President
Based on the Constitution

As approved by the People's Assembly at its meeting held at the date of 07-05-1433 A.H., 29-03-2012, I was born.
The following are issued:

Part one, patents.
Chapter 1 Definitions

Article 1 .

The words and expressions in applying the provisions of this Law shall mean the meanings set forth by each of them.

Law: Patent Law, Benefit Models, Design Blueprints for Integrated Deals and Undisclosed Information.

Executive Regulation: Executive Regulation of this Law.

Ministry of Economy and Trade

Minister: Minister of Economy and Trade

Directorate: Directorate for the Protection of Commercial and Industrial Property.

Director: Director of the Protection of Commercial and Industrial Property.

Competent Committee: The Competent Committee to examine objections to the Directorate for Protection of Patent Registration Requests, Benefit Models and Design Blueprints for Integrated Deals.

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

Solicitor or legal representative: a person or a commissioner by registering commercial and industrial property rights for the benefit of his client or commissioner and in accordance with the provisions of this Act.

The Royal Protection Journal: The Journal provided for in article 25 of Act No. 8/No. 12-3-2007-M.

Innocence: Patent or the innocence of the utility model according to the meaning specified in this law.

Paris Agreement for the Protection of Commercial and Industrial Property: the Convention, dated 20-3-1883, acceded to by the Syrian Arab Republic since 1939 and amended by the Stockholm Document of 1967, to which the Syrian Arab Republic acceded by Legislative Decree No. 47 / 2002.

The Treaty on Cooperation on Patents: The Treaty of Cooperation on Patents, to which the Syrian Arab Republic acceded by Legislative Decree No. 11/Date -1-2-2003.



Chapter II. Patent grants, registration and publication

Article 2

A patent is granted in accordance with the provisions of this Act for each invention in which the following conditions are available:

1/Industrial applicability.

2/Grandma.

(3) Represents an innovative step.

Whether the invention is related to a product, the way it was made, or both, or a new application of known industrial methods.

The Executive Regulation sets out a definition of the conditions required for grants.

Article 3

No patent is granted for:

1/Invention that would be used to infringe on national security or to breach public order or morals

General or damage to the environment and damage the life or health of human, animal or plant.

2/Discoveries, scientific theories and curricula related to mathematics, databases, charts, treklines, and pharmaceutical constitutions.

3/Plants and animals regardless of their degree of scarcity or crow, as well as ways in which they are biological for the production of plants or animals other than microorganisms, non-biological and precise biological methods for the production of plants or animals.

4/Design, rules and curricula for:

-Pure intellectual activities.

-Economic activities.

-Informatics.

-Methods for the treatment and surgery of the human or animal body, as well as the methods of diagnosing the disease used in the examination of the human or animal body, and these provisions do not apply to preparations, especially the substances and formulations used for the purpose of applying one of these methods.

-Members, tissues, cells, biological biological materials, DNA and genome.

Article 4

With the absence of any violation of the provisions of international laws and conventions in force in the Syrian Arab Republic, the provisions of this law shall benefit from any natural person or consideration:

1/From the Syrians wherever he is staying.

2/Non-Syrian, provided that it has a major centre or place of residence in the Syrian Arab Republic, or that it is the nationality of one of the acceding countries to the industrial property agreements in force in the Syrian Arab Republic.

3/Nationals of any member State of the League of Arab States are subject to reciprocity.

Article 5

A specific register of the Directorate in which patent applications and all data relating to each of them are registered, exploited and actions received in accordance with the provisions of this Act shall be prepared in accordance with the provisions of this Act, as set out in its implementing regulations.

Article 6

1/The application for the registration of innocence is submitted by the applicant or represented by law attached to the initial year fee and does not accept the application unless it is accompanied by the receipt of the fee.

2/The electronic payment of fees and deposit of electronic order can be accepted based on a decision made by the minister.

3/The Directorate shall organize a deposit record with the date and hour of the delivery or arrival of documents and the payment of the fee and a copy of this record may be given after payment of the specified fee.

4/If the registration student is not resident in the Syrian Arab Republic, he shall be required by a resident of the Syrian Arab Republic to be placed on his behalf in the filing and registration transactions.

Article 7

A patent registration application may not contain more than one invention and in one invention is the set of interconnected inventions which form an integrated innovative idea and if the application guarantees more than ten protection claims/claims, an additional fee is payable for each additional protection requirement.

Article 8

(a) A detailed description of the invention containing:

1/A full statement on its theme and on the best possible style of implementation for each of the products and methods of demand.

2. Technical description to include in a clear manner the new elements for which the author is required to protect.

3/An engineering scheme for the invention when required.

(b) If the request is related to precise objects, genetic sources or traditional knowledge, the student must disclose them and may be required to deposit a living farm of micro-organisms to the entity designated by the implementing regulation of this law.

(c) The student is in all cases committed to providing complete data and information on applications that have already been submitted abroad for the invention itself or the related subject, as well as the outcome of the determination of such requests.

(d) All documents attached to the application must be signed by the inventor or his legal agent, and the executive regulation of this law specifies the annexes to the patent application, due dates and the conditions for refusal.

Article 9

The Directorate may assign a student of innocence to make such conditions or amendments. If the student does not carry out the procedure within three months of the date of the notification, he or she is considered to be at the same time as he or she is not requested.

