WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/BHRlP/l 
11 May 2004 
(04-2114) 
Original: English! 
anglaisl 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BAHRAIN 
The present document reproduces the text! of the Draft Law (2001) on Patents and Utility 
Models, which is under consideration by the competent authorities of the Bahrain Government, 
notified by Bahrain under Article 63.2 of the Agreement by means of a communication from its 
Delegation dated 28 November 2001. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIEn!: INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BAHREIN 
Le present document contient Ie texte! du projet de Loi de 2001 sur les brevets et modeles 
d'utilite, actuellement examine par les autorites competentes du gouvernement bahre'inite et notifie par 
Bahre'in au titre de l'article 63:2 de l'Accord dans une communication de sa delegation datee du 
28 novembre 2001. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
BAHREIN 
En el presente documento se reproduce el texto! del proyecto de Ley de Patentes y Modelos 
de Utili dad de 2001, que esta siendo examinado por las autoridades competentes del Gobierno y que 
Bahrein ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo mediante una comunicaci6n 
de su Delegaci6n de fecha 28 de noviembre de 2001. 
1 In English only'/En anglais seulement.lEn ingles solamente. IF /N/IIBHRlPIl 
Page 2 
DRAFT LAW NO. ----(2001) ON PATENTS AND UTILITY MODELS 
CHAPTER I: PATENTS 
PART I: GENERAL PROVISIONS 
Article 1 
Patents are available for any inventions, Provided they are new, involve an 
inventive step and are capable of industrial application. They are available to 
inventions, whether related to new -imported or locally manufactured -industrial 
products, industrial processes or to a new application to known industrial processes. 
A patent shall be granted irrespective of any amendment, improvement or 
addition to a patented invention, it shall be granted to the owner of the amendment, 
improvement or addition, in accordance with the provisions of this Law. 
A patent is deemed to be industrially applicable if it can be applied or used in 
any field of technology. Industry shall be understood in its broadest sense, including 
chemical products related to nutrition, agrochemical products, chemical 
pharmaceutical products, micro-organisms, microbiological and non-biological 
processes for the production of plants and animals, and biological processes for the 
production of plants. 
Article 2 
An invention may not be considered as novel in its entirety or parts thereof in 
the following two cases: 
(a) if a an application has been filed for an invention, a patent has been 
granted for it or for a part thereof in the State of Bahrain or abroad before the filing 
date of the application for a patent; 
(b) if the invention has publicly been used in the State of Bahrain or 
abroad, or has been disclosed in a manner that enables an experimented person to use 
it before the deposit of the application for a patent. IP IN/ lIBHRIP /1 
Page 3 
For the purposes of Item (b) of this Article, disclosure shall not cover the 
display of an invention in national or international exhibitions during the year 
preceding the filing date of the application for a patent, in accordance with the rules 
and requirements determined under the Regulations. 
Article 3 
The following shall not be patentable: 
a. Inventions, the prevention of the commercial exploitation of which is 
necessary to protect public order or morality or to avoid serious damage to the 
environment. 
b. Plants and animals, other than micro-organisms, and essentially biological 
processes for the production of plants or animals other than non-biological and 
micro bio 10 gical processes. 
c. Diagnostic, therapeutic and surgical methods for the treatment of humans or 
animals, excluding products used for such methods. 
d. Scientific discoveries, theories and mathematical methods. 
Article 4 
The competent authority at the Ministry of Commerce and Industry shall 
establish a register to be known as the "Patent Register" where are recorded 
applications for a patent, as well as all data related to it and its exploitation and 
disposal, in accordance with the provisions of this Law and the Regulations and 
Decisions thereunder. 
