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CONTENTS Palestinian Authority  Economic AnalysisLegal Information Info-Prod Country Guide  
BACKGROUND   JUDICIARY   BUSINESS FORMS & STRUCTURES   CURRENCY & BANKING  
INTELLECTUAL PROPERTY   TAXATION   INVESTMENT & TRADE   ENVIRONMENTAL LAW  

Intellectual Property

General

The Jordanian laws concerning trademarks, patents and designs are applicable in the West Bank, with the exceptions that publication requirements are fulfilled by publishing notices three times in a local newspaper and that the registration office is in the cities of Ramallah and Jericho. Copyrights are protected under Law No. 16 of 1924. In addition, autonomous cities are also governed by the Intellectual Property Laws of the West Bank.

In Gaza, the Palestinian Trademark and Patent Laws No. 35 of 1938, adopted during the British Mandate, are applicable. The registration system under those laws is very similar to those prevailing in the West Bank under Law no. 33 of 1952. Despite the different authorizing legislation, the substantive differences between the laws governing intellectual property matters are few.

Furthermore, a side letter to the Paris Protocol provides that the parties to the agreement will hold discussions regarding mutual recognition and protection of patents, designs and trademarks and other intellectual property.

Patents

In both Gaza and the West Bank patent protection is granted for a period of sixteen years from the date of filing the patent application. Furthermore, both systems allow for the compulsory licensing of a patented matter if the "reasonable requirements" of the public under the applicable law have not been met.

In Gaza, the novelty requirement for patentability may be met if the invention has not been previously published or used in Palestine. Likewise, the novelty requirement in the West Bank is met if there has been no prior publication, use or sale in the West Bank.

Trade and Service Marks

Trademark protection is available for registered trademarks for a period of seven years, a term which may be extended for additional periods of fourteen years each. The prevailing laws in both Gaza and the West Bank prohibit the registration of a trademark that is contrary to public morals.

It is now possible to register service marks in Gaza and the West Bank. The Palestinian Minister of Justice issued in September 1996, a decision amending Appendix No. 4 of the Implementation Regulations of the Trademarks Act of the Year 1940. Service marks can now be registered under the registration system applicable in Gaza. The International Classification of goods and services (classes 35-42) is used to classify services by enumerating the classes and class headings eligible for expanded registration.

Designs

New and original designs that have not yet been published may be protected under the laws of both Gaza and the West Bank. Both applicable legal systems prohibit the registration of designs that are contrary to morality or to the public order. In Gaza, a registered design may be compulsorily licensed under certain circumstances. Compulsory licensing of designs is not allowed in the West Bank.


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