Implementing Regulations

Unofficial translation prepared by
Talal Abu-Ghazaleh Translation, Distribution and Publishing (TAGTDP)

The Implementing Regulation of the Trademarks,
Geographical Indications and Industrial Drawings and Designs Protection Law
NO. (8) dated 12/3/2007

Definitions:
 
Article (1)

In the application of the provisions herein, the following terms and phrases shall have the meanings indicated against each:

1. Law: The Trademarks, Geographical Indications, Industrial Drawings and Designs and Unfair Competition Law.

2. Implementing Regulation: The Implementing Regulation of the law.

3. Financial Fees: The due financial fees as per the law.

4. Models: The models stipulated in Article (141) of the law, and all prepared models for that purpose, applications, data, certificates, permits, undertakings and other documents all of which are used in cases applicable in accordance with the provisions of the law.

5. Address: The full address of any party bound by the law or by the implementing regulation to submit the same to the Directorate, and the address of the legal agent selected by the registration applicant for representation purposes. All letters, correspondence and other documents from the Directorate shall be communicated to this address.

6. Property Protection Gazette: The commercial and industrial property protection gazette issued by the Directorate.

7. Paris Convention for the Protection of Industrial Property: The Convention dated 20/3/1883 which Syria acceded in 1939, and amended as per the Stockholm Act of 1967 in which Syria became a member under the Legislative Decree No. 47 for the year 2002.

- Madrid Agreement and Protocol: They are the Madrid Agreement Concerning the International Registration of Marks for the year 1891, and the Madrid Protocol for the year 1989, in both of which Syria became a member as per Decree No. (92) for the year 2004.

- Nice Agreement: It is the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks for the year 1957 and its amendments, in which Syria became a member as per Law No. (37) for the year 2004.


Filing, Publishing, Registering and Determining Marks

Article (2)

1. The Protection Directorate shall be concerned with registering trademarks, receiving all matters related thereto, and undertaking all relevant procedures and activities in accordance with the provisions of the law and this Regulation.

2. The Protection Directorate shall register all procedures and entries related to trademarks, or renewal or amendment of information thereof, keep the necessary records, and issue all certificates, letters and correspondences necessary for such activities.

Article (3)

1. An application for registration of a mark shall be submitted to the Protection Directorate in Damascus or to any of its departments in the governorates authorized to receive applications, by decision from the Minister, on the form prepared thereof by the concerned person as per the provisions of Articles 11 & 14 of the law, or his authorized agent subject to the designated fees on the application for registration.

2. The application may be submitted by registered mail directly to the Directorate or electronically by a decision from the Minister at the recommendation of the Protection Director.

3. The date and time of receiving the application by the Directorate shall be the approved date of the application for registration.

Article (4)

1. The application for registration of a mark shall not require approval of any other competent authority.

2. Entering a mark into the Directorate records may not be interpreted as allowing its owner to produce, trade, import, or export the goods for which the mark is registered, if undertaking such requires obtaining licenses or approvals from competent authorities.

Article (5)

a) All trademarks affixed on goods and services of a national origin that are produced and circulated in the Arab Republic of Syria shall be transcribed in Arabic alphabets. A trademark may contain foreign alphabets along the Arabic alphabets that are equal in font size.

b) Trademarks transcribed in foreign alphabets may be affixed only on the hereunder goods regardless of the origin of the product whether national or otherwise:

1. Goods and services produced in Syria and exported without being offered for circulation in Syria.

2. Marks affixed on goods and services produced outside Syria, but are entered and circulated within the country, provided that the country of origin is determined.

c) Goods and services produced or provided in Syria under a license from a foreign mark owner, on which the foreign mark may be affixed as it is without modifications, but added thereto is the phrase “manufactured or packed in Syria by the licensee under a license from the grantor Company thereof”.  The aforementioned phrase shall properly be imprinted in Arabic on the package unsusceptible to obliteration or removal.

d) Registration or renewal of trademarks that do not meet the provisions of this Article shall not be accepted.

Article (6)

The application for registration must include the hereunder information:

1. The applicant’s name, last name, nationality, address, and correspondence address. If the applicant is a legal person, his full name, legal status, nationality and correspondence address in Syria must be mentioned.

2. The agent’s name, last name, address, place of residence, if applicable.

3. Evidentiary documents of the applicant, if the application is not submitted by the applicant himself.

4. A concise summary of the mark required to be registered.

5. A photo of the mark required to be registered that is affixed in the place designated thereof on the application form.

6. The goods, products or services on which the mark is to be affixed, indicating the class numbers thereof according to the Nice Classification. Applications shall multiply by the number of classes for which the mark is required to be registered.

7. Any overseas registration in foreign countries of the same trademark, if any.

8. Disclosing whether the mark required to be registered is used by the applicant, or he has an intention to use it within (3) years as of the date of registration.

9. If the application is related to a right of priority, disclosing the name of the country where the initial application was made, number and date of filing, and the name of the applicant.

10. Name of the exhibition where the mark was displayed or declared and the date of official inauguration thereof; if the applicant has obtained a provisional protection certificate.

