About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Bahrain

BH029

Back

Law No. 16 of 2006 on Amendments to Law No. 16 of 2004 on the Protection of Geographical Indications

 law No. 16 for the year 2006 Amending Law No 16 for the year 2004 On the Protection of Geographical Indica

law No (16) for the year (2006) Amending Law No (16) for the year 2004

On the Protection of Geographical Indications

We, Hamad bin Isa Al Khalifa, the King of the Kingdom of Bahrain

Having reviewed the constitution,

Law No. (16) For the year of 2004, pertaining to the protection of geographical indications;

Law No. (23) for the year of 2005, which ratifies the United States- Bahrain Fee Trade Agreement;

The Shura Council and the House of Representatives have approved the following law which we have endorsed and enacted:

First Article

The following articles shall replace the corresponding Articles (1), (2), (5), (6) of Law No. (16) for the year of 2004, pertaining the Protection of Geographical Indications.

Article (1) On the strength of the law provisions herein stipulated, geographical indications shall mean any sign that may have originated in the territories of a WTO member-state, or in a region or area or location of that region thereof wherein the product quality, good will or other characteristics essentially attributed to its geographical origin.

The geographical indication may a sign or a group of signs in any form like words – including geographical and proper names – alphabets, numbers, miniature elements, color or colors.

Article (2) It is not permissible for any natural or legal person to undertake the following:

1. The utilization of any instrument to designate or display any product that may suggest a geographical origin contrary to its authentic one, and by doing so misleading the public thereof.

2. The use of a geographical indication constituting unfair competition pursuant to provisions of Article no (10 bis) of the Paris Convention for Protecting Industrial Property.

To this effect, the use of a geographical indication in a manner that may form public delusion in terms of the source of the product, even if the indication is literally correct in respect of country, region or territory where the said product was produced.

Article (5) a. The administrative authority competent with industrial

property protection shall set up a register called "Geographical Indications Register" in which it shall record the accepted geographical indications, data pertaining thereto, and all acts affected thereon subject to the provisions of this law, its Executive By-laws and the decisions to be issued to implement it.

Article (6) Without detriment to provisions of the international agreements enacted in the Kingdom of Bahrain, the provisions stipulated in Trademarks Law shall apply to geographical indications pertaining the following: a) Filing a registration application. b)Examination of registration application, accept or reject the

application. c) Opposition to registration. d)Registration cancellation or strike-off. e) Transfer of the geographical indication ownership, licensing its

exploitation and imposing seizure. f) Compensating for any infringement on the rights prescribed in

the provisions of this law.

All of which without detriment to provisions of this Law; and to undertake the necessary amendments.

Second Article The phrase “The administrative authority competent with industrial property” shall be replaced with “The administrative authority competent at the Trade Ministry”, and the phrase “Minister competent with Industrial Property” with the “Trade Minister”, wherever stated in articles of Law No. (16) f the year 2006, on the protection of geographical indications.

Third Article A new article to be named Article (5 bis) shall be added to Law No. (16) for 2004 on the Protection of Geographical Indications, stipulating the hereunder:

Article (5 bis) The geographical indications shall not be registered nor enjoy the protection as per the following:

A. If the geographical indication bona fide most probably cause delusion with a trademark that is subject-matter of a registration application or a pending registration application

B. If the geographical indication would most probably constitute public delusion with an already existing trademark of which rights were acquired by use, bona fide, in the Kingdom

C. If the registration of a geographical indication as a trademark was not permissible pursuant to provisions of the Trademarks Law.

Fourth Article Clauses (e) and (f) of Article (9) of Law No (16) for 2004 pertaining to the protection of geographical indications shall be deleted.

Fifth Article The Ministers, each in his own capacity, shall implement provisions of this law, which shall come into effect as of the next day following the publication thereof in the Official Gazette.