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Enforcement of IPRs in Qatar


Enforcement of IPRs
Drugs and medicines most often face counterfeiting and piracy in Qatar.
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
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.
All proceedings and supplementary documents must be in Arabic.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions -
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Other civil remedies include closure of the infringing enterprise for a period of not less than 15 days and not exceeding 06 months.
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.
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
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.
Criminal prosecution in Qatar is time-consuming.
ADR has recently become available in Qatar; however, to date, ADR is not being used in patent disputes.
After a civil suit has been filed, imprisonment of 01 year and fine not exceeding 10,000 riyals can be imposed.
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.
The goods are released from detention if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Court proceedings
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.