11. The application for registration shall be signed by the owner or the legal agent, if any. When the application is made by a legal person without an agent; all related documents must be signed by the authorized signatory whose authorization must be verified by means of a legally sealed power of attorney submitted by the legal person.

Article (7)

A) The hereunder documents must be attached to the application for registration:

1. Ten photocopies of the mark required to be registered.

2. The original power of attorney or an authentic copy thereof in case of an agent, with an accredited translation into Arabic if the power of attorney is submitted in a foreign language.

3. The provisional acceptance certificate to exhibitions and markets, if any.

4. If the application is related to a collective mark, the application must be attached with the collective mark utilization system.

5. The granted license of mark use to practice monitoring and examination procedures.

6. A receipt of the application fees.

7. If the application includes one or more foreign words, an accredited translation of the words into Arabic along with their meanings.

8. A document evidencing the priority right, if the applicant wishes to exploit it.

9. Any other documents or information required by the Protection Directorate.

B) The application shall be attached with the mark registration certificate in foreign countries, if any, translated into Arabic.

C) All the above indicated documents must be issued within (6) months of the date of filing the application; otherwise they shall be void, and new acceptable documents shall be submitted.

Article (8)

The class of products, goods, or services shall be determined according to the Nice Classification effective in Syria.

Article (9)

Applications for registration shall be entered into a special marks register as stipulated in Article (13) of the law in sequence order as per the dates of filing thereof. The applicant is granted a relevant certificate on the form designated thereof. The register shall include the following:

1. Name and title of the applicant.

2. Name and title of the agent, if applicable.

3. Number, date, and time of filing the application.

4. The mark required to be registered.

5. Class of products or services.

Article (10)

A page in the marks register set forth in Article (21) of the law shall be allocated for each registered mark. This page must include the following:
 
1. Number, date and time of filing the application.

2. Number and date of registering the mark in the register.

3. Name, nickname, and nationality of the mark owner and his selected domicile in Syria, and the legal form of the legal person.

4. Name, nickname, and address of the agent, if applicable.

5. Goods or services for which the mark is registered, stating the class number according to the Nice Classification.

6. Conditions upon which the mark was registered, if any.

7. Amendments and modifications made after registration.

8. Transfer of the mark ownership, right of utilization or license for use.

9. The mark mortgage or mortgage writing off, or renewal of registration or revocation of registration.

10. Seizure procedures imposed on the mark or revocation thereof.

11. Foreign registrations of the same mark, if applicable.

12. The priority right of the same mark, if applicable.

13. All marks-related records shall be numbered by serial numbers.

Article (11)

A mark shall be registered in the color or colors in which it is submitted. The Directorate may, in case a mark is submitted without color, request from the applicant to determine color or colors of the mark or any part thereof. If the mark is registered without allocation of certain colors, it shall be registered for all colors.

Article (12)

The Protection Directorate shall keep manual and electronic indices by alphabetic order, and shall maintain all types of devices for elements comprising the registered mark.

Article (13)

The Directorate shall examine the application and documents attached thereto to verify that it meets the legal conditions necessary for the validity of the mark, and comparing the same to other marks previously registered or filed for registration, and that the applicant followed all necessary registration procedures set forth herein and in the law.

Article (14)

In case of serious doubts regarding the soundness of the information included in the application or the documents attached therewith, the Protection Director or his representative may call the applicant or his agent for discussion by a written letter to be sent to the address of the applicant or his agent. The Protection Director may ask the applicant directly or through the said means to provide what proves the soundness of such information or documents within a grace period of no more than (3) months as of the date of the request. The application shall be deemed invalid upon expiry of the prescribed period without submitting the required documents.

Article (15)

If a mark contains an element or a statement free of any distinctive feature, or a name that is traditionally given to products, drawings or ordinary photos of products; the Protection Director or his representative shall have the right to suspend the registration, provided such element or statement is assigned.


Article (16)

Prior to publishing the application, the Directorate shall, as per Article (25) of the law, request from the applicant to submit a cliché for the mark, or a photocopy thereof affixed in any form the Directorate deems appropriate. The Directorate shall maintain the cliché or the photocopy thereof for one year which is delivered to the applicant at his request; otherwise it shall be destroyed by the Directorate.

Article (17)

a) All in procedure conditions, including the documents set forth in Article (7) herein, may be completed within (6) months as of the date of filing the application, except the drawing that must be attached to the application upon filing.

b) If the documents are completed within the period provided for in paragraph (a), a delay fee shall be payable for every month in accordance with Article (55) of the law. A part of the month shall be considered a whole month. The application shall be annulled if the prescribed period elapses without submitting the required documents.

Article (18)

Rejecting an application for a mark registration or suspending the acceptance of registration pending conditions or amendments shall be based on a justified decision from the Protection Director or his representative. In all such cases, the applicant or agent must be notified of the decision by a written letter within (30) days as of the date of decision. The notification must include the applicant’s right to appeal the decision before the committee set forth in paragraph (b) of Article (24) of the law, stipulating the dates and procedures of filing the appeal thereof.

