Act Of 2012 Patenting And Registration Of Assets And Rights Arising From Published And Recorded.

Original Language Title: القانون 18 لعام 2012 أصول منح براءات الاختراع وتسجيلها ونشرها والحقوق الناشئة عن تسجيلها

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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4322&RID=-1&Last=10058&First=0&CurrentPage=3&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Act of 2012 patenting and registration of assets and publish and rights arising from the registration of the President of the Republic based on the Constitution and approved by the Assembly in its meeting dated 07-05-1433 Hijri to Gregorian 29-03-2012.

Issue: section I.. Patents chapter I.. Definitions (article 1), the following words and expressions in the application of the provisions of this law, the meanings next to each of them.



Law: patent law, utility model and design schemes of integrated circuits and undisclosed information.



Regulations: the regulations under this law.



Ministry: Ministry of economy and trade.



Minister: Minister of economy and trade.



Directorate of commercial and industrial property protection Directorate.



Director: Director of commercial and industrial property protection.



The competent Committee: a Committee to consider objections submitted to the Directorate of protection relating to requests for registration of patents and utility models and design schemes of integrated circuits.



Competent court: the court competent to hear cases of commercial and industrial property in accordance with the provisions of this law.



Agent or legal representative: the person appointed or authorized to sign commercial and industrial property rights in favor of his client or authorized according to the provisions of this law.



El Diario: property protection provided for in article 25 of law No 8/ History of 12-3-2007-m.



Patent: a patent or utility model patent as defined in this law.



Paris Convention for the protection of industrial and commercial property: is the Convention of the Syrian Arabic Republic's 20-3-1883 acceded since 1939 and amended by the Stockholm Act of 1967 of the Syrian Arabic Republic acceded to by Legislative Decree No 47/2002.



PCT: PCT is joined by Syrian Arabic Republic under Legislative Decree No/11/date-1-2-2003.



Chapter II. And registration of patents and published



Article (2)



A patent granted in accordance with the provisions of this code for each invention satisfies the following conditions:



1/the industrial applicability.



2/novelty.



3/that represents an innovative step.



Whether the invention related to a product or a process, or both, or a new application to industrial methods.



Definition of the regulations defines requirements for grants.



Article (3)



Granted patent:



/1/inventions whose exploitation compromising national security or public order or morals



Or environmental damage and harm the life or human, animal or plant health.



/2/discoveries and scientific theories and approaches on mathematics, databases, charts, pharmaceutical compositions and constitutions.



/3/plants and animals, whatever the degree of rarity or their oddity and the ways in which biological agents for the production of plants or animals other than micro-organisms and non-biological and microbiological methods for the production of plants or animals.



/4/the designs and rules and curricula related to:



-Purely intellectual activities.



-Economic activities.



-Software.



-Treatment and surgery of the human or animal body and diagnostic methods used in the human or animal body examined these provisions do not apply to lotions and special materials and fixtures used for the purpose of applying one of these methods.



-Organs, tissues and cells, natural biological substances, DNA and genomics.



Article (4)



Without prejudice to the provisions of the laws and international conventions in force in the Syrian Arabic Republic benefit from the provisions of this law, any natural or legal person:



1/from the Syrians wherever his residence.



2/from the Syrians provided has a major centre or place of residence in the Syrian Arabic Republic or be of one nationality of countries acceding to the industrial property conventions in force in the Syrian Arabic Republic.



3/nationals of any Member State of the Arabic League condition of reciprocity.



Article (5)



Special register is set up in the Directorate supported recording patent applications and all data on each exploit and respond to them in accordance with the provisions of this law as set out in the implementing regulation.



Article (6)



1/application patent by the applicant or his representative legally annexed first year fee and does not accept the application unless the fee receipt attached.



2/you can accept online payment of fees and filing electronically upon the decision of the Minister.



3/the Directorate organizes the record deposit stating the date and time of delivery or arrival and payment of the fee and shall give a copy of this record after payment of the fee specified.



4/If registration student non-resident Syrian Arabic Republic it shall appoint a person resident in the Syrian Arabic Republic designee in the filing and registration transactions.



Article (7)



No patent application may contain more than one invention patent ruling is the one set of interrelated inventions that make up an integrated and creative idea if demand more than ten demands protection/allegations/pays an additional fee for each additional protection requirement.



Article (8)



A patent application shall be accompanied by a detailed description of the invention includes:



1/a full statement about his subject and best experienced can execute method for each product and application store methods.



2/technical description to include new elements in a clear manner that storerooms protection.



3/the blueprint of the invention where appropriate.



//If the request relates to microorganisms or genetic resources or traditional knowledge the student has to be disclosed and can request him to deposit live farm of the microorganisms determined by regulations under this law.



