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Law 8 Of 2007 Distinguishing Marks Act Geographical Indications And Industrial Designs, Unfair Competition

Original Language Title: القانون 8 لعام 2007 قانون العلامات الفارقة والمؤشرات الجغرافية والرسوم والنماذج الصناعية المنافسة غير المشروعة

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Act No. 8 of 2007: Unlawful Competition Markings, Geographical Indicators, Fees and Models Act


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Act No. 8 of 2007
Date-Milade: 2007-03-12Date-off: 1428-02-22
Published at: 2007-03-12
Section: Law

Information on this Law:
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Act 8 of 2007
Unlawful competition markings, geographical indicators, fees and models

President of the Republic
On the basis of the provisions of the Constitution

As approved by the People ' s Assembly at its 16th meeting, on 6 March 2007,
Issue:

Part One: Large marks

Chapter I: Definitions

Article 1

The following words and expressions in the application of the provisions of this Act shall mean the meanings set aside by each of them.

- Law: Law on Paradox Marks, Geographical Indicators and Unlawful Competition Fee and Models.

- 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 of the Ministry of Economy and Trade.

Director: Director of Trade and Industrial Property Protection.

- Paradox mark: brand, industrial and service mark.

- The competent committee: the competent committee to hear objections to the decisions of the Directorate of Protection in accordance with this law.

- The competent court: the competent court to hear cases of commercial and industrial property in accordance with the provisions of this Act.

- Agent or legal representative: the person authorized to register commercial and industrial property rights for the benefit of his client under this Act.

- Royal Protection Journal: Directorate ' s Trade and Industrial Property Protection Journal.

- Paris Convention for the Protection of Industrial Property: Convention of 20/3/1883, to which Syria has acceded since 1939 and amended by the Stockholm Document of 1967, to which Syria acceded by Legislative Decree No. 47 of 2002. The Madrid Agreement and Protocol: the Madrid Agreement on International Registration of Marks of 1891 and the Madrid Protocol of 1989, to which Syria acceded by Decree No. 92 of 2004.

- Nice Agreement: Nice Agreement on International Classification of Goods and Services for Marking purposes of 1957 and amendments thereto, which Syria acceded to by Act No. 37 of 2004.

CHAPTER II: INDICATOR

Article (2)

Any reference that may discriminate the products or services of a natural or legal person shall be considered as a milestone. The differential relationship may consist, for example, of names, labels, symbols, seals, words, letters, features, eminent carvings, drawings, images, numbers, signatures, names or names of the assignor, group of colours, arrangements, training, forms of products or packagings, which take a particular form, as well as anomaly.

Article 3

a. Appreciates the character of the mark given the products or services concerned.

b. Not considered as a distinctive sign within the meaning of this Act:

1. Signs or nomenclatures without any distinctive character or forming the necessary or customary name of sex in the common or professional language of the product or service.

2. References or designations that may be used to indicate a product or service character, in particular type, class, quantity, destination, value, geographical origin, date of manufacture or service.

3. References made exclusively of the form imposed by the nature or function of the product.

c. In the absence of the prohibition provided for in paragraph 3 (b), the character of the mark can be derived from long-term use.

Article (4)

Doesn't make a difference or part of a sign that follows:

a. References exempted under article 6 ter of the amended 1883 Paris Industrial Property Agreement.

b. References against public order or public morals or whose use is prohibited by law.

c. Signs that would mislead the public, particularly on the nature or quality of the product, service or geographic source.

d. Slogans, flags, images, seals and other symbols of Arab, international or religious organizations or one of their institutions, or the tradition of such slogans, flags, symbols of the Red Crescent, the Red Cross and other similar symbols, as well as markings of their tradition.

e. Similar or similar markings of purely religious symbols and the names of sacred places.

Article (5)

No sign of any reference to previous rights such as:

a. A mark that has already been registered on identical or similar products or services, whether the mark is identical or similar in form, term or writing, which would invade the public.

b. A world-famous sign in Syria as provided for in article 44 of this Act.

c. Title or designation of a company if this creates confusion in the public ' s mind.

d. Name or emblem of nationally known traders if this creates confusion in the public ' s minds.

e. Protection geographical indicator.

Rights of a protected author.

g. Chart or industrial model with protection registered to others.

h. Rights affecting the personality of others, in particular his or her family name, surname, photograph or name, unless he or his successor agrees.

i. Name, image or character of a local group.

Article (6)

a. In Arabic, the distinctions made on goods and services of national origin, which are produced and traded in the Syrian Arab Republic may contain foreign letters along with Arab letters and in a manner consistent with their size.

b. False markers written in foreign letters may be placed only on the following goods regardless of the nationality of the product, whether Syrian or non-Suri:

1. Goods and services produced within Syria are exported without trading in Syria.

2. The markings on goods and services produced outside Syria, which are introduced and put into circulation within Syria, with the determination of the country of origin.

c. Goods or services produced or provided within Syria under a licence from the owner of a foreign marker that may be placed on the foreign mark as unamended but added to the phrase " manufactured or packed in the Syrian Arab Republic by the licensee " written in Arabic so that it is not irreversible or removed.

d. Registration or renewal of markings that do not take into account the provisions of this article shall not be accepted.

Chapter III: Acquisition and loss of mark

Article 7

a. Ownership may be individual or joint.

b. Ownership of the mark shall be acquired by proper and continuous registration in accordance with the provisions of this Law, taking into account:

1. A person who has registered the mark shall be deemed owner when it is associated with using it within five years following registration unless it is established that the priority of the use was for others.

Those who had previously used the mark on whose behalf it had registered were entitled to challenge the invalidity of registration during the five years mentioned. However, the invalidity of the registration of the mark may be challenged without any length of time when the registration is accompanied by bad faith.

2. The registration of a mark that has been registered contrary to the provisions of article 4 of this Act may be invalidated by a reasoned decision of the Director without any length of time. The decision of the Directorate to invalidate the registration of the mark shall be communicated to the competent committee within a period of 30 days of the date of communication. The decision of the Committee shall be appealed to the competent court within a period of 30 days of the communication and the decision to invalidate the case shall not be made.

3. Both the Public Prosecutor ' s Office and the Director and any interested party may apply to the competent court for the invalidity of the registration of the registered marker in violation of articles 2.3.4 of this Law without any time being observed.

4. The former right to the mark alone shall have the right to apply for invalidity in accordance with article 5 of this Law, on the understanding that his or her claim is inadmissible if the mark has been recorded in good faith and allowed to be used for five years.

Article (8)

a. The competent court may, at the request of each interested party, require that the marking be written off if it is determined that it has not been used seriously for a continuous period of three years on all or part of the products or services for which the mark has been registered unless the owner of the mark has provided justification for its non-use during this period and is considered to be using the mark by the licensee for the purpose of continuing registration. It is considered particularly serious use of the mark:

1. Placement on products or their packagings for marketing.

2. The use of the mark in a different form does not lose its character.

3. Use of the mark with the consent of the owner or by any eligible person for use as a collective mark.

b. The burden of proof of the use of the mark lies with the owner and can prove it by all means of proof.

c. Write-off shall take effect from the expiry date referred to in paragraph (a) of this article.

d. The right to apply for the deletion of the mark shall be waived if the serious use of the mark is initiated or resumed during the period between the expiration of the three-year period specified in the first paragraph and the date of the application for write-off. However, such initiation of use or use will not affect the right to request the marking if it is made within three months prior to the application for write-off and after the marker has learned that such application may be made.

Article (9)

The rights of the holder of the mark shall be dropped and written off by a decision of the Court at the request of each interest:

a. If the label becomes the normal name of the product or service in the business area as a result of an act by the label owner.

b. If the label would sign the public in confusion or error about the nature, quality or geographical origin of the product or service as a result of the use or approval of the label.