Article (19)

The appeal shall be filed in two copies, one of which is an original, on the form designated thereof. The Directorate shall notify the appellant of the session date determined to look into the appeal, and request his attendance before the said committee to provide all evidences and documents.

Article (20)

The competent committee set forth in paragraph (b) of Article (24) of the law shall be formed according to a decision by the Minister, comprising five members as follows:

1. A judge in the rank of a counselor appointed by the Minister of Justice as Head of the Committee.

2. The competent Vice-Minister as a member.

3. Head of the Legal Affairs at the Ministry as a member.

4. Representative of the Chambers of Commerce Union as a member.

5. Representative of the Chambers of Industry Union as a member.


Article (21)

A list of experts in the field of property protection shall be prescribed by a decision from the Minister at the recommendation of the Directorate. The Directorate shall base its selection of experts on the following:

a) The list of accredited and sworn property protection experts at the Ministry.

b) Any person who worked in the field of property protection for no less than three years.

c) Experienced specialists in this field of work for no less than (5) years of the registered agents in the list of Registration Agents at the Industrial and Commercial Property Protection Directorate.

Article (22)

The competent committee shall, at the attendance of the Protection Director or his representative and after inviting the applicant or his legal representative, decide upon the appeal and issue a grounded decision after considering all pleas provided by the appellant within (3) months of receiving the appeal, if applicable. The decision of the competent committee may be appealable before the competent court within (30) days of notifying the appellant with the decision thereof.

Article (23)

Remunerations of the Head and members of the competent committee shall be prescribed by a decision from the Minister at the recommendation of the Protection Director. These remunerations shall be paid from the Directorate Fund stipulated in Article (142) of the law.

Article (24)

All accepted applications satisfying the legal conditions and documents and data set forth in Articles 6 & 7 herein shall be published in the Property Protection Gazette, including the following information:

1. Name, title, nationality and address of the applicant.

2. Name, title, and address of the agent, if applicable.

3. An authentic photocopy of the mark required to be registered.

4. The application’s serial number and date of filing.

5. Goods, services, or products for which the mark is required to be registered, as well as the class number according to the Nice Classification.

6. Any other information which the Directorate deems appropriate.

Article (25)

Any concerned party may oppose in writing to the application for registration of a mark within (90) days of the publication date. The opposition shall be filed with the Directorate in two copies, one of which is an original, on the form designated thereof. The Directorate shall furnish the applicant or his agent with a copy of the opposition under a written letter within (30) days as of the date of filing the opposition.

Article (26)

The applicant or his agent shall supply the Directorate within (30) days as of the date of being notified of the opposition with a written grounded response in two copies; otherwise he shall be deemed assigning the application for the mark registration. The opposing party shall be furnished with a copy of the response within (10) days as of the date of receipt thereof under a written letter.

Article (27)

The Directorate shall issue a grounded decision on the opposition of either accepting or refusing the registration after hearing both parties to the dispute. It may guarantee its decision of acceptance by committing the applicant to whatever it deems necessary to register the mark. In case of the application refusal, the Directorate shall be entitled to half of the paid fees, while the remaining half shall be reimbursed to the applicant.

Article (28)

1. The decision of the Directorate, provided for in Article (27) of the law, may be appealed before the competent committee prescribed in paragraph (b) of Article (24) of the law within (30) days as of the date of notification.

2. If the competent committee supports the Directorate’s decision of opposition refusal, the applicant shall be granted a period of (90) days as of the date of notification to complete all registration procedures; otherwise he shall be deemed assigning the application.

3. The decision of the competent committee shall be appealable before the competent court prescribed in Article (119) of the law within (30) days as of the date of notification.

4. The applicant shall be considered as assigning the application if he fails to make the amendments or comply with the conditions required by the Directorate on the date determined in the notification communicated thereto in this respect, or if he does not object or appeal the Directorate’s decision on the prescribed dates.

Article (29)

If no opposition to the application for a mark registration is filed within (90) days as of the date of publication, the applicant shall complete all registration procedures within (90) days as of the expiry date of the publication period; otherwise he shall be considered as assigning the application.

Article (30)

All international registration applications shall be treated similar to local applications in terms of objective examination, publication and opposition.


Article (31)

a) The Protection Directorate shall grant the owner of a registered mark a certificate within (30) days of entering the same into the Marks Register as per the form designated thereof. The certificate shall include the following information:

1. Number and date of application.

2. Number and date of entering the mark into the Register and a photocopy thereof.

3. Name, title, and nationality of the mark owner, as well as his place of residence in Syria, and the legal form of the legal person.

4. Name and address of the agent, if applicable.

5. Goods and services for which the mark is registered, stating the class number according to the Nice Classification and its amendments.

6. Conditions under which the mark was registered, if any. 

7. Foreign registration of the same mark, if applicable.

8. The priority right of the same mark, if applicable.

b) The mark registration shall be published in the Property Protection Gazette, provided that the publication includes the hereinabove information, except paragraphs 7-8. In addition, the number of the gazette edition in which the application for registration is published shall be indicated.

