise or goodwill that exploits the 
license.  Article 5(B) prohibits forfeiture of industrial 
designs for failure to work or for importing articles corresponding to those that are protected. Same as above. 
Article 5(C) prohibits cancellation of a mark for 
unjustified non-use before a reasonable period of time 
has passed and permits the proprietor to use differing 
elements that do not dimini sh the distinctive character 
of a mark without invalidating the registration or diminishing the protection granted the mark.  
Concurrent use of the mark by co-proprietors is 
permitted so long as the public is not mislead. Same as above. 
Under Article 5(D), protection of patents, registered 
trademarks, and industrial designs cannot be 
conditioned upon indication or mention of such patent, 
trademark registration, or industrial design protection. Same as above. 
Article 5 bis requires that a grace period of at least six 
months be provided for the payment of maintenance 
fees for industrial property, but a surcharge is 
permissible.  Countries are authorized to restore patents that lapsed for non-payment of fees. Same as above. 
Article 5 ter  prohibits a Paris Member from making 
use of patented devices aboard a vessel, aircraft, of 
land vehicle temporarily or accidentally in the territory or the Member. Same as above. 
Article 5 quater  requires that process patent owners 
have all the rights against an imported product 
produced by the patent process that they would have 
with respect to products manufactured at home. Same as above. 
Article 5 quinquies  requires that Paris Members protect 
industrial designs. Same as above. 
Article 6 makes the conditions for filing and 
registration of trademarks  subject to domestic 
legislation but also makes filing and registration 
independent of those in other countries, including the country of origin. Same as above. WT/ACC/YEM/7/Rev.1 
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Article 6 bis requires parties, ex officio if legally 
possible or at the request of an interested party, to refuse to register or, for a period of at least 5 years, to 
cancel the registration of a trademark confusingly 
similar to a well-known mark.  No time limit is placed 
on a mark used in bad faith. Same as above. 
Article 6 ter requires Members to refuse to register or 
to invalidate the registration that includes, without authorization, armorial bear ings, flags, state emblems, 
official signs and hallmarks, etc.  An exception is 
provided for owners of rights acquired in good faith before the Convention entered into force for that 
country.   Same as above. 
Article 6 quater  makes the assignment of a mark valid 
if the portion of the business or goodwill of the business together with the exclusive right to 
manufacture and sell the good s bearing the mark are 
also transferred.   Same as above. 
Article 6 quinquies  requires that trademarks duly 
registered in a Member be accepted for filing in other 
Members, with certain reservations, and establishes 
the conditions under which a trademark may be denied registration or may be invalidated.   Same as above. 
Article 6 sexties  states that Paris Members undertake" 
to protect service marks without being required to 
provide for their registration. Same as above. 
Article 6septies requires that trademark owners be able 
to oppose or request cancellation of a registration of 
their trademarks applied for by their agent or representative without their authorization "unless the 
agent or representative justifies his action. Same as above. 
Article 7 states that the nature of the goods to which a 
trademark is applied may in no case be an obstacle to 
the registration of the trad emark. (Duplicate language 
is in TRIPS Article 15.4.) Same as above. 
Article 7 bis requires that Members permit registration 
of collective marks belonging to associations the existence of which is not contrary to the law of the 
country of origin, even where the association is not 
established in the country where protection is being sought. Same as above. 
Article 8 requires that trade names be protected by 
Members without the necessity of registration, 
whether or not the names are part of a trademark. Same as above. 
Article 9 requires seizure on importation or exclusion 
or goods bearing a trademark or trade name without 
authorization, unless a country's laws provide for 
neither remedy, in which case domestic actions and 
remedies must be available. Same as above. 
Article 10 applies the obligation of Article 9 to the 
direct or indirect use of false indications of source of goods, or false indication of the producer, 
manufacturer, or merchant of such goods. Same as above.  WT/ACC/YEM/7/Rev.1 
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Article 10 bis requires Members to provide protection 
against unfair competition, including against acts that create confusion of various kinds about the goods or 
activities of a competitor, that consist of false 
allegations about a competitor, or that are apt to 
mislead the public regarding a competitor's goods. Same as above. 
Article 10 ter requires that Members undertake to 
assure to foreign nationals effective legal remedies to repress actions referred to in Articles 9, 10 and 10 bis, 
and to allow federations an d associations representing 
foreign businesses, on the basis of reciprocity, to take action in court and before administrative authorities to 
repress such acts.   Same as above. 
Article 11 requires that temporary protection. 
consistent with domestic legislation, be afforded to patentable inventions, utility models, industrial 
designs and trademarks in respect of goods exhibited 
at official or officially  recognized international 
exhibitions held in their territory. Same as above. 
