Is Custom Recordal of Intellectual Property Rights (IPRs) available in Qatar?
Is Custom Recordal of IPRs compulsory in Qatar?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Qatar?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Qatar?
The Law No. 17 of 2011 on Border Measures to Protect Intellectual Property Rights 17 / 2011 - forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Qatar.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective only on the import of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
The role of the customs authority is to identify the suspicious goods and detain them until the order of the court directs to act otherwise.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
The rights holder may apply to the Directorate to register all data related to his right, as well as his address in the State in the record allocated for this purpose in the Directorate. A decision by the Minister upon the proposal of Director General of the Directorate shall then define the procedures and registration fee.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The documents to be submitted are as follows:
Documents with evidence of ownership as well as the infringing action and fee receipt
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Qatar by land, sea, and air?
Yes, the customs authority has a centralized system.
Is there an online system for Custom Recordal in Qatar?
What is the official fee for Custom Recordal in Qatar?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Qatar?
In which scenario does the customs department/authority suspend the clearance of imported goods?
The customs authority suspends the clearance of imported goods upon finding that the goods are infringing in nature.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
It depends on the case. If the case favours the applicant, the expense is paid by the infringer and vice versa.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
The customs detain the goods for a certain number of days after which a civil suit has to be filed to continue the detention. The court usually decides within 03 dates from the date of filing.
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
The appellant has to submit to the Registry of the court a cash deposit or bank guarantee equal to the estimated expenses or damages suffered as a result of the infringement as determined by the court. The deposit or guarantee shall be returned to the appellant if a final judgment is issued in his favour.
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The customs intimate the rights holder who is then supposed to file a case in the court for further action.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Yes, failure to join shall result in the release of goods.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Qatar? If yes, then kindly give 2-3 points?
The law does not provide for the destruction of infringing products.
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffic eor any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
Without prejudice to any greater penalty provided by another law, any person convicted of knowingly importing goods that represent an infringement upon any rights under protection shall be sentenced to imprisonment for a term not exceeding 01 year and a fine not exceeding ten thousand riyals, or to either penalty.
*Please note that:
1. The sentence imposed in the preceding paragraph shall be doubled in the case of a recurrence.
2. In all cases, the Court shall order publication of its judgment at the expense of the accused in one or more daily newspapers as well as the confiscation of the goods, which represent an infringement upon any rights under protection.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?