Article (32)

Any person or his agent may request the Directorate in writing to review the registered industrial drawings and designs, and may also obtain data or extracts thereof or of the entries and other effected commercial actions. The owner of the industrial drawing or design, the assignee and those who prove that they are party to a lawsuit related to the industrial drawing or design may obtain a certified copy of the certificate of registration after payment of the specified fee using the form prepared for this purpose.
 
Article (33)

A copy of the registered mark shall be affixed on the certificate in the space prescribed thereof and stamped by the Directorate seal. The registration certificate shall be signed by the Protection Director or his representative.

Article (34)

If the mark owner wishes to cancel its registration, he or his agent under an official special power of attorney shall submit a written request to the Protection Director or his representative. The Directorate shall issue its decision within (30) days as of the date of submitting the application. The Directorate’s decision to cancel the registration shall be effective as of the date of filing the application.

Article (35)

The owner of the registered mark or his agent may request in writing from the Directorate to enter any amendment by deletion without addition to the product or service classes pertaining the mark on the form designated thereof. The Directorate shall enter this amendment in the Register and publish it in the gazette. This publication shall include the mark’s serial number, name of owner, product or service classes omitted, as well as the edition number and date of the gazette in which the mark registration is published.

Article (36)

After cancelling a mark for any reason or due to non-renewal, it may be re-registered in the name of its owner only within three years as of the date of cancellation as per the same established conditions, situations and procedures of registration, and in exchange for the prescribed fee thereof. After the elapse of the said period, the mark may be re-registered in the name of its owner or a third party for the same products, services or other as per the same established conditions, situations and procedures of registration, and in exchange for the prescribed fee thereof. If the mark is cancelled pursuant to an enforceable judicial ruling of non-priority in the mark registration, it may be registered for any person proved to have priority therein immediately upon cancellation and after notifying the Protection Directorate in return for paying the prescribed fee. The payee of the fees shall have the right to claim the fees from the person proved to have no priority in the registration.

Transfer of Ownership

Article (37)

An application to transfer the mark ownership, change one of its owners or impose a right thereupon from either party to the agreement or his agents, under an official special power of attorney, shall be filed after paying the prescribed fees. The application shall be made on the form designated thereof including the following information:

1. Number and date of the application for registration.

2. The mark, and its number and date of entering into the Register.

3. Number and date of renewal, if any.

4. Name, title, and address of the new owner, or to whom the right is transferred, his trade name, selected domicile in Syria and nationality. If either or both persons are legal persons; their names, addresses, purposes of incorporation and legal forms must be stated.

5. Name and address of the new agent, if any.

6. Name, title, and address of the former owner.

7. Stating the document evidencing the transfer of the ownership or giving rise to any right thereupon.

8. Ownership or right transfer date.

9. Goods and services for which the mark is registered, indicating the class number according to the Nice Classification.

10. Number and date of the paid fees receipt.


Article (38)

All official notarized or legalized documents proving transfer of the mark ownership or giving rise to any right thereupon, shall be attached to the transfer application. The Directorate may request any official document it deems necessary to prove bona fide.

Article (39)

1- The Directorate shall enter the transfer of the mark ownership or the creation of any right thereupon in the Register, stating the name of the new owner, right owner, or for whom the seizure is made, and his profession, address, reason of transfer or right creation, date of registration, and number and date of transfer certificate.

2- In case ownership of the mark is transferred, the Directorate shall grant a relevant certificate to the new owner as per the form designated thereof.

3- The Directorate shall recover the certificate from the former owner. In case the certificate is claimed to be lost, a written declaration is made and signed by the former owner.

Article (40)

A mark mortgage, any in-kind right or an attachment placed thereupon shall be entered into the Register as per the same procedures applicable in ownership transfer thereof. The disclosure of mortgage, attachment or any other in-kind right on the mark shall include the same information stipulated in Article (4) herein.
 
Article (41)

The certificate of mark ownership transfer or creation of any right thereupon shall be published in the Protection Directorate Gazette, provided that the publication includes the hereunder information: 

1. Number and date of the application for the registration of ownership transfer or right creation.

2. The mark and its number, date of registration, and number and date of renewal, if any.

3. Number and date of the mark ownership transfer certificate, or the creation of any right thereupon.

4. Name, title, nationality, and selected domicile in Syria of the mark former owner, and the legal form of the legal person.

5. Name, title, and nationality of the person to whom the mark ownership is transferred or who is entitled to any right thereupon, and the legal form of the legal person.

6. Name and address of the agent, if any.

7. Products or services for which the mark is registered, stating the number of product or service classes as per the Nice Classification.

8. Date of ownership transfer or right creation, and the date of entry into the Register.

Article (42)

Writing off the mark mortgage shall be entered at a request made to the Protection Director or his representative by the mark owner or his agent. The request shall be attached with the documents indicating mortgage expiry.

Mark Renewal
 
Article (43)

The protection period resulting from registration shall be renewed in accordance with the provisions of Articles (34-35) of the law. Renewal applications shall be submitted subject to the prescribed dates thereof in return for payment of a single fee for the renewal application regardless of the number of classes. The renewal application shall be made on the form designated thereof. The applicant shall determine the classes he wishes to renew contrary to the original registration.

