DAMASCUS - A draft law for patents and utility models which is to replace the current Patent Law No. 47 of 1946 has been handed over to the Syrian Council of Ministers to be discussed and deliberated.
The draft law was prepared by a special advisory committee, which was formed by the Syrian Minister of Economy and Trade Amer Hosni Lutfi in December 2005, to examine legal texts and draft new laws related to Intellectual Property Rights (IPRs) in Syria.
According to the draft law, a patent shall be granted to each invention which is industrially applicable, novel and involves an inventive step, either concerning a product or an innovated method, or a new application of known industrial method.
One of the major features included in the new draft law is the extension of the previous 15-year patent term to 20 years from the date of filing the patent application in Syria; while protecting utility models for seven non-renewable years starting from the date of filing the application. In addition, patents on new plant varieties, micro organisms and most importantly chemical products related to pharmaceutical and medicinal preparations will now be accepted.
A new Journal under the name “Property Protection Journal” shall be created at the Industrial Property Protection Department (IPPD) where all accepted patent applications shall be published therein. The publication shall include: application’s number and date, patent’s number and address, applicant’s name and address, inventor’s name and address, a brief description of the invention, specifications and claims.
With respect to patent opposition, a period of 90 days from the date of publishing the acceptance of the patent application in the Property Protection Journal will be given during which any third party can oppose the patent application.
Other provisions in the draft law regulate patents’ assignment, merger, cancellation, ownership transfer as well as compulsory licensing.
The draft law also puts in order the work of commercial and industrial property rights in Syria.