Intellectual Property Center
State of Qatar
- Section 1: General
- Section 2: Private and/or non-commercial use
- Section 3: Experimental use and/or scientific research
- Section 4: Preparation of medicines
- Section 5: Prior use
- Section 6: Use of articles on foreign vessels, aircrafts and land vehicles
- Section 7: Acts for obtaining regulatory approval from authorities
- Section 8: Exhaustion of patent rights
- Section 9: Compulsory licenses and/or government use
- Section 10: Exceptions and limitations related to farmers' and/or breeders' use of patented inventions
- Section 11: Other Exceptions and Limitations
Section 1. General
1. As background for the exceptions and limitations to patents investigated in this questionnaire, what is the legal standard used to determine whether an invention is patentable? If the standard for patentability includes provisions that vary according to the technology involved, please include examples of how the standard has been interpreted, if available. Please indicate the source of law (statutory and-or case law) by providing the relevant provisions and/or a brief summary of the relevant decisions.
Qatar Decree Law No. (30) for the Year 2006 To Issue Patents' Law, Article 2 States[Patents shall be available for any inventions, provided that they are new, involve an inventive step and are capable of industrial application].
Correspondingly, please list exclusions from patentability that exist in your law. Furthermore, please provide the source of those exclusions from patentability if different from the source of the standard of patentability, and provide any available case law or interpretive decisions specific to the exclusions.
Qatar Decree Law No. (30) for the Year 2006, Article 2 which state [It shall not be contradicting with the provisions of Islamic Sharia' (Law), violating the public order, ethics or national security and Article 4 (1),(2),(3).
2. As background for the exceptions and limitations to patents investigated in this questionnaire, what exclusive rights are granted with a patent? Please provide the relevant provision in the statutory or case law. In addition, if publication of a patent application accords exclusive rights to the patent applicant, what are those rights?
Article 9 ,which state [The patent shall allow its owner to exploit the patented invention through making, using, offering for sale, selling, or importing the necessities of legitimate exploitation. No one shall be allowed to exploit the patent without an explicit written permission by its owner.] and for publication Article 8 states [The office, in case of patent acceptance, shall register and announce it in the manner identified by the executive bylaws of the law hereby].
3. Which exceptions and limitations does the applicable law provide in respect to patent rights (please indicate the applicable exceptions/limitations):
Experimental use and/or scientific research;
Prior use;
Compulsory licensing and/or government use.
Section 2: Private and/or non-commercial use
4.-10.
[Note from the Secretariat: the applicable law of Qatar does not provide exceptions related to private and/or commercial use.]
Section 3: Experimental use and/or scientific research
11. If the exception is contained in statutory law, please provide the relevant provision(s):
Qatar Decree Law No. (30) for the Year 2006, Article 4(b) "Subject to the law hereby, patentability shall not include: b) Plants and animals researches, and essentially biological processes for the production of plants or animals other than microbiological processes and its productions.
12.-13.
[Note from the Secretariat: response was not provided.]
14.-15.
There are amendments to the current law.
16. If the purpose of experimentation and/or research is relevant to the determination of the scope of the exception, please indicate what that purpose is:
[Note from the Secretariat: response was not provided.]
17. If any of the following criteria is relevant to the determination of the scope of the exception, please indicate:
[Note from the Secretariat: response was not provided.]
Please explain by citing legal provision(s) and/or decision(s):
Article 4(b) "Subject to the law hereby, patentability shall not include: b) Plants and animals researches, and essentially biological processes for the production of plants or animals other than microbiological processes and its productions.
18.-19.
[Note from the Secretariat: response was not provided.]
20. If the applicable law provides for other criteria to be applied in determining the scope of the exception, please describe those criteria. Please illustrate your answer by citing legal provision(s) and/or decision(s):
Article 4(b) "Subject to the law hereby, patentability shall not include: b) Plants and animals researches, and essentially biological processes for the production of plants or animals other than microbiological processes and its productions
21. Is the applicable legal framework of the exception considered adequate to meet the objectives sought (for example, are there any amendments to the law foreseen)? Please explain:
There are amendments to the current law.
22. Which challenges, if any, have been encountered in relation to the practical implementation of the exception in your country? Please explain:
[Note from the Secretariat: response was not provided.]
Section 4: Preparation of medicines
23.-30.
[Note from the Secretariat: the applicable law of Qatar does not provide exceptions related to the preparation of medicines.]