Article (44)

The Directorate shall enter what proves the renewal of the mark protection period into the Register. The applicant shall be awarded a relevant certificate for each class in return for payment of the prescribed fee related to each class stated in the mark renewal application.

Article (45)

The mark renewal shall be published in the Property Protection Gazette, provided that it includes the information set forth in Article (31) herein, as well as the date and number of previous registration and the date of the protection period renewal application.

Licensing of Usage

Article (46)

Procedures of ownership transfer or any right created on the mark set forth in Articles (37-42) herein for licensing of usage shall be applied together with any necessary amendment. The license contract or an extract thereof shall include the license’s type, term, and geographical area. The extract of the license contract shall be signed by all parties to the contract.

Article (47)

1. The license shall be amended or cancelled in accordance with the provisions of Article (57) of the law on the form designated thereof. The license amendment or cancellation shall be subject to the provisions of Article (46) herein, in addition to any necessary changes.

2. Cancellation of the license for a mark use shall be entered into the Register as per a request made to the Protection Directorate from the mark owner or licensee or their respective agents. The request shall be attached with the corroborative documents thereof. The license cancellation shall be published in the Property Protection Gazette, along with the number and date of the gazette edition in which the license for use is published.

Article (48)

If the mark required to be registered contains a geographical indication, the provisions of Articles 70-80 of the law shall be observed.

Industrial Drawings and Designs 

Article (49)

The Property Protection Directorate shall be concerned with entering the registration of industrial drawings and designs in the Register designated thereof in accordance with the law provisions and its implementing regulation.

Article (50)

1. An application for an industrial drawing or design registration shall be made to the Directorate, or any of its departments in the governorates authorized to receive applications, by a decision from the Minister on the form designated thereof by the applicant or his agent. The application may be made for a number of industrial drawings or designs, provided that they do not exceed five drawings or designs in each application and they collectively constitute a coherent unit. Fees for each drawing or design shall be paid in full according to the number of drawings and designs.

2. The application may be submitted by registered mail directly to the Directorate, or electronically by a decision from the Minister at the recommendation of the Protection Director.

3. The date and time of receiving the application by the Directorate shall be considered the approved date of the application for registration.

Article (51)

The application for the registration of an industrial drawing or design shall include the following information:

1- Name, title, nationality, residence place and mailing address of the applicant. In case the applicant is a legal person, its full name, legal form, nationality and mailing address in Syria shall be stated in the application.

2- Name, title, and address of the agent, if any, or the capacity of the applicant in case the application is filed by any person other than the owner.

3- The number of industrial drawings and designs to be registered, and the type of goods or products designated thereof, if any.

4- In case the application is related to a priority right, the name of the country in which the first application is filed, along with the application number, filing date and the name of the applicant.

5- The exhibition where the industrial drawing or design is displayed or published, and the date of official inauguration thereof in case the applicant obtains the provisional protection certificate.

6- The application for registration shall be signed by the applicant or by his legal agent, if any. In case the application is filed by a legal person without an agent, the documents shall be signed by the authorized signatory thereof. The signatory shall prove his authorization through a supporting document presented by the legal person and stamped by the seal thereof.

Article (52)

A-The following documents shall be attached to the application:

1- Five colored copies for each industrial drawing or design, in addition to a sample thereof. In case it is impossible to present the sample, it shall be sufficient to submit the copies provided that they are approved by the applicant. A certified copy shall be returned to the concerned party together with the registration certificate while the remaining copies shall be kept by the Directorate.

2- A technical description of the industrial drawing or design to be registered authenticated by the applicant, indicating the external shape of the design only.
3- A receipt of the prescribed fees to file the application for registration.

4- The original copy of the power of attorney or a true copy thereof in case of an agent. In case the power of attorney is submitted in any foreign language, a certified Arabic translation shall be attached therewith.

5- The provisional acceptance certificate for exhibitions and markets, if any.

6- A written undertaking signed and stamped by the applicant, in which he declares that the industrial drawing or design to be registered is of his own design and innovation and it is neither copied nor used before, and he bears the whole legal responsibility thereof.

7- The document indicating the priority right if the applicant wishes to make use of.

8- Any other documents or information requested by the Directorate.

b- The above indicated documents and papers shall be issued within six months as of the date of filing the application; otherwise the document shall be considered void and a new acceptable document shall be submitted.

c- In procedure conditions including the documents stipulated in paragraph (A) in this Article maybe completed within six months as of the date of filing the application, except items 1 & 3, against payment of a delay fine for each month. The part of the month shall be considered as a complete month. The application shall be considered cancelled if the period set forth above elapses without presenting the required documents.

Article (53)

The sheet allocated for the copy of the industrial drawing or design shall include the following information:

1. Name of the applicant.

2. The number and date of the application for the industrial drawing or design registration on the top right side of the sheet.

3. The signature of the applicant or his agent on the bottom right side of the sheet.

The sheet shall not contain any information on the industrial drawing or design or on the products covered by the said industrial drawing or design.