/C/in all cases, the student is committed to provide data and complete information on requests that have already been given out for the same invention or related theme as well as the outcomes of the decision on such requests.



/D/all documents should be attached to the request signed by the inventor or legal agent and specify regulations to this law patent application attachments, appointments to be provided and the conditions that warrant the refusal.



Article (9)




The Directorate will cost a student to see the procedure patent terms or modifications if the student did this procedure within three months from the date of the communication of the said concession.



And the student must petition the competent Committee of the Directorate's decision within 30 days from the date of informing him of the decision in accordance with the procedure prescribed by the regulations.



Article (10)



The patent applicant shall submit within three months from the date of filing a request to modify the specification of an invention or engineering drawing with what the amendment and the amendment would not require reasons to affect subjective invention or go beyond what has been disclosed in the original application or claims.



Article (11)



1/the Directorate examine the request and the accompanying documents to confirm the availability of the legal requirements provided for in this law and its implementing regulations and shall complete the formalities including required documentation within a period of three months from the date of application except for drawing and pay a delay for each month month month pane is and the application will be considered void if no completion of formalities required by the end of the said period.



2/the Directorate examine the patent application and its annexes to verify that the new invention and represents an innovative step and industrial application in accordance with the provisions of this law and its implementing regulations and were entitled to use scientific and expert or advanced patent offices within the conventions for that purpose, the applicant shall bear the expenses and fees of the examiners and study commissions.



Article (12)



1/be announcing acceptance of the patent application after the completion of procedures and technical examination and demand remains confidential during that period and be granted a patent by a decision of the Minister or his representative.



Accepted applications are published/2 eligible in the specified format property protection regulations under this law and at the expense of the applicant.



3/each interested party may object in writing to the patent application to the Directorate after the specified fee within six months from the date of publication and the student should inform the Directorate of registration or an agent of an objection during the period of thirty days from the date of receipt and registration student or his agent to provide written response Directorate and explanation to this objection within 30 days from the date of entitlement to object or student registration condescending about his request.



4/resolution Directorate issued a reasoned objection either to accept or reject registration after studying documents submitted by parties to the conflict and listen to organize their presentation and may ensure its acceptance obliging registration student implementation requirements as it deems necessary for registration if the application is denied the right fee Directorate and second half returned to the applicant.



5/resolution Directorate inform the parties to the dispute may appeal the decision of the Department referred to in article 12 of this law before the competent Committee within 30 days from the date of the communication.



6/the Committee's decision is subject to appeal before the competent court within 30 days from the date of the communication.



7/the registration student is effectively dropping his request if it does not implement the requested amendments or conditions Directorate on the date which determines the requested reporting about it or did not object to the decision of the Commission's decision or appeal Directorate within the prescribed deadlines.



Article (13)



Send to the Directorate concerned ministries – defense – Interior – health – environment – copies of patent applications relating to defence or military production or public security, public health or the environment and that have military value health or environmental or security with these requests and attachments within thirty days from the date of approval of the grant of a patent, before setting up the certificate to obtain their identities.



Article (14)



Patent certificates are published in the journal of the Royal protection as specified in the regulations under this Act that contains the order number and date publication and patent number and address and the name and address of the applicant and the name and address of the inventor and a summary of the invention at the expense of student registration.



The Directorate could share patent documents published under joint cooperation agreements in accordance with the procedures specified by the regulations.



Article (15)



The applicant may object in writing to refuse the patent Directorate after the specified fee within 30 days from the date of the communication of the Directorate's decision.



Article (16)



1/resolution Directorate inform the applicant or his agent may appeal against the decision of the Department referred to in article 15 of this law, the competent Committee within 30 days from the date of the communication.



2/the Committee's decision is subject to appeal before the competent court within 30 days from the date of the communication.



Article (17)



Patent registration application is accepted by the registered assets dropped by law if a student did not register or his agent to complete the patent registration procedures and obtain the certificate within one year of the expiration date or the date of acquisition of the judgment in favor of a deterministic class.



Article (18)



Any person after publication of the patent certificate and on documents and without them in the register of patents and any person may obtain from the above image for a specific amount for the Directorate, in accordance with the procedures prescribed by regulations under this law.



Article (19)



1/may register who refused or suspended accepted terms or modifications to object in writing to the Directorate's decision before the competent Committee within 30 days from the date of the communication of the decision in writing and that meet the specified fee.



2/to consider the objections Committee by decision of the Minister as follows:



Designated judge Justice Minister President



Associate Minister members



Director of Member ownership protection



A representative of the Ministry's Legal Affairs don't say his level on the head of a Member



A representative of Syrian inventors Association members



3/the Committee is entitled to make use of appropriate expertise and operational regulation of this Act and determine objections procedures and Compensation Committee members.