Article 5 
Without prejudice to the provisions of international treaties in force in the 
State of Bahrain, any natural person or legal entity being a national of the State of 
Bahrain, from a Member of the World Trade Organization or from a State holding 
reciprocal relations with the State of Bahrain, shall be entitled to file an application 
for a patent, in accordance with the provisions of this Law. IP /NI 1 IBHRIP 11 
Page 4 
Article 6 
"Where an application for a patent is filed in a Member of the World Trade 
Organization or in a State holding reciprocal relations with the state of Bahrain, the 
interested person, or his successor in title, may file an application for the registration 
of the same invention, under the requirements, conditions and procedures provided for 
under this Law, within one year from the filing date of the application abroad. In such 
case, the filing date of the initial application shall constitute the basis for priority 
right. 
Notwithstanding the provision under Article 2 of this Law, the application ofa 
patent shall not be affected by the publication of a description of the invention, its use, 
or the filing of another application for it within the period provided for under the 
preceding paragraph. 
Article 7 
The inventor, or his successor in title, shall have right in the patent. Where the 
invention is a result of collective work by a number of persons, they shall all be 
equally entitled to the patent, unless agreed otherwise. Any person whose efforts are 
limited to execution may not be considered as participant. 
Where the invention is achieved by more than one person independently from 
each other, the one who files the earlier application shall be entitled to the patent. 
Article 8 
The patent shall belong to the employer where the invention is the result of the 
ful£11ment of a contract or undertaking for making efforts for the achievement of the 
invention, and where the employer establishes that the employee achieved the 
invention only by using the capacities made available to him by the establishment. 
Provisions under this Article shall apply to civil servants in the State and their 
subordinates. 
In all cases, the name of the inventor shall appear on the patent. Article 9 IP INI1IBHRIP 11 
Page 5 
Excluding the two cases referred to in the first paragraph of the preceding 
Article, where the invention is achieved within the activities of public or private 
establishment to which the employee is assigned, the latter shall undertake to inform 
the employer, by registered mail and acknowledgment of receipt, of the grant of the 
patent upon its reception. The employer shall have two alternatives: to exploit the 
invention or to buy the patent, against a fair compensation to be paid to the inventor. 
The choice shall be made within three months from the date on which he is notified of 
the grant of patent. 
Where the period provided for under the first paragraph of this Article has 
expired without the employer expressing the intention to own the patent, the inventor 
shall have the right in it. 
Article 10 
Where an application for a patent is filed by an inventor within one year from 
the date on which he left the public or private establishment, it shall be deemed as if it 
is filed while still in service. Both the inventor and the employer shall have all the 
rights provided for in the preceding two Articles, as appropriate. 
Article 11 
1. The name of the inventor shall appear in the patent, unless the latter indicates 
in writing that he wishes not to be named. 
2. The patent owner shall have the right to prevent third parties from exploiting 
the invention in any manner as follows: 
a) Where the subject matter of a patent is a product: The patent holder has the 
exclusive right to prevent third parties not having the holder's consent from 
the acts of making, using, offering for sale, selling, or importing for these 
purposes that product. 
b) Where the subject matter of a patent is a process: The patent holder has the 
exclusive right to prevent third parties not having the holder's consent from 
the acts of using the process, and from the acts of: using, offering for sale, 
selling, or nnporting for those purposes the product obtained directly by that 
process. IP /N/1/BHRIP /1 
Page 6 
Article 12 
With due regards to a defendant's right to protect his industrial and 
commercial secrets, a civil court may, in a claim relating to the exploitation of a 
patented industrial process used without the consent of its owner, order the defendant 
to prove that the process used to obtain an identical product is different from the 
patented process. This is provided that the plaintiff has been unable to identify the 
process actually used despite reasonable efforts; and provided the court believes it is 
likely that the identical product was made using the protected process. 
