Trademarks
T1: How long will it take to conduct a trademark search?
48 hours.
T2: Does your country use the international classification?
Yes.
T3: Are there any goods or services for which the mark cannot be registered?
No.
T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
The limitation of goods in a class will protect only the specified goods.
T5: Can a trademark be registered in the name of more than one applicant, i.e. joint application? If so, what are its requirements?
No. Not applicable.
T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
No. Not applicable.
T7: Can one application cover more than one class of goods/services?
No.
T8: May priority be claimed under the Paris Convention?
No, because the Palestinian National Authority is not a member to the Paris Convention.
T9: What is the term of protection of a trademark? From what date is it calculated?
7 years. It is calculated from the date of filing.
T10: Is marking compulsory and, if so, how should marking be made?
No. Not applicable.
T11: In the event a trademark is not renewed in due time, and another company registers the same trademark, can the original owner oppose the registration or not?
The original owner can oppose the registration within one year only from the date of the trademark not being renewed.
T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
Requirements are a set of the documents with the correct information
T13: Is use required before registration or for maintaining the registration in force?
No.
T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
Yes, but it depends on objection by the other party. It protects the trademark in the event of opposition. The trademark remains registered but protects only that item.
T15: What are the types of use required?
Local agent and selling products in the country.
T16: Can the assignment of an application be recorded?
Yes.
T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
Recording a license agreement is recommended.
T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
Yes.
T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
Yes. There is no tax.
T20: Can the trademark application be opposed, and what is the opposition period?
After publication in the official gazette, the opposition period is three months.
Patents
P1: Can a patent search be conducted?
Yes.
P2: Can a patent application be filed without its complete documents?
No.
P3: Can convention priority (Paris Convention) be claimed?
No, because the Palestinian National Authority is not a member of to the Paris Convention.
P4: Can a registration be obtained for pharmaceutical products?
Yes.
P5: What is the term of protection of a patent, and from which date is it calculated? Can it be extended?
4 years from the date of filing. Yes for 12 years
P6: Is a secret form of filing a patent permitted?
Not applicable.
P7: Is there a novelty requirement? Is it local or worldwide?
No. Not applicable.
P8: Are utility models granted protection in your country under the current law?
Yes.
P9: Is the patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?
Protection for software alone is available.
P10: Can the specification or claims be amended?
Yes.
P11: Could annuity payments be made before the granting of the patent?
Yes.
P12: In what language should the specification and claims of the patent be filed?
The original language and the Arabic Language.
P13: Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working?
No.
P14:What are the conditions that might lead to a compulsory license?
Not applicable.
P15: Must assignments be recorded within a certain period?
Not applicable.
P16: Does the Patent Law provide for licenses or registered users?
Yes.
P17: Does the Patent Office publish the patent applications in the Official Gazette?
Yes.
Design Industrial Models
D1: Are designs registrable in your country?
Yes.
D2: Should the design application be filed under the form of drawings and/or photographs? What is the size thereof and the number of views?
Yes. 3 copies of the design.
D3: What are the novelty requirements for a design application to be valid?
No requirements
D4: Can convention priority (Paris Convention) be claimed in your country?
No, because the Palestinian National Authority is not a member to the Paris Convention.
D5: Does your country use the international classification?
Yes.
D6: Are there any goods or services for which the mark cannot be registered?
No.
D7: Is the assignment by the creator compulsory for a design application?
No.
D8: Is there any deadline in order to apply for the publication of a secret filing of a model/design?
Not applicable.
D9: Are there any special advantages in filing a model or a design in a secret form?
Not applicable.
D10: Is it possible to file more than one design/model through the same application? If yes, are there any advantages in doing so?
No.
D11: What is the term of protection of a model or design in your country? Can this term be extended?
5 years from the filing date. Yes, for two periods.
D12: Is use required to maintain a registration of a model or design in your country?
No.
D13: Are designs/models protected by copyright law as well?
Copyright law is not implemented in the Gaza Strip.
D14: Are there provisions in your law to oppose a model/design registration?
No.
D15: Is it possible to apply for the cancellation of a model/design filed in a secret form?
Not applicable.
Copyright
Copyright law is not implemented in Gaza Strip
Domain Names
We do not have yet any laws concerning the protection of domain names.