The student is to be aggrieved by the decision of the Directorate before the competent committee within thirty days of the date of the decision in accordance with the procedures established by the Executive Regulation.

Article 10

The patent student may submit within three months of the date of filing a request to modify the specifications of the invention or its engineering fee with the statement of the amendment and its reasons, and requires that the amendment should not prejudice the self-invention or exceed what has been disclosed in the original application or demands. Protection.

Article 11

1/The Directorate shall examine the application and its attached documents to ensure that the legal requirements provided for in this Law and its implementing regulations are provided and the formal requirements, including required documents, may be completed within three months from the date of submission of the application except for the fee and a fee is paid. Delay for each month and part of the month shall be considered a full month and the request shall be deemed to be cancelled if the required formal conditions are not completed by the expiration of the period in question.

2/The Directorate examines the application of innocence and its annexes to verify that the invention is new and represents an innovative and viable step in accordance with the provisions of this law and its executive statute, and is entitled to use scientific bodies and experts or advanced patent offices within agreements for this purpose and to bear it. The applicant is the expenses and expenses of the examiners and the study committees.

Article 12

1/The acceptance of the application of innocence shall be announced after the completion of the technical procedures and examination, and the request shall remain confidential during that period and the granting of innocence shall be granted by the Minister or the delegate of the acquittal.

2/Acceptable admissible applications shall be published in the Journal of Property Protection in the form prescribed by the Executive Regulation of this Law and the expense of the applicant.

3/All stakeholders may object in writing to the request for the registration of innocence to the Directorate following the payment of the specified fee within six months from the date of publication, and the Directorate must inform the registration student or his agent of the objection within thirty days of the date of the receipt of it and the student of registration or His agent is to submit to the Directorate a written and reasoned response to this objection within thirty days of the date of the objection and that the student of registration is not considered to be disapproved of his request.

4/The Directorate publishes its decision to challenge either the acceptance or rejection of the registration after the examination of the documents submitted by the parties to the dispute and the hearing of their arguments and may ensure that their decision to accept that the registration student is required to carry out what they deem necessary to register, and if the request is rejected, is half-done. The fee paid by the Directorate and the second half is returned to the applicant.

5/The Directorate shall inform its decision to the parties to the dispute and the decision of the Directorate referred to in article (12) of this Law may be appealed to the competent committee within thirty days of the reporting date.

(6) The decision of the Committee is subject to appeal to the competent court within thirty days of the reporting date.

(7) A student of registration shall be deemed to be in contact with his or her request if he or she does not implement the amendments or conditions required by the Directorate on the date on which he or she has been requested to report or not object to the decision of the Directorate or to appeal the Committee's decision within the prescribed time limit.

Article 13

The directorate is sent to the relevant ministries-defense-internal-health-environment-images of patent applications related to defence, war production, public security, public health or the environment, which have a military, security, health or environmental value with the annexes to this. Requests within thirty days of the date of approval for the granting of innocence and before the certificate is prepared to obtain their approvals.

Article 14

Patent certificates are published in the Royal Protection Journal in the form prescribed by the executive statute of this law. The publication includes the number and date of the application, the number and address of the applicant, the name and address of the applicant, the name of the inventor, his address, and a summary of the invention at the expense of the registration student.

The Directorate can exchange patent documents published under joint cooperation agreements in accordance with the procedures established by the Executive Regulation.

Article 15

The applicant may object in writing to the refusal to register innocence to the Directorate following the payment of the specified fee within thirty days of the date of notification of the Directorate's decision to refuse.

Article 16

(1) The Directorate shall inform its decision of the applicant or his/her agent and the decision of the Directorate referred to in article 15 of this Law shall be appealed to the competent committee within thirty days of the date of notification.

(2) The decision of the Committee shall be subject to appeal to the competent court within thirty days of the reporting date.

Article 17

The application for registration of innocence, whose registration has been accepted, is deemed to have been cancelled by law if the registration student or his agent does not complete the procedures for the registration of innocence and obtain the certificate within one year from the date of expiry of the publication term or from the date of the acquisition of the judgement delivered in the case of the deterministic degree.

Article 18

After the publication of the Certificate of Innocence, any person shall be entitled to have access to them, their documents and those without them in the patent registry, and any person may obtain an image in return for a specific amount for the benefit of the Directorate in accordance with the procedures established by the Executive Regulation of this Law.

Article 19

1/A registration student who rejected his application or suspended his or her admission to conditions or amendments may object to the decision of the Directorate before the competent committee within thirty days from the date of notification of the decision in writing to the Committee for payment of the specified fee.

2/The objections shall be examined by a committee formed by a decision of the Minister as follows:

Judge calls him justice minister

Associate Minister, member

Property Protection Manager Member

A representative of legal affairs in the Ministry is not less than the head of a member department.

Representative of the Society of Syrian inventors Member

3/The Committee shall be entitled to use such expertise as it deems appropriate, and the implementing regulation of this Law shall set out the procedures for the objections, determination and compensation of the members of the Commission.

4/The decisions of the Committee shall be subject to appeal and may be suspended by decision of the competent court.

5/If the Committee supports the decision of the Directorate, such innocence may be registered to the student only on the basis of a judicial judgement of the competent court.

