Patents Laws in Syria
Patent law in Syria is governed primarily by the country's Industrial Property Law, which regulates the protection of inventions, trademarks, industrial designs, and other intellectual property rights. Here's a summary of the key aspects of patent law in Syria:
1. Legal Framework
Primary Legislation: Legislative Decree No. 47 of 1946 (Industrial Property Law), as amended.
Governing Authority: Directorate of Protection of Commercial and Industrial Property under the Ministry of Internal Trade and Consumer Protection.
2. Patentability Criteria
To obtain a patent in Syria, an invention must:
Be novel (not disclosed anywhere in the world before the filing date),
Involve an inventive step (non-obvious to a person skilled in the art),
Be industrially applicable.
Non-patentable inventions typically include:
Discoveries, scientific theories, and mathematical methods,
Schemes, rules or methods for doing business,
Medical treatments or diagnostic methods for humans or animals.
3. Patent Term and Rights
Duration: 15 years from the date of filing, renewable for 5 additional years under certain conditions.
Rights: The patent holder has the exclusive right to make, use, sell, or license the patented invention in Syria.
4. Application Process
Applications must be filed with the Syrian Patent Office.
Documents typically required:
Patent application form,
Description of the invention,
Claims,
Abstract,
Drawings (if any),
Power of attorney (notarized),
Priority document (if applicable).
5. Examination and Publication
Patent applications are examined for form and substance.
If granted, the patent is published in the official gazette.
Opposition can be filed within a specified period after publication.
6. International Treaties
Syria is a member of several international IP treaties, including:
Paris Convention for the Protection of Industrial Property,
World Intellectual Property Organization (WIPO).
However, Syria is not a member of the Patent Cooperation Treaty (PCT). This means international patent applications (PCT filings) do not automatically extend to Syria.
7. Enforcement and Infringement
Patent owners can enforce their rights through civil litigation.
Infringement may result in damages or injunctions.
Customs and administrative remedies may also be available.
8. Challenges
Due to ongoing conflict and instability, enforcement and administrative processes can be inconsistent or delayed.
Intellectual property infrastructure may be under strain.
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