4/the Committee decisions are subject to appeal and cannot stop their implementation by decision of the competent court.



5/If the Committee endorsed the decision of the Directorate, this patent may be registered to the student unless upon an injunction issued by a competent court.



6/for Protection Directorate and stakeholders challenge the decision of the competent Committee before the competent court within three months from the date of the report to the Directorate or stakeholders.



Article (20)




Register the property protection Directorate international applications based on the provisions of the PCT and the regulations and national applications and international applications treated determine fees based on the provisions of the Treaty by a decision of the Minister.



Article (21)



Anyone may request in writing prior to detection Directorate of patents registered in no more than one invention or utility model for each request for a specific amount for the Directorate and the Directorate to answer to his request within fifteen days from the date of submission of the application and not the result of any detection Directorate responsibility nor any right of the applicant to the Directorate.



Article (22)



The term of protection of a patent 20 years starting from the date of application for a patent in Syria.



Article (23)



Worth the annual fee, which can range upward from the beginning of the second year until the expiration of patent protection if two years without issue the applicant may demand to stop paying the annual fee until the decision granting the patent, and in this case the payment of the fees have not been paid and you can pay the full fee due at once.



Article (24)



1/the patent entitles the owner the right to exclude others from exploiting the invention bye the way without the consent of the patent holder in particular prevents it from:



A/making the product patent or subject or traded or used or imported or possession for these purposes.



B/the use of home-made substance.



C/product presentation product directly by way of manufacture or trade or substance use or import or possession for these purposes.



2/exhaust the right of the patent owner to exclude others from import or use or sell or distribute product or method covered by patent if he marketed himself or by others in any country outside the Syrian Arabic Republic or licenses to others or was marketing.



3/this is not an attack on the right to the others of the following acts:



A/the work being done in private and non-commercial purposes and work related purposes or scientific research on the environment or climate.



B/the preparation of medicines in pharmacies and individual instant upon the counter and medicines bought in this way.



C/Syria by others in making a product or use the method of making a particular product or serious arrangements unless bad faith before the date of application for patent of another person on the same product or production method and that of others despite a patent right continue to benefit its business only in doing business the same mentioned without expansion and may not waive the right to do business or move this right only with the rest of the facility.



D/indirect uses of the production method of the subject invention to obtain other products.



/Use the invention in the means of transportation or sea or air of one of the Member States or entities in industrial property conventions in force in Syria or Syria's handling of reciprocity in the case of any of these means in Syria temporarily or casual.



And/or by others by installing, using or selling the product during the term of protection to extract a license to commercialize it within the Syrian Arabic Republic not only marketing after the expiry of patent protection.



G/acts by third parties other than the above provided they do not cause serious harm to the normal use of the patent or the legitimate interests of the patent holder.



Article (25)



1/if the employer's failure to pay the annual fee invention certificate before the beginning of each year of the duration of his testimony a grace granted rights falls six months to pay its legally add to delay fee.



2/fall of innocence if they don't pay off their owner with fine annual fee within the time limit provided for in paragraph 1.



3/where fell his innocence according to the text of paragraph 2 to apply within six months after the fall of the patent application in the patent rights and must pay me drawing and eligible fine within 30 days starting from the date of application.



4/the patent rights lapse for non-payment of the annual fee and be in the public domain.



Chapter III.



Rights deriving from the patent



Article (26)



1/the right to prove the innocence of the inventor or the patent rights and a common result if several people who proved their innocence evenly among themselves unless they agree otherwise.



2/If the same invention more than someone travelling from each other it proves right for PW in providing patent application.



3/if apply patent and embezzling from her or the right or is it based on the breach of a contractual or legal obligation, the aggrieved have prompted his eligibility in this application or granted patent before the competent court.



Article (27)



If the inventor and there was a contrary written agreement between the employer and the employee more useful for the inventor, the patent holder is determined according to the following:



/1/back to employer ownership of inventions made by the worker pursuant to contract out work includes innovative mission within his functions or for research and studies and tests mandated employer explicitly.



/2/the other inventions belonged to the worker only if access to the invention may have been by implementing its tasks or working within the employer's activities or knowledge or use of methods, techniques and business data, then the employer may within one year from the date of publication of the patent in the country to fall foul of the working stands in writing his own rights arising from patents or use wholly or partly on working to benefit from a fair price is determined by either the consent or By the competent court.



/3/the name of the inventor in the patent and give the worker the fare on his invention in all cases if they did not agree on that pay had a right to just compensation who cost of disclosure or from the employer in all cases keep invention attributed to the inventor and observe the provisions of the State employment statute number 50 for 2004, as amended.



Chapter IV.



Additional certificates



Article (28)



Certificate holder an inventor or invention right holder to enter each change or alter or add to the original invention regulates deposit record on request additional certificates in the form in which it regulates the record filing patent application and subject to the same conditions.