6. The Directorate of Protection and the relevant authorities will appeal the decision issued by the competent committee to the competent court within three months of the date of reporting to the Directorate or the relevant authorities.

Article 20

International requests to the Directorate for the Protection of Ownership, based on the provisions of the Patent Cooperation Treaty and its implementing regulations, the handling of international requests, shall be recorded in the treatment of national applications and the duties imposed on the provisions of the Treaty shall be determined by virtue of a decision made by the Minister.

Article 21

For each person, a written request from the Directorate for a prior disclosure of patented patents and no more than one benefit for each request for a specific amount for the Directorate and for the Directorate to answer its request within fifteen days of the date of submission of the application and no result of the disclosure Any responsibility for the Directorate and the emergence of any right of the applicant to the Directorate.

Article 22

The duration of the patent protection is 20 years starting from the date of the application of the patent application in Syria, which is not renewable.

Article 23

Worth an annual fee, ranging from the beginning of the second year to the end of the term of the protection of innocence, and if it expires two years without a decision on the request, the applicant may cease to pay the annual fee until the decision to grant the acquittal, and in this case the payment of the fee which has not been paid. are reimbursed and the full fee payable can be reimbursed at a single payment.

Article 24

(1) Innocence is vested with the right to prevent others from taking advantage of the invention in any way without the consent of the acquitted person and in particular to prevent:

(a) The production, supply, trafficking, use, importation or possession of the subject of innocence.

b/Use of the method of manufacture of innocence.

c/Display the product directly produced by the method of manufacture, trafficking, use, importation or possession of such purposes.

2/We shall exhaust the right of the owner of the innocent to prevent others from importing, using, selling or distributing the product or the method covered by the invention if it has been marketed by itself, or mediated by others in any state outside the Syrian Arab Republic, or authorized to do so, or to have marketing with its consent.

3/An attack on this right shall not be considered by the other non-actions:

a/Private business and for non-commercial purposes and work related to scientific, environmental or climate research.

b/Prepare medicines in pharmacies immediately and individually based on a prescription and work related to the medicines that are induced in this way.

(c) The fact that others in Syria make a product or use the method of making a specific product or making serious arrangements for that unless it is bad of intent before the date of submission of the patent application from another person for the same product or for the method of manufacture and for this, despite the right of innocence, the right to continue in favour of its facilities only in the interest of its facilities. To do the same work without expanding it, and the right to do such acts may be waived or transferred only with the rest of the elements of the facility.

d/Indirect uses of the production method consisting of the subject of invention to obtain other products.

(e) The use of invention in the means of land, sea or air transport of a State or member entity of industrial property agreements that are in force in Syria or which are treated equally by Syria in the case of any such means in Syria in a capacity of capacity or model.

The manufacture, installation, use or sale of the product during the period of its protection with the aim of extracting a licence for marketing within the Syrian Arab Republic shall be carried out only after the expiration of the period of protection of innocence.

g/acts performed by others other than that provided on condition that the normal use of innocence or the legitimate interests of the acquitted person shall not be seriously harmed.

Article 25

1/If the author of the certificate fails to pay the annual fee before the beginning of each year of the years of his or her testimony, his or her rights shall be dropped and a grace period of six months shall be granted to pay the legal person in addition to pay a delay fee.

2/The acquittal shall fall if the author does not pay the annual fee with the fine within the time stipulated in paragraph 1.

3/A person who has not been acquitted in accordance with the text of paragraph 2 may apply within a period of six months from the date of the fall of innocence by requesting the restoration of his or her rights of innocence and must pay the eligible fee and fine within 30 days starting from the date of submission of the application.

4/The rights of innocence expire not to pay the annual fee and become in the public king.



Chapter three.

Rights arising from the registration of innocence

Article 26

1/The right to innocence is proven to the inventor or to whom he or she is entitled, and if the invention is the result of a joint work among several persons, the right to innocence has been established equally between them unless they agree otherwise.

2/If the same invention is reached by more than one person who is in each other's hands, the right shall be established for the submission of the application for innocence.

3/If the application for the registration of a patent has been filed and has been embezzled from the owner or the person of the right or done in breach of a legal or contractual obligation, the applicant shall have the claim that he or she shall be entitled to this request or the acquittal granted to the competent court.

Article 27

If the inventor is a worker and there is no written agreement between the employer and the worker who is more useful to the inventor, the determination of the owner of the right to innocence is determined according to the following:

(1) The employer shall return to the employer the ownership of the inventions made by the worker for the implementation of a contract for work which includes an innovative mission within his or her duties or for research, studies and tests assigned by the employer expressly.

2/The ownership of other inventions belongs to the employee only if access to the invention has been made during the worker's execution of his or her work duties, or in the activities of the employer, or based on the knowledge or use of methods, techniques, and data, when the employer is entitled to work within one year of the date of publication of the patent. In the country, under penalty of fall, the right of a worker to be informed in writing of his desire to have the rights arising from the invention or to benefit from it in whole or in part on the basis that the worker benefits from a fair price is determined either by consent or by the competent court.

3/The name of the inventor is mentioned in innocence and given to the employee paid for his invention in all cases. If he does not agree with this remuneration, he has the right to fair compensation, which has cost him the disclosure of the invention or the employer, and in all cases the invention is attributed to the inventor and the provisions of the Basic Law. For the employees of State No. 50 of 2004 and its amendments.