Article 13 
Rights conferred to the owner by a patent shall not cover the following: 
a) The use of the patent for personal purposes, which are non-commercial and 
non-industrial, or for research purposes. 
b) Where a third party in Bahrain has in good faith made arrangements to exploit 
in Bahrain the invention the subject of the patent before an application of a 
patent is filed and without the consent of the patent holder, that third party 
shall have the right to use the invention for the purposes of its own 
undertaking and provided that such right shall not be transferable 
independently of that undertaking. 
c) Use of the invention on a land vehicle, vessel or aircraft temporarily or 
accidentally present in Bahrain. 
d) The use by a third party of the patent during its protection period for 
manufacturing a pharmaceutical chemical product for the purpose of obtaining 
governmental approval for the marketing of the product provided that the 
marketing does not start prior to the expiry of the protection period. 
Article 14 
Patent protection shall be granted for a period of 20 years counted from the 
:filing date. Article 15 IP/N/IIBHRIP/l 
Page 7 
A fee shall be paid for the :filing of an application for a patent and an annual 
fee shall be paid for the patent on an incremental basis effective form the beginning of 
the second year from the grant of the patent until the expiration of the period legally 
determined for protection. 
In case of delay in the payment of the annual fee for a maximum period of six 
months, an additional late payment fee shall be paid. 
PART IT: PROCEDURES FOR PATENT APPLICATIONS 
Article 16 
The application for a patent shall be filed by the inventor, or his successor in 
title, with the competent authority at the Ministry of Commerce and Industry using the 
appropriate form, in accordance with the provisions provided for under this Law and 
with the conditions, requirements and procedures determined under the RegUlations. 
An application may not contain more than one invention. A group of inventions so 
linked as to form a general inventive concept shall be considered as a single invention. 
The application shall by accompanied, in particular, with a detailed description 
of the invention containing a complete statement on its subject and on the best method 
to be carried out by a person having ordinary skill. The description shall cover the 
new elements for which the applicant requests protection. The application shall also 
be accompanied with a drawing of the invention, when necessary. 
The applicant shall, in all cases, undertake to provide data on applications he 
has previously filed abroad on the same invention or anything related to their subject 
matter as well as the results of processing of such applications. 
Article 17 
The applicant may exploit his invention from the :filing date. IP/N/l IBHRJPI 1 
Page 8 
Article 18 
The applicant may, at any time prior to the acceptance of the application, 
withdraw the application, introduce any amendment to the description or drawing of 
the invention, provided that such amendment does not concern the substance of the 
invention. 
Article 19 
The competent authority at the Ministry of Commerce and Industry shall 
examine the patent application and its annexes to ascertain fulfillment of the 
prescribed conditions. It may demand the introduction of any amendments and the 
fulfillment of any conditions it deems necessary for its processing. Where the 
application satisfies the conditions referred to, it shall announce the acceptance of the 
application, within the period, and in accordance with the method and manner 
determined under the Regulations. 
Any person may, after the acceptance of the application, have access to the 
documents accompanying the application as well as any relevant information recorded 
in the Patent Register. 
Any interested person may file with the competent authority an opposition, in 
writing, to the conduct of procedures for the grant of the patent, within 60 days from 
the date of acceptance of the patent. Such opposition shall be reasoned. 
The filing of an opposition shall be subject to payment of a fee. 
The rules governing opposition and procedures for its processing shall be 
determined under the Regulations. 
Article 20 
If the competent authority at the Ministry of Commerce and Industry considers 
that the invention relates to public defense and security, it shall immediately notifY the 
Ministry of Defense or the Ministry of Interior -as appropriate -of the patent 
application and of its annexes. IP IN/ IIBHRJP /1 
Page 9 
The Minister of Defense or the Minister of Interior -as appropriate -may 
object to the acceptance of a patent application within 90 days from the date on which 
the documents are sent to him, against the purchase of the invention, agreement on its 
exploitation, or request for the application of the provisions of non-voluntary 
licensing in accordance with the provisions of this Law. 
Article 21 
The competent authority at the Ministry of Commerce and Industry shall issue 
a decision concerning the grant of a patent after 60 days from the acceptance of the 
application while no opposition has been filed thereon, otherwise within 30 days from 
the date on which a decision is taken concerning such opposition. 