Article 10

After the marking has been written off for any reason or not renewed, it may be re-registered in the name of the owner only within three years of the date of write-off. After such time, the marking may be invoiced to the author and to others. If the marking is written off pursuant to an enforceable judicial decision not to record the mark, it may be registered to the holder immediately after it has been written off in accordance with the circumstances, the same procedure and the fees prescribed for registration in this Act and its regulations.

Chapter IV: Registration, dissemination and renewal of markings

Article 11

Without prejudice to the provisions of international laws and conventions in force in Syria, the provisions of this Act shall be invoked:

a. Any Syrian natural or legal person where they are located.

b. Any non-Syrian natural or legal person is required to be a national of one of the acceding countries to the commercial and industrial property agreements in force in Syria.

(c) Any natural or legal person who is a national of any State member of the League of Arab States shall be subject to reciprocity.

d. Any non-Syrian natural or legal person with a duty station or residence in Syria or in a State acceding to the commercial and industrial property agreements in force in Syria.

Article 12

The irony is optional unless there are legal provisions that contravene this and the registration of all distinctions is subject to the provisions of this Act and its implementing regulations.

Article 13

The application shall be recorded in a serial number register according to the date and time of submission of the application, the registration request shall be granted a document establishing the registration of its application in accordance with the model established by the implementing regulation and the treatment of national requests for registration in accordance with the Madrid Agreement and Protocol.

Article 14

The application for the registration of the mark shall be submitted by the applicant or his legal representative, accompanied by the fixed financial fee. If the applicant is not resident in Syria, he or she shall designate a person resident in Syria to be an agent for registration transactions and the application for registration shall include documents and data specified in the implementing regulation.

Article 15

No request for registration or renewal of a mark shall be accepted unless a receipt is attached to the drawing established in this Act.

Article 16

a. The registration of the mark for one or more categories of products or services may be requested and requests for multiple categories for which the mark is required may be multiplied in accordance with the terms and procedures established by the executive regulation.

b. Products or services cannot be regarded as similar or not only on the basis of their presence or absence in one or different categories of Nice Classification.

Article 17

Each person may request in writing from the Directorate a pre-detection of the iron marks and not more than five marks of each request for a specific amount in favour of the Directorate and the Directorate shall respond to his or her request within 15 days of the date of submission of the application. The result of the disclosure shall not entail any responsibility for the Directorate or any right of the applicant to the Directorate.

Article 18

If the application for marking includes one or more words written in a foreign language, a translation or statement of meaning shall be made in Arabic and the marking shall not be required to be meaningful for registration.

Article 19

The mark may be limited in whole or in part to one or more private colours and, in such a case, the directorates or the court shall take into account in determining the irony of that mark as being limited to those colours. If the mark is registered without being restricted to private colours, it is considered to be recorded for all colours.

Article 20

The applicant may request that his or her application be cancelled at any time without payment of any fee or relinquishment to the non-payment of the fixed fee.

Article 21

The Directorate maintains a record of the distinctions in which all the data contained in the registration certificate, restrictions and occurrences are recorded.

Ongoing marking or other modifications.

Article 22

a. The Directorate shall examine the application and the accompanying documentation to ensure that the legal requirements set forth in this Act and its implementing regulations are met. Formal requirements, including the required documentation, may be updated within six months of the date of the application except for the fee, a delayed fee shall be paid for each month and a full month.

b. An application shall be deemed invalid if the required conditions are not completed by the end of the said period.

Article 23

The Directorate may assign the applicant with such conditions or modifications as it deems necessary to identify and clarify the mark in such a way as to prevent the marking from being quoted or applied for registration. If the Directorate refuses to register the mark in accordance with article 22 of this Act or suspends registration on conditions or amendments, it shall inform the registration request in writing of the decision of the Directorate and the Directorate may refuse the application if the applicant does not implement the amendments it has been commissioned within three months of the communication.

Article 24

a. A registration applicant whose application has been rejected or whose acceptance has been suspended on terms or amendments may, in writing, challenge the decision of the Directorate mentioned in article 23 of this Act to the competent committee within thirty days of the date of communication of the decision in writing, in exchange for payment of the prescribed fee.

b. Objections shall be considered by a committee formed by a decision of the competent minister as follows:

Judge at the rank of adviser appointed by the Minister of Justice. Chief.

- Associate minister. Member

- Director of Legal Affairs of the Ministry.

- Representative of the Trade Rooms Union. Member

A representative of the Union of Chambers of Industry.

The implementing regulations of this Act define the procedure, consideration and determination of objections and the compensation of its members.

c. The decisions of the Committee shall be in force and may be suspended by a decision of the competent court.

d. If the Committee endorses the decision of the Directorate, this mark may be registered only on the basis of an enforceable judicial judgement issued by the competent court on the basis of the appeal filed by the applicant for registration within thirty days of the date reported by the Committee ' s decision.

Article 25

a. A newspaper is published with the Directorate called the Royal Protection Journal and is regulated by the Executive Regulation.

b. Approval and qualifying applications are published in the Royal Protection Gazette in the form specified in the implementing regulation of this Act, with publication including a label model and a statement of products or services for which the label is requested and at the expense of the registration student.

Article 26

Each interest may object in writing to the request for the registration of the mark to the Directorate after payment of the prescribed fee within a period of (nine days) from the date of publication, and the Directorate shall inform the registration student or agent of the objection within thirty days from the date of receipt. A registrar or his agent shall provide the Directorate with a written and reasoned response to such an objection within thirty days of the date of the objection. Otherwise, the registration student shall be deemed to have waived his or her request.

Article 27

The Directorate shall issue its decision to object, either by accepting or rejecting registration after examining and hearing the submissions made by the parties to the dispute, and may include its decision to accept the requirement for registration to carry out such requirements as it deems necessary for marking registration. If the request is denied, half of the fee paid by the manager and the second half is returned to the applicant.

Article 28

a. The Directorate shall communicate its decision to the parties to the dispute and the decision of the Directorate referred to in article 27 of this Act may be appealed to the competent committee within thirty days of the communication.

b. The decision of the Committee shall be subject to appeal to the competent court within thirty days of the communication.

(c) The applicant shall be deemed to have waived his or her request if he or she has not implemented the amendments or conditions requested by the Directorate in the time specified in the communication to which he or she is informed, or has not contested the decision of the Directorate or contests the decision of the Committee within the deadlines.

Article 29

The application for registration of the mark that has been accepted shall be deemed null and void by law if the registration applicant or his or her agent has not completed the marking procedure and has obtained the certificate within ninety days " from the date of the expiration of the publication period or a judgement in his or her favour is enforceable.

Article 30

The Directorate shall record and publish acceptable markings in the marking register in the Royal Protection Gazette and at the expense of the label holder.

Article 31

The Directorate shall grant the registered marker a certificate within 30 days/from the date of registration in the marking record in accordance with the model and the data specified in the executive regulation, post a copy of the mark on the certificate in a field dedicated to this end, seal the director ' s seal and sign the registration certificate by the director or his author.

Article 32

The period of protection for the registered marker shall be ten years from the date of application for registration and the period of registration shall expire ten years after the last day of the month in which the application for registration has been filed. The mark may be renewed for similar periods at the request of the author or his legal representative and the renewal during the last year of the protection period for a specific fee.

Article 33

The owner of the mark shall be granted a six-month grace period/renewal of the mark for payment of a delayed and refurbishment fee from the expiry date of the previous protection period. In the event of non-renewal, the mark is de jure invalid for the expiry of its protection.

Article 34

a. Application for re-registration of the mark shall be submitted by the marker or his legal representative and in the form in which the registration request is submitted to the Directorate. The marking is re-registered according to its final status and in the event of a request for re-registration of the mark, no modification may be made in addition to the deletion from the list of products or services for which the mark was registered.

b. The procedures for objective examination, publication and objection to requests for renewal of the markings registered prior to the entry into force of this Act shall be applied once. The decision of the Directorate to deny renewal shall be reasoned and subject to objection within a period of 60 days from the date of communication to the competent committee. The decision of the Committee shall be subject to appeal to the competent court within thirty days of the date on which the author was informed of the decision.