Article 12 requires Members to establish industrial 
property offices for patents.  utility models, industrial 
designs and trademarks fo r the communication to the 
public through publication of a periodic journal of the 
names of patent owners with a brief designation of 
their inventions, and the reproduction of trademarks. Same as above. 
Article 19 authorizes Members to enter into separate 
and special industrial property agreements among 
themselves, so long as those agreements do not 
contravene the provisions of Paris. Same as above. 
National treatment, with exceptions allowed in the 
Paris, Berne and Rome Conventions.  Article 3. Same as above. 
Most favoured nation treat ment, with enumerated 
exceptions.  Article 4. Same as above. 
Copyright and Neighbouring Rights Law No. 19 of 1994 on Intellectual Property Rights 
Compliance with Articles I through 21 of the Berne 
Convention with the exception of Article 6 bis, 
Article 9.1. Yemen has already submitted its draft law on 
Copyright and Related Rights to WIPO for review. 
However, Yemen needs an appropriate transitional 
period and technical assistance in this respect.  An "Action Plan", for this purpose, has been submitted to 
the WTO. Please note that information pertaining to 
Copyright and Neighbouring Rights have been conveyed through answers to IPR questions.  
Article 2 defines "literary and artistic works" as "every 
production in the literary, scientific and artistic 
domain whatever may be the mode or form of its expression," giving examples. Limitations related to 
speeches are provided in Article 2 bis. Same as above. 
Article 3 requires that protection be provided to the 
works of authors who are nationals of Berne Union 
members and to works of nationals of non-Union 
countries if those works are published in a Union member simultaneously with publication in the 
non-Union country.   Same as above. WT/ACC/YEM/7/Rev.1 
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Article 4 requires that protection be provided 
cinematographic works not falling under Article 3 if the maker has a headquarters or habitual residence in a 
Union member and to works of architecture or artistic 
works incorporated into a building or structure in a 
Union member. Same as above. 
Article 5 requires that authors enjoy the rights required 
by Berne and any other rights a country provides works on a national treatment basis without being 
subject to any formalities. Same as above. 
Article 7 requires that the term of protection for 
copyright be 50 years fo llowing the death of the 
author. Special terms are authorized for 
cinematographic works, anonymous or pseudonymous 
works, photographic works and works of applied art.  Article 8 gives authors of protected works the 
exclusive right to make or authorize the making of 
translations of the work. Same as above. 
Article 9 requires that authors be given the exclusive 
right to authorize reproduction of the work in any 
manner or form with only limited exceptions that do 
not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate 
interests of the author. Same as above. 
Articles 10 and 10 bis define certain authorized "free 
uses of works". Same as above. 
Articles 11, 11 bis, and 11 ter require that authors of 
dramatic, dramatico-musical  and musical works and 
any translation thereof and authors of literary and artistic works, the exclusive right to authorize the 
public performance of their works, including by 
broadcast, public recitation and any communication to the public. Same as above. 
Article 12 requires that authors of literary or artistic 
works have the exclusive right to authorize 
adaptations, arrangements and other alterations of their 
works. Same as above. 
Article 13 authorizes countries to impose reservations 
and conditions on the exclusive right granted authors 
of musical works or written works that are recorded. Same as above. 
Articles 14 requires that au thors of literary and artistic 
works have the exclusive right to authorize the 
cinematographic adaptation and reproduction of their 
works and the distribution, public performance and communication to the public of the adaptation or 
reproduction, without the limitations authorized under 
Article 13(1). Same as above. 
Article 14 bis specifies that a cinematographic work is 
to be protected as an orig inal work without prejudice 
to any work that is adapted or reproduced and the author of the cinematographic work is to enjoy the 
same rights as the author of any other work. Same as above. 
Article 14 ter requires "droit de suite" in connection 
with subsequent sales works of art and manuscripts. Same as above.  WT/ACC/YEM/7/Rev.1 
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Article 15 requires that ownership of a work, for 
purposes of litigation, be presumed to be that which appears on the work in the usual manner. Same as above. 
Article 16 requires that infringing copies of a work be 
subject to seizure whether domestically produced or 
imported.   Same as above. 
Article 18 requires that copyright protection be applied 
to all works which, at the moment Berne becomes 
effective, have not fallen into the public domain in the country of origin through the expiry of the term of 
protection. Same as above. 
Article 19 authorizes Union members to provide 
greater protection than that required by the Convention. Same as above. 