Where a decision issued for the grant of a patent, the latter shall be recorded in 
the Patent Register. Such decision shall be published in the manner determined under 
the Regulations. 
The interested person shall be given an official document bearing the seal of 
the Ministry of Commerce and Industry and outlining patent information using the 
appropriate form established by the Ministry. 
PART III: TRANSFER, LICENSING FOR EXPLOITATION, MORTGAGE 
AND SEIZURE OF A PATENT 
Article 22 
The patent holder shall have the right to wholly or partially assign, or transfer 
by succession, or morgage the patent and to conclude licensing contracts. 
Without prejudice to the provisions governing the sale and mortgage of 
commercial establishments, the transfer and mortgage of a patent and deciding on the 
right to use it may not be used as evidence against a third party unless it is recorded in 
the Patent Register and the disposal is published in the manner determined under the 
Regulations. IP INI1IBHRIP 11 
Page 10 
Article 23 
The creditor may seIZe the debtor's patent m accordance with the rules 
governing the seizure of movables held by the debtor and third parties. [sic: The 
competent authority at the Ministry of Commerce and Industry shall exempt from the 
provisions concerning declaration by the party seizing of his holdings to the party 
being seized]. 
The creditor shall inform the authority of the seizure as well as the result of the 
auctions to be recorded in the Patent Register, neither may be used as evidence against 
a third party unless they are recorded in the manner determined under the Regulations. 
Recordal in the Register shall be subject to payment of a fee. 
PART IV: NON-VOLUNTARY LICENSING FOR THE EXPLOITATION OF 
A PATENT 
Article (24) 
The Minister of Commerce and Industry may issue a non-exclusive compulsory 
license for the exploitation of a patent in the following cases: 
a. National emergency or other circumstances of extreme urgency or for public 
non-commercial use provided that the holder of the patent is notified as soon 
as possible after the license is granted. 
b. Where the holder of the patent has not made sufficient use of the patent to 
the extent that he has failed to satisfy the need of the domestic market, at 
reasonable prices taking into account those prevailing internationally, after 
the lapse of 3 years from the date of the grant of the patent or 4 years from 
the date ofthe filing ofthe patent application, whichever is longer. 
In such a situation, the Minister shall have the right to issue a compulsory 
license to any person to whom the patent holder has refused to grant a 
license or to whom the holder has imposed unfair commercial terms in order 
to grant him such a license. IP /NI 1 IBHRJP 11 
Page 11 
c. Vlhere a patented invention (first patent) involves an important technical 
advance of considerable economic significance in relation to another 
patented invention (second patent), and where the first patent can not be 
exploited without exploiting the second patent, the holder of the first patent 
may be granted a compulsory license to exploit the second patent. This is 
provided that the holder of the second patent has refused to allow such 
exploitation on reasonable terms. The exploitation of the second patent 
authorized in this case may not be assigned without the assignment of the 
first patent. 
The holder of the second patent may also be granted a compulsory license to 
exploit, at reasonable terms, the first patent in respect to which the other 
compulsory license was granted. 
d. Vlhere the holder ofthe patent exercises his rights for anti-competitive ends. 
Article (25) 
The following provisions shall apply to compulsory licenses: 
a) Applications for compulsory licenses shall be considered each upon its 
own merits. 
b) The applicant shall pay the prescribed fee in respect of the application 
c) The license shall be exploited predominantly for the supply of the 
domestic market. 
d) The applicant must be capable of effectively exploiting the invention 
through an enterprise existing in the State of Bahrain. 
e) Except in the case referred to under Article 24(a), the license shall only be 
granted if the applicant has made reasonable efforts to obtain a license 
from the patent holder on reasonable commercial terms and conditions, 
and that such efforts have not been successful within a reasonable period 
of time. 
