Balancing the Inventors' Interest against the Public Interest: The Case of the Patent Law of Qatar

AuthorMohamed Salem Abou El Farag
PositionAssistant Professor of Commercial Law, College of Law, Qatar University and Cairo University
Pages233-247
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233
Balancing the Inventors’ Interest against the Public Interest: The Case of
the Patent Law of Qatar
Dr. Mohamed Salem Abou El Farag
Assistant Professor of Commercial Law
College of Law
Qatar University and Cairo University
Mohamed.salem@qu.edu.qa. ;
Mohamed.salem1@yahoo.co.uk
Abstract: In co mpliance with its obligations under the World Trade Organisation, Qatar
issued new laws on intellectual property. With the rapid development of the country’s economy, a
patent regime has, undoubtedly, become a critical issue. This paper examines Qatari patent law
(Law No. 30/2006). It goes on to argue that although the law contains some measures aimed at
protecting the public interest, the law does not go far enough and appears to fall short of
international aspirations
©2012 Mohamed Salem Abou El Farag .P ublished by JICLT. All rights reserved.
1. Introduction
As a member of the World Trade Organisation (WTO), Qatar was under an ob ligation to issue new laws on
intellectual prop erty (IP).1 This culminated in the issuance of a number of laws concerning the protection and
enforcement of intellectual property rights (IPRs).
2
The law pertaining to patents protection was issued and
came into force in 2006 (Law No. 30).
3
This paper briefly describes the backgro und to patent law, then explores the provisions in Qatari patent law
and evaluates, in depth, the measures devoted to protecting the public interest. The paper then goes o n to suggest
that this public interest is not protected enough by this law. A number of recommendations are proposed that are
regarded as essential if Qatari legislators wish to realise their visio n of public interest protection, before
concluding with overall arguments and emphasising the need for r eform.
2. Background
A patent is the government’s grant of exclusive rights on an invention, which is a product or a p rocess, for a
limited amount of time, normally twenty years. Exclusive rights mean that the inventor, once the patent is
granted, is able to exclude others from commercially exploiting the inventio n throughout the life of the patent.
4
Many thanks to Dr. Jon Truby, Dr. Francis Botchway and James Wilson for t heir helpful comments on earlier drafts of this
paper.
1
Qatar has been a member of the World Trade Organisation since January 13, 1996. For more details, see
http://www.wto.org/english/theWTO_e/countries_e/qatar_e.htm> [accessed on June 19, 2011].
2
Some o f these laws came into effect in 2002, such as Law No.7 of 2002 on the protection of copyright and neighbouring
rights, and Law No. 9 of 2002 on trademarks, trade data, trade names, geographical indications and industrial designs and
models, while others came into force in 2005 such as Law No. 5 of 2005 on the protection of trad e secrets, and Law No. 6 of
2005 related to the protection of layout designs of integrated circuits.
3
Decree Law No. 30 for the Year 2006. The implementing regulations of the law have not been issued yet.
4
As it will be later emphasised, the right which patents accord “is to prevent all others - not just imitators, but even
independent devisers of the same idea- from usin g the invention for the duration of the patent”, William Cornish and David
Llewelyn, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights, 5
th
Edition (London: Sweet & Maxwell,

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