Section 5: Prior use
31. If the exception is contained in statutory law, please provide the relevant provision(s):
Article 10,stats [Whoever manufactures the patented product uses the patent subject technique or undertakes serious arrangements for such manufacturing or usage within the State before the registration or priority date shall be allowed to carry on such action on the basis of good faith.
32. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
[Note from the Secretariat: response was not provided.]
33.(a) What are the public policy objectives for providing the exception? Please explain:
Article 10, undertakes serious arrangements for such manufacturing or usage within the State .. …etc.… shall allowed to carry on such action on the basis of good faith.
(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:
No references to the legislative history is available now.
34. How does the applicable law define the scope of “use”? Does the applicable law provide for any quantitative or qualitative limitations on the application of the “use” by prior user? Please explain your answer by citing legal provision(s) and/or decision(s):
Article 10 ,[ shall be allowed to carry on such action on the basis of good faith. Such right shall not be assigned or transferred to others except with the other parts of the enterprise].
35. Does the applicable law provide for a remuneration to be paid to the patentee for the exercise of the exception? Please explain:
There are amendments to the current law.
36. According to the applicable law, can a prior user license or assign his prior user’s right to a third party?
Yes
37. In case of affirmative answer to question 36, does the applicable law establish conditions on such licensing or assignment for the continued application of the prior use exception?
Yes
If yes, please explain what those conditions are:
Article 10 ,[ shall be allowed to carry on such action on the basis of good faith. Such right shall not be assigned or transferred to others except with the other parts of the enterprise].
38. Does this exception apply in situations where a third party has been using the patented invention or has made serious preparations for such use after the invalidation or refusal of the patent, but before the restoration or grant of the patent?
[Note from the Secretariat: response was not provided.]
39.-41.
There are amendments to the current law.
Section 6: Use of articles on foreign vessels, aircrafts and land vehicles
42.-50.
[Note from the Secretariat: the applicable law of Qatar does not provide exceptions related to the use of articles on foreign vessels, aircrafts and land vehicles.]
Section 7: Acts for obtaining regulatory approval from authorities
51. If the exception is contained in statutory law, please provide the relevant provision(s):
Article 15, to apply for a mandatory license, Mandatory license shall be issued by the Minister.
52. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
No case law or relevant decision(s) is available now.
53.(a) What are the public policy objectives for providing the exception? Please explain:
Article 16, Mandatory license to exploit the invention shall not be granted unless the applicant presents the evidence that the patent owner has been notified by the registered mail of the reasons behind applying for a license, and that no agreement has not been reached with him/her within the period prescribed by the executive bylaws of the law hereby.
(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:
No references to the legislative history, parliamentary debates and judicial decisions: available now.
54. Who is entitled to use the exception? Please explain:
Article 15, to apply for a mandatory license, Mandatory license shall be issued by the Minister.
55.-59.
[Note from the Secretariat: response was not provided.]
Section 8: Exhaustion of patent rights
60. Please indicate what type of exhaustion doctrine is applicable in your country in relation to patents:
[Note from the Secretariat: response was not provided.]
If the exception is contained in statutory law, please provide the relevant provision(s):
Article 11, The term of protection available shall not end before the expiration of a period of twenty years counted from the filing date.
If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
[Note from the Secretariat: response was not provided.]
61.(a) What are the public policy objectives for adopting the exhaustion regime specified above? Please explain:
There are amendments to the current law.
(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:
[Note from the Secretariat: response was not provided.]
62.-64.
[Note from the Secretariat: response was not provided.]
Section 9: Compulsory licenses and/or government use
Compulsory licenses
65. If the exception is contained in statutory law, please provide the relevant provision(s):
Article 15,states [Whoever it may concern shall be allowed, after the expiration of three years of patent granting date, to apply for a mandatory license for exploiting the invention under any of the following causes; etc.].
66. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
No case law, or relevant decision(s) available now.
67. What grounds for the grant of a compulsory license does the applicable law provide in respect to patents (please indicate the applicable grounds):
Non-working or insufficient working of the patented invention
Refusal to grant licenses on reasonable terms
Other, please specify: Article 15, impeding the establishment or development of industrial and commercial activities in the State.
68.(a) What are the public policy objectives for providing compulsory licenses in your country? Please explain:
Article 15, impeding the establishment or development of industrial and commercial activities in the State.