Article 35

Renewed markings shall be recorded in a special register and the refrigerant shall be granted a signed certificate from the Director of Protection or his or her authorisation within thirty days of registration in the refurbishment register. For markers registered for more than one category prior to the promulgation of this Act, a certificate of renewal shall be awarded to each category in exchange for payment of the fee specified for each category. It shall be mentioned in the certificate of renewal and the date of pre-registration of the refrigerated marker and shall be published in the re-registration of the marker in the Royal Protection Gazette and at the expense of the holder.

Article 36

a. The registered label owner may request the Directorate to write a request for any amendment by deleting without adding items of products or services for a specific fee and the amendment shall be published in the Royal Protection Gazette.

b. The change in the title of the owner or name of the marker, the change of agent or any other conduct shall be subject to the charges in accordance with the conditions provided for in this Act and shall be published for each of these acts in the Property Protection Gazette.

Article 37

Each person may request written access by the Directorate to the registered markings. It may also obtain data or extracts from it or the restrictions or conduct in progress. The owner of the mark, the transferee may be entitled to it and any person found to be a party to a litigation relating to the mark may obtain a certified copy of the marking certificate after the payment of the specific fee and the application shall be set free on the prototype.

Chapter V: Collective markings

Article 38

a. Collective marker: The label used to distinguish a product or service of a group of persons belonging to a particular entity with legal personality, although it does not own an industrial or commercial enterprise, and the application for registration shall be made available by the representative of that entity for use by its members in accordance with the instructions for the use of this label by the registrants.

b. Collective censorship mark: the label for placing on products or services to demonstrate control or testing of such products in respect of their source, nature, characteristics, method of production or other character, as provided for in the instructions for the use of this mark made by the registrants who perform control and examination procedures.

c. The application for marking must indicate that the mark is collective and is attached to a copy of the system of mass mark utilization. The owner of the mark must inform the Directorate of any change in the system.

Article 39

The provisions of this Act shall apply to collective markings, taking into account:

a. The collective control mark can be recorded only by a legal person who does not manufacture, sell or import products and services on which the label is located.

b. The use of the mass surveillance mark shall be open to all persons who provide products or services to which the terms of instructions for the use of the mark are applicable other than the owner of the label.

c. The mass control mark cannot be the subject of a licence, transfer or discharge in any form, mortgage or any compulsory execution. If the legal person who possesses it is dissolved, the mark can be transferred to another legal person under the conditions established by a decision of the Minister.

d. It is required to accept the registration of the mass control mark: to meet the requirements of this law applicable to the control process and to obtain the necessary permits for the conduct of oversight work.

e. When a collective control mark is written off for any reason, it may not be registered or used for any purpose of 10 years.

Article 40

The registration of a mass censorship that contravenes the requirements of this Act shall be invalidated by the competent court and has an absolute effect upon the request of the Director of Protection, the Public Prosecutor ' s Office or any interested person.

CHAPTER VI: Rights arising from the registration of marked markings and marks

Article 41

Registration of the label shall be granted the right to ownership of the goods or services subject to registration in accordance with the provisions of this Law.

Article 42

No one shall be permitted without a licence from the owner:

a. Copies, uses or markings, if added to words such as the method of constructing a type, method or use of a marked mark for products or services corresponding to those listed in the registration.

b. Delete or modify the label that has been placed on products or services in an appropriate manner.

Article 43

No one shall be permitted without a licence from the owner, in the event of possible confusion in the minds of the consumer:

a. Copies, uses, marking or use of a marked mark in respect of products or services similar to those listed in the registration.

b. Marking or using a mark for products or services identical or similar to those listed in the registration.

Article 44

a. The owner of the internationally and in the Syrian Arab Republic, although not registered, may request the competent court to remove or prevent others from using a matching or similar mark or to translate it into similar or other products or services if the use of the mark on non-equivalent products is likely to induce others to believe that there is a link between the famous marker and those products, or that such use would detract from the mark or to the user.

b. In determining whether the mark is famous, account shall be taken of the extent of the mark in the relevant public sector in Syria.

Article 45

The marking does not preclude the use of the same signal or similar signal in the following cases:

a. Name, logo or business address of a shop if such use is either pre-registration or if a third person uses his or her family name in good faith.

b. As a necessary reference to indicate the use of a product or service, particularly as attachments or as spare parts, provided that such confusion does not arise about the source of the product or service.

However, if such use could harm the rights of the registered label owner, it could request the court to restrict or prevent the use.

Article 46

The right of the owner of the label to prevent third parties from importing, using, selling or distributing products that distinguish the label is exhausted if it markets those products in any State or permits for others.

Chapter VII: Transfer of title

Article 47

Ownership of the mark may be transferred in whole or in part by sale, full-time, by inheritance, trustee or mortgage, or any right in respect of which it is entitled to an allowance or free of charge with or without the project or business enterprise, in accordance with the rules and procedures provided for in the executive regulation after payment of the prescribed fee.

Article 48

The transfer shall be made at the request of a Party to the Agreement or its agent by an official special agent within ninety days of the date of the agreement. Delays in the registration request require payment of an additional fee as specified in this Act.

Article 49

If the transfer of ownership of the enterprise or business does not include the African marker, the owner of the mark may use it on the same products, services, category or categories registered with the mark unless otherwise agreed.

Article 50

The transfer of title ownership, mortgage or the determination of any right in the eye shall not be an argument unless it is recorded in the Special Registry of the Directorate. After the evidence of the required procedure is documented or certified, it is published at the expense of the marker in the manner specified in this Act and its implementing regulations.

Article 51

If there is a change in one or more of the partners in the ownership of the mark, not all of them, and the change in ownership results from a contract or accession process requiring written consent from other partners to this change.

Article 52

If a person ceases to engage in his or her business for any reason, resulting in the transfer of ownership and distribution of the label belonging to more than one person, the Directorate may distinguish it between persons who are found to have actually used that business in accordance with the restrictions, conditions and amendments which the Directorate deems.

Chapter VIII: Authorization for use

Article 53

The owner of the label may authorize one or more natural or legal persons to use and invest his or her mark for all or some of the products or services listed therein. The licence shall not be transferred to the other without the use of the label by the owner unless otherwise agreed in writing and the licence for the use of the mark shall not exceed the prescribed time limit for its protection.

Article 54

a. The licence contract shall not contain any provisions restricting the licensee to unnecessary restrictions in order to preserve the rights arising from the registration of the mark.

However, the licence contract may include the following conditions:

1. To determine the scope of the geographical area for the marketing of products or services with the licensed marker.

2. Limitation of the duration of the licence to use the mark.

3. Obligation of the licensee to refrain from any action that would impair the value of products or services that are marked by the label.

b. The owner of the mark shall be entitled to invoke the rights conferred upon him or her under the registration and enforcement of the mark on any licensee beyond the licensing requirements set forth in paragraph (a) of this article.

Article 55

a. The registration of a licence contract requires that it be documented or certified by the competent authorities for signatures.

b. Licensing shall be effective against third parties only after it has been recorded in the register of markings of the Directorate and after payment of the prescribed fee.

c. Delays in the registration of this contract shall be subject to " ninety days " from the date of the licence contract to pay an additional fee and shall be published in the manner specified in this Act and its implementing regulations.

d. Licensing contract must include conditions that ensure that the label owner controls the quality of products or services.

Article 56

Unless otherwise provided by the licence contract, the licensee may not waive the licence contract or grant sub-licences.

Article 57

The owner of the label or licensee may apply for write-off after the submission of evidence that the licence contract is terminated or terminated, the write-off shall be deemed effective from the date of the application and the write-off shall be published in the Royal Protection Gazette and at the expense of the owner.