Chapter four.

Additional certificates

Article 28

The owner of the certificate was an inventor who was the right of the invention to enter every change, change or addition to the original invention and regulate the record of the deposit regarding the request for additional certificates in the form in which the certificate of deposit is regulated by the application of innocence and subject to the same rules of innocence.

Article 29

The additional certificates have the same effect as the original certificates when the original certificate has multiple owners and the additional certificate held by one of them is of interest to all of them.

Article 30

If there is an improvement in an invention in which a certificate of registration was granted to another person, the innovator may not exploit the original invention. On the contrary, the other person, the inventor of the invention, may not exploit the additional certificate related to the discovery after the invention unless an agreement is reached among the families. Relationship.

Article 31

The protection period for the additional innocence begins from the date of submission to the Directorate and ends with the expiration of the original certificate of innocence to which it relates.

Article 32

When the original certificate of innocence is invalidated because it is not found, the additional patent certificates relating to it may stay in force on the condition that the annual fee for each certificate will continue to be paid and remains in effect for the duration of the original certificate if it is not declared invalid.

Article 33

The additional certificate holder at all times is entitled to request that it be converted into a certificate of invention for the payment of drawing teams for the current year as the duration of the new certificate is equal to the duration of the original certificate.

Article 34

It must be accompanied by an additional certificate request to be accepted at least the first year fee value and the first year draw must be understood to draw the patent certificate for the current year of innocence.


Chapter V

Patents Fall and Heroes

Article 35

The patent drops and becomes the public king in the coming conditions:

1/The expiry of the protection period.

2/If the annual fee due is not paid within the specified period.

3/If the inventor did not establish within three years of the date of granting him the certificate of invention, unless it was established that he had offered his invention directly to the industrialists who were capable of implementing his invention, he did not reject the reasons for allowing his invention to be invested under conditions defined by the executive regulation.

4/The patent owner ceded his rights to her without violating the rights of others.

5/A ruling that has been definitively acquired by the fall of the patent.

Article 36

(1) Patents shall be deemed invalid by a judicial judgement acquired by a peremptory degree in the following circumstances:

a/if the patent is obtained in violation of the provisions of this Act.

b/If the description, schematics and accounting regulations of the invention are not sufficient to place the invention in use by the profession, it is also invalid that the additional certificates which do not pertain to the original certificates are invalid.

c/If the subject of the invention exceeds the scope of the description given to it in the request or in the event of acquittal as a result of a fragmented request if its subject exceeds the scope of the application.

d/If the protection claims (allegations) are not based on the technical description or exceed the given description limits.

(e) If the amendments exceed the original description of the original submission.

If the reasons for the nullity of the nullity are only partially affected, the requests for such reasons shall not be prolonged.

(2) Patents whose rights have expired shall be published in accordance with the provisions of Articles 35 /36/ in the Journal of the Protection of Ownership at the expense of the Directorate in the manner established by the Executive Regulation of this Law.

Article 37

The identical product obtained in accordance with the protected method is considered to be in violation under the provisions of this law if the plaintiff in its case proves that the identical product has been obtained through the direct use of the method of acquittal or that it has made the reasonable effort to disclose The method used in production and in this case the court may conspire the defendant to prove that the method used to obtain the identical product is different from the method of acquittal, owned by the plaintiff, and the court to take into account the right of the defendant to prove the right of the defendant. He has to protect his industrial and commercial secrets.


Chapter VI

Ownership transfer

Article 38

The transfer of ownership shall take place as follows:

1/The property of innocence may be transferred in whole or in part by sale, void, inheritance, guardian, mortgage or report of any right to which it is free or free, in accordance with the rules and procedures stipulated in the executive statute after payment of the specified fee.

2. With no prejudice to the provisions on the sale of shops and their mortgage, the transfer of the property of innocence, mortgage or report of any right to it shall not be made an argument to the third person after it is registered in the special register of the Directorate and after the document based on the required procedure is documented or certified and published. At the expense of the acquitted person in the manner prescribed in this law and its executive statute.

3/The transfer shall be carried out at the request of one of the parties to the agreement or by the agent of an official power of attorney within the period of 90 days from the date of the agreement and that the delay in the registration application requires payment of an additional fee as specified in the present law.

4/The change of the title, name or other action of the title of the owner of the acquitted person shall be subject to the circumstances stipulated in this Law and shall be published for each of these acts in the Royal Protection Journal.

5/It is for the inventors or the applicant to cancel his request at any time without drawing or ceding to others prior to publication, under a written summons to be submitted to the Directorate in exchange for payment of the specified fee.


Chapter VII

Mandatory Licenses

Article 39

After the approval of a ministerial committee formed by a decision of the head of the Council of Ministers, it grants compulsory licences to exploit the invention, and the Committee determines the financial rights of the patent owner when issuing such permits in the following cases:

First, if the minister deems it appropriate, the exploitation of the invention will achieve the following:

1. Non-commercial public utility purposes and such as preserving national security, health, environmental safety, food and climate.

2/Emergency response or extreme exigency conditions.

Compulsory licensing is issued to deal with cases in items 1 and 2 as follows:

a/without the need for prior negotiation with the author of innocence.

b/or for a period of time to be negotiated without agreement.

c/or to offer reasonable conditions for obtaining his consent to be exploited without reaching an agreement.