Article (29)




Additional certificates the same effect as the original certificates when multiple owners, the original certificate of additional certificate held by someone yamhem good all.



Article (30)



If improving the invention has been granted a certificate of registration to someone else, an innovative improvement may not exploit the original invention and on the contrary the other person may not invention inventor to exploit additional certificate detected improvement after the invention unless agreement among stakeholders.



Article (31)



Additional patent protection period begins from the date of application to the Directorate and ends with the expiry of the certificate of innocence to which they relate.



Article (32)



When you override the original patent certificate because her grandmother can stay extra patent certificates valid related requirement continue to pay annual fees for each certificate remains in effect throughout the lifetime of the original certificate if it decides to void.



Article (33)



Additional certificate holder shall be entitled at any time to request conversion to paid invention certificate drawing teams on the year as a new certificate equal to the length of the original certificate.



Article (34)



Must be accompanied by additional certificate request to be accepted with a value of at least the first year and should understand by the word draw first year patent certificate fee for the current year.



Chapter v



Fall of the patent revoked



Article (35)



Dropped the patent becomes public domain in the following circumstances:



1/the expiration of protection.



2/If you do not pay the annual fee due within the time limit.



3/If the inventor did not place within three years from the date of the grant of his patent invention certificate investment position unless he's showing his invention directly on manufacturers who are able to implement his invention and he did not refuse without reason requests to invest his invention under conditions determined by the regulations.



4/waiver patent holder of his rights without prejudice to the rights of others.



5/the judgment obtained peremptory class fall of patents.



Article (36)



1 the patent is void under a judgement obtained peremptory class in the following circumstances:



If a patent has been obtained in contravention of the provisions of this law.



B/If the description of the invention and its designs and its regulations is sufficient to put the invention into the use of practitioners and also additional certificates are null not relating to certificates of origin.



C/If the subject of the invention is beyond the scope of the description given in the application or in the event of the issuance of a patent as a result of fragmented application if its subject beyond the scope of the request.



D/if the claims (claims) is based on the technical description or beyond the description given.



E/if they exceed the scope of the original description amendments to the original request.



/If the invalidity does not affect the patent only partially, only heroes long requests on those reasons.



/2/the patent owners ' rights are published in accordance with the provisions of articles 35/36/in protection of property at the expense of the Department in the manner prescribed by the regulations under this law.



Article (37)



The corresponding product is obtained according to method patented violation under the provisions of this law if the plaintiff in his claim to the corresponding product was obtained by direct use of patent-protected way or has a reasonable effort to detect the method used in production and in this case the Court may order the defendant to prove that the method used to obtain the corresponding product differ from the way the patent protected and owned by the plaintiff and the Court must take into Evidentiary proceedings the defendant's right to the protection of industrial and commercial secrets.



Chapter vi



Transfer of ownership



Article (38)



Transfer procedures are as follows:



1/the patent ownership transfer may be total or partial sale or vacuum or by inheritance or bequest or encumber or report any right in rem by allowance or charge and in accordance with the rules and procedures stipulated in the regulations after the selected graphic.



2/without prejudice to the provisions for the sale of businesses and mortgage not transfer ownership of the patent or encumber or report any right in rem upon the argument only after entry in the register with the Department and upon presentation of the document that identifies the desired procedure documented or certified and are posted on the patent holder's expense in a manner specified in this law and its implementing regulations.



3/the transport are at the request of one of the parties to the agreement or his agent to a particular official during the period (90 days) from the date of the agreement and that late registration requires an additional fee as specified in this law.



4/subject to change the title or name of the owner of the patent or other disposition of the charges in accordance with the conditions provided for in this law and published for each of these actions in protection of property.



5/to the inventor or applicant cancelled at any time without fee or waived to others before publishing under a written summons to the Directorate for payment of the fee specified.



Chapter VII



Compulsory licenses



Article (39)



After the approval of the Directorate granted a Ministerial Committee constitutes the decision of the premier mandatory licenses to exploit the invention and define the Committee the financial rights of patent owner when issuing such licenses in the following cases:



I.. If in the opinion of the Minister, as the case may be, to exploit the invention achieves the following:



1/non-commercial public good purposes and such is to maintain national security, health, environment, food safety and climate.



2/emergencies or extreme conditions.



Compulsory license issued to face cases contained in items 1 and 2 as follows:



A/without prior negotiation with the patentee.



B/or the expiration of a period of time to negotiate with him without reaching an agreement.



C/or display reasonable terms for approval of exploitation without reaching an agreement.



3/to support national efforts in sectors of relevance to economic, social and technological development, the environment and the climate, food and unreasonable prejudice the rights of the patent owner, taking into account the legitimate interests of others.