Article 20 authorizes Union members to enter into 
special agreements among th emselves to provide more 
extensive rights than those provided by Berne. Same as above. 
Protect computer programs, whether in source or 
object code, as literary works under the Berne 
Convention.  Protect compilations of data, whether in 
machine readable or other form are to be protected as intellectual creations if they constitute such.  
Article 10. Same as above. 
Provide rental rights at l east for computer programs 
and cinematographic works with certain exceptions.  
Article 11. Same as above. 
Provide a term of protection of fifty years from the 
death of tile author (Berne Article 7.1 and TRIPS Article 9.1) or, for works the term of which is not 
measured by the life of the author, a term of 50 years 
from the end of the calen dar year of authorized 
publication, or, if not published within fifty years from 
making, fifty years from th e end of the calendar year 
of making.  Article 12. Same as above. 
Confine limitations and exceptions to exclusive rights 
to certain special cases which do not conflict with a 
normal exploitation of the work and do not 
unreasonably prejudice the right holder's legitimate interests.  Article 13.   Same as above. 
Provide performers with the right for 50 years from 
the date of a performance to prevent unauthorized 
fixation of their unfixed performances and of reproductions of such fixations and to prevent the 
unauthorized broadcast by wireless means and 
communication to the public of their live performances.  Article 14.1 and 5. Same as above. 
Provide phonogram producers with the right for 50 
years from the date of first authorized fixation to prohibit unauthorized reproduction of their 
phonograms, directly or indirectly, and to prohibit 
rental of copies of their phonograms once sold or otherwise distributed.  Article 14.2, .4, and .5. Same as above. WT/ACC/YEM/7/Rev.1 
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Providing broadcasting organizations with the 
exclusive rights for 20 years of fixation, reproduction of fixations, and rebroadcasting by wireless means of 
their  broadcasts and the communication to the public 
of broadcasts of their broadcasts or provide to the 
owners of the copyright in the material broadcast the 
possibility of exercising such rights.  Article 14.3 and 5.  Same as above. 
Trademarks Law No. 19 of 1994 on Intellectual Property Rights 
Provide trademark or servi ce mark protection for any 
sign, or combination of signs capable of distinguishing 
the goods or services of one undertaking from those of other undertakings.  Article 15.1. Yemen has already submitted its draft law on 
Trademarks to WIPO for review. However, Yemen 
needs an appropriate transitional period and technical assistance in this respect.  An "Action Plan", for this 
purpose, has been submitted to the WTO. Please note 
that information pertaining to Trademarks have been conveyed through answers to IPR questions. 
Not deny registration for a mark based solely on the 
nature of the goods or services to which a trademark is 
to be applied.  Article 15.4. Same as above. 
Trademarks must be published before or shortly after 
registration to permit opposition or opportunity to 
apply for cancellation.  Article 15.5. Same as above. 
Provide trademark owners the exclusive right to 
prevent unauthorized use identical or similar marks for similar goods or services of other parties if confusion 
is likely to result.  Article 16.1. Same as above. 
Presume confusion where an identical mark is used 
without authorization on identical goods or services.  
Article 16.1. Same as above. 
Provide protection for well know trademarks and 
service marks in accordance with Article 6 bis, of the 
Paris Convention, even where use is on goods or 
services which are not similar to those in respect of 
which a trademark is registered if the latter use would imply a connection with the right holder or would be 
likely to damage the right holder's interests.  
Article 16.2 and .3. Same as above. 
Allow only limited exceptions to the rights conferred 
by a trademark such as fair use of descriptive terms.  
Article 17. Same as above. 
Provide a period of protection for registration of at 
least seven years, renewable indefinitely.  Article 18. Same as above. 
Allow cancellation for non-use only after a period of 
three years of uninterrupted non-use unless valid 
reasons exist for the non-use, including government 
interference with use.  Article 19.1. Same as above. 
No encumbering of the use of a trademark by special 
requirements.  Article 20. Same as above. 
May establish conditions for licensing but compulsory 
licensing not permitted and owner of registered mark must be able to assign it with or without transfer of 
business.  Article 21. Same as above.  WT/ACC/YEM/7/Rev.1 
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Geographical Indications Law No. 19 of 1994 on Intellectual Property Rights 
Provide means to prevent deceptive use of 
Geographical indications identifying location where a given quality, reputation or other characteristic of a 
good is attributable to its location.  Article 22.1 and 2. 
