THE ARABIAN GULF 23 THE PATENT LAWYER THE PATENT In that same period, the region saw the sprouting the region saw that same period, In institutions and prestigious recognized Internationally and Chemicals the Gulf Petrochemicals 2006, In by the development of different sectors. These developments of the development by sectors. different industriescomprise dependent on the oil and that are independent from but also all those that are gas industry, telecommunications, energy, as alternative such this sector trade world are The results tourism and medical. FMCG, and Doha. Dhabi, Abu as Dubai, such and tourist hubs which and Muscat, as Manama cities such addition, In business destinations as preferred imposing themselves are West. bridging East and between and organizations in of new universities numerous and investing degrees advanced providing major cities, of University Abdallah King local research. in advancing of is an example a (KAUST) and Technology Science with highArabia, in Saudi local University, prominent as evidenced by aspirations in education and research, recognized publications in internationally numerous filings in an array ofjournals and patent subject matters. Hopkins, Johns Cornell, Weil as The Sorbonne, such established campuses in and others have Clinic, Mayo academic in agreement with local research, the region, organizations. or investment The association (GPCA) was established. Association industry hydrocarbon in the the downstream represents 250 local and Arabian Gulf over and currently includes managing addition to several In regional companies. the association also the industry, to platforms related manages platforms trade on international and research meetings to The GPCA holds annual and innovation. trade and push relations improve this industry, promote for further local innovation. A quick overview The table on the following page summarizes some relevant and each particulars the regional GCC system to relating national system. country’s A growing and diverse economy Arabian Gulf the the span ofIn 20 years, the past 15 to ofregion has been the scene as witnessed rapid growth, 23 age age P

ith increasing government fees across fees government ith increasing Property Intellectual to relating the board a provide regional IP offices procurement, 18 : 11

Namir Sioufi, from Saba IP, introduces patent protection introduces from Saba IP, Namir Sioufi, potential applicants decide on systems in the GCC to help their preferred route. The Arabian Gulf countries, namely , , Bahrain, namely Arabian Gulf countries, The Patent protection may also be obtained in each country also be obtained in each may protection Patent or the as a whole, evaluating the GCC market When cost effective alternative over individual country over filings, alternative effective cost be a crucialcriterion may for patent Cost available. where time to applicants with for others, budgets; restricted factors key are publication and/or enforceability grant, file their applications. to in deciding when and where W Arab Emirates and the United Arabia, Saudi , , up the Gulf or the Cooperation Council make (UAE) country national patent its own Each has created GCC. a patent which from ministry, under the relevant office, and their national IP laws be obtained pursuant to may regulations. the Ministerial by created via system a regional patent created This latter ofCouncil the Cooperation Council. Arabia. based in Saudi (GCCPO), Office the GCC Patent applications filed pursuant The GCCPO manages patent regulations. and laws the GCC patent to of applicant has the option a patent member countries, or the regional route. either the national routes choosing The goal of to these systems this article introduce is to route. applicants decide on their preferred help potential Expanding patent Expanding into protection Gulf Arabian the 22/8/17

1 t ayou L Saba IP is the oldest and leading IP firm with the throughout offices e: l Résumé Saba IP Sioufi, Namir joined Saba IP in 2012 and currently holds the position of Regional Namir of alongside works a team experts He professional with ofHead Patents. and legal support technical various and provides backgrounds specialized key manage several and his team Namir all Saba IP branch offices. across and strategy recommendations portfolios through pre-filing patent from has participated Global IP conferences in several He and grant. prosecution or a presenter. as an attendee all type and provides African countries, of East and North IP-related Middle and litigation. procurement services including prosecutions, c Namir Sioufi Namir Saba IP CTC Legal Media CTC Legal ti r A

IP a b a S Saba IP Article:Layout 1 22/8/17 11:18 Page 24

THE ARABIAN GULF

Filing to Grant Filing Priority Examination Prosecution Annuities (Years) Conventions/Treaties Deadline Language GCCPO 7-9 None 12 months Yes Arabic/English Prior to grant Bahrain N/A Paris/PCT 12 / 30 months No Arabic Post grant Kuwait N/A Paris/PCT 12 / 30 months No Arabic Post grant Oman 5-7 Paris/PCT 12 / 30 months Yes Arabic Prior to grant Qatar 5-7 Paris/PCT 12 / 30 months Yes Arabic Prior to grant 3-5 Paris/PCT 12 / 30 months Yes Arabic Prior to grant UAE 3-5 Paris/PCT 12 / 30 months Yes Arabic/English Prior to grant

The pharmaceutical industry, driven by the need for access to cheaper Council of the Cooperation Council has yet to submit its instruments healthcare, as well as the need for multinational companies to access to the WIPO, allowing the GCCPO to accede to the treaty in its turn. local manufacturing, is now well established with some key local and The GCCPO accepts patent applications claiming 12-month regional players. The know-how for manufacturing medicines includes priority from the first filing date. This priority claim is provisioned traditional small molecules, biologics, and devices. This know-how is for in the GCC Patent Law, and not pursuant to the Paris Convention extending more and more into expanding R&D locally. since the GCCPO is not signatory to this treaty either. As a result of the rapidly growing markets in this region and the As described in previous paragraphs, the route for seeking protection desire to attract more foreign investments, it is no surprise that the in that region will depend on the applicant’s strategy. If a decision is IP landscape has also witnessed a dramatic improvement. These include made to extend patent protection into all 6 countries, and this is updated IP laws and regulations, as well as accession to international made within the 12-month priority deadline, then the GCCPO offers treaties and agreements. On the one hand, these are designed to several advantages such as: encourage more investments from foreign companies, and on the 1. One set of supporting documents; other hand, to promote local innovation seeking national, regional 2. One translation and formatting for the specifications and drawings; and international exclusivity on new products and processes. 3. One examining and decision making authority; 4. One set of maintenance fees due annually; The Regional 5. Protection in Bahrain and Kuwait where the national offices are In 2016, Kuwait acceded to the Patent Cooperation Treaty (PCT), not issuing patents at this time; becoming the last country of the GCC member states to do so. 6. The overall total cost is lower than filing in the 6 countries separately. Accordingly, all 6 GCC countries are automatically designated in a Unlike the European Patent Office (EPO), all 6 countries are PCT filing with a 30-month entry deadline under both Ch. I and II. automatically designated upon filing, and once granted, the patent Despite all its member countries having acceded, the Ministerial is automatically validated in all 6 countries. The maintenance fees remain to be due to the GCCPO and not to each country. The two main drawbacks for filing a GCC patent application are: 1. The decision has to be made within 12 months from the first filing; 2. The prosecution period may extend up to 10 years and is rarely less than 7. The GCCPO recently renewed and extended its agreement with the Chinese Patent Office (SIPO). Pursuant to the agreement, GCC patent applications are examined either by SIPO or internally, hence the mandatory need for both English and Arabic specifications. Which applications are examined by which authority remains at the discretion of the GCCPO. This latter is growing its capability to eventually handle all examinations internally.

As a result of the rapidly growing markets in this region and “the desire to attract more foreign investments, it is no surprise that the IP landscape has also witnessed a dramatic improvement.

24 THE PATENT LAWYER ” CTC Legal Media