CHAPTER IX: ENVIRONMENT OF ANYBODY AND SERVICES

Article 58

a. Any infringement of the rights of the registered guarantor entails the responsibility of the perpetrator.

b. An infringement of the rights of the registered holder violates articles 42 and 43 of this Act.

Article 59

The competent courts shall decide on cases of fraud and tradition and on cases of similarity of marking in general, after placing themselves at the place of the ordinary consumer of the product or recipient of service or taking into account the overall similarity between the original mark and the marks complained of without considering their differences in partition or detail.

Article 60

The paradox that is covered by the penal protection is the differential mark recorded in accordance with the provisions of the law.

Article 61

Without prejudice to any more severe penalty provided for in any other law: a term of imprisonment of " three months " to " three years " and a fine of 300,000 to 1000 million Syrian lire or any of these penalties shall be imposed on any person who:

a. Use of a leaflet for others by accidentally placing it on its products or services.

b. A distinction made by others, even if it adds words or other words such as suspicion, suspicion, type, character or character, etc.

c. Use of a ticking knot.

d. Sale or offer for sale, trade or possession for the purpose of selling and trading products with an improperly marked or replicated mark.

(e) Manufacture, search, dig or sell a painting, a metal printer, seal or other sign of duly registered markings or any tradition in order to enable any person other than the owner of that mark to use it or to identify it in the same type of goods for which the mark was registered.

Article 62

Without prejudice to any more severe punishment provided for in any other law punishable by a term of imprisonment of " three months " to " two years " and a fine of 1,200.000 to 6,000.000.000.000 or 600,000 Syrian lire, or by one of these penalties, each of the other ' s semi-marks with intent to cheat without any restriction, sale, sale, offer, trade or trade services or product.

Article 63

Without prejudice to any more severe penalty provided for in any other law punishable by imprisonment of " two months " to " two years " and a fine of 200.000/200.000 Syrian pounds and 500/5,000 Syrian lire or any of these penalties:

a.1 Used an unregistered mark contrary to article 4 of this Act.

2. He pointed out in any way that the mark was registered while it was not registered.

(b) A person shall be sentenced to imprisonment from one month to one year and a fine of 100,000 to 300,000 Syrian pounds or three hundred thousand Syrian pounds.

Article 64

Any person who has submitted knowledge of:

a. Use of a collective mark on conditions other than those specified in the Regulations annexed to the request for registration.

b. Sale or marketing of a product with a collective asset-using mark.

Article 65

Without prejudice to any more severe punishment provided for in any other law, a penalty of up to three months ' imprisonment and a fine of 10000-10000 to 50,000 50,000 Syrian pounds, or any of these penalties shall be imposed on anyone who contravenes the provisions of article /6/ of this Act.

Article 66

The same penalty provided for in article /65/ shall be imposed on those who used their registered mark in a materially different way to the form of the mark given to him if such use would lead to misleading the public or encroaching on the acquired rights or registered marks of others.

Article 67

In any event, the minimum penalty of imprisonment and financial fine may not be imposed in the application of the penal provisions of this Act.

Article 68

A person who has been sentenced to one of the offences set forth in this Act shall be considered as an actor, a partner or an intervenor who has returned and sentenced to another offence within five years following the first sentence.

Article 69

If the offences punishable in this chapter are repeated, the penalty shall be two to three years ' imprisonment and the fine shall not be lower than the maximum limit specified in the present articles nor higher than the double limit and shall be repeated in accordance with article /68/ of this Law.

Section II: Geographical indicators

Article 70

a. Geographic indicators: indicators that would determine the origin of the product in a State, region, region or country when the quality, character, reputation, reputation or other characteristics of the product that affect the promotion of the product are essentially due to that geographical origin.

Protection of these indicators requires that they have acquired protection in the country of origin and are still protected.

b. Country of origin: the country whose name is the name of the origin of the product or the country where the territory or the name of the origin of the product is located is located.

Article 71

Registration of a geographical marker requires that the production of the goods on an ongoing basis by the applicant for registration in the geographical area of special fame and is accompanied by a certificate of origin to prove it.

Article 72

No one in a celebrity for the production of a commodity may place on products with geographical indicators in such a way as to mislead the public of the origin of such products and suggest that they are exported by the private celebrity.

Article 73

No means may be used to nominate or offer a commodity which in such a way as to mislead the public that it has originated in a geographical area other than its real origin, yet geographical indicators of wine and liquor benefit from such protection, even if the use does not result in misleading the public or illicit competition.

Article 74

A product of a commodity in a privately-known producer may not make it a geographical indicator of its produce of similar goods in other regions which would suggest that it is produced on the private celebrity.

Article 75

A mark containing a geographical indicator may not be registered if its use would mislead the public regarding the true origin of the commodity.

Article 76

No person may use a geographical index that constitutes an illegal competition contrary to the well-known customs of industrial or commercial activities.

Article 77

A mark containing a geographical indicator may be registered if the right to such a mark has been acquired through good use before the effective date of the provisions of this Act or before the geographical indicator has been granted protection in the country of origin, the duration of its protection has expired or is no longer used in that country.

Article 78

Some products may be called geographical names that have become mainly commercially relevant to the producer without its geographical origin.

Article 79

Any interested party may file an application before the competent court for the prohibition of the use of any geographical indicator that has not been included as a recorded milestone if such use would mislead the public of the true origin of the goods.

Article 80

The Minister shall issue a decision to determine the conditions and conditions under which geographical indicators are recorded in the register in the Protection Directorate.

Article 81

Without prejudice to any more severe penalty provided for in any other law, a penalty of up to six months ' imprisonment and a fine of 50,000 to 200,000 Syrian pounds or 200,000 Syrian pounds shall be imposed. If the penalty is repeated, the penalty shall be at least one month ' s imprisonment plus a fine not less than the maximum stipulated above:

a. Any person who has placed on the goods traded in a special celebrity in the production of a particular commodity geographical indicators and evidence in such a way as to mislead the public as they originated in this area.

(b) Any person who has used any means of nominating or displaying a commodity suggests in such a way as to mislead the public that it has developed in a geographical area of special character other than its real origin.

(c) Each commodity producer in a privately-familiar producer has developed a geographical indication or indication of the goods produced in other regions that would suggest that they are produced on the subject.

Section III: Decree and industrial models

Chapter I: What is considered an industrial fee or model

Article 82

Industrial drawing:

An industrial fee shall be deemed to be any installation, coordination or colour of lines or colours that appear on products in a new and distinct manner from previously known charges, which shall provide the product with or gain a special form that distinguishes it from other similar goods and products, whether manually or using the machine or computer, including textile designs and other materials.

Industrial model:

It is the external form of any body, whether linked to lines, colours or not, to be new and distinct from previously known models and to provide a special form that can be used for an industrial, artisanal or manual product.

For example, printed textiles or coloured paper used to cover walls or to cover materials and goods include new models of dresses, coats, hats, headaches and olives, such as pearls, footwear, footwear, casings, bottles, liquor cans, alcohol beverages, food, drinks, perfume and other forms of cereal.

Article 83

Any person who has invented the drawing, model or who has been transferred to it alone has the right to exploit, sell, offer to sell and authorize the use of the fee or model to others, provided that the fee or model has already been registered with the Directorate.

CHAPTER II:

Registerable and unregisterable industrial fees and models

Article 84

a. Fees or industrial models that can be registered and protected under the provisions of this Act are the fees and models in which the element of grandmother and excellence is available and which include external qualities that make them special in nature and distinguish them from previously known fees and models.

b. An industrial chart or model shall be considered new if it is not disclosed to the public anywhere in the world in any manner whatsoever, including its use or substantial dissemination, whether disclosed prior to the date of deposit of the registration request or prior to the date of priority of the application, as appropriate. However, the design or industrial model shall not lose the name of the grandmother if the offer or description has been made after the request for registration in a State member of a relevant convention in force in Syria treats the same manner as a person, or as a person, or as a person who has been placed in a person in a person in a person who has not later than a person in an industrial art.

c. Industrial fees and models shall not be considered new and distinct if they are not substantially different from previously known fees and models or are allocated to another type of product other than those for which the pre-positioning or industrial model is assigned.