Article (54)

The applications for the registration of industrial drawings or designs shall be recorded in a special register at the Directorate named “Applications Register” by serial numbers according to the time and date of filing. The applicant shall be provided with a relevant document thereof as per the form prepared for this purpose. The Register shall include the following information:

1. Number, date and time of filing the application.

2. Name and title of the applicant.

3. Name and title of the agent, if any.

4. A short description of the industrial drawing or design to be registered.

Article (55)

The Directorate shall keep manual and electronic indices of the industrial drawings or designs for which applications for registration are filed. These drawings and designs shall be indexed as per the international classification standards. An electronic copy of the required drawings or designs should be attached to the application.

Article (56)

The industrial drawing or design shall not contain any words, letters or numbers unless they are essential elements that cannot be excluded from the industrial drawing or design; otherwise it shall be removed.

Article (57)

A special page in the industrial drawings and designs register shall be allocated for each registered industrial drawing or design. The page shall include the following information:

1. Number, date and time of filing the application.

2. Number and date of recording the industrial drawing or design in the Register.

3. Name, title and nationality of the person in whose name the industrial drawing or design is registered, his elected domicile in Syria and the legal form of the legal person.

4. Name, title and address of the agent, if any.

5. The priority right of the industrial drawing or design, if any.

6. The number of industrial drawings or designs for the goods and services covered therein and their description.

7. The conditions imposed by the Directorate for registration.

8. The amendments and entries carried out after registration.

9. All actions taken on the industrial drawing or design including transfer of ownership, mortgage or license for utilization thereof.

10. Attachment procedures levied on the industrial drawing or design or cancellation thereof.

11. Writing off the mortgage or license for utilization.

12. Renewal of the registration in accordance with the law.

13. The name of the exhibition in which the industrial drawing or design is displayed and the date of its inauguration, if any.

14. Provisional protection certificate, if any.

Article (58)

In case of serious doubts regarding the soundness of the information included in the application or the documents attached therewith, the Protection Director or his representative may call the applicant or his agent for discussion by a written letter to be sent to the address of the applicant or his agent. The Protection Director may ask the applicant directly or through the said means to provide what proves the soundness of such information or documents within a grace period of 90 days of the date of the request.

Article (59)

The provisions of Articles 13, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 of this implementing regulation shall be applicable to the industrial drawings and designs together with necessary amendments.

Article (60)

The Directorate shall grant the applicant a certificate evidencing the registration of the industrial drawing or design within a period of 30 days from the date of entry in the special register as per the relevant form, signed by the Protection Director or his representative. The certificate shall include the following information:

1. Number, date and time of filing the application.

2. Number and date of recording the industrial drawing or design in the special register.

3. Name, title and nationality of the industrial drawing or design registrant, his elected domicile and the legal form of the legal person.

4. Name and address of the agent, if any.

5. A list of the products covered by the industrial drawing or design, if any.

6. The conditions under which the industrial drawing or design is registered, if any.

7. Foreign registrations of the same drawing or design, if any.

8. The priority right of the industrial drawing or design, if any.

Article (61)

The owner of a registered industrial drawing or design shall have the right to amend or add to the information without affecting the industrial drawing or design itself. The relevant application shall be presented by the owner or his agent under a special power of attorney thereof.

Article (62)

The protection period resulting from registration shall be renewed in accordance with the provisions of articles 95 & 96 of the law. The specified renewal procedures, dates and payment of the due fees prescribed by the law shall be observed upon filing the renewal application. The renewal application shall be filed on the form designated thereof.

Article (63)

The Directorate shall enter in the Register what proves the renewal of the protection period for the industrial drawing or design. The applicant shall be granted a certificate to this effect on the relevant form after payment of the fees specified by the law.

Article (64)

The renewal of the protection period of the industrial drawing or design shall be published in the Property Protection Gazette which shall include the following information:

1. Number and date of the renewal certificate of the industrial drawing or design.

2. Name of the owner.

3. Name and date of previous registration.

4. Name and date of the renewal application.


Striking off the Drawing or Design

Article (65)

Striking off the registration of a drawing or design shall be recorded on the industrial drawings or designs register and shall be published in the Property Protection Gazette. The publication shall include the following information:

1. The registration number and date of the industrial drawing or design.

2. Name of the owner.

3. Reason and date of the striking off.

Article (66)

Each person may request the Directorate in writing to review the registered industrial drawings or designs, and may also obtain data or extracts thereof or of the entries and other effected commercial actions. The owner of the industrial drawing or design, the assignee and those who prove that they are party to a lawsuit related to the industrial drawing or design may obtain a certified copy of the certificate of registration after payment of the specified fee using the form prepared for this purpose.

Transfer of Ownership

Article (67)

The application for the transfer of the ownership of an industrial drawing or design, changing one of its owners or imposing any material right on it shall be presented by either party to the agreement or his agent under a special power of attorney and after payment of the assigned fees using the form prepared for this purpose which shall include the following information:

1- Number and date of the application.

2- Number and date of registering the industrial drawing or design in the Register.

3- Number and date of the registration renewal, if any.

4- Name, title and address of the new owner or the assignee together with his trade name and elected domicile in Syria and his nationality. In case one or both parties are legal persons, the name address and purpose of incorporation shall be indicated.

