• (230) 4278861, 4260399

Enforcement of IPRs in Bahrain

Bahrain

Enforcement of IPRs
Cheap and attractive pricing and availability in market are the causes of counterfeiting and piracy in Bahrain.
Designer clothes and accessories are the goods that most often face counterfeiting and piracy in Bahrain.
No
Intellectual property rights in Bahrain are protected under the following national laws:
  • The Trademarks Law No. 11 of 2006
  • The Patents and Utility Models Law No. 1 of 2004, as amended by Law 14 of 2006
  • The Industrial Design Law No. 6 of 2006
  • The Designs of Integrated Circuits Law No. 5 of 2006
  • The Copyright and Neighbouring Rights Law No. 22 of 2006
  • The Trade Secrets Law No. 7 of 2003, as amended by Law No. 35 of 2005
Trademarks, Patents, Utility Models, Industrial Designs, Integrated Circuits, Copyright, and Trade Secrets are the types of IPRs protected by IPR enforcement measures in Bahrain.
The proceedings are generally conducted through written Arabic Pleadings. Therefore, it is necessary to prepare paperwork in accordance with the same.
Rights must be registered and enforced in Bahrain under the local laws. The rights holders must work with legal counsel familiar with Bahrain laws to create a solid contract that includes non-compete clauses and confidentiality/non-disclosure provisions.
Yes
Under the Code of Criminal Procedure, the limitation period is 03 years from the date on which the crime was committed. Under Bahraini civil law, the limitation period for claiming damages is 03 years from the date on which the victim becomes aware of the injury and the identity of the person responsible, or 15 years from the date on which the unlawful act was committed (whichever period expires first).
A) Government Authorities - No
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids -
D) Seizures - Yes
E) Destruction - Yes
No
A request can be made to the court based on an agreement between the contesting parties to suspend the court proceedings for a period of no more than 06 months. Therefore, actual determination by court may take longer than a year.
Yes, since there is no specialised court and lack of expertise in IP, the same may be an added hindrance to the language barrier as well.
Yes
Yes
A) Responsible Authority - Courts and Customs
B) Imprisonment Term - 03 months to 01 year for copyright infringement; 01 month to 03 years for trademark infringement
C) Monetary Fine - Between BHD500 and BHD1, 000 for copyright infringement; between BHD100 and BHD100, 000 for trademark infringement
There may be a publication of the judgment in a local daily gazette at the expense of the convicted party.
No
The Bahrain Chamber for Dispute Resolution (BCDR) opened its office for business in January 2010. However, its main emphasis is on disputes in the construction, financial services, and insurance and energy sectors. It may play a role in settling disputes relating to copyright that specifically have an arbitration/mediation clause.
No
Yes
Seizure and destruction of goods are the remedies available under border control measures (customs) in Bahrain.
The rights holder must bear the costs of customs intervention during enforcement.
If an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs then the goods are released.
Criminal court proceedings are the best practices for enforcement of IPRs in Bahrain.
No