f) The applicant shall agree to limit the exploitation of the invention to the 
purpose, scope, conditions and period for which the license is to be 
granted. IPIN/1IBHRIP/1 
Page 12 
g) Where the proposed exploitation relates to semi-conductor technology, 
authorisation shall only be granted for public non-commercial use or to 
remedy practices determined to be anti-competitive. 
h) The proposed user shall not assign the license except with the enterprise 
or the part thereof relating to the exploitation of the invention and after 
the approval of the Minister of Commerce and Industry. 
i) The patent holder shall be entitled to adequate remuneration taking into 
account the monetary value of the license. The need to remedy anti­
competitive practices, if applicable, may be taken into account in 
determining the remuneration. 
j) The conditions provided for in items (c) and (e) of this Article shall not 
apply to situations where a license is granted to remedy anti-competitive 
practices. 
k) The Minister of Commerce and Industry shall ex officio or at the request 
of any interested party has the authority to amend the conditions of a 
compulsory license in case of change in circumstances . 
. Article (26) 
Except in cases of national emergency and other circumstances of extreme 
urgency as referred to under Article 24(a), the competent Directorate at the 
Ministry of Commerce and Industry shall provide the patent holder with a copy 
of the license application. The patent holder shall be provided a reasonable 
opportunity to respond in writing to the application. The processing of the 
application shall be in accordance with the procedure specified in the 
Implementing Regulation. 
The Minister of Commerce and Industry shall issue a decision accepting or 
rejecting the application and may grant an acceptance subject to any conditions 
he deems appropriate. In all cases, the Minister shall notifY the holder of the 
patent and the applicant ofhis decision within 30 days of the issuance of such a 
decision and the competent Directorate shall enter the decision in the register of 
patents. The decision shall also be published in the manner specified in the 
Implementing Regulation. Article (27) IP INI1IBHRIP 11 
Page 13 
The Minister of Commerce and Industry shall ex officio or at the request of the 
patent holder have the authority to terminate the license before the end of its 
tenn in the following cases: 
a. The circumstances, which led to the granting of the license, have ceased to 
exist and are unlikely to recur. In such case, the legitimate interests of the 
licensee shall be adequately protected in accordance with the tenns and 
procedures specified in the Implementing Regulation. 
b. The licensee has not exploited the license for two years from the date of its 
Issuance. 
c. The licensee has not complied with any of the conditions of the license or 
has failed to fulfil his obligations under this Law and the related 
Implementing Regulation. 
PART V: EXPIRATION AND INVALIDATION OF PATENT RIGHTS 
Article 28 
Patent rights shall expire in the following cases: 
(a) if the tenn of protection provided for under Article 14 of this Law 
exprres; 
(b) if the patent owner surrenders his rights thereon, provided that such 
surrender does not prejudice rights of third parties; 
( c) if, for a period exceeding one year, the patent owner fails to pay the 
prescribed fees in violation of the provisions of Article 15 of this Law in spite of 
warnings for due payment within the time limits determined under the Regulations, in 
a written letter by registered mail with acknowledgement of receipt; 
( d) if a final order is issued invalidating the patent; IP INIlIBHRlP /1 
Page 14 
(e) if a final order is issued canceling the patent as a result of non­
exploitation of the invention in the State of Bahrain within two years following the 
grant of a non-voluntary license. 
Expiration of patent rights shall be recorded in the Patent Register and 
published in the manner determined under the Regulations. 
Article 29 
The Ministry of Commerce and Industry, and any interested person, may, at 
any time, request the Supreme Civil Court to order the invalidation of patents which 
have been granted in violation of the provisions of this Law. 
CHAPTER II: PATENTS FOR UTILITY MODELS 
Article 30 
Patents shall be granted for utility models in accordance with the provisions of 
this Law for any new technical addition in the shape or composition of means, tools, 
equipment or parts thereof, products or preparations or processes for their 
manufacture and all that is used in commerce. 