(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:
No references to the legislative history, parliamentary debates and judicial decisions: available.
69. If the applicable law provides for the grant of compulsory licenses on the ground of “non-working” or “insufficient working”, please provide the definitions of those terms by citing legal provision(s) and/or decision(s):
Article 15, states[Whoever it may concern shall be allowed, after the expiration of three years of patent granting date, to apply for a mandatory license for exploiting the invention under any of the following causes:
(a) No serious or effective exploitation of the patent throughout a period of three years of granting;
(b) Cessation of exploitation of the invention protected by the patent by the patent holder for two successive years without giving any acceptable reasons to the office;
(c) Refusal by the patent owner to give contractual licensing for exploit.
70. Does the importation of a patented product or a product manufactured by a patented process constitute “working” of the patent? Please explain your answer by citing legal provision(s) and/or decision(s):
Article 10, Article 15,states [However, importing the product shall not serve as legitimate reason] .
71. In case of the grant of compulsory licenses on the grounds of non-working or insufficient working, does the applicable law provide for a certain time period to be respected before a compulsory license can be requested?
Yes
If yes, what is the time period?
Article 15,(a),(b).
72. In case of the grant of compulsory licenses on the grounds of non-working or insufficient working, does the applicable law provide that a compulsory license shall be refused if the patentee justifies his inaction by legitimate reasons?
Yes
If yes, what are “legitimate reasons”?
No definition of ' legitimate reasons' in the law.
73. If the applicable law provides for the grant of compulsory licenses on the ground of refusal by the patentee to grant licenses on “reasonable terms and conditions” and within a “reasonable period of time”, please provide the definitions given to those terms by citing legal provision(s) and/or decision(s):
Article15
74. If the applicable law provides for the grant of compulsory licenses on the ground of anti-competitive practices, please indicate which anti-competitive practices relating to patents may lead to the grant of compulsory licenses by citing legal provision(s) and/or decision(s):
Article 15 (c)
75. If the applicable law provides for the grant of compulsory licenses on the ground of dependent patents, please indicate the conditions that dependent patents must meet for a compulsory license to be granted:
Article 15 (a) No serious or effective exploitation of the patent throughout a period of three years of granting.
76.-77.
There are amendments to the current law.
78. Please indicate how many times and in which technological areas compulsory licenses have been issued in your country:
There are no records for indication.
79. Is the applicable legal framework for the issuance of compulsory licenses considered adequate to meet the objectives sought (for example, are there any amendments to the law foreseen)? Please explain:
There are amendments to the current law.
80. Which challenges, if any, have been encountered in relation to the use of the compulsory licensing system provisions in your country? Please explain:
[Note from the Secretariat: response was not provided.]
Government use
81. If the exception is contained in statutory law, please provide the relevant provision(s):
Article15, [Whoever it may concern shall be allowed, after the expiration of three years of patent granting date, to apply for a mandatory license.
82. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:
No case law, or relevant decision(s) available.
83. What grounds for the grant of government use does the applicable law provide in respect to patents (please indicate the applicable grounds):
Non-working or insufficient working of the patented invention
Refusal to grant licenses on reasonable terms
National security
84.(a) What are the public policy objectives for providing government use in your country?
Articl15, Article 2( ethics or national security)
(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:
No legislative history, parliamentary debates and judicial decisions available.
85. If the applicable law provides for the grant of government use on the ground of “national emergency” or “circumstances of extreme urgency”, please explain how the applicable law defines those two concepts and their scope of application, and provide examples:
There are amendments to the current law.
86. Please indicate how many times and in which technological areas government use has been issued in your country:
There are no available records.
87. Is the applicable legal framework for the issuance of government use considered adequate to meet the objectives sought (for example, are there any amendments to the law foreseen)? Please explain:
There are amendments to the current law.
88. Which challenges, if any, have been encountered in relation to the use of the government use mechanism in your country? Please explain:
[Note from the Secretariat: response was not provided.]
Section 10: Exceptions and limitations related to farmers' and/or breeders' use of patented inventions
89.-100.
[Note from the Secretariat: the applicable law of Qatar does not provide exceptions and limitations related to farmers’ and/or breeders’ use of patented inventions.]
Section 11: Other Exceptions and Limitations
101.-103.
[Note from the Secretariat: the applicable law of Qatar does not provide other exceptions and limitations.]
[End of Questionnaire]
March 2012