4/you must inform the patent holder of the compulsory license decision during the period of 15 days in the cases mentioned in items/1/,/3/, at the earliest possible opportunity provided by incoming cases in item 2.




II.. If requested by the Minister of health in cases of patent-protected medicines quantity shortage on the needs of the country or low quality or the extraordinary rise in prices or if the invention of critical medication or chronic illness or intractable or endemic or products used in prevention of these diseases and whether the invention of medicines or the method of production or basic raw materials that go into production or preparation of raw materials needed to produce them and shall in all cases inform the patent holder The decision to grant the compulsory license duration/days.



III. If the patent holder to license others to exploit the invention for whatever purpose of exploitation while showing appropriate terms upon expiration of a reasonable negotiation in accordance with the conditions specified in the regulations.



Applicant compulsory licensing in this case to prove that he had made serious attempts to get the optional license from the patent holder.



IV. If the patent holder to exploit in Syria or in affordable markets knowledge or consent or insufficient exploitation despite four years of the date of the patent application or three years from the date of issuance, whichever is longer and if the patent holder to exploit the invention without reasonable excuse for more than a year.



This can be exploited to produce the product protection in Syria or using the process protected by the patent.



However, if despite any late Directorate articles referred to not to exploit the invention is due to technical or legal or economic reasons beyond the control of the owner of the patent may be granted a six-month deadline to exploit the invention.



V.. If abuse of the patent holder or exercising from innocence to uncompetitive and considered such as:



1/exaggerate the selling prices of products covered by the protection or discrimination among customers as to prices and terms of sale.



2/not to save the protected product on the market or put unfair conditions.



3/the protected item cut or produced in quantity does not meet the proportionality between the energy productivity and market needs.



4/do acts or behaviour adversely affect free competition in accordance with statutory regulations.



5/the use of rights under the law adversely in technology transfer.



In all previous conditions of compulsory licence is issued without the need to negotiate or timeout on receiving his newspaper publishes protection at the expense of the licensee.



And the Department to refuse termination of compulsory licensing if the circumstances that called for denoting continuation or predict recurrence.



Account when assessing compensation due to patent holder damage caused by abusive practices or harmful to competition.



The Directorate may drop patent if, after two years of compulsory licensing that licensing was not enough to offset the negative effects on the national economy because of abuse of patent owner rights or use of non-competitive practices.



Any interested party may appeal the decision to drop the patent before the Ministerial Committee in accordance with the conditions and procedures prescribed by regulations under this law.



Vi. If the exploitation right owner in patented invention are not only exploiting most needed him and was kept to provide concrete technical and technical and economic importance compared to the other that it is entitled to obtain a compulsory license against the other and the other one right in this case.



VII. In cases of inventions relating to semiconductor technology vectors does not grant compulsory license only for non-commercial public good purposes or to address proved to be uncompetitive.



Compulsory licences shall be in the cases provided for in this article in accordance with the conditions and procedures prescribed by regulations under this law.



Article (40)



When issuing the compulsory license:



1/to decide on the request for a compulsory license according to the circumstances of each individual case and to target the local market needs Foundation license.



2/to prove the student compulsory licensing that serious attempts to get a license from the patent holder meeting fair compensation and it failed.



3/the patent holder should have a veto over the decision to grant the compulsory license to others before the Ministerial Committee provided for in article 39 of this law within thirty days from the date of the communication by the issuance of this licence and the Commission's decision is subject to appeal either to the competent court within a period of 30 from the date of the communication in accordance with the procedure prescribed by the regulations.



4/to be a student to obtain a compulsory license or valid unable to exploit the invention in the Syrian Arabic Republic seriously.



5/that the compulsory licence licensee using the invention in the scope and conditions during the term determined by the decision to grant the compulsory license if the compulsory license has expired without the demise of grounds for granting this license renewal Directorate may term.



6/the compulsory license for use on a freshman however the Directorate may grant to others after the approval of the Ministerial Committee provided for in article 39.



7/the patent owner the right to fair compensation for the exploitation of his invention in this estimate of the economic value of the invention and patent owner shall have the right of appeal from the decision of compensation before the Ministerial Committee provided for in article 39 during 30 days from the date of the communication of the decision in accordance with the conditions and procedures prescribed by regulations under this law.



8/ To pass the compulsory license expire however for the Department to decide on their own or at the request of both and after approval by the Ministerial Committee specified in article 39 of this law abolishing compulsory license before the end of its term if the reasons for the continued grant and not likely that these reasons again and follow the procedures stipulated in the regulations.



9/to the owner of the patent may request termination of compulsory license before the end of his term and if still the reasons to get it and no longer likely doing again.



10/to take into account the legitimate interests of the licensee upon termination of compulsory license before the end of its duration.