Refuse to register or invalidate registrations of 
trademarks containing geographical indications except 
in instances in which such marks have been used continuously for at least I 0 years or in good faith 
before 15 April 1994.  Article 22.3. Yemen has already submitted its draft law on 
Geographical Indications to WIPO for review. However, Yemen needs an appropriate transitional 
period and technical assistan ce in this respect.  An 
"Action Plan", for this purpose, has been submitted to 
the WTO. Please note that information pertaining to 
Geographical Indications have  been conveyed through 
answers to IPR questions. 
Protect against use of geographical indications even when literally true but which falsely represent that the goods originate in another territory.  Article 22.4 Same as above. 
Protect, with certain exceptions, appellations or origin 
for wines and spirits even against use accompanied by 
expressions such Same as above. 
Protect, with certain exceptions, appellations or origin 
for wines and spirits even against use accompanied by 
expressions such as 'kind," type," "style," etc.  
Article 23.1 and 24. Same as above. 
Refuse or invalidate, with certain exceptions 
trademark registrations containing geographical 
indications for wines and spirits if they do not 
originate in the place named.  Article 23.2 and 24. Same as above. 
Industrial Designs Law No. 19 of 19 94 on Intellectual Property Rights 
Provide, with certain exceptions, protection for new or 
original, independently created industrial designs.  
Article 25.1. Yemen has already submitted its draft law on 
Industrial Designs to WIPO for review. However, 
Yemen needs an appropriate transitional period and technical assistance in this respect.  An "Action Plan", 
for this purpose, has been submitted to the WTO. 
Please note that information pertaining to Industrial Designs have been conveyed through answers to IPR 
questions. 
Ensure that requirements for securing protection for 
textile designs are not prohibitive of such protection.  Article 25.2. Same as above. 
Protection should last at least 10 years.  Same as above. 
Patents Law No. 19 of 1994 on Intellectual Property Rights 
Provide patents for any inventions, whether products 
or processes, in all fields of technology if they are 
new, involve an inventive step and are industrially applicable.  Exceptions are permitted for plants and 
animals, except for microorganisms and 
non-biological and microbi ological processes.  
Exemptions are also permitted for reasons of ordre 
public and morality.  Article 27. Yemen will review its IPR la w to comply with TRIPS 
Agreement. However, Yemen needs an appropriate 
transitional period and technical assistance in this respect.  An "Action Plan", for this purpose, has been 
submitted to the WTO. Please note that information 
pertaining to Patents have been conveyed through answers to IPR questions. 
Provide patent owners with the right to prevent others from making, using, offering for sale, selling or 
importing a patented product or from using a patent 
process or using, offering for sale, selling or importing a product produced directly using such process.  
Article 28.1. Same as above. 
Give patent owners the right to assign the rights in the 
patent, or transfer the rights by succession, or licence them.  Article 28.2. Same as above. WT/ACC/YEM/7/Rev.1 
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Require applicants to disclo se the invention so that 
one skilled in the art can carry it out and may require indication of the best mode and information on 
corresponding foreign applications.  Article 29. Same as above. 
Ensure that any exceptions to exclusive patent rights 
do not unreasonably conflict with normal exploitation 
of the patent and do not unreasonably prejudice the 
legitimate interests of the patent owner, taking third party interests into account.  Article 30. Same as above. 
Compulsory licenses can be issued only when 
enumerated conditions are met, including such things 
as notice, remuneration, limitations on use and transfer of the license, etc.  Article 31. Same as above. 
Provide an opportunity for judicial review of decisions 
to revoke or forfeit a patent.  Article 32. Same as above. 
Provide a patent term of at least 20 years from the 
filing date.  Article 33. Same as above. 
Shift the burden of proof in process patent 
infringement actions to the defendant in instances in 
which tile product produced by the process is new or 
where it is substantially likely that the identical product was made using the process and the patent 
owner has been unable through reasonable efforts to 
determine the process used.  Article 34. Same as above. 
Integrated-Circuit Layout Designs Law No. 19 of 1994 on Intellectual Property Rights 
Provide protection for original layout designs of 
integrated circuits that ar e registered or have been 
commercially exploited anywhere in the world.  Articles 3, 4, 5, and 7 of the Washington Treaty as 
incorporated into TRIPS by Article 35. Yemen will review its IPR law to comply with the 
TRIPS Agreement. However, Yemen needs an 
appropriate transitional peri od and technical assistance 
in this respect.  An "Action Plan", for this purpose, has 
been submitted to the WTO. Please note that 
information pertaining to Integrated-Circuit Layout Designs have been conveyed through answers to IPR 
questions. 
Make unlawful, except in certain circumstances, the 
reproduction, importation, sale or other distribution of a protected layout design or an integrated circuit 
embodying such design or an Article containing such a 
microcircuit.  Article 6 of Washington and Article 36 
of TRIPS. Same as above. 
