What are the causes of counterfeiting and piracy in Qatar?
Which are the goods that most often face counterfeiting and piracy in Qatar?
Drugs and medicines most often face counterfeiting and piracy in Qatar.
Does Qatar have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Qatar for the enforcement of Intellectual Property Rights?
They are as follows:
The Patent Law No. 30/2006
The Decree No. 53/2009 to establish the Centre for the Protection of Intellectual Property Rights
The GCC Patent Law
The Penal Code No. 11/2004
The Customs Law No. 40/2002
The Trade Marks, Trade Names, Geographical Indications, and Industrial Designs Law No. 9/2002
The Copyrights and Related Rights Law No. 7/2002
The Protection of Secrets of Trade Law No. 5/2005
The Protection of Layout Designs of Integrated Circuits Law No. 6/2005
The Electronic Commerce and Transactions Law No. 16/2010
What are the different types of IPRs protected by IPR enforcement in Qatar?
Patents, trademarks, geographical indications, designs, copyright, trade secrets, and integrated circuits are the different types of IPRs protected by IPR enforcement in Qatar. There are no special laws governing pharmaceutical or software patents. The Patent Law No. 30/2006 provides that computer programs are not patentable.
What are the general IPR enforcement obligations in Qatar?
All proceedings and supplementary documents must be in Arabic.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
N/A
Is there any limitation period for filing an infringement action?
Yes
Which of the following IPR enforcement channels is/are available in Qatar?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Qatar?
A) Injunctions -
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Qatar than the ones mentioned above? If yes, then kindly explain in brief.
Other civil remedies include closure of the infringing enterprise for a period of not less than 15 days and not exceeding 06 months.
What is the approximate timeline of civil litigation related to IPR enforcement in Qatar?
Infringement proceedings take approximately 15 months from preliminary injunctions to trial. The decision from a first instance court usually takes between 18 to 24 months.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Qatar? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Qatar for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Qatar corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Courts
B) Imprisonment Term – Max 02 years
C) Monetary Fine – A fine not exceeding 20,000 Qatari Riyals for trademarks and a fine of up to USD2, 750 for patent infringement
Are there any other criminal remedies available in Qatar than the ones mentioned above? If yes, then kindly explain in brief.
Other criminal remedies in Qatar are as follows:
Publication of the judgment in one or more newspapers at the expense of the convicted party;
Confiscation of the equipment and material used in the counterfeiting or imitation and the confiscation of the counterfeit or imitated products, even in the event of acquittal; and
Closure of the infringing enterprise for a period of not less than 15 days and not exceeding 06 months.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Qatar? If yes, then kindly give 2-3 points?
Criminal prosecution in Qatar is time-consuming.
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
ADR has recently become available in Qatar; however, to date, ADR is not being used in patent disputes.
Are border control measures (customs) available in Qatar for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Qatar?
After a civil suit has been filed, imprisonment of 01 year and fine not exceeding 10,000 riyals can be imposed.
Who must bear the costs of customs intervention during enforcement?
It depends on the facts and circumstances of each case since the party that loses in court usually pays the cost of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
The goods are released from detention if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Which are the best practices for enforcement of IPRs in Qatar?
Court proceedings
Are there any risks involved in the enforcement of IPRs in Qatar? If yes, then kindly give 2-3 points.
The courts may not be specialized in IP laws, which can create a hindrance in coming to a rational conclusion. Therefore, it is important that the documents should be rigorously prepared and examined.