5- Name and address of the agent, if any.

6- Name, title and address of the former owner.

7- Stating the document evidencing the transfer of the ownership or giving rise to any right thereupon.

8- Date of the transfer of ownership or creation of the right.

9- Goods and products covered by the industrial drawing or design together with indicating the relevant class for such products.

10- The place where the enterprise or business using or intend to use the industrial drawing or design is located.

11- Number and date of the receipt evidencing payment of the assigned fees.

Article (68)

The application shall be accompanied by the notarized or legalized document proving the transfer of the ownership of the industrial drawing or design or giving rise to any right. The Directorate shall have the right to ask for any official document or paper it deems necessary to prove bona fide.

Article (69)

1- The Directorate shall record the transfer of the ownership of the industrial drawing or design or imposing any right thereupon in the Register together with stating the name of the new owner, the owner of the right, the party to whom the attachment was levied, his occupation, address, the reason for the transfer of the ownership or creating the right, date of entry in the register and the number and date of the certificate of transfer.

2- In case of the transfer of the ownership of the industrial drawing or design, the Directorate shall grant the new owner a certificate to this effect as per the form prepared thereof.

3- The Directorate shall recover the certificate from the former owner. If the former owner alleges loss of the certificate, a written declaration to this effect, duly signed, shall be obtained from him.

Article (70)

The certificate of transferring the ownership of the industrial drawing or design or any right following therefrom shall be published in the Property Protection Gazette, provided that the publication includes the following data:

1- Number and date of the application for the registration of ownership transfer or the right due.

2- Number and date of registration of the industrial drawing or design.

3- Number and date of ownership transfer certificate or the right due.

4- Name, title, and nationality of the industrial drawing or design former owner, and his elected domicile in Syria.

5- Name, title and nationality of the transferee of the industrial drawing or design, or to whom any right therefrom is due.

6- Goods and products covered by the industrial drawing or design together with indicating the relevant class for such products, if any.

7- Date of ownership transfer or the right due and the date of entry in the Register.

8- The place where the enterprise or business is located, to whom the ownership of the industrial drawing or design is transferred or to whom the right therefrom is due. 

Licensing of Usage

Article (71)

Procedures of ownership transfer or any right created on the industrial drawing or design for licensing of usage shall be applied together with any necessary amendment. The license contract or an extract thereof shall include the license’s type, term, and geographical area. The extract of the license contract shall be signed by all parties to the contract.

Article (72)

The license shall be amended or cancelled in accordance with the provisions of Article (104) of the law on the form designated thereof. The license amendment or cancellation shall be subject to the provisions of Article (71) herein, in addition to any necessary changes. The application shall be submitted to the Protection Directorate by the owner of the industrial drawing or design or the licensee, provided that the application is attached with the corroborative documents thereof. The license cancellation or amendment shall be published in the Property Protection Gazette at the expense of the mark owner.

Compulsory License

Article (73)

An application for obtaining a compulsory license to utilize the industrial drawing or design, in accordance with the provisions of Article (97) of the law, shall be submitted to the Directorate on the form prepared for such purposes.

Article (74)

The Directorate shall receive the applications for obtaining compulsory licenses. The applications shall be entered in a special register according to dates of submission in order to be examined by the Directorate.

Article (75)

The Department shall examine the compulsory license applications and verify that they satisfy the procedure and substantive terms therein. The Directorate shall refer its approval on issuing compulsory licenses to the Minister in a memo attached with an opinion letter in accordance with Article (97) of the law.

Article (76)

The compulsory license set forth in Article (97) of the law shall be granted to the applicant, provided that he proves priority in negotiation with the owner of the industrial drawing or design, exerts serious efforts to obtain the voluntary license therefrom, and offers the owner appropriate terms as well as the elapse of a reasonable negotiation period. The following shall be taken into consideration when determining the appropriateness of the terms:

1- Type of the industrial drawing or design.

2- The remaining period of the protection duration.

3- The consideration offered in exchange for the voluntary license.  

Article (77)

The compulsory license shall not be granted except for those capable of utilizing the industrial drawing or design in such a serious manner within the scope and duration determined by the decision granting the license and as per the terms mentioned therein through an existing entity in Syria.

Article (78)

The owner of the industrial drawing or design, for which he was granted a compulsory license, shall be entitled to a fair compensation in return for utilizing the industrial drawing or design to be estimated by a specialized committee formed by the Protection Director. The committee shall take the following into consideration, in particular, upon estimating the compensation:

1- The remaining protection period.

2- Volume and value of the licensed production.

3- Proportion between the product price and the general average income per capita.

4- Amount of required investments for the necessary research for the commercial circulation.

5- Amount of investments required for production.

6- Availability of similar product in the market.

7- Damages caused by the arbitrary or anti competition practices by the owner of the industrial drawing or design. The committee’s estimation of compensation shall be presented to the competent minister to determine the compensation accordingly.

Article (79)

The Directorate shall notify the owner of the industrial drawing or design of the decision of granting the compulsory license, and the decision pertinent to compensation’s estimation under a written letter sent to his elected address.