Provide such protection for a term of 10 years from 
the films, of an application for registration or from 
first commercial exploitation.  Article 38. Same as above. 
Undisclosed Information Law No. 19 of 1994 on Intellectual Property Rights 
Provide protection for undisclosed information that is 
secret (not generally known or readily ascertainable); 
has commercial value because of its secrecy, and has 
been subject to reasonable steps to keep it secret.  
Article 39.2. Yemen will review its IPR law to comply with the 
TRIPS Agreement. However, Yemen needs an 
appropriate transitional peri od and technical assistance 
in this respect.  An "Action Plan", for this purpose, has 
been submitted to the WTO. Please note that 
information pertaining to Undisclosed Information have been conveyed through answers to IPR 
questions. 
Protect data submitted to obtain marketing approval 
for pharmaceutical or agricultural chemicals utilizing a new chemical entity.  Article 39.3. Same as above.  WT/ACC/YEM/7/Rev.1 
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Enforcement Yemen’s Enforcement-Related Laws 
- General Provisions - General Remarks: 
Yemen currently provides enforcement 
procedures and remedies against infringement of 
Intellectual Property Rights through judicial 
actions. 
Yemen is in the process of reviewing its IPR 
law(s) to comply with the TRIPS Agreement and needs financial and technical assistance and 
transitional periods. 
Provide for effective action against infringement of 
intellectual property rights without creating barriers to legitimate trade or opportunities for abuse.  
Article 41.1. Without prejudice to the penalties stated in Article 124 
of the IPR Law, as well as Articles 210 and 211 of the Crimes and Penalties Law, Article 115 of the IPR Law 
No. 19/1994 provides right holders with the possibility 
to request for judicial action, by either of the following: 
- to remove the infringement by publishing the 
committed violation in newspapers;  
-  to seize the products, goods, coverings, papers, 
and others on which the industrial design or 
trademark was fixed, or for which imitation or counterfeiting was used; 
-  to confiscate the above-mentioned; 
-  to destroy them, when necessary; and -  to order the infringer not to use the trademark in 
the future. 
Provide enforcement procedures that are fair and 
equitable and are not unnecessarily complicated or 
costly and do not entail unreasonable time-limits or 
unwarranted delays.  Article 41.2. Articles 16 through 25 of the Civil Procedure and 
Enforcement Law No. 40/2002 cover the principles 
governing litigation procedures, inter alia : 
- litigants are on a par to practice the right of 
litigation; a judge shall comply with the principle 
of equality between disputed parties, 
- the right to claim and defence is guaranteed 
before courts, 
- the practice of the right to litigation is based on 
good faith, 
- a judge must maintain the principle of argument 
and counter argument during litigation and shall 
ensure its respect among the parties to the dispute, 
- a judge must be keen to guarantee the good 
progress of justice,  
- a judge shall abide in  his judgement by the 
principle of neutrality, 
- foreigners shall enjoy the judicial protection 
before Yemeni courts like Yemeni citizens. 
Articles 238 through 245 of the Civil Procedure and 
Enforcement Law, relating to the provisions of 
summary cases, and Articles 246 through 252 relating 
to provisional or precautio nary judicial decisions 
(orders on petition) provide procedures that are fair 
and equitable and are no t complicated and do not 
entail prolonged time-limits. Articles 5, 10, and 15 of Law No. 28/1999 on 
Amendment to Law No. 43/1991 pertaining to judicial 
fees entail very reasonable fees. The law imposes a fixed fee of 300 Y.R. (equivalent to 1.5 US dollars WT/ACC/YEM/7/Rev.1 
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approximately) for claims of civil, trade, and 
administrative disputes, including requests for compensation claims. It impose s a fixed fee of 50 Y.R. 
(equivalent to 0.50 US dollars approximately) for, 
inter alia , claims of cancelling of administrative 
decisions or challenges th erein, and claims of 
counterfeiting. 
Provide decisions on the merits based upon the evidence presented in the case to the parties, 
preferably in writing with the reasons explained.  
Article 41.3. Judicial rulings and decisions are in writing with 
reasons explained and based on evidence 
(Articles 217, 225, 228, 229, 231 of the Civil 
Procedure and Enforcem ent Law). Article 217 
stipulates that judicial deci sions and rulings must be in 
writing. Article 227.1 provides that the Head of the 
Court publicly delivers the ruling with its reasons. 
Article 228.1 stipulates that the Court must write the 
original copy of the ruling; and it shall be signed by 
the clerk and Court Panel. Article 229 provides that the ruling must involve information, inter alia : 
evidences and reasons. Ar ticle 231 requires that 
rulings must be reasoned. 
