Industrial Designs Law in Bahrain

In Bahrain, industrial designs are governed by Law No. 6 of 2006 on Industrial Designs and Models, which provides the legal framework for their registration, protection, and enforcement. The Ministry of Industry and Commerce (MOIC) is the authority responsible for administering industrial design rights in the Kingdom.

📝 Registration Process

1. Eligibility Criteria

To be eligible for registration, an industrial design must meet the following conditions:

Novelty: The design must be new and not previously disclosed to the public.

Industrial Applicability: The design should be applicable to industry or handicrafts.

Distinctiveness: The design must have an aesthetic appearance that distinguishes it from existing designs.\

The design can be a two-dimensional feature (e.g., patterns, lines, or colors) or a three-dimensional shape (e.g., the form or configuration of an article) .

2. Application Submission

Applications for industrial design registration must be submitted to the National Patent Office at the MOIC. Applicants who are nationals or residents of Bahrain can apply directly. Foreign applicants must apply through an authorized intellectual property (IP) agent or law firm in Bahrain 

The application should include:

A clear representation or specimen of the design.

A brief description of the design.

Applicant's details.

Payment of the prescribed application fee.

The application fee is BD 40 (approximately USD 106) .

3. Examination and Publication

Upon receipt, the National Patent Office will examine the application to ensure compliance with the requirements of Law No. 6 of 2006. If the application meets the criteria, it will be published in the Official Gazette. This publication initiates a one-month opposition period during which third parties can challenge the registration.

4. Registration and Certificate

If no opposition is filed, or if any opposition is resolved in favor of the applicant, the design proceeds to registration. A Certificate of Registration is issued, granting the proprietor exclusive rights to the design.

⏳ Duration and Renewal

Initial Protection: 10 years from the filing date.

Renewal: The protection can be extended for a further 5 years, provided the renewal application is filed during the last year of the protection period.

Late Renewal: A renewal application can also be submitted within 6 months after the expiry date, subject to additional fees .

📌 Use Requirement and Cancellation

The industrial design owner must use the design within a reasonable period. Failure to use the design may render it vulnerable to cancellation. Any interested party may apply to the court for the cancellation of the design registration on grounds specified under Article 39 of Law No. 6 of 2006 

🌍 International Protection

Bahrain is not a member of the Hague Agreement Concerning the International Registration of Industrial Designs, so international protection through this system is not available. Protection for industrial designs in Bahrain must be obtained through national registration .

⚖️ Enforcement and Legal Remedies

Registered design owners in Bahrain have the right to take legal action against infringement. Remedies include:

Injunctions: Court orders to stop infringing activities.

Damages: Compensation for losses suffered due to infringement.

Account of Profits: Recovery of profits made by the infringer from the unauthorized use of the design.

Criminal Offenses: Design infringement may constitute a criminal offense under Bahraini law, with penalties including imprisonment for a period of no less than three months and no more than one year and/or a fine of no less than BHD 500 and not exceeding BHD 2,000 .

✅ Summary

Governing Legislation: Law No. 6 of 2006 on Industrial Designs and Models.

Registration Authority: National Patent Office, Ministry of Industry and Commerce

Application Process:

Submit application with required documents.

Examination and publication.

Issuance of registration certificate.

Duration:

Initial protection: 10 years.

Renewal: 5 years.

Late renewal: Within 6 months after expiry.

Use Requirement: Failure to use may lead to cancellation.

International Protection: Not available through the Hague Agreement.

Enforcement: Legal actions available for infringement.

 

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