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German Legal Expertise in the Middle East since 1981

Qatar – Accession to the Patent Cooperation Treaty

Guiding Principle

Qatar
(QA) became the 143rd Patent Cooperation Treaty “PCT” Contracting State on 3 May 2011 and the PCT will enter into force in Qatar on 3rd August 2011.

On 3rd May 2011, Qatar deposited its instrument of accession to the PCT and on 3rd August 2011 will become bound by the PCT. Consequently, any international application filed on or after 3rd August 2011 will automatically include the designation of Qatar.

The Patent Cooperation Treaty has now a total of 143 contracting member states from our region, including: Algeria, Bahrain, Cyprus, Egypt, India, Libya, Morocco, Oman, Sudan, Syria, Tunisia, Turkey and the United Arab Emirates.

With the accession to the PTC Qatar will be now bound by the Treaty and consequently any “international” patent application may include the designation of Qatar under its country code “QA”. In this regard Qatar will be bound by Chapter II of the PCT and will automatically be elected in any demand filed in respect of an international Application filed on or after 3 August 2011. Furthermore, nationals and residents of Qatar will be entitled, as of 3 August 2011, to file international applications under the PCT.

The instrument of accession declares that, pursuant to Article 64(5) of the Patent Cooperation Treaty, Qatar does not consider itself to be bound by the provisions of Article 59 of the Treaty. According to Article 59, any disputes between two or more countries of the Treaty concerning the interpretation or application of the Treaty or its regulations which is not settled by negotiation may, by any of the concerned countries, be brought before the International Court of Justice, unless these countries agree on some other method of settlement. Therefore, any dispute between Qatar and any other country of the Treaty, the provisions of Article 59 shall not apply.

With the accession to the PCT Qatari authorities now have to amend the respective laws in order to introduce provisions for the processing of PCT national phase applications. At the same time the Patent Office must be enhanced in order for such patent applications to be received.

It is not yet known when such changes will occur, but we will post any further news once it is forthcoming.

October, 2011 Tareq Jeroudeh
  Meyer-Reumann & Partners -Dubai
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