Provide for appeals to ju dicial bodies of final 
administrative decisions and of at least the legal 
aspects of initial judicial decisions on the merits of a 
case.  Article 41.4. Article 251 of the Civil Procedure and Enforcement 
Law provides for appeal against a provisional or 
precautionary judicial decisi on to those whose request 
has been rejected by the Court. Article 501 of the Civil Procedure and Enforcement La w provides parties to a 
dispute with the right to ap peal the Court decision as 
well as provisional implementation before the 
Appellate Court. The disputed parties may request 
final appeal against decisions issued by Appellate Court before the Supreme Court.  
- Civil and Administrative Procedures and 
Remedies  
Provide a procedure that allo ws plaintiffs to bring an 
action for infringement; requires that defendants be notified; permits both side to present evidence in 
support of their position; and protects confidential 
information.  Article 42. In accordance with Article 17 of the Civil Procedure 
and Enforcement Law, the ri ght to claim and defence 
is guaranteed before Courts.  
Also, Article 70 of this law provides that an action is a 
legal and legitimate means fo r plaintiff and defendant 
to bring it to the Court in order to be decided for in 
accordance with the legal rule. 
Articles 103 and 104 show how to bring an action. In case a defendant is not notifie d within 30 days as from 
the date of bringing it to the Court, the action is 
deemed null and void. Article 106 stipulates that a defendant, when notified of an action, must respond to 
it. Article 166 allows both sides to present documents. 
Pursuant to Article 161, based upon the request from 
one or both sides, or on its own accord, the Court may 
decide the confidentiality of the session. The Court may postpone the action in case one side 
requests such a procedure in order to present 
documents in support of his position, respond back to a document presented in the session, or notify 
witnesses to attend (Article 168).  WT/ACC/YEM/7/Rev.1 
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Authorize judges to order production of evidence 
necessary to substantiate a party's claims where that 
party has been unable to obtain such evidence from the 
opposing party.  Article 43.1.  Article 112 of the Evidence Law No. 12/1992 permits 
a party to request forcing his opposing party to produce evidence necessary to substantiate that party’s 
claims. Article 120 of the Evidence Law obliges 
anyone who possesses anything to substantiate claims 
to present it to the claimant. In case the matter relates 
to bonds or other documents, the judge may order the presentation of such bonds or documents to the party 
concerned, or,  when necessary, to the Court. 
Authorize judges to enjoin a defendant, except the 
government, from infringing intellectual property rights.  Article 44.1. Article 115 of the IPR Law provides right holders to 
request from judges to order an infringer to refrain from using a trademark in future. 
Authorize judges to order the payment of monetary 
damages adequate to compensate for the injury done 
by the infringement.  Article 45.1 Article 116 of the IPR Law provides the holder of a 
registration certificate with the right to request judges 
to authorise a compensation for any damage they have 
incurred because of a violation of the conferred 
protection. Article 304 of the Civil Law No. 14/2002 
requires that if any illegal action was made deliberately, semi-deliberatel y or by mistake, causing 
damage to others, the perpetrator shall be obliged to 
compensate others for the damage he has caused, without prejudice to penalties stipulated for crimes in 
accordance with laws currently in force. Article 352 of 
the same law provides that damages shall cover both tangible and intangible injuries. 
Authorize judges to order infringer to pay right 
holders enforcement costs and recovery of profits 
and/or statutory damages.  Article 45.2. Article 116 of the IPR law provides the holder of a 
registration certificate with the right to request from 
judges to order damages for any injury they have 
incurred because of a violation of the protection 
conferred for industrial designs or trademarks. 
Article 258 of the Civil Procedure and Enforcement 
Law obliges judges, on their own accord, to order 
compliance of infringers to pay costs; this should be mentioned in the ruling itself. 
Authorize additional remedies including seizure of 
infringing goods, and the materials and implements 
the predominant use of which is infringement.  Article 46. Article 115 of the IPR Law provides right holders to 
request from judges to confiscate products, goods, 
coverings, papers and others on which industrial designs or trademarks were fixed, or for which 
imitation or counterfeiting was used; in addition, there 
is the right of destroying these things, when necessary. Article 103 of the Crimes and Penalties Law No. 
12/1994 permits judges, when decided guilty, to order 
confiscation of seized materials obtaining from the crime or used therein.  
Authorize indemnification of defendant, including 
attorneys' fees in the even t of abuse by plaintiffs.  
