Legal
basis for applications in Gaza is the Palestinian Trademark and Patent Law of
1938. Trademark protection is obtained by registration. It can also be acquired
by sufficient public recognition.
Trademark Registrar in Gaza
El-Naser Street
El Maquosi
towers, 6th Floor
P.O. Box: 4027
Gaza, Palestine
Tel + 972 8
2874146/9
Fax + 972 8
2874145
Mail
mne_ipd@gov.ps
The
Palestinian territories, the West Bank and Gaza Strip, have separate
jurisdictions with regards to Intellectual Property. The Palestinian trademark and patent laws of
1938 are adopted in Gaza Strip, while the Jordanian laws are adopted in the West
Bank. The two laws are very similar. For obtaining full protection all over the
Palestinian territories, we recommend filing in both jurisdictions.
Palestine
is not a member of any international convention, but abides by the
International Classification of Goods and Services for the Purposes of the
Registration of Marks under the Nice Agreement. A separate application is to be
filed for each class of goods and/or services in each jurisdiction.
Once a trademark application is filed, it is examined as to its registrability. Trademark applications accepted by the Registrar are published in the Official Gazette. There is a 3-month period open for filing opposition by any interested party.
-
Registration validity: 7-years.
-
Renewal validity: 14-years.
Filing A Trademark Application Requirements:
1. A
power of attorney simply signed and sealed with the official stamp of the
applicant Company revealing the exact date of execution. No notarization or
legalization is now required.
2. Five
prints of the trademark for each class of goods.
3. The name, address, nationality and occupation of the applicant.
The
trademark application can be filed with a simple copy of the power of attorney
provided that the original is submitted within two months from the date of
filing; however, the trademarks registrar in Gaza is not strict on the
submission of the original power of attorney insofar as the simple copy of the
same is submitted.
Time frame:
-
The approximately Time Frame from filing up to
registration is from 18 to 24 months.
Renewal of Trademark Registrations:
-
A power of attorney simply signed and sealed
with the official stamp of the applicant company. No notarization or
legalization is now required.
-
The trademark number and class and date of the
registration.
The
trademark renewal application can be filed with a simple copy of the power of
attorney provided that the original is submitted within two months from the
date of filing; however, the trademarks registrar in Gaza is not strict on the
submission of the original power of attorney insofar as the simple copy of the
same is submitted.
Recordal Change of Name/Address Requirements:
-
A power of attorney simply signed and sealed
with the official stamp of the new name and/address. No notarization or
legalization is now required.
The
change of name/address recordal can be filed with a simple copy of the power of
attorney provided that the original is submitted within two months from the
date of filing; however, the trademarks registrar in Gaza is not strict on the
submission of the original power of attorney insofar as the simple copy of the
same is submitted.
Recordal of Assignment Requirements:
-
A power of attorney simply signed and sealed
with the official stamp of the new name and/address. No notarization or legalization
is now required, which should be submitted at the time of fling the change of
name/address application and on the payment of the official recordal fees.
-
A notarized deed of assignment.
Agency Agreements Requirements:
-
A Power of Attorney legalized up to the
Palestinian Consulate. Notarization is acceptable, if a Palestinian Consulate
is not available.
-
An Agency Agreement executed by the Principal
and the Agent, legalized up to the Palestinian Consulate and a certified
translation if not in Arabic.
Once
a patent application is filed, it is examined as to compliance with the
formalities and patentability provided for under the patent law. A separate
application has to be filed in each jurisdiction. The Patent Office may require
whatever amendments necessary to bring the application into conformity with the
law. In the event the applicant does not comply with the requests of the Patent
Office within a given grace period or as authorized by the Registrar of
Patents, the Registrar will refuse the application.
An
applicant is entitled to appeal against the Registrar's request by means of
submitting a petition to the High Court of Justice within one month as of the
date of the Registrar's decision. Approved applications are published in the
Official Gazette and are open to public inspection. Any interested party may
oppose the grant of a patent within 2 months from the date of publication. The
opposition notice is submitted to the Registrar of Patents. Should no
opposition against the grant of a patent be filed, a decision granting the
patent will be issued. The letters patent is granted after payment of the
prescribed fees.
Filing Requirements:
1. Power
of attorney, simply signed.
2. Patent
Form No. 1 signed by the inventor(s) as applicant(s) or jointly with the
applicant(s) if different, notarized.
3. Three
copies of the specifications in English, with Arabic translation.
4. Three
sets of formal drawings.
Documents
1, 2 and one copy of the specifications with the Arabic translation must be
submitted at the time of filing. Items 3 and 4 may be filed within 3 months
from filing date.
Validity:
A
patent is valid for 16 years from the date of filing the application. Such
validity is subject to the payment of the prescribed renewal fees, which should
be paid before the expiration of the fourth, eighth and twelfth years from the
filing date or the convention filing date in case of priority applications.
ANNUITIES:
A
maintenance fee is due annually on the anniversary of the filing date and is payable
before the expiration of the 4th, 8th, and 12th years as from filing date.
There is a 3-month grace period for late payment with a surcharge.
Designs
are protectable through registration with the competent office. A separate
application has to be filed in each jurisdiction. Design applications accepted
by the Registrar are published in the Official Gazette. There is a 2-month
period open for filing opposition by any interested party. Such a registration
is effected without any novelty examination at the applicant's responsibility.
Filing Requirements:
1. Power
of attorney simply signed by the applicant.
2. Three
sets of specimens or representations of the design.
3. The
name, business, nationality and address of the applicant.
4. The
class (es) in which the design is to be registered.
5. The
article(s) covered by the design and the material used in producing these
items.
6. A
description of the design pointing out its novel aspects.
RENEWAL:
-
It is permitted under the above jurisdiction to
file the renewal application for two consecutive terms of 5 years each.
N.B:
-
Design applications accepted by the Registrar
are published in the Official Gazette. There is a 2-month period open for
filing opposition by any interested party. Such a registration is affected
without any novelty examination at the applicant’s responsibility.
NO LAW GOVERNING COPYRIGHTS EXIST