Industrial Designs Law in Qatar

Industrial Designs Law in Qatar

1. Legal Framework

Industrial designs in Qatar are governed primarily by:

Law No. 30 of 2006 on the Protection of Intellectual Property Rights (as amended)

This law covers patents, trademarks, and industrial designs.

Regulations issued by the Ministry of Commerce and Industry

These provide procedural rules for registration, examination, and enforcement of industrial designs.

Qatar is also a member of international agreements affecting design protection:

Paris Convention for the Protection of Industrial Property

World Intellectual Property Organization (WIPO) treaties

2. Definition of Industrial Design

An industrial design is defined in Qatari law as:

Any new and original ornamental or aesthetic aspect of a product, including lines, shapes, colors, or textures, applied to a finished article.

Key points:

Protects the appearance of a product, not its technical function.

Can include 2D or 3D designs, patterns, or combinations of colors and shapes.

Must be new (not disclosed publicly anywhere) and original (created independently by the designer).

3. Requirements for Protection

To qualify for protection in Qatar:

Novelty – The design must not have been published or disclosed anywhere in the world before filing.

Originality – The design must be the result of the designer’s own intellectual creation.

Industrial applicability – The design must be applicable to a manufactured product.

Non-functionality – Features dictated solely by technical function are not protected under industrial designs.

4. Who Can Apply

Individuals (Qatari citizens or foreigners)

Companies or legal entities

Applicants must file through the Qatar Ministry of Commerce and Industry (MOCI) or a local agent if foreign.

5. Registration Process

The process in Qatar generally includes:

Filing an application with the MOCI:

Applicant details

Representation of the design (drawings, photographs, or digital files)

Description of the design and the article it applies to

Priority claim (if filed in another country under the Paris Convention)

Formal Examination:

Ministry verifies completeness of application

Checks whether the design meets the formal requirements

Substantive Examination:

Checks novelty and originality

Confirms compliance with non-functionality rules

Publication:

Accepted designs are published in the Official Gazette

Registration Certificate:

Issued upon approval

Registration date is considered the effective date of protection

6. Duration of Protection

Initial protection: 5 years from the filing date

Renewable every 5 years up to a maximum of 15 years

After expiration, the design enters the public domain

7. Rights Conferred

Registered design owners in Qatar have exclusive rights to:

Manufacture or import products with the design

Sell, rent, or distribute products with the design

License or assign the design to others

Rights allow the owner to prevent unauthorized copying or imitation.

8. Limitations and Exceptions

Certain acts are not considered infringement:

Private or non-commercial use

Use for experimental purposes or research

Use of designs applied to articles already made and sold with the owner’s consent

These exceptions ensure that industrial design protection does not hinder fair competition or scientific development.

9. Infringement and Enforcement

a) Civil Remedies

Injunctions to stop manufacture, sale, or distribution

Damages for losses caused by infringement

Seizure or destruction of infringing goods

b) Criminal Remedies

Fines and imprisonment for deliberate infringement

Enhanced penalties if infringement is commercial, repeated, or organized

c) Administrative Enforcement

Customs authorities can seize imported goods that infringe registered designs

Ministry can issue warnings and mediate settlements

10. Key Practical Notes

Design representation must be precise: high-quality drawings or photographs are recommended.

Foreign applicants can claim priority under the Paris Convention if filing in Qatar within 6 months of first filing abroad.

Licensing and assignments must be registered with the MOCI to be legally enforceable.

Monitoring the market is important because registration alone does not prevent infringement — the owner must enforce their rights actively.

11. Examples of Protectable Designs

Shapes and patterns of furniture, jewelry, or fashion items

Layouts and textures of packaging materials

Graphical interfaces of devices (if ornamental, not functional)

Design of consumer electronics casings

Non-protectable examples:

Technical features dictated purely by function

Ideas or concepts not reduced to a tangible form

Summary

Qatar protects new, original, and ornamental designs applied to products.

Registration is handled by the Ministry of Commerce and Industry, and grants exclusive rights.

Protection lasts up to 15 years through renewals.

Infringement can lead to civil, criminal, and administrative penalties.

Foreign designers can claim priority under international conventions.

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