11/to be of right to cancel compulsory licensing or modify the conditions of its own or at the request of everyone on the approval of the Ministerial Committee provided for in article 39 of this law unless the licensee using the license or if in breach of its obligations under the compulsory license.



Article (41)



The competent Minister may, after approval by the Ministerial Committee referred to in article 39 of this law of expropriation of the patent for reasons of national security and in extreme cases where no compulsory license is sufficient.



Expropriation may be limited to the right to exploit the invention disarmament needs of the State.



At all events be expropriation against just compensation due compensation for Ministerial Committee provided for in article 39 of this law and in accordance with prevailing economic value at the time of the issuance of the decision on expropriation expropriation decision is published in the journal of Royal protection at the expense of the Directorate and be challenging expropriation and Compensation Committee's decision before the competent court within 60 days from the date of notifying the person concerned of the decision the Court decides the appeal expeditiously.



Chapter VIII



License to use



Article (42)



Patent owner authorizes a natural or legal person or more by using innocent third party license does not preclude the use of the patent owner to her unless otherwise agreed in writing, shall not exceed the term of their license to use the patent on the duration of protection.



Article (43)



1/the license contract may not contain any provisions restricting the licensee to unnecessary restrictions to maintain the rights deriving from the patent.



The licensing contract shall contain the following conditions:



A/the scope the geographic area of marketing products protected by a patent.



B/limit the duration of the license to use the patent.



C/oblige the licensee to abstain from any action that would undermine the value of innocence.



The patent owner is entitled to 2/invoke the rights conferred by the patent and enforcement of each licensee exceeds the license terms set forth in paragraph 1 of this article.



Article (44)



1/under conditional license contract groundwork and confirming the validity of signatures from the competent authorities.



2/no license is effective against third parties only after entry in the patent register of the Directorate and after payment of the fee specified.



3/in case of delay sign this contract for a period (90 days) from the date of the license contract is subject to a fee delay and publishes how specified in this law and its implementing regulations.



4/the licensing contract shall contain the conditions that ensure that the owner of the patent quality control.



Article (45)



Licensee may not waive license contract or subcontract licenses unless the license contract provides otherwise.



Article (46)



The patent owner or licensee may request cancellation of licence or amended after proof of termination or dissolution of the license contract cancellation or amendment is published in the journal of Royal protection at the expense of the applicant.



The second door.



The first chapter



Utility models



Article (47)



1/grant utility model patent in accordance with the provisions of this code for every new invention is applicable, but not produced on industrial inventive enough to grant a patent about Bylaw defines the conditions required for grants.



2/for the applicant transferred to request a patent as the patent applicant is entitled to convert his application into a patent application for utility model and boomerang effect of limitation in the case of the date of submission of the original application.



3/for the Department on its own utility model patent application converted into a patent application or vice versa whenever conditions.



Article (48)



The term of protection for a utility model is 10 years, non-renewable, beginning on the date of application for patent for utility model Protection Directorate in the Syrian Arabic Republic.



Article (49)



Deserved draw when applying for patent utility model as worth graduated annual fee increase as from the date of approval of the application until the expiration of the patent.



Article (50)



Special provisions apply to all patents unless by special provision concerning patents utility models with the necessary change.



Chapter II



Infringing on the patent and utility model



Penalties



Article (51)



Without prejudice to the provisions of article 24 of this law or any harsher penalty prescribed under any other law punishable by a fine of not less than two hundred thousand pounds and not exceeding one million Syrian pounds:



1-reduced to trading the subject invention or utility model certificate granted in accordance with the provisions of this law.



2/sold or offered for sale or trade or imported or acquired with the intention of trafficking in counterfeit products, knowing that when the patent or utility model patents issued or about its production methods and the Syrian Arabic Republic window.



3/put not on products or advertising or packaging tools or other statements that belief with a patent or patent of utility model.



4/if redundancy be imprisonment from six months to two years and a fine of not less than 1 million Syrian pounds and not more than two million Syrian pounds, or both.



Article (52)



Each person is bis sentenced under this law by a misdemeanours stipulated either as principal or as a partner during a period of five years following the first rule of peremptory degree earned.



Chapter III



The right of priority



Article (53)



1/the requires of wants to take advantage of the right of priority of an earlier deposit in one of the countries acceding to the Paris Convention for the protection of industrial property or modified in a multilateral international agreement, Syria is a party or a State treated Syria reciprocity in respect of the right of priority must attach to his application a statement indicating the number and date of the deposit and the country name and must submit within three months from the date of the subsequent filing a copy of the earlier filing is authenticated to conform to the original of the Made in the country in which it was translated to Arabic language and deposit certified translations and this action must precede the specified fee business results of transactions provided for in this article, the loss of the right of priority.



