Geographical Indications Law in Bahrain
Geographical Indications Law in Bahrain
Geographical Indications (GIs) are signs used on products that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location. Bahrain, as part of its intellectual property (IP) framework, has provisions for the protection of GIs.
1. Legal Framework
Bahrain protects geographical indications under its Industrial Property Law, specifically:
Legislative Decree No. 6 of 2006 on Industrial Property
The law was amended by Legislative Decree No. 31 of 2010
Bahrain is also a member of international agreements such as:
WTO/TRIPS Agreement
Paris Convention
Gulf Cooperation Council (GCC) Unified Law
2. Definition of a Geographical Indication (GI)
Under Bahraini law, a GI is defined similarly to the TRIPS Agreement:
"An indication which identifies a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin."
3. Protection Mechanism
Registration: While not strictly required under TRIPS, Bahrain allows for the registration of GIs with the Industrial Property Directorate.
Refusal of Registration: A trademark can be refused if it contains a GI that is misleading or falsely represents a product as originating from a specific place.
Opposition and Cancellation: Interested parties may oppose or request cancellation of GIs or trademarks that violate GI principles.
4. Scope of Protection
Prevents the use of a GI on products not originating from the indicated place.
Prevents use that misleads the public or constitutes unfair competition.
Protection is extended even if the true origin is indicated or if the GI is used in translation or accompanied by expressions like "type" or "style."
5. Enforcement and Remedies
Administrative and judicial procedures are available.
Rights holders can seek injunctions, damages, and destruction of infringing goods.
Bahrain’s Customs authorities can also intervene at the border for goods violating IP rights, including GIs.
6. Regional Influence – GCC Unified Law
Bahrain follows the GCC Unified Trademark Law, which includes GI-related provisions.
However, implementation depends on national laws, so Bahrain has its own processes for GI protection.
7. International Registration
Bahrain is not a party to the Lisbon Agreement for the Protection of Appellations of Origin and GIs.
But as a WTO/TRIPS member, it is required to offer at least TRIPS-level protection.
8. Examples & Usage
Bahrain does not have a prominent list of domestic GIs but recognizes and enforces foreign GIs under its international obligations. Enforcement actions can involve foodstuffs, wines, spirits, and traditional products.
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