Article 85

The following industrial fees and models shall not be recorded:

a. Fees or industrial models that violate public order or morals

b. Industrial fees or models normally imposed by substantive, technical or functional considerations of the product

c. Industrial drawings and models representing national or foreign emblems, religious symbols, seals, flags or flags of the Syrian Arab Republic, other States or international organizations.

d. Fees or industrial models affecting intellectual, industrial or commercial property rights of others or their notorious brand

CHAPTER III: THE RIGHT TO RECOGNIZATION OF SECRETARIAT OR FORMS

Article 86

The right to register painting or industrial model shall be as follows:

a. For the innovator or the right to paint or industrial model

b. If two or more persons jointly devise a drawing or an industrial model, the right to register is owed to all or to those entitled to it and equally unless otherwise agreed.

(c) If two or more persons invent a drawing or an industrial model without their participation, the right to register is for the former applicant to register.

d. If the employer is invented by the worker as a result of the implementation of a contract of employment, this innovation shall be briefly committed unless the contract of employment provides otherwise.

Chapter IV: Registration, dissemination and renewal of industrial fees and models

Article 87

a. The application for the registration of the fee or industrial model of the Directorate shall be submitted by the designer, model or legal representative of the Directorate in accordance with the conditions and conditions established by the executive regulation.

The application may include a number of fees and models not exceeding five provided that they are a homogeneous unit, each of which shall be reimbursed for the specific fee or model.

b. If the applicant is not resident in Syria, he or she shall designate a resident of Syria as his or her agent in the registration transactions. The application for registration shall include documents and data specified in the implementing regulation. The provisions of articles 11 - 13 - 22 - 23 - 24 - 24 - 25 - 26 - 26 - 27 - 28 - 29 - 30 of this Act shall apply to industrial fees and models, mutatis mutandis

Article 88

A registration student may cancel his or her application at any time without paying any fee or relinquishing him or her for payment of the fixed fee.

Article 89

The applicant may request that the publication of the fee or industrial model be postponed for a period of time.

No more than 12 months from the date of the submission of the application or from the date of priority in the event of a claim for priority.

Article 90

If the publication is postponed, the applicant can only claim the aggressor after having informed the alleged aggressor to register by sending a copy of the certificate of registration or the registered form as long as the publication has not been made because of the confidential nature of the application for registration, which is 90 days after the date of notification of the aggressor.

Article 91

The Directorate organizes a special register called " Industrial Fees and Models Register " , in which all data on industrial fees, models, owners ' names, addresses, procedures and legal acts are recorded.

Article 92

The Directorate shall grant the applicant a certificate for the registration of an industrial fee or model within a period of (30 days) from the date of registration in the register so prepared, for the expectation of the certificate from the Director or his or her author, for the conclusion of the Governor ' s seal and for the publication of the certificate in the Royal Protection Gazette in accordance with the conditions or data specified in the executive regulation and at the expense of the author of the certificate.

Article 93

Registration of an industrial fee or model shall entail the right of the owner to prevent the manufacture, sale or offer of sale or import of products in the form or form of such drawing.

The right to prevent third parties from importing, selling, offering to sell or distributing the products referred to shall be exhausted if the owner markets such products in any State or licences to others.

An abuse of this right shall not be considered to be the use of the design or protected industrial model by others:

a. Work related to scientific research purposes

b. Educational or training purposes

c. Non-commercial activities

d. Manufacture or sale of the parts referred to in order to repair them in exchange for fair compensation.

Other uses that do not unreasonably interfere with the normal use of a protected design or industrial model and do not unreasonably prejudice the legitimate interests of its author, taking into account the legitimate interests of its author.

Article 94

Each person may, in writing, request from the Directorate access to registered fees or models and may obtain data or extracts from them or on the restrictions or conduct in progress. The owner or industrial model may and may be entitled to them and any person who proves to be a party to a lawsuit relating to an industrial design or model may obtain a certified copy of the certificate of registration of the painting or industrial model after the payment of the prescribed fee.

Article 95

a. The duration of the protection of the drawing or industrial model (five years) shall begin from the date of the submission of the registration request and shall expire five years after the last day of the month in which the application for registration has been submitted and the fixed registration (five years) may be renewed for two consecutive periods of five years, with the last year of the period of protection following payment of the prescribed fee to be renewed and published in the paper of the Directorate.

b. The procedure for objective examination shall apply to applications for renewal of industrial fees or models registered prior to the entry into force of this Act for a period of one time. The decision of the Directorate to deny renewal shall be subject to appeal to the competent court specified in article 119 of this Act within a period of (30 days) from the date on which the author or the industrial model is informed of the decision.

Article 96

The owner of the sketch or industrial model shall be granted a grace period of six months to re-register from the expiry of the previous protection period for payment of a delayed fee. In the event of non-refurbishment, the fee or industrial model shall be deemed null and void by law and shall not be re-registered either on his or her behalf.

Article 97

The Minister for Public Interests, with a proposal by the Director and at the request of the competent authority, may issue a decision to grant non-exclusive compulsory licences using the fee or protected industrial model in exchange for fair compensation and the terms, conditions and procedures for granting such a licence are determined by the implementing regulations of this Act.

Article 98

The Public Prosecutor ' s Office, the Directorate and any interested party may request the competent court to invalidate the registration of the painting or industrial model and the competent court to decide to invalidate the registration if it proves that the registration is contrary to the provisions of this Act and the judgement is executed after the payment of the specific fee and, if the execution is requested by the Public Prosecutor ' s Office or the Directorate, no fee must be paid.

Chapter V: Transfer of title or industrial model

Article 99

Ownership of the painting or industrial model may be transferred in whole or in part by sale or full-time, in mosquito or without compensation and by way of inheritance or will, as may be subject to or determination of any right in kind, and property is transferred with or without the enterprise or business.

Article 100

Transfer of property, mortgage or determination of any right in kind to sketch or industrial model shall be an argument only after registration in the registry and shall be published in registration in the manner specified in this Act and its implementing regulation after payment of the prescribed fee.

Article 101

Registration shall be effected by the transfer of ownership, mortgage or the determination of any right in kind to design or industrial model at the request of one of the parties to the Agreement within ninety days of the full-time payment date and the delay in the application under registration requires payment of an additional fee as specified in this Act.

The alteration of the title of the owner of the drawing, model or name, change of agent or other conduct shall be subject to the duties arising in accordance with the conditions provided for in this Act and shall publish all such acts in the Property Protection Gazette.

Chapter VI: Licensing of the use and investment of a fee or industrial model

Article 102

The registered owner of the fee or industrial model may authorize the use and investment of the fee or model, and the licence shall not preclude the use by the owner of the registered design or model unless expressly agreed otherwise and the duration of the licence may not exceed the prescribed period of protection.

Article 103

A licence for use and investment shall be effective only after registration in its own registry and the registration shall take place within a period of (nine days) from the date of the licence contract after payment of the prescribed fee. The delay in the registration of the licence shall be subject to payment of an additional fee and shall be published in the manner specified in this Act and its implementing regulations.

Article 104

The owner of the drawing, industrial model or licensee may apply for the de-licensing of the licence following the submission of evidence that the licence contract has been terminated or terminated, the director shall issue a certificate and shall publish the write-off in the Royal Protection Gazette and at the expense of the owner.