3. To support national efforts in sectors of importance to economic, social and technological development, the environment, climate and food, an unreasonable violation of the rights of the owner of innocence and taking into account the legitimate interests of others.

(4) The applicant must be informed of the mandatory licence decision within the 15 days of the cases contained in items 1/s/3/3 and at the earliest possible opportunity provided by the cases in item 2.

Second, if the Minister of Health demands in any case the inability of the quantity of the drugs protected by innocence to meet the needs of the country, its low quality, the unusual rise in its prices, or if the invention is related to critical condition drugs, chronic, incurable, endemic, or product. which are used in the prevention of these diseases and whether the invention attaches to medicines, their production, or the basic raw materials that enter their production or the means to prepare the raw materials needed for their production. In all these cases, the owner of the patent must be informed of the decision to grant the compulsory license during the course of such diseases. Duration of 15 days.

Third, if the patent owner refuses to license others to exploit the invention regardless of the purpose of the exploitation, despite presenting appropriate conditions to it and the expiration of a reasonable negotiation period according to the conditions set by the executive regulation.

A compulsory license student in this case has to prove that he has made serious attempts to obtain the optional license from the patent owner.

Fourth, if the acquitted person does not exploit them in Syria or provide them in the markets at appropriate prices, by knowing him or his approval, or whether it was being exploited, it was not enough for four years from the date of submission of the patent application or three years from the date of granting them any longer, and if the innocence of the innocence is stopped by the owner of the acquitted person. Invention without an acceptable excuse for more than a year.

Such exploitation in the production of the product is the subject of protection in Syria or the use of the patented method of manufacture in Syria.

However, if the directorate sees it too late, any of the two columns indicated that the failure to exploit the invention is due to legal, technical or economic reasons beyond the will of the owner of the patent, which may give him a period of six months to exploit the invention.

Fifth, if the owner of the acquitted person is found to be abusive or not to exercise his or her rights that he derives from innocence in a non-competitive manner, it is considered that the following:

1/exaggerate the prices of selling products protected or discriminate between customers in relation to the prices and conditions of sale.

2/Failure to provide the protected product in the market or subpose it on disadvantageous terms.

3/Stop the production or production of the protected commodity in a quantity that does not meet the proportionality between the production capacity and the needs of the market.

4/Do acts or actions that adversely affect the freedom of competition in accordance with established legal regulations.

5/Use the rights conferred by law in a way that adversely affects the transfer of technology.

In all previous cases, the compulsory licence is issued without the need to negotiate or expire a deadline for obtaining and spreading it in the Protection Journal at the expense of the licensee.

The directorate may refuse to terminate the compulsory license if the circumstances that it called for are indicative of its continuation or the occurrence of the occurrence of the occurrence.

The compensation due to the acquitted person takes into account the damage caused by his abusive or abusive practices.

The directorate may drop innocence if it turns out after two years of compulsory licensing that such a license has not been enough to remedy the negative effects of the national economy due to the innocence of the innocent in the use of his rights or for his non-competitive practices.

All stakeholders may appeal against the decision to drop acquittals before the ministerial committee in accordance with the conditions and procedures established by the executive statute of this Law.

Sixth, if the exploitation of the owner of the right to a patent is made only by using another invention that is necessary for it and has involved tangible technical progress and technical and economic importance compared to this other, it is entitled to obtain a compulsory license in the face of the other and that the other has the same right in this case.

Seventh, in cases of inventions related to the semiconductor technology, compulsory licensing is granted only for non-commercial public utility purposes or to address the effects that prove to be uncompetitive.

The granting of compulsory licences in the cases provided for in this article shall be in accordance with the conditions and procedures established by the Executive Regulation of this Law.

Article 40

The mandatory license issue takes into account the following:

1/To decide on the application for compulsory licensing according to the circumstances of each case individually and the license is intended mainly to provide the needs of the local market.

2/The compulsory licensing student proves that he made serious attempts to obtain an optional license from the patent owner for a fair compensation and that he failed to do so.

3/The acquitted person has the right to object to the decision to grant the compulsory license to others before the ministerial committee provided for in article 39 of this law within thirty days of the date of notification of this authorization, and the decision of the Committee is subject to appeal by the competent court. During the 30-year reporting period in accordance with the procedures established by the Executive Regulation.

(4) The application for compulsory licensing or to be issued for the benefit of the applicant is capable of seriously exploiting the invention in the Syrian Arab Republic.

5/The licensor has a compulsory license to use the invention in scope and conditions and within the time limit specified by the decision to grant such a compulsory licence. If the compulsory licence expires without the reasons for granting such a permit, the directorate may renew the term.

6/The use of compulsory licensing shall be limited to the applicant and, however, the Directorate may grant it to others after the approval of the ministerial committee provided for in article 39.

7. Innocence has the right to fair compensation in return for the exploitation of its invention taking into account the economic value of the invention, and the acquitted person has the right to appeal against the decision to estimate compensation before the ministerial committee provided for in article 39 within 30 days. From the date of notification to the decision in accordance with the conditions and procedures established by the Executive Regulation of this Law.