Article 48.1. Article 304 of the Civil Law No. 14/2002 requires that 
if any illegal action was made deliberately, semi-
deliberately or by mistak e and caused damage to 
others, the perpetrator shall be obliged to compensate 
others for the damage he has caused, without prejudice to penalties stipulated for crimes in accordance with 
laws in force. 
Exempt public authorities and officials from liability 
in connection with the administration of intellectual property laws only where the actions are taken or 
intended in good faith within the scope of tile relevant 
authority.  Article 48.2. Article 26 of the Crimes and Penalties Law provides 
that if a public official takes an action, performs his duty, or uses his authority in line with the authority 
conferred upon him by the respective law, he shall not 
be liable to penalties. WT/ACC/YEM/7/Rev.1 
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Ensure that administrative remedies conform to the 
principles in the preceding Articles.  Article 49. Please refer to the general remarks on page 11. 
 
- Provisional Measures  
Authorize judges to grant temporary restraining orders and provisional relief to prevent infringement and to 
preserve evidence.  Article 50.1. Articles 238 through 252 of the Civil Procedure and 
Enforcement Law relate to  summary cases and the 
granting of temporary orders. A summary judiciary is 
a temporary judgment in relation to a provisional or 
precautionary measure taken for summary cases in 
order not to be too late to take an action for it (within 24 hours). An appeal has no  effect on the suspension 
of implementation. Orders are temporary or 
precautionary decisions issued without a dispute and in the absence of the opposing party pursuant to the 
jurisdiction of the Head of the Court or competent 
judge, and based on the request of the interested party. The request shall contain evidence and facts and be 
accompanied by required documents. 
Authorize judges to require the complaining party to 
indemnify the defending party against harm if the decision on the merits finds the provisional relief 
unjustified.  Article 50.3. Article 304 of the Civil Law No. 14/2002 requires that 
if any illegal action was made deliberately, semi-deliberately or by mistak e and caused damage to 
others, the perpetrator shall be obliged to compensate 
others for the damage he has caused, without prejudice to penalties stipulated for crimes in accordance with 
laws in force. 
Provide for notice, for form al action by the plaintiff 
after temporary restraining orders, etc.  Article 50.4. Article 241 of the Civil Procedure and Enforcement 
Law provides that summary cases are brought to the 
court through an application of which the defending 
party shall be informed within 24 hours; or this period may be reduced to 2 hours. Article 242 requires that a 
law officer shall bring the notice to the domicile or 
workplace of the defending pa rty or to him in person. 
Article 383 provides that in case seizure is decided in 
the absence of the seized party, he must be informed 
of the minutes of seizure and the order thereof within 5 days as from the date of its implementation; 
otherwise, procedures following it are null and void. 
- Border Measures  
Provide for suspension of release by customs 
authorities of goods suspected of bearing a counterfeit trademark or of being a piratical copyrighted work, 
either at the request of a right holder.  Members are 
authorized to extend such protection to holders of other forms of intellectual property, Article 51. Article 115 of the IPR Law provides right holders to 
request from judges to confiscate products, goods, coverings, papers and others on which industrial 
designs or trademarks were fixed, or for which 
imitation or counterfeiting was used. Yemen is in the process of adapting its IPR Law(s) to 
comply with the provision of Article 51 of the TRIPS 
Agreement. 
Require right holders initiating border measures to 
provide evidence of a prim a facie infringement and a 
description of the goods sufficient for customs authorities to recognize them.  The right holder must 
be notified within a reasonab le time if action will be 
taken on his behalf.  Article 52. Article 104.6 of the Civil Procedure and Enforcement 
Law provides that the application for action must 
contain a sufficiently summa rized description of the 
subject matter evidence, and specific requests of the 
plaintiff, type of action, and whether the plaintiff 
requests the claim to be handled as an urgent or normal case.  WT/ACC/YEM/7/Rev.1 
 Page 15 
 
 
 TRIPS Agreement YEMEN 
Authorize authorities to require the right holder 
requesting border measures to post a bond sufficient to protect the defendant and to prevent abuse.  Article 53. Article 243 of the Civil Procedure and Enforcement 
Law provides that the Court has the right to order a bond to implement judgments issued in summary 
cases. Article 339 provides that an urgent 
implementation bond or the order for its suspension 
shall be conducted either through a solvent bailsman, 
depositing cash money, cheque payable to the Court’s safe or accredited bank, or through depositing what is 
collected for implementation at the Court’s safe. 
Requires prompt notification of the right holder and 
the importer when action under Article 51 is taken.  Article 54. In accordance with Article 223 of the Customs Law 
No. 14/1990, summons notices, notifications, rulings and, in general, all papers related to customs cases 
shall be notified by customs staff. 