Chapter VII: Extent to industrial fees or models and penalties

Article 105

Without prejudice to any more severe penalty provided for in any other law, two months ' imprisonment to six months ' imprisonment and a fine of not less than 20,000 Syrian pounds and not more than 6,000 6,000 / 600,000 Syrian lire or one of these penalties:

a. Any person who has given a fee or industrial model deposited in accordance with the provisions of this Act.

b. Any person who manufactures, sells, sells, offers for sale or acquires for the purpose of trafficking or trading shall be products that take a fee or industrial model that is so informed.

(c) Any person who has improperly placed his or her products, declarations, ironic marks, particular tools or other data leading to the belief that he or she will be registered as an industrial model.

In the event of repeated repetition, the penalty shall be imprisonment of at least one month in addition to a fine of not less than the maximum prescribed above and repeated in accordance with article /68/ of this Law.

Article 106

Pre-registration work does not give the injured party the right to initiate any proceedings arising out of this Act. The following acts of registration and pre-declaration are not heard by the injured party, although the civil action arising from article 120 of this Act is only proved to be in bad faith.

Part IV: Temporary protection of markets and exhibitions in Syria and foreign countries

Article 107

Examinations, fees and industrial models benefit from temporary protection in the markets and exhibitions in Syria and foreign countries if these markets and exhibitions are formally organized and participation or regulation must be formally applicable.

Article 108

The provisions of article 107 of this Act are to be used in order to protect its offer in the markets and exhibitions of a foreign country in which Syria participates in a request to the official representative of the Syrian State in the market or exhibition containing the nature of the offer attached to the document establishing that the offer to be protected has been placed on the market or exhibition.

Article (109)

When such documents are received by the representative of Syria, they shall be recorded in an ad hoc register, a certificate of entry shall be given to the opposition for payment of the prescribed fee and the opposition shall apply for protection within a period of three weeks from the day of the offer of the object to be protected.

Article 110

Upon the end of the exhibition or the market, the official representative shall send the special register organized to the Directorate in Syria and the person who has received temporary protection may transfer it to final protection within a period of (year) from the end of the market or exhibition after the certificate received has been issued in accordance with article 109/ of this Law and the actual protection shall then commence from the opening day of the exhibition or the market.

In accordance with the provisions of this Act and the articles on the protection of commercial and industrial property rights, the owner of the relationship submits the application for protection once and for all.

Article 111

A special decision shall be taken by the competent authority before the formal opening of markets and exhibitions in Syria indicating the actions to be taken by the opponents to ensure their products the temporary protection they may later transfer for final protection if they deem it useful.

Article (112)

Temporary protection organized in this way gives the relevant Syrians the same rights as registered industrial markers, fees and models.

Section V: Industrial and commercial awards

Article (113)

Any person who wishes to use an industrial or commercial award shall indicate when the award mentions its nature, the right name of the exhibition or the official authority it has given and the real and complete history given.

Article (114)

A person who holds a prize in his or her personal capacity can only use it and cannot transfer it to his or her shop or, on the contrary, the award granted to a producer goods follows the goods and can be used when he or she takes a full-time business place for the person and also when the reward is given to the business or industrial enterprise.

The person to whom the award was transferred could use it, since the award followed the shop, the reward given to a person as an assistant could only be used by the assistant if the name of the shop in which it was used was mentioned.

Article 15

The penalty shall be imprisonment of three months to two years and a fine of 200.000/200.000 to 400,000/four hundred thousand Syrian pounds or of any of these penalties ( provided that the fine shall not be less than 400,000 Syrian pounds if not accompanied by a term of imprisonment) for which they have been charged by the public using trophies given by opposition or commercial markets.

Section VI: Protection from illicit competition and protection of commercial secrets

Article (116)

Natural or legal persons are prohibited from engaging in any illegal competition and the following acts are considered illegal acts of competition:

a. Competitive actions that contravene good customs in industrial or commercial activities.

b. Businesses that would be generated by any means with a competitor ' s establishment, products, services, industrial or commercial activity, in particular if the business is related to an industrial or commercial right or if it is related to a peripheral mark used in the country whether registered or not and which leads to misleading the public.

c. Allegations contrary to the truth in the conduct of trade that may impair confidence in the origin, production or industrial or commercial activity of a competitor.

d. Data or allegations whose use in trade leads to misleading the public on the origin, nature, characteristics, validity, method of manufacture or quantity of goods.

e. Actions that would degrade the discriminatory power of the commonality or unduly benefit the reputation, reputation or reputation of the institution of others.

The disclosure of commercial or industrial secrets in a manner inconsistent with the legitimate practice of trade and confidentiality is achieved if:

1. Information as a whole or in the composition of its vocabulary was not generally known or not shared by industrial or commercial operators within its scope.

2. Its commercial value was derived from its confidentiality.

3. Reasonable measures have been taken by its legal holder to maintain confidentiality.

g. Any violation of the provisions of this Act and any act which the competent court assesses to be involved in unlawful acts of competition.

Article 17

Any person in the interest of civil proceedings to claim compensation for damage suffered as a result of any unlawful competitive acts and to suspend the practice of such acts and the right to request any of the provisional proceedings.

Section VII: General provisions

Chapter I: Priority right

Article 18

a. Any person who wishes to refer to the referendum shall be required to give priority to a prior placement in a country acceding to the amended Paris Convention for the Protection of Industrial Property or to a multilateral international convention to which Syria is a party or a State to which the right of priority is treated shall be accompanied by a statement indicating the number and date of such prior deposit and the name of the country in which it is signed and shall be submitted within a time limit of six months prior to the payment of such assignment.

b. The priority given in the preceding paragraph (six months) shall be for maxims, fees and industrial models and shall be effective from the date of the deposit of the first application and the date of deposit shall not be credited to the date of deposit.

Chapter II: Jurisdiction and prosecution rights

Article (119)

a. One of the Civil Start Court chambers is devoted to the consideration of all industrial and commercial disputes and civil cases.

b. Appeals from decisions of the Directorate and the competent committee shall be heard by the Chamber of the Civil Start Court of Damascus without any other administrative court.

c. A Chamber of the Civil Appeals Tribunal shall also be assigned to hear appeals from decisions of the Court mentioned in paragraph (a) of this article.

d. Jurisdiction in proceedings before the various jurisdictions on the date of entry into force of this Act shall continue until the final judgement has been rendered in the various stages and degrees of litigation. The new proceedings arising after the date of entry into force of this Act shall apply to the provisions of the preceding paragraphs of this article.

e. Parties shall remain entitled to domestic or international arbitration in respect of private civil disputes provided for in this Law.

Article 120

Civil proceedings against infringement of the label, fee or industrial model shall be instituted by the owner and the beneficiary of the right to exclusive licence on the label, fee or industrial model shall be entitled to initiate such proceedings if the owner does not bring the claim despite a formal warning to do so unless the licence contract otherwise provides and any party to a licence contract has the right to intervene in the infringement claim for damage caused by the infringement.

Article (121)

The respondent is liable to claim damages if the outcome of the proceedings proves that the plaintiff is not correct in his or her claim or proves that he is not correct in his request for provisional proceedings, as well as in the event that the request for provisional proceedings did not make the claim within the legal period.

Chapter III: Urgent preventive action and prevention of abuse

Article 122

A judge of urgency may order a meeting of bail or without it to order one or more of the appropriate provisional procedures until the basis of the dispute is determined, in particular:

a. All necessary precautionary measures to prevent an imminent attack on any registered commercial or industrial property right in cases where the attack is feared, including by refraining from or preventing the continuation of certain acts or acts, and by imposing hate fines in the enforcement of its decisions.

b. To suspend the implementation of registration procedures or to suspend the implementation of the registration decision of a registered industrial or commercial right, or to prevent the use or reserve of the registered right, or to prevent the opposition from using or authorizing its use and investment to others.

c. Proof of the fact that the right to protection is violated and describes and abstracts all that constitutes an infringement of the right or evidence of the attack wherever it is found, takes samples and decides to place it in the hands of the holder in exchange for or without bail and to appoint him as a judicial guardian or hand over it to a third person. To this end, the judge has the power to appoint such persons as he or she deems competent to make the case.