(8) The compulsory licence expires at the end of its term, however, the Directorate has to decide on its own initiative or at the request of all of them, and following the approval of the ministerial committee provided for by article 39 of this Law, to revoke the compulsory licence before the end of its term, if the reasons that led to it were removed. It is likely that these reasons will be carried out again and follow the procedures stipulated in the executive regulation.

(9) The author may request that the compulsory licence be terminated before the end of the prescribed term, if the reasons that led to it are still to be obtained and are no longer likely to do so again.

10/The legitimate interests of the licensee are taken into account when the compulsory licence is terminated before the end of its term.

11/The Directorate has the right to revoke the compulsory license or modify its requirements on its own initiative or at the request of all parties after the approval of the ministerial committee provided for by article 39 of this Law if the licensee does not use the licence or if it is in compliance with its obligations under the licence. Mandatory.

Article 41

By decision of the competent minister following the approval of the ministerial committee referred to in article 39 of this Law, the patent may be expropriated for reasons of national security and in cases of extreme necessity in which compulsory licensing is not sufficient to face them.

Monarchy may be limited to the removal of the right of invention to the needs of the State.

In all cases, the expropriation for fair compensation is due to the compensation of the ministerial committee provided for in article 39 of this law and according to the prevailing economic value at the time of issuing the expropriation decision and publishing the expropriation decision in the Royal Protection Journal at the expense of the directorate. The appeal of the expropriation decision and the Committee's decision to estimate compensation before the competent court shall be within 60 days of the date of notification of the decision by the author and shall be decided by the court in such an appeal as a matter of urgency.


Chapter VIII

License for use

Article 42

The patent owner is to authorize a natural or legal person to use his innocence and does not convert the license to others without the use of the owner of his innocence unless otherwise agreed in writing, and the term of authorization for the use of innocence may not exceed the prescribed time for protection.

Article 43

1/A license contract shall not contain any texts restricting the licensee with unnecessary restrictions to preserve the rights arising from the registration of innocence.

A license contract may include the following conditions:

a/Identification of the geographical area of marketing of products protected by innocence.

(b) The duration of the licence to be acquitted.

c/To oblige the licensee to refrain from any act that would lead to the devaluation of the value of innocence.

2/The owner of the acquitted person shall be entitled to invoke the rights conferred upon him or her by the registration and enforcement of acquittals to each licensee exceeding the licence conditions set out in paragraph 1 of this article.

Article 44

1/A license contract is required to be documented and certified as valid by the competent authorities.

2/The licence shall be effective against others only after it has been registered in the register of patents with the Directorate and after payment of the specified fee.

3. If the registration of this contract is delayed for a period of 90 days from the date of the licence contract, it shall be subject to payment of a delay fee and shall be published in the manner specified in this Law and its implementing regulations.

4/The license contract must include conditions for the owner of the patent to monitor the quality.

Article 45

A licensee may not waive the licence contract for others or grant sublicenses unless the licence contract provides otherwise.

Article 46

The owner of the patent or the licensee may request that the license be written off or amended after providing proof of termination or dissolution of the licence contract and publish the write-off or modification of the property protection newspaper at the expense of the owner of the relationship.


Part two.

Chapter 1

Benefit Models

Article 47

1/A utility model is patented according to the provisions of this law for each new industrial application, but it does not produce sufficient innovative activity to grant a patent and the executive regulation sets out the conditions required for grants.

2/The applicant may transfer it to a patent application and the patent student has the right to transfer his application to a patent application for a benefit model and the effect of the limitation in the two cases to the date of submission of the original application.

3/The Directorate of its own initiative shall transfer the application for patent application form to a patent application or vice versa whenever its conditions are in place.

Article 48

The period of protection of the 10-year utility model is not renewable, starting from the date of submission of the application for the patent application to the Directorate of Protection in the Syrian Arab Republic.

Article 49

A fee is worth drawing upon submission of the patent application form and an annual fee gradient shall be considered from the date of approval of the application and until the expiration of the period of acquittals.

Article 50

The provisions on patents apply to all those that are not included in the special text on the patents of the benefit, with the necessary change.


Chapter II

Patent infringement and utility model

Sanctions

Article 51

In the absence of any violation of article 24 of this law or any severe penalty provided for in any other law, a fine of not less than 200,000 Syrian pounds and not exceeding 1 million Syrian pounds shall be punished by:

(1) The purpose of commercial circulation is a subject of invention or a benefit model that has been awarded in accordance with the provisions of this Law.

2/sold or offered for sale, trading, imported or acquired with intent to trade copycat products, knowing this when the patent or the innocence of the benefit model was issued by them or their production methods and a window in the Syrian Arab Republic.

3/Unright placed on products, advertisements, packaging tools or other data that leads to the belief that it has a patent or a patent benefit.

4/In the case of repetition, the penalty is imprisonment for six months to two years and a fine of not less than 1 million Syrian pounds and no more than 2 million Syrian pounds or one of these penalties.

Article 52

Every person who is sentenced under this Act for one of the offences set forth in the Act shall be considered as a criminal actor or as a partner within the next five years of the first judgement gained in the case of deterministic degree.