General Provisions
Priority Right


Article (80)

The application for the registration of a mark, industrial drawing or design shall benefit from the priority right, provided that the following conditions are met:

1- The previous application is filed in any of the countries or parties which are members to the amended Paris Convention for the Protection of Industrial Property, any international multilateral agreement in which Syria is a member, or any country provides Syria with reciprocal treatment regarding the priority right.

2- The previous application is the first application for filing the same mark, with regard to the same products and services, or for filing the same industrial drawing or design, the subject matter of the application filed in Syria.

3- The application is accompanied by a statement showing the date and number of the first application, name of the country where it is filed and name of the applicant. The applicant shall submit within six months as of the date of subsequent filing a legalized copy of the previous filing, issued by the party in the country in which the filing had occurred. The said copy shall be accompanied by an Arabic translation.

Negligence of procedures stipulated in this Article shall result in the lapse of the priority right.

4- The application for priority right is filed within six months as of the date of the first application; otherwise the priority right shall lapse. Determination of priority, upon satisfying the requirements thereof, shall depend on the date of filing the first application.

Provisional Protection of Markets and Exhibitions

Article (81)

1- Whoever wishes to obtain the provisional protection in accordance with Article (107) of the law in relation to exhibitions organized in Syria, shall:

a- Notify the Directorate of his wish to participate in an exhibition prior to holding the same.

b- Prepare the application as per the form designated thereof which shall include the required information supported by a depiction print of the mark, industrial drawing or design.

2- The Directorate may require the applicant to provide any additional information related to the mark, industrial drawing or design, if necessary. As for markets and exhibitions organized in foreign countries, which Syria participates in; the said documents shall be presented to the Syrian representative in accordance with the provisions of Article (108) of the law.

Article (82)

Provisional protection applications filed in accordance with the previous Article shall be entered in a special register at the Directorate, or with the Syrian representative in markets and exhibitions organized in foreign countries. The application shall contain the following information:

1- Name and address of the displaying party or his agent, if any.

2- Name of exhibition, together with its date of inauguration and duration.

3- Products bearing the mark, industrial drawing or design.

4- Date of introducing the products bearing the mark, industrial drawing or design into the exhibition.

Precautionary Measures

Article (83)

Precautionary measures applicable by the law and stipulated for in Articles (122/123) of the law shall be indicated on the page of the mark, industrial drawing or design in the register designated thereof. Lifting such procedures shall be effected under a decision or an enforceable judicial ruling thereof.

Article (84)

1- In case the agent changes one or more registered marks, industrial drawings or designs, an application to this effect shall be filed on the form designated thereof and signed by the owner of the mark, industrial drawing or design or by the new agent after payment of the prescribed fees. The Directorate shall enter the name and address of the new agent in the register of marks, industrial drawings or designs prepared for such purposes.

2- The provisions of Articles (37, 38, 39, and 41) set forth herein shall be applicable to the change of the name or address of the mark owner and all other actions except for changing the agent. Articles (67, 68, 69, and 70) set forth herein shall be applicable to the change of the name or address of the owner of the industrial drawing or design along with any necessary amendment in appellations.


Property Protection Gazette

Article (85)

1- The Directorate shall issue, during the first half of each month, a special gazette called “Property Protection Gazette” provided for in Article (25) of the law. The Gazette shall include the information to be published in the Law and its implementing regulation. The Gazette may also include IP-related articles and materials.

2- The Minister shall issue a decision, at a recommendation by the Protection Director, including all legal, financial, and administrative procedures for publishing this Gazette.

3- The fees of the applications for registration and renewal, amendments, undertakings, oppositions, true copies, reconsideration, prior examination, powers of attorney, and other application forms designated thereof shall be determined by a decision from the Minister at the recommendation of the Directorate. The fees amount of these forms shall be payable to the Directorate.

Assignment of Application

Article (86)

The applicant may ask for canceling his application at any given time without payment of any fees, or assign his application to a third party in return for paying the prescribed fees, provided that the assignment takes place prior to the publication of the application.
 

Agents of Commercial and Industrial Property Rights Registration

Article (87)

1- The provisions of Chapter (6) of the Law with respect to the agents of commercial and industrial property rights registration shall be applicable from Article (143) to Article (146).

2- The committee’s remunerations, provided for in Article (146) of the law shall be determined by a decision from the Minister.

Commencement of Dates

Article (88)

Dates and durations set forth in this Law and this Implementing Regulation shall commence as of the day following their effective date.


Damascus on   /  /1428 A.H.   corresponding to    /  / 2007

 

Minister of Economy & Trade 
Dr. Amer Husni Lutfi


 

 

 


 

Address:

Trade Marks Agencies (Abu-Ghazaleh Intellectual Property - TMP Agents) Talal Abu-Ghazaleh Building - Kafersoseh Villas Organization zone - The Southern Highway

P.O. Box: 31000 Damascus, Syrian Arab Republic
Telephone: +963 11 214 0160 +963 11 214 0161
Fax: +963 11 214 0162
Email: syria@agip.com
Contact: Mohammad Ammar Azmeh (Mr)

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