The interested person may convert a patent application for an utility model 
into a patent application for an invention if the conditions therefor are met. The 
applicant for patent for an invention may also convert his application into a patent 
application for an utility model. 
The recordal shall refer in both cases to the initial filing date. 
Article 31 
The competent authority at the Ministry of Commerce and Industry shall 
establish a register to be known as the "Register for Utility Model Patents" where are 
recorded patent applications for utility models and all data relating to them and their 
registration and disposal, in accordance with the provisions of this Law and its 
Regulations and Decisions. Article 32 IP /N/1/BHRIP /1 
Page 15 
The term of protection for an utility model patent shall be for a non-renewable 
period of 10 years counted from the filing date of the patent application m the State of 
Bahram. 
Article 33 
Provisions concernillg patents provided for under Articles 2, 3, 5 to 11, 13 and 
15 to 29 of this Law shall apply to utility model patents. 
CHAPTER ill: GENERAL PROVISIONS 
Article 34 
Inventions and utility models satisfYing the registration conditions provided 
for under this Law shall enjoy provisional protection during the period of their 
exposition in exhibitions organized in the State of Bahrain or abroad, subject to a 
decision of the Minister of Commerce and Industry. 
The conditions, requirements and procedures for the grant of such protection 
shall be determmed under the Regulations. 
Article 35 
Any person may request access to the Patent Register and the Register ror 
Utility Model Patents provided for under this Law, and obtam extracts and copies 
therefrom, in accordance with the rules, procedures and manner determmed under the 
Regulations and against payment of the prescribed fee. 
Article 36 
Subject to the provisions for challenges provided for under Articles (18) and 
(19) and without prejudice to the provisions of Article (15) ofthis Law, any mterested 
party may submit a petition to the Minister of Commerce and Industry m respect of 
any final decision issued in accordance with this Law within 30 days of its 
notification to that person. A decision in respect of the petition shall be issued within 
30 days of its submission and the interested party shall be notified of the decision m 
writing within 30 days of its date of issuance. !fthe interested party is not notified of 
a decision within 60 days of the date of submission of his petition, such petition shall 
be deemed rejected. IP 1N11IBHRJP 11 
Page 16 
Where a petition has been rejected or deemed rejected, the interested party may 
appeal such rejection before the High Civil Court within 60 days of its notification or 
lapse of the period beyond which the petition is deemed rejected as the case may be. 
An appeal may not be brought before the court until a petition has been filed and a 
decision has been issued or the period for a decision has lapsed. 
Article 37 
Subject to approval of the Cabinet, the Minister of Commerce and Industry 
shall issue a decision determining categories of the fees provided for under this Law 
as well as the rules and rates of increase and reduction, and cases for exemption. 
Article 38 
The Ministry of Commerce and Industry and any interested person may 
request the Supreme Civil Court to order the recordal, in the Patent Register or the 
Register for Utility Model Patents, of any statement that had not been recorded; or the 
deletion or modification of any statement if it had been unlawfully recorded in the 
Registers or if it does not correspond to reality. 
Article 39 
Officials designated by the Minister of Commerce and Industry to ascertain 
the implementation of the provisions of this Law as well as decisions issued for the 
purposes of its implementation, shall have the capacity to enter the concerned 
establishments. 
Such officials shall have the authority to control infringements, establish the 
necessary official reports and refer them to the general prosecutor. 
Article 40 
(a) The President of the competent court may, upon demand from the owner of a 
patent or an utility model or pursuant to an order concerning a request, order one or 
more of the following measures and any other appropriate provisional measures in 
case of, or to prevent, infringement of any right provided for under this Law: IP/NI 1 IBHRlPI 1 
Page 17 
1. establishing an official record and a detailed description of 
goods and products, including imported articles upon their arrival, as well as 
machines and tools used for that purpose; and safeguarding the relevant evidence, 
where necessary; 
2. undertaking provisional seizure of the objects referred to in the 
preceding paragraph. 
