By Mr. Fadi Kardous
Sept. 2002
According to article 89 of the Syrian civil code, some “Intellectual Properties” are included in the code, including:
1- Copyright and Artwork rights, which include the authors’ rights and relative rights.
2- Industrial ownership which include patenting; industrial models and designs; trademarks; commercial names; geographic origins.
In Syria, the Trade-Related Intellectual Property Rights Agreement “TRIPS”, is not applied as the country is not a member of the WTO.
The legislative decree 47 of the year 1946 and its amendments is the basic
and only Syrian code concerning Intellectual Property rights. It deals with
trademarks as follows.
Industrial or commercial trademarks are the distinctive names; signs; seals; stamps; letters; numbers; special carvings. In general, the decree covers all signs used to distinguish the nature and origin of any goods or any agricultural, industrial or commercial product.
Individuals or communities can own trade marks, but subject to the permission
of the authority they may not appear like any national or foreign signs, words,
designs, revolutionary symbols, or any mark that conflicts with the state and
public morals.
Any registration made outside Syria other than under the code is considered unlawful inside Syria.
Inheritance, sale or assignment can transfer trademark on condition of the
notification of the registration’s bureau at the Ministry of Supplies.
Foreigners who want to register their trademarks in Syria are not obliged to be
residents but they have to deputize a resident to do the registration paper work
on their behalf.
The registration period is ten years starting from the date of approval and is renewable after the payment of the fixed fees.
The Syrian civil courts are competent to rule on any dispute between two
trademark owners, which are similar in vision and pronouncing. However, Syrian
companies that do not have the right to registration have registered some of the
well-known trademarks in Syria. Therefore, foreign companies have gone to Syrian
courts to ensure their rights in registering and protecting their trademarks.
Courtesy of Kardous Law Office
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