2/priority dates are referred to in the preceding paragraph twelve months for patents and utility models, and six months for these dates apply from the day following the date of filing this application.



Third door.



Integrated circuits design schemes



Article (54)




Baldarh means integrated in application of the provisions of this law every product in its final form or in intermediate body includes components alone at least an active component is installed on a piece of insulating material and pose with some or all of an integrated entity links aimed at achieving specific electronic function and schematic design means all three dimensional arrangement intended for integrated circuit manufacturing purposes.



Article (55)



Protected in accordance with the provisions of this law new schematic design of integrated circuits and new graphic design is when was the product of her suit and intellectual effort was not among the common general knowledge in industrial art on employers.



However a new schematic design is if the function components and connected to each new in itself although the ingredients that compose it might fall within common general knowledge to the industrial art on employers.



Article (56)



Not protected any concept or design or technical system or encrypted information could include schematic design integrated circuits.



Article (57)



Design schemes of integrated circuits protection period of ten years starting from the date of acceptance of the Syrian Arabic Republic registration or from the date of first commercial exploitation in Syria or abroad, whichever is earlier.



And the term of protection shall expire in all cases design schemes over fifteen years of design history.



Article (58)



1/application register schematic design of the right holder or of the legal agent to the Directorate and the demand must be accompanied by a photo or drawing of this design and a sample of each integrated circuit was the subject of commercial exploitation and information that shows the electronic job design.



The student may exclude one or more of the design if the parts submitted are sufficient to identify this design and statement.



2/in the Office a register of applications for registration in accordance with the conditions and procedures prescribed by regulations under this law and the worth of every application fee.



3/no admissible if made after the expiration of two years from the date of first commercial exploitation of the design right owner in Syrian Arabic Republic either in or out.



Article (59)



Not permissible without prior written permission of the right owner in schematic design protected by any natural or legal person bye the following acts:



1-copy the complete schematic design or any new part of it either integrated circuit integrated versions or bye another way.



2/the import, sale or distribution of schematic design for trade either in isolation or in an integrated circuit or integral had been merged into an integrated circuit or a component of a commodity.



Article (60) without prejudice to the provisions of protection prescribed in this section any natural or legal person to do without the authorization of the right holder or more of the following:



1/copy or commercial exploitation, which includes import, sale or distribution of an integrated circuit containing a schematic design is protected or a commodity within the integrated circuit manufacture if someone already did not know and was not available to him that knows already that time integrated circuit or article incorporating a protected layout design.



In this case the holder may exchange for fair compensation to the owner of the right to dispose of his stores are protected my goods or goods purchase request after being notified of the right holder in a registered letter accompanied by copy access to the integrated circuit or article in his possession include a design sketch protected.



2/personal use or for the purpose of testing or examination or analysis or education or training or scientific research to design diagram is protected if it resulted in the use of new schematic design innovation innovative have the right to protect him.



3/schematic design innovation is identical to another schematic design is protected as a result of independent efforts.



4/import protected or integrated circuit diagram design produced using schematic design is protected regardless of whether the individual circuit or integrated into a commodity or commodity containing integrated circuit design diagram is protected and that once traded in the Syrian Arabic Republic or abroad.



Article (61)



The Directorate may grant a compulsory license others using schematic design protected in accordance with the provisions of the compulsory license for the patent provided for in articles 39 and 40 of this Act.



Article (62)



Punishable by a fine of $100 000 100 000 $300 000 300 000 ls contravenes the provisions of article 59 of this law.



Article (63)



Considered bis everyone sentenced to one of the offences provided for in this law, a partner or accessory returned and sentenced to another offence of such crimes over a period of five years following the first rule of peremptory degree earned.



Article (64)



In the event of repeat offences punishable by this chapter must be sentenced to from two to six months and it may not be lower than the maximum fine specified in these articles and no higher than twice the redundancy required reduction according to article 63 of this law.



Article (65)



Special provisions apply to all patents unless by special text on the design of integrated circuits diagrams with the necessary change.



Part four



Undisclosed information



Article (66)



Protected in accordance with the provisions of this law, undisclosed information provided with the following:



1/be secret and that that information in aggregate or in configuration which includes its vocabulary is not unknown or non-traded in general industrial art practitioners have the information.



2/to derive commercial value of being confidential.



3/that rely on confidentiality to its lawful possessor of effective action to preserve them.



Article (67)



1/established by extending the provisions of this law to undisclosed information which was the fruit of great efforts which are submitted to the competent authorities at their request to allow the marketing of pharmaceutical or agricultural chemical products that use new chemical entities required for tests to be performed to allow for marketing.



2/the competent authorities committed to receive this information protected from disclosure and unfair commercial use from the date of submission of the information and even the disappearance of confidential or for no more than five years, whichever is less.



