Industrial Designs Law in Syria

In Syria, industrial design protection is governed by Law No. 8 of 2007, which pertains to the protection of trademarks, geographical indications, and industrial models and designs. This law provides a comprehensive framework for the registration and enforcement of industrial designs in Syria.(SABA IP)

🛡️ Legal Framework

Governing Legislation: Law No. 8 of 2007 on the Protection of Trademarks, Geographical Indications, and Industrial Models and Designs. (SABA IP)

Implementing Regulations: Issued on March 12, 2007, these regulations detail the procedures and requirements for the protection of industrial designs and models. (Wipolex)

International Treaties: Syria is a member of the Paris Convention for the Protection of Industrial Property, allowing designers to claim priority for their designs filed in other member countries within 6 months of the initial filing. (WIPO)

📝 Protection Criteria

To qualify for protection under Law No. 8 of 2007, an industrial design must meet the following criteria:(SABA IP)

Novelty: The design must be new and not have been disclosed to the public anywhere in the world prior to the filing date.

Distinctiveness: The design should have external characteristics that distinguish it from other known designs and models.

Industrial Applicability: The design must be capable of being used in industry.

Exclusion of Certain Elements: The design should not contain words, letters, or numbers unless they are essential parts that cannot be removed. (Wipolex)

📄 Registration Process

The process to register an industrial design in Syria involves the following steps:

Application Submission: Submit an application to the Protection Directorate, including:(Wipolex)

A completed application form.

Representations of the design (drawings or photographs).

A brief description of the design's features.

The appropriate class and sub-class under the Locarno Classification.

Details of any priority claim.

The application fee.

Examination: The Protection Directorate examines the application to ensure compliance with formal requirements and checks whether the design meets the criteria of novelty and distinctiveness.(WIPO)

Publication: If the application complies with the requirements, the design is published, allowing third parties a 90-day period to file any objections. (Kashish World)

Registration: If no opposition is filed or if opposition is resolved in favor of the applicant, the design is registered, and a certificate of registration is issued.

📅 Duration and Renewal

Initial Protection: The protection period for a registered industrial design is 5 years from the filing date.

Renewal: The protection can be renewed for two additional periods of 5 years each, totaling a maximum protection period of 15 years. (Kashish World)

Renewal Process: An application for renewal must be filed during the last year of the protection period. Late renewal is possible within a six-month grace period upon payment of the applicable fees.

⚖️ Enforcement and Legal Remedies

In case of infringement, the owner of a registered industrial design has the exclusive right to prevent unauthorized use. Legal actions can be initiated through the Civil Courts of First Instance and Appeal, and remedies may include:

Injunctions: To stop the infringing activity.

Damages: Compensation for losses suffered due to the infringement.

Seizure of Infringing Goods: Through customs authorities, which have the authority to seize suspected counterfeit goods. (SABA IP)

🌐 International Protection

As a member of the Paris Convention, Syria allows designers to claim priority based on earlier filings in other member countries within 6 months of the initial filing.

📋 Summary Table

Aspect

Details

Governing Law

Law No. 8 of 2007

Governing Authority

Protection Directorate

Protection Criteria

Novelty, Distinctiveness, Industrial Applicability, Exclusion of Certain Elements

Registration Process

Application, Examination, Publication, Registration

Duration

Initial 5 years, renewable for two 5-year terms (total 15 years)

Renewal Grace Period

6 months

Enforcement

Civil Courts jurisdiction; remedies include injunctions, damages, and seizure

International Protection

Available via Paris Convention priority rights

 

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