Chapter III

Priority

Article 53

1/It requires those who want to take advantage of the priority of a previous deposit in one of the countries acceding to the amended Paris Agreement to protect industrial property or in a multilateral international convention to which Syria is a party or a State that treats Syria equally in respect of the right of priority to be attached to it. His request is a statement explaining the number and date of this prior deposit and the name of the country in which it was, and must submit within the period of three months from the date of the subsequent deposit, a copy of the previous deposit, which was certified to be identical to the asset issued in the country where the deposit took place and translated into the Arabic language. A juror translation, and the procedure must be preceded by the payment of the specified fee, resulting from the transaction work provided for in this article, loss of right. Priority.

2/The priority dates referred to in the preceding paragraph shall be twelve months for patents and six months for the benefit models and shall apply as of the day following the date of deposit of this request.

Section III

Design charts for integrated circuits

Article 54

An integrated circuit in the application of the provisions of this law means that each product in its final or intermediate form contains at least a component that is active on a piece of a buffer material and is formed with some links, or all of it is an integrated entity that aims to achieve a specific electronic function and means In planning design each three-dimensional order is prepared for an integrated circuit with the purpose of manufacturing.

Article 55

In accordance with the provisions of this Law, the new planning for integrated circuits is protected and the planning design is new when it was the product of an intellectual effort by its owner and was not a common public knowledge of the art of the industrial art concerned.

Planning design, however, is considered new if its components are accompanied and connected to each other in the same way, although the components that consist of them may fall within common public knowledge when the industrial art is concerned.

Article 56

It is not protected by any concept, method, technical system or encrypted information that can be included in the schematic design of the integrated circuits.

Article 57

The length of protection of design schemes for integrated circuits ten years from the date of acceptance of registration in the Syrian Arab Republic, or from the date of its first commercial exploitation in Syria or abroad, i.e., the past two dates.

The protection of design schemes in all cases lapse by fifteen years from the design date of the design.

Article 58

1/The application for registration of the schematic design shall be submitted by the author of the right or from his legal agent to the Directorate. The request shall be accompanied by an image or a drawing of this design and a sample from each integrated circuit that was the subject of commercial exploitation and information explaining the electronic function of the design.

A student may exclude a part or more of the design if the parts provided by it are sufficient to determine this design and its function statement.

2/In the Office shall be prepared to register for registration in accordance with the conditions and procedures established by the Executive Regulation of this Law and shall be entitled to each drawing request.

The request shall be accepted if it is submitted two years after the date of the first commercial exploitation of the design from the author of the right, whether in the Syrian Arab Republic or abroad.

Article 59

Without prior written permission from the right holder of the protected planning design, no natural or legal person shall carry out any of the following acts:

1/Copy the entire planning design or any new part of it, whether copied by integration into an integrated circuit or by any other way.

2/The import, sale or distribution of design for commercial purposes, whether in private or integrated into an integrated circuit or integrated into an integrated circuit or was a component of a commodity.

Article 60
With the failure to breach the protection provisions set out in this section, any natural or legal person without a permit may not be authorized by the right holder to do one or more of the following:

1/Copy or commercial exploitation involving importation, sale or distribution of an integrated circuit containing a protected planning design or a commodity to be made in that integrated circuit if the act is signed by a person who does not know and is not available to him to know the time that such an integrated circuit or a commodity Includes a protected planning design.

In this case, the holder may, in return for fair compensation to the right holder, act in his or her purchase of a commodity or purchase order after being notified of the author of the right to a registered book accompanied by the knowledge of the fact that the integrated circuit or the goods in his possession contain a protected schematic design.

2/Personal use or for testing, testing, analysis, education, training or scientific research for the design of a protected planning, if that use is the result of devising a new planning design that the hacker has the right to protect.

3/A planning design matching the design of another protected planning as a result of independent efforts.

4/Importation of a protected planning design or integrated circuit that was produced using a protected planning design, whether this circuit is single or integrated into a commodity or a commodity containing an integrated circuit, which includes a protected planning design, when any of them were traded in the Syrian Arab Republic. Or out.

Article 61

The Directorate may grant a mandatory non-license using a protected planning design in accordance with the provisions of the mandatory patent licence provided for in articles 3 9/and 40 of this Act.

Article 62

Any violation of article 59 of this Law is punishable by a fine of 100000 100,000 to 300,000 Syrian pounds.

Article 63

Every person who has been sentenced to one of the offences set forth in this Act shall be regarded as an actor, partner or intervener who has returned and sentenced to another offence within the next five years of the first sentence acquired by the deterministic degree.

Article 64

If the crimes punishable in this chapter are repeated, they must be sentenced to two to six months, and the fine shall not be lower than the maximum limit in these articles and no more than double that limit and shall be repeated in accordance with article 63 of this Law.

Article 65

Patent provisions apply to all those that are not included in the design schemes for integrated circuits with the necessary change.


Section IV

Undisclosed information

Article 66

In accordance with the provisions of this Act, the information not disclosed shall be protected on the condition that it has the following:

1/Be confidential, with the information as a whole or in the composition of its vocabulary that is not generally known or non-current among the industrial art workers in which the information is located.

2/That their commercial value is derived from being confidential.

3/To rely in its confidentiality on the effective measures taken by its legal holder to maintain it.

Article 67

1/The protection extended by the provisions of this Law extends to the non-disclosed information, which was the result of major efforts and submitted to the competent authorities upon request to allow the marketing of pharmaceutical or agricultural products that use new chemical entities required for testing Due to allow marketing.