Civil or partial proceedings must be instituted with the original right of the competent court within fifteen days of the date of the urgent decision, otherwise all effects shall remain.

Article 123

a. The case concerning the dispute over the ownership of an industrial or commercial right registered with the Directorate shall not be heard before the reference to the record of this claim is made to the Directorate. This reference is an argument for others that the right in respect of which the claim has been made remains a subject of judicial dispute, which may give rise to a challenge or abrogate the rights of the registered person to his or her name.

b. Bankruptcy judgements against the owner of an industrial or commercial right registered with the Directorate shall be recorded in the register of this right at the request of the Court or by the agent of the Bill.

Chapter IV: Border measures

Article (124)

a. The General Customs Directorate shall, at the written request of a registered industrial or commercial title holder or beneficiary of an exclusive right registered in the Directorate, invest him or her after making such an investment as may be proved by the Directorate, inter alia, to control goods that constitute an abuse of this right even if they are in transit trade.

b. The customs authorities shall inform the prosecution service, the applicant, the owner or legal agent of the goods and the holder of the goods without delay of the procedures for seizure and defraying the goods.

c. The control procedure shall render a judgement and release of the goods in the event that the summons does not apply within a period of 10 days from the date of such action by the General Directorate of Customs, thereby proving:

1. Promulgation of precautionary action by the Court, the Summary Matters Judge, the Public Prosecutor ' s Office or the Chief of the Implementation Service to the effect that customs actions continue.

2. By civil or criminal proceedings, the Court shall decide in the study room on a period of three days from the date of the filing of the case that the applicant shall be required to provide a sufficient guarantee of its value to cover the responsibility of the plaintiff in the event of a return of the case and to provide such bail and to report a copy to the General Directorate of Customs within a period of 20 days from the date of the decision, subject to the lifting of the seizure procedure and the liberation of the goods.

3. For the purposes of the above-mentioned cases, the summons may obtain from the General Customs Directorate the names and addresses of suppliers, importers and consignees of the seized goods or their holders, as well as their quantities, despite each contrary provision.

d. Minimal quantities of goods included in passenger luggage and non-commercial personal use purposes are excluded from the application of this article in accordance with the relevant laws and regulations.

e. The request provided for in paragraph (a) above shall include an undertaking by the applicant that it is responsible for compensation to the supplier or source for any damage suffered as a result of the request in the event that the request is proved to be incorrect.

Chapter V: Public action, description and discipline

Article 125

Public action shall be taken on the offences set forth in this Act directly by the Public Prosecutor ' s Office or at the request of the Director or the injured party.

Article 126

a. The Public Prosecutor, whether or not the affected party has submitted its complaint, may order the identification, detailed inventory and seizure of objects, goods, tools and instruments. The director has such a right.

b. In the event that the proceedings were based on a complaint or allegation by the affected team, the Directorate is required to file an advance at the expense of compensation for the officers provided for in article 137/ of this Act and no action is taken immediately before the payment of the advance. If the proceedings are not followed up or the proceedings are instituted during the legal period, the advance shall be in favour of the Directorate.

Article (127)

a. Property protection workers assigned to identify, inventory, modelling and control offences under this Act shall have the capacity of the judicial officer for the protection of property and shall be designated by the Minister and shall carry out their work under an order or authorization issued by the Public Prosecutor ' s Office or by the Director of Protection or the Judiciary and shall inform the Directorate of any infringements of the provisions of this Act.

b. The employees mentioned in the preceding paragraph who have never performed the legal section until the application of the provisions of this Act shall be entitled to the following oath (the oath of great God is vested in me faithfully and sincerely) before and before the Civil Start Court of the Governorate.

c. Limitation organized by the Judicial Officer in the Protection of Ownership shall have the status of judicial officers.

d. The precaution shall be sent to the Public Prosecutor ' s Office for appropriate action.

Article 128

a. Criminal objects may be identified, stored and controlled and modelled in the following places:

Warehouses - supply shops - couriers - vehicles - commercial freight cars - warehouses - salines and stamps - hawala markets - commercial markets - exhibitions

Stations, access ports and free zones.

b. The officers of the Directorate of Justice shall have the power to close shops, laboratories and warehouses and their administrative stamps with red candles when there is any impediment or obstruction to carry out the tasks mentioned in the preceding paragraph for a period of three days, during which the director who has the power to cancel or extend the closure for a maximum period of 30 days "

c. The members of the Judicial Officer may use the armed force to support them in carrying out the tasks assigned to them under the provisions of this Act if necessary.

Article 129

The seizure of material shall be governed by the rules and any designation or inventory shall be made in such areas as:

a. Name, title and description of the organizers of the record.

b. Date, hour and place of business.

c. The authority ordered and the date of the order in question.

d. Name, structure, address, work and nationality of the person with the procedure.

e. If the measure occurred during the course of the road, the name, address and nationality of the persons listed in the shipping book or the bill of lading should be mentioned as their addressee.

A brief description of the circumstances of the action and the number of persons present.

g. Signature or refusal of signature by the disposer of objects and goods.

h. Signature of the organizers of the record.

The holder of objects can specify exactly all statements and reservations that he deems appropriate and receives items and goods to their hands or to others as a third person, pending the decision of the competent court to seize or leave such goods, and the number of regulators must not be less than two.

Article 130

The regulator shall not be compelled to inform the holder of its validity prior to the commencement of its investigations and when it wishes to verify the delivery of the non-productive product required under the guise of a registered industrial or commercial right, it may not be able to notify the holder of the investigation until the product is received. The sheriff may be accompanied by an expert appointed by the authority in which the order or such authorization is delivered.

Article 131

The warden shall, where he or she deems it appropriate, give a picture of the order under which he or she operates. If the enforcement of the measure is terminated, the author shall receive a copy of the record and of the list of things or records on which the measure has been arranged in the case of a separate list.

Article 132

a. Civil or criminal proceedings must be brought before the competent court within thirty days " commencing from the date of the last seizure. Otherwise, the measure shall be null and void and the bail shall be confiscated in the interest of the Directorate.

b. Before the judgement is rendered, the court shall either confirm or cancel the measures taken and may decide to reserve the items mentioned in the record and in the complete list or some of them. In this case, it may order the complainant party to pay before the arrest is made to ensure that it is assessed as the value of the objects to be seized and appoints the requisitioned order, preferring the warden to choose the person who has made the original appointment or seizure, if the place in which is in place where the detainee may be assigned.

Article 133

The detainee must hand over the following documents, otherwise the reservation was void:

a. Arrest decision.

b. An instrument establishing the creativity of bail as to whether a guarantee is identified.

c. List of reserved items.

d. Arrest record.

e. If the detainee refuses to receive the above-mentioned documents, this shall be recorded in the record of detention.

Article (134)

The warden who has made arrests shall immediately organize two copies, one of which shall be surrendered to the detainee. This record shall be governed by the example of the record detailed in article 129 of this Law. It shall attach a regulation of the seized items to which the detainee shall sign the documents. If the arrestee refuses to sign or cannot say at the place of signature, it is not possible to sign or sign the signature.

Article 135

Before criminal matters are identified, seized, seized and seized by the Directorate, the Directorate meets the following amounts:

/2000/ Alpha Syrian pounds on description, appointment and seizure of objects.

/2000/ Alpha Lira al-Syria for seizure or confiscation.

If the Directorate follows them on the basis of the complaint of the injured party, the party shall defray these amounts to the Directorate, but if the Directorate follows them directly and without complaint, no charges shall be paid and the compensation provided for in article 137 of this Act shall be treated.

Article 136

The defendant is required to claim compensation for the damage suffered by the plaintiff if the outcome of the proceedings proves that the plaintiff is not right in his or her claim or proves to be incorrect in his or her request for provisional action.

