Review of Bahrain’s Intellectual Property Framework to Combat Counterfeiting and Illegal Competition Under International Agreements
Dr. Khalid M. Al Dweri
Associate Professor – Civil Law – Kuwait International Law School
Dr. Qais K. S. Maaitah
Assistant Professor – Commercial Law – Applied Sciences University – Bahrain
Abstract:
Intellectual property rights include patents, copyright, trademarks, trade dress and others. The main objective of the current paper is to critically analyze the laws pertaining to IP rights improve its legislative framework to combat online counterfeiting. The analysis found eight local laws related to intellectual proprietary in Bahrain and twelve international agreements with different bodies. These laws were analyzed through a thematic analysis where four main themes emerged: Trademark, copyright, patency, and design.
The analysis and discussion are based on these themes. The analysis suggests that focus is given on trademarks with three comprehensive laws locally implemented laws with one implemented, while design related laws are two and patency and copyrights have one each. The analysis concluded that Bahrain judiciary system totally abides the autonomy, contracts, or agreements of the parties under the signatory member of the foreign laws and extended local laws in the matter of subjectivity and regulations.
The efforts made by government to reduce the problems and implementation of intellectual property rights with no reports of significant violations of U.S patents and trademarks in Bahrain. However, the link between trademarks, unfair competition and consumer protection are vividly existing. The need for filling the legislative gap between the earlier legislations should established for protecting the consumer protection right as well as creating a fair practice of the economy turnover for IP holders.
Keywords: Commercial law, Patent, Trademarks, Consumers protection, Protection of Copyright, Industrial Designs and Models