(b) the request shall be accompanied with sufficient evidence proving that the 
applicant is the right holder and that such right is, or is likely to be, subject to 
infringement. 
The President of the court may require from the applicant to provide the 
necessary information to assist the authorities responsible for implementing the 
provisional measure in determining the relevant goods. 
(c) The President of the court may, as appropriate, issue the said order urgently 
without summoning the other party -where any delay in issuing such order is likely to 
cause irrecoverable damage to the applicant or result in the destruction of evidence -
provided that the other party is notified upon issuing that order. This order 
establishing any such measures may include the designation of one or more experts to 
assist in implementation and prescribe the deposit of an appropriate bank or money 
bail for the safeguard against any unfair prejudice deriving from the procedure. The 
person against whom the order is issued may file an appeal with the competent court 
within ten days from the date on which the order is issued or on which he is notified, 
as the case may be. In such case, the Court may confirm the order or reject it in full or 
in part. 
(d) The case concerning the substance of the conflict shall be initiated within 15 
days from the date on which the order is issued, otherwise the measure taken shall be 
void. IP /N/1/BHRIP II 
Page 18 
Article 41 
Without prejudice to any more severe sanction provided for under any other 
Law, any person who unlawfully and knowingly performs one of the following acts 
shall be punishable by imprisonment for a period of at least three months and not 
exceeding one year and by a fine of at least 500 Dinars and not exceeding 2000 
Dinars or by either one: 
(a) imitating a invention or utility model patented in accordance with the 
provisions ofthis Law; 
(b) affixing on products, banners, marks, packing, packaging or any other 
object data that are likely to suggest that a patent has been obtained for an invention 
or an utility model; 
(c) manufacturing, selling, offering for sale or disposaL importing or 
acquiring for the purposes of sale a product protected under an invention or utility 
model patent in the State of Bahrain. 
The Court may require the publication of the order in one or more issues of 
daily newspaper at the expense of the party against who the order is taken. 
In case of a second offence, infringement shall be punishable by imprisonment 
for a period of at least three months and not exceeding two years and a fine of at least 
500 Dinars and not exceeding 4000 Dinars or by either one, together with the closure 
of the commercial establishment or business or the cease of the activity, as the case 
may be, for a period of at least 15 days and not exceeding six months. The decision 
shall be published in one or more issues of a daily newspaper at the expense of the 
party against whom the decision is taken. 
In case of conviction, the court may order the seizure or destruction of the 
products or goods obtained from the offence, including imported articles upon their 
arrival, as well as the machines and tools used for that purpose. 
In case of discharge, the court may order the seizure or destruction of the 
objects referred to in the preceding paragraph if they have caused any damage or been 
used to infringe the rights of the right holder. IP /N1l/BHRIP /1 
Page 19 
The General Prosecutor shall initiate sanctions on the offences referred to in 
this Article. 
Article 42 
Industrial privileges granted in accordance with existing Laws and Regulations 
pnor to the date of entry into force of this Law shall enjoy protection, and be 
considered as though they are registered under this Law. The elapsed period of 
protection shall be deducted from the term of protection provided for under this Law 
in accordance with the procedures and manner detennined under the Regulations. 
Article 43 
The Provisions of this Law shall apply to any application filed prior to the 
entry into force of this Law and which is not subject to any industrial benefits. The 
applicant may amend his application in accordance with the provisions of this Law. 
Article 44 
All provlSlons concerrung industrial privileges under the Regulations on 
Industrial Privileges, Designs and Trademarks (1955) as amended under the Law 
Decree No. 22 (1977) shall be void. 
Article 45 
The Minister of Commerce and Industry shall promulgate the Regulations and 
Decisions necessary for the implementation of this Law. 
Article 46 
Ministers shall, each within their capacity, implement this Law upon its 
publication in the Official Gazette. 