Industrial Designs Law in Yemen
In Yemen, industrial design protection is governed by Law No. 28 of 2010, complemented by Decree No. 212 of 2011, which provides the implementing regulations for the law. These legal frameworks are administered by the General Administration for the Protection of Intellectual Property under the Ministry of Industry and Trade.(WIPO, Mondaq)
🛡️ What Is an Industrial Design?
An industrial design in Yemen refers to the external ornamental or aesthetic aspect of an industrial product. It encompasses the shape, configuration, pattern, or ornamentation of a product, resulting from lines, colors, or a combination thereof, whether produced by mechanical, manual, or chemical means. The design must be new and distinctive to qualify for protection. (WIPO)
✅ Requirements for Protection
To be eligible for protection, an industrial design must:
Be New: The design must not have been disclosed to the public before the filing date.
Be Distinctive: It should be distinguishable from existing designs and not be a mere reproduction of known designs.
Not Contravene Public Order or Morality: Designs that are contrary to public policy or morality are excluded from protection. (WIPO)
📝 Registration Process
Application Submission: The applicant must submit an application to the General Administration for the Protection of Intellectual Property, including:(Mondaq)
A request for registration.
A representation of the design.
A description of the design.(NJQ & Associates)
The type of industrial product to which the design is applied.(WIPO)
A legalized Power of Attorney.(IP Coster)
A certified copy of the priority document, if applicable. (Al-Kamal IP)
Examination: The application undergoes a formal examination to ensure compliance with the requirements.
Publication: Upon acceptance, the design is published in the Official Gazette.(Mondaq)
Registration: If no opposition is filed within the stipulated period, the design is registered, and a certificate is issued. (SABA IP)
⏳ Duration and Renewal
Initial Protection: The protection term is 10 years from the filing date.(SABA IP)
Renewal: Renewal is not possible under the current law. (SABA IP)
🌐 International Protection
Yemen is not a member of the Hague Agreement Concerning the International Registration of Industrial Designs. Therefore, designs registered in Yemen cannot be protected through the Hague System. Protection in Yemen is solely based on national registrations.
⚖️ Enforcement and Legal Recourse
Design rights holders can enforce their rights through:
Civil Actions: Pursuing legal action in courts for infringement and seeking remedies such as injunctions and damages.
Criminal Actions: In certain cases, criminal prosecution may be pursued for willful infringement.
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