Article 137

Contrary to any other provision in force in any other law, the compensation of the employee responsible for the execution of the proceedings of article 135 of this Act shall be borne by the employer, shall be determined by a decision of the Minister, shall be paid by the owner to the Treasury Fund (Secretariat Section) and shall act on the basis of a statement signed by the Director of Protection.

Article 138

a. In any civil or criminal case, the court may decide to seize, sell and defray the items and goods complained of from the damages of the injured party or order the disposition of them in any other way that the court deems appropriate.

b. The Court shall order the removal and destruction of seized industrial markings and charges and, where appropriate, may order the destruction of industrial models, products, goods, assignor addresses, packagings, invoices, libraries, advertising devices or other devices which are contrary to the provisions of this Act, as well as the destruction of machinery and instruments that have been used in particular for the commission of the offence. The court may, upon conviction, impose the closure of an over-months of the offence.

(c) The Court shall, in adjudicating any of the offences set forth in this Law and on illicit competition, decide that the sentenced person shall not be eligible to elect a member of the Chambers of Commerce, Committees, Study Bodies, Trade Unions and Artisanal Societies and generally of each elected body to be re-elected.

d. The Court may also order the publication of the judgement in one or more newspapers at the expense of the sentenced person.

(e) The Court may rule on the injured party ' s holidays and damages if acquittal has been pronounced in the criminal proceedings and the Court may order all or some of the foregoing even when a decision is made to acquit the party complaining of in the criminal proceedings.

Article 139

Any judicial decision taken under the provisions of this Act shall be communicated to the Directorate by the Court, which rendered it for a maximum period of eight days.

Article 140

Material errors are corrected in documents issued by the Directorate or at the request of each interested party without a charge or a fine within one year of the date of issuance of the document or error and a fixed fee is corrected after that period.

Article 41

All requests for registration, renewal, amendments, undertakings, objections, images, pre-examination, agencies, certificates and other forms prepared by the Directorate and annexed to the implementing regulations of this Act shall be submitted, amended and valued by a decision of the Minister and by a proposal of the Directorate.

Article 142

a. The Directorate shall have a financial fund to deposit the amounts and values specified in this Act and the Executive Regulation in favour of the Directorate in order to meet the costs of publishing, print and other services provided to depositors

b. An angel of this fund shall be created and added to the rules of procedure of the Ministry

c. The Director shall be deemed to be a cashier for the amounts deposited in the Fund and disposed of by him for the benefit of the Directorate and its staff.

Chapter VI

Trade and Industrial Property Rights Registration Agents

Article 143

The registration agent is the natural or legal person authorized to register commercial and industrial property rights for his client.

Article 144

a. The work of the registration agent referred to in the preceding article may be carried out only by those whose name is on the schedule of trade and industrial property registration agents. The following conditions are stipulated in this table:

1. Be a citizen of the Syrian Arab Republic or a person in their judgment

2. Be eligible for university qualifications

3. Convicted by a penalty of punishment vested in the Secretariat or in public morals

4. Exercise its work in a private office qualified to engage in this work

5. Paying the fixed fee

b. Enrolment agents: local companies specializing in the protection of commercial and industrial property and companies established abroad have a registered branch in Syria, provided that in both cases the director applies the requirements of paragraph (a) of this article.

c. The Syrian lawyers or their judges shall be excluded from the filing of the probatives mentioned in paragraph (a) of the preceding article, except for the specific drawing.

Article 145

The registration agent is entitled to use a number of employees of his office to follow up on the work and tasks assigned to the Directorate under the following conditions:

a. To be citizens of the Syrian Arab Republic and their own

b. To have at least one scientific qualification from secondary testimony

c. Not sentenced to a penalty imposed by the Secretariat or public morals

The agent(s) of the Office shall be granted to such employees and employees who have previously signed permission to carry out such acts.

Article 146

Applications for registration shall be submitted to the Directorate and shall be registered in the Office of the Registrar. The applicant shall be granted notice of the registration and shall examine the requests made by a committee to this effect by a decision of the Minister.

The committee consists of:

- Director of Protection or his delegate.

- Director of Legal Affairs or his delegate.

- Head of department.

Article 147

a. Applications for registration shall be transmitted to the Committee together with the required documentation and shall be recorded by the Secretary of the Secretary of the Secretariat in a special register of the Committee according to the sequence of registration numbers in the Court. These documents shall be checked by the Committee at a meeting of their entire membership. The Committee may request the applicant to complete the documentation in the event of a lack of documentation or to provide clarification before a decision is taken.

b. The Secretary of the Committee shall organize a record of the meetings of the Committee and shall sign assets of all its members.

Article 148

Upon verification of the requirements and documents required, the Committee shall decide to approve the registration of the applicant in the schedule of commercial and industrial property registration agents and, in the absence of such conditions and documentation required, decide to reject the application and the decision shall be reasoned and explained for the reasons of rejection.

The schedule shall be recorded in consecutive figures with the date of approval of the entry.

Article 149

The Committee shall issue its decision to request registration within a period not exceeding (one month) from the date of submission of the application in conformity with all the requirements and requirements: the Directorate shall inform the applicant of the decision of the Committee after the issuance of a written letter and shall have the right to appeal the Committee ' s decision to the Council of State within sixty days of the communication of the decision.

Article 150

The Ministry produces an annual schedule of registration agents and publishes this table and its annexes in the Royal Protection Gazette and the Directorate ' s bulletin board.

Article 51

The registered recorder must be on the table informing the director of all the records.

The change in the title of his office or the loss of any registration requirement in his or her legal status in the course of the work entrusted to him or her shall be accompanied by a number of schedules in all offices and papers issued.

Article (152)

The name of the deceased registrar shall be removed from the table under the instrument of death, the decision to be taken by the Committee shall be issued and the survivor shall be informed of the special procedures for the liquidation of the office ' s assets. If a survivor requests the exploitation of the office and the conditions for the agency, his name shall be registered in the schedule and shall submit a new application, accompanied by the documentation required to the Directorate and shall follow the procedures established for approval of his request.

Article 153

In the event of any violation by the agent of the provisions of the Act or the implementing regulations:

The Committee or one of its members is mandated by its Chairman to verify the provenance of the incident attributed to the registration agent and to prepare a report on the outcome of the investigation of the recommendations.

If the offence is established, the Committee shall decide to suspend the agent for a term of not more than one year and shall prevent the submission of any new application, which shall not affect requests made before the date of the imposition of the penalty or the removal of his or her name from the client ' s schedule and shall duly inform the agent in writing.

A person against whom the decision was made may appeal the Committee ' s decision to the Council of State within sixty days of the date of the communication of this decision.

Article (154)

Registration agents may register any commercial and industrial property rights in their own names only in respect of their employment as agents and the Directorate is entitled to cancel registration which is made contrary to the provisions of this article against a specific fee paid by the agent.

Article (155)

Applications, certificates, transactions and acts described below shall be subject to the drawing shown in their respective parts:

Chapter VII

Final provisions

Article (156)

Fees for international students shall be determined in accordance with the Madrid Agreement, the Madrid Protocol and the relevant international treaties by a decision of the Minister.

Article 157

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

Article 158

The implementing regulations of this Act are promulgated by the Minister and decisions which he deems necessary to implement the provisions of this Act and its implementing regulations are issued.

Article 159

This Act shall be published in the Official Gazette and shall be deemed effective 30 days after the date of its promulgation.

Damascus, 22/2/1428H 12 March 2007



President of the Republic
Bashar Al-Assad

Advocate Nahl al-Masri












Number of observations: 576.

Comments:
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var dA = new Array; var x = 0; // first 8 characters in ccyymmd format for single date events /// first 8 characters in 0000mmd format for every year events dA[x+] = 20160417
Statement by the People ' s Assembly on the seventieth anniversary of independence


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