3/is not considered an infringement on the rights of the owner of such information by the competent authorities from disclosure to the public protection necessitated.



Article (68)




1/the legal holder adheres to undisclosed information to take action to preserve this information to prevent deliberate know non-professionals as committed to regulate the circulation of this information within the facility and restricted to legally committed to preserve them and to prevent their diversion to others.



2/the legal holder voluntary responsibility prepare others for this information unless he made preserved enough effort and reasonable.



3/confidential information and continue their rights to prevent others from infringing if undisclosed information in accordance with article 66 of this law.



4/the legal holder's rights are limited to the information undisclosed to prevent others from infringing bye from acts that interfere with legitimate business practices and have the legal right to asylum holder to the competent court in case of proven perpetration of others for any of these acts.



Article (69)



I.. Prepare the following acts (most notably) incompatible with legitimate business practices and involves committing to unfair competition.



1/bribe the workers possess information to obtain.



2/incitement to disclose information by employees if that information had reached their knowledge by reason of their employment.



3/a confidentiality contracts contractors to disclose what he reached his knowledge.



4/get information from places saved bye the way of illegal routes such as theft or spying or other.



5/information using fraudulent methods.



6/the use of the information received as a result of previous acts bye obtained knowing their privacy and that was obtained under any of these acts.



II.. Considered an infringement on undisclosed information consequent acts referred to detect, possession or use of information by knowing others who had never authorized the legal holder.



Article (70)



Such acts are not conflicting with legitimate business practices the following acts:



1/information from publicly available sources such as libraries, including libraries of patents and open government records and research and studies and published reports.



2/to obtain information as a result of self-and independent efforts aimed at extracting information through inspection and testing and analysis of commodity circulation in the market embodied undisclosed information.



3/access to information as a result of the efforts of scientific research and innovation and invention and development and adjustment and optimization of the hard working independent from his undisclosed information.



4/the possession and use of known information and available which are circulating among art workers the industrial information.



Article (71)



Claimant's right to information is not disclosed or behind him to abdicate to others mosquitos or other valuable consideration.



Article (72)



Prejudice bye harsher penalty prescribed under any other law whoever acts incompatible with the legitimate business practices and involves committed unfair competition in accordance with the provisions of article 69 of this law a fine of one hundred thousand 100000 to 300000 300000 SP.



Article (73)



Considered bis everyone sentenced to one of the offences provided for in this law, a partner or accessory returned and sentenced to another offence of such crimes over a period of five years following the first rule of peremptory degree earned.



Article (74)



In the event of repeat offences punishable under this section must be sentenced to from two to six months and it may not be lower than the maximum fine specified in these articles and no higher than twice the redundancy required reduction according to article 73 of this law.



Article (75)



Special provisions apply to all patents unless by special text on undisclosed information with the necessary change.



Title v



The first chapter



General provisions



Article (76)



Registration agents may patenting of inventions and utility models with personal names if the creativity and intellectual production.



Article (77)



Subject requests and certificates and ongoing actions and transactions of financial charges and issued by a decision of the Minister in coordination with the Ministry of finance.



Chapter II



Final provisions



Article (78)



Issue regulations under this Act by a decision of the Minister and to issue decisions which it considers necessary to carry out the provisions of this law and the regulations.



Article (79)



Valiant Gallery Directorate maintains for creativity and invention every two years with a view to supporting and encouraging Syrian inventors and his Special Branch occurs in the State budget and operational regulation procedures for the establishment and organization of this exhibition.



Article (80)



The provisions of this law of the effective date on each request submitted according to the provisions of Decree 47/1946 and amendments to the Directorate of protection and has not yet been subject to a patent prior to the date this law student to amend his application in accordance with the provisions of this law.



Article (81)



Applied within the provisions of this law, the provisions of article 107 and article 153 provided for in law No 8 12/3/2007 date with the exception of article 118 thereof, concerning the right of priority with the necessary adjustment.



Article (82)



Give six months ' notice of the date of entry into force of this law for regularization of the fallen for non-payment of patent fees and lack of investment for patents owned by individuals.



Article (83)



All requests are set forth in law and its implementing regulations as models prepared for that and value models registration requests and commitments and objections and spitting images and review and prior disclosure and other forms of stomach and translation services, photography by decision of the Minister on the proposal of the Directorate and the return value of these models to the Directorate Fund provided for in article 142 of the law number 8 of 2007.



Article (84)



Cancelled as of the date of entry into force of this law, all laws and regulations in violation of its provisions.



Article (85)



Issue the regulations during the period of 45 days from the date of promulgation of the law.



Article (86)



This law shall be published in the Official Gazette and shall be deemed effective 60 days after the date of issuance.



Damascus in 7-5-1433 Hijri to 30-3-2012 a.d.



President Bashar Al-Assad