Provisional Law No. 71 of 2001 Amending the Patent Law

01 Dec 2001

Article 1:
This Law shall be called (Amending Patent Law of 2001) and shall be read in conjunction with Law No. 32 of 1999, referred to herein as the Basic Law as one Law; it shall be effective thirty days after the date of publication in the Official Gazette(*).

Article 2:
Article (4), paragraph (f) of the Basic Law shall hereby be cancelled.

Article 3:
Article (5), paragraphs (C) and (D) of the Basic Law shall hereby be cancelled and substituted by the following text:

C- To the benefit of the employer, if the invention conducted by the employee during his employment relates to the activities or business of the employer, or if the employee did not use in his attempt to conduct his invention the experiences, business, information, instruments or articles of the employer under his own disposal, unless otherwise agreed upon in writing.

(*) This Provisional Law was published in the Official Gazette No. 4520 dated December 2,2001

D- To the benefit of the employee, if the invention conducted, is not related to the activities or business of the employer, and the employee did not use in his attempt to conduct this invention the experiences, information, instruments or raw materials of the employer, under the employee’s own disposal, unless otherwise agreed upon in writing.

Article 4:
Article (6) of the Basic Law shall hereby be cancelled.

Article 5:
Article 22 of the Basic Law shall hereby be amended as follows:

First:- The addition of the word “exclusively” after “the following cases” at the beginning of the Article.

Second:
Treating the content of paragraph (B) of the Article as item (1), and adding item (2) which reads as follows:

2- For the purposes of item (1) of this paragraph, and without prejudice to the provisions of the relevant International Conventions, the importation of the subject goods of the patent to the Kingdom shall be deemed utilization of the patent.

Article 6:
Article (25)
of the Basic Law shall be cancelled and substituted by the following text:

Article 25:
The provisions and procedures related to licensing utilization of patents shall be prescribed pursuant to regulations to be issued for this purpose.

Article 7:
Article (37) of the Basic Law, paragraph (A) shall hereby be amended by treating the content of the article as paragraph (A) and the addition of paragraph (B) which reads as follows:

(A) Notwithstanding the content of paragraph (A) of this Article, and without prejudice to the provisions of the relevant International Conventions, the goods covered by a patent of invention may not be imported by any person licensed by the patent owner, if the licensing contract prohibits him from importation to the Kingdom, provided that the patent owner notifies the Customs Administration and the Registrar in this respect in writing. The Registrar shall, at the expense of the patent owner, publish this notification in at least one local daily newspaper. The governing legislations shall apply to this case.

October 9, 2001
Faisal Bin Al-Hussein



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