2/The competent authorities who receive such information shall be obliged to protect them against infair commercial use and use from the date of submission of information to the information and to the disappearance of such information, or for a period of not more than five years, that is less.

3/Do not infringe upon the rights of the author of such information to be disclosed by the competent authorities for the need to protect the public.

Article 68

(1) The legal holder of the information not disclosed shall be obliged to take measures to preserve such information in order to prevent the circulation of such information and to regulate the circulation of such information within the facility and limit it to those who are legally obligated to maintain it and prevent it from being subjected to others.

2/The legal holder's responsibility to infringe on this information shall not be negating unless proven to be an adequate and reasonable effort to maintain it.

3/The confidentiality of information and the resulting rights to non-infringement shall continue if the information is not disclosed in conformity with the provision of article 66 of this Law.

(4) The rights of the legal holder of the non-disclosed information shall be limited to the prevention of non-infringement by any acts contrary to legitimate business practices and the legal holder shall have the right of recourse to the competent court in the event that any of these acts have been established.

Article 69

First, the following acts are in conflict with legitimate business practices and involve committing them to illegal competition.

(1) Bribery of employees who possess information for the purpose of obtaining them.

2. Incitement to information on the part of the staff if such information has reached their knowledge by virtue of their function.

3/A contractor in the confidentiality of information contracts shall disclose what he has learned from it.

4/Observe information from their places of preservation in any way from unlawful methods such as theft, espionage or otherwise.

5. Access to information using fraudulent methods.

6/The use of the information received as a result of obtaining them in any of the preceding acts with knowledge of their confidentiality and the fact that they have been obtained in accordance with any of these acts.

Second, it is considered a violation of information that is not disclosed as a consequence of the acts referred to in the disclosure, possession or use of information unless authorized by the legal holder to do so.

Article 70

Conflicting actions with legitimate business practices are not the following actions:

1/Get information from public sources available such as libraries, including patent libraries, open government records, research, studies and published reports.

2/Access to information as a result of self-directed and independent efforts aimed at extracting information through examination, testing and analysis of the goods traded on the market, where the information is not disclosed.

3. Access to information as a result of the scientific research, innovation, invention, development, modification and improvement efforts of the glorifier independent of the author of the non-disclosed information.

4/possession and use of known and available information that is being traded among industrial art professionals in which the information is located.

Article 71

The owner of the information that is not disclosed or to his or her successor shall be entitled to waive it for others in lieu of or without consideration.

Article 72

With no further punishment provided for in any other law, any person who carries out acts in conflict with legitimate business practices and carries out illegal competition according to the provisions of article 69 of this law shall be punished with a fine of 100000 100,000 to 300,000 thousand liras. Syria.

Article 73

Every person sentenced to one of the offences set forth in this Act shall be regarded as an actor, partner or intervener who has returned and sentenced for another of these offences during the next five years of the first gained sentence.

Article 74

If the crimes punishable by this door are repeated, they must be sentenced to two to six months, and the fine shall not be lower than the maximum limit in these articles and no more than double that limit and shall be repeated in accordance with article 73 of this Law.

Article 75

The provisions on patents apply to all those that are not included in the special text regarding the information not disclosed together with the necessary change.


Section V

Chapter 1

General provisions

Article 76

Registration agents may register patents and utility models in their personal names if they are their creativity and intellectual production.

Article 77

Applications, certificates, transactions and ongoing actions are subject to financial fees due and issued by decision of the Minister in coordination with the Ministry of Finance.


Chapter II

Final provisions

Article 78

The executive statute of this Law shall be issued by decision of the Minister and may issue such decisions as may be necessary for the implementation of the provisions of this Law and the Executive Regulation.

Article 79

The directorate holds the Basil Fair for Creativity and invention every two years with the aim of supporting and encouraging the Syrian inventors. It has a special branch in the state budget, and the executive regulation defines the procedures for establishing and organizing this exhibition.

Article 80

The provisions of this Law shall apply from the date of its entry into force to each application submitted on the basis of the provisions of Decree No. 47/ of 1946 and its amendments to the Directorate of Protection and for which no patent was issued prior to the date of work in this Law and for the student to modify his application in conformity with the provisions of this Law.

Article 81

The provision of articles 107 and 153 as provided for in Act No. 8 of 12/2007, with the exception of article 118 of the Act, concerning the right of priority with the necessary amendment, shall be applied in the provisions of this Act.

Article 82

A period of six months from the date of the entry into force of this law shall be granted for the settlement of patented conditions for failure to pay fees and non-investment for the patents owned by individuals.

Article 83

All requests provided for in the law and in its executive statute shall be submitted in accordance with the templates prepared, and the value of applications for registration, pledges, objections, photographs, reexamination, prior disclosure and other forms of applications prepared for that and for translation and imaging services shall be determined by decision of the The Minister and a proposal by CTED return the value of these models to the Directorate Fund, provided for in article 142 of Act No. 8 of 2007.

Article 84

All laws and regulations in contravention of its provisions shall be repealed from the date of force of this Act.

Article 85

The Executive Regulation shall be issued within 45 days of the date of promulgation of the law.

Article 86

This Act shall be published in the Official Journal and shall be considered effective sixty days after the date of its promulgation.

Damascus at 7-5-1433 A.H., 30-3-2012, my birth.

President
Bashar al-Assad

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