Requires that customs authorities be notified within a 
maximum of 20 days of th e receipt of notice that 
proceedings on the merits have begun or the 
suspension is to be revoked.  Article 55. Article 252 of the Civil Procedure and Enforcement 
Law provides that the order issued on an application shall be nullified unless it is submitted for execution 
within twenty days from the date of its issuance except 
what is exempted by a special provision. The 
nullification of the order shall not prevent the issuance 
of a new order. 
Authorities must be authorized to require the right 
holder to compensate the importer or owner of the 
goods subject to border measures if goods were 
wrongfully detained or if proceedings leading to a 
decision on the merits are not begun within tile allotted time.  Article 56.  Article 304 of the Civil Law No. 14/2002 requires that 
if any illegal action was made deliberately, semi-
deliberately or by mistak e and caused damage to 
others, the perpetrator shall be obliged to compensate 
others for the damage he has caused, without prejudice to penalties stipulated for crimes in accordance with 
laws in force. 
Right holders must be allowed to inspect the detained 
goods in order to substantiate the right holder's claims.  Importers must be given similar authority.  Members 
may give the right holder the names and addresses of 
those involved in the importation when infringement is found to exist.  Article 57. Article 162 of the Evidence Law No. 21/1992 provides 
that parties to the dispute shall be called for attendance during inspection; and th ey may move to the place 
where the subject matter in question is located upon a 
request from the other party or by the Court’s own accord.  
Establishes the conditions that must be in place if 
customs authorities are authorized to act ex officio, 
including the ability to ask the right holder for information at any time; the requirement to notify the 
importer promptly of the suspension; and the 
requirement that public offici als be liable if they act in 
bad faith.  Article 58. Article 30 of the Customs Law No. 14/1990 prohibits 
the entry of foreign goods that do not conform to the 
terms stipulated in the IPR Law(s), unless Customs Authorities are ordered otherwise.  
Competent authorities must be able to order 
destruction or disposal other than by re-export of 
infringing goods where appropriate.  Article 59. Article 115 of the IPR Law provides right holders to 
request from judges to confiscate products, goods, 
coverings, papers and others on which industrial 
designs or trademarks were fixed, or for which 
imitation or counterfeiting was used; in addition, there is the right of destroying these things, when necessary. 
Members are authorized to except from border 
measures small quantities of infringing goods of a 
non-commercial nature carried in personal luggage or shipped in small consignments.  Article 60. Currently, relevant laws in force do not provide for 
such an exemption. WT/ACC/YEM/7/Rev.1 
Page 16  
 
 TRIPS Agreement YEMEN 
- Criminal Procedures  
Provide criminal procedures  and penalties, sufficient 
to act as a deterrent, for wilful trademark counterfeiting or copyright piracy on a commercial 
scale.  Authorizes extension of criminal actions to 
other forms of intellectual property where 
infringements are wilful and on a commercial scale.  
Article 61. Article 114 of the IPR Law provides that anyone who 
knowingly imitates or counterfeits a registered industrial design or tradem ark, uses an industrial 
design  or trademark which is imitated or 
counterfeited, fixes on his products or attaches to his 
services an industrial desi gn or trademark registered 
for others, sells or offers for sale or circulation or acquires for the purpose of sale products on which 
there is unlawfully imitated, counterfeited objects 
fixed to it, shall be considered as having violated the legal protection decided for the industrial design and 
trademark and the provisions of  the next articles shall 
apply to him.  -  Article 124 of the IPR Law provides as follows: 
Without prejudice to any severer penalty provided for 
in this law or any other law, any one who commits one of the following acts shall be punished with a fine of 
not less than Riyals 10.000 or with imprisonment  for 
a period not exceeding six months: 
 a. Infringement of a copyright, or a discoverer’s 
or inventor’s right provided for in this law 
 b. Attributing to oneself by way of publication 
literary, artistic works or inventions made by 
others. 
All the above shall be without prejudice to the right of 
compensating the aggrieved party.  
In accordance with Article 210 of the Crimes and Penalties Law, any person who falsifies or forges a 
seal or mark that belongs to an individual, one of the 
agencies whatsoever, companies permitted by the government or uses such objects shall be sentenced to 
imprisonment for the period of not more than three 
years.  In accordance with Article 211, any person who 
manufactures or possesses machinery, devices, or 
substances with a view to us ing them in the forgery or 
falsification of anything  aforementioned shall be 
sentenced to imprisonment for the period of no more 
than five years. The confiscation of seized devices and materials shall be decided. 
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