Informed sources announced that the local ministries in charge of intellectual property and patent issues in the United Arab Emirates (UAE) have reached an understanding with the international pharmaceutical companies.
This brought to an end the outstanding dispute between local pharmaceutical companies and the American Society of Pharmaceutical Producers (PHARMA).
This dispute started when the UAE signed the 1998 WIPO Agreement which placed the UAE on the list of countries under probation in the field of intellectual property rights.
Sources said that the Ministries of Economy and Trade, Finance and Industry, Health and the Ministry of Information signed a "memorandum of understanding" with the American Embassy and "PHARMA" in February that will cause the UAE to be stricken from the list of countries under probation, placating both PHARMA and Gulf Pharmaceutical Industries (Gulphar).
The sources verify that the "memorandum of understanding" states that the Ministry of Health will register "Gulphar’s" products submitted for registration before January 1st, 2000 provided that the original American products had been registered in the United Arab Emirates before that date.
The memo also insures the secrecy of information relating to the composition of the American companies’ products which have been registered locally for a period of five years and guaranties that they will not be copied by local companies.
In return, The United Arab Emirates will issue a Law for Patents effective January 2005, which is the deadline for implementing the international intellectual property agreement (TRIPs) entered into by
tens of countries including the UAE.
As for foreign products that have not yet been registered in the UAE, the government has granted those foreign companies a period of six months to register their products in order to preserve the secrecy of
their research from being copied by local companies.
Sources speculate that the American Office for Commercial Representation will strike the UAE from the list of countries under commercial probation "301" within a very short period of time considering its involvement in the "understanding memorandum" as a commitment on its part regarding intellectual property rights.
Although many countries around the world have praised the efforts of the UAE in combating intellectual piracy and its exclusion from the list of countries under commercial probation for the year 2000, the
American Office for Commercial Representation had placed the UAE once again on that same list last year because of what it claimed to be an un licensed copying of medical products.
Officials in the local pharmaceutical companies said that such a claim was "unfair" considering that the UAE is still in the legal transition period before the implementation of the World Trade Organization agreements in 2005.
They also said that such an act on the part of the American Office for Commercial Representation is merely an attempt to pressure the UAE into amending the current laws, in order to provide and protect
intellectual property rights that include products and preparations of American pharmaceutical companies, in a way that prohibits the sale and promotion of such products in the local markets without the approval of the producing American company, owner of the trademark.
They are also of the opinion that this procedure aims to pressure the country into opening a Patent Office for granting patents to American medicines and pharmaceutical products in the UAE.
It is worth mentioning that the decision to place the UAE on the probation list was made after the Ministry of Health banned the registration of any medicine or pharmaceutical product that has the
same chemical composition and remedial effect of a patented medicine or pharmaceutical product, the protection of which is valid and authenticated by competent authorities in the country.
It is also worth mentioning that the UAE has developed, since the beginning of the year, a Patent Office for granting patents in cooperation with the Austrian Patent Office.
Officials said the government is about to amend its laws to suit the requirements of the "TRIPs" agreement related to intellectual property rights and patents.
Recent Changes In The PCT And EPC
Most Modifications with regard to the PCT will presumably come into effect on April 1, 2002. The amendments with regard to the implementing regulations to the European Patent Convention will mainly enter into force on January 2, 2002.
1. Modifications with regard to the PCT
Article 22(1)
PCT will be changed in that the time limit for performing the acts necessary to enter the national phase is changed from 20 months to 30 months from the priority date.
With this modification, the time limit for entering the national phase under Article 22(1) PCT will be the same as that which applies under Article 39(1)a) PCT.
In other words, when this modifications enters into force, it will not be necessary any more to request a preliminary examination in order to merely extend the time limit for entering the national phase
from 20 months to 30 months from the priority date.
2. Amendments to the implementing regulations of the EPC
The EPC now states that regardless whether or not the request for preliminary examination has been filed, the requirements for entering the European regional phase have to be performed within 31 months
from the date of priority, respectively from the date of filing (if no priority has been claimed).
This new rule is applicable to all PCT applications designating the EPO, for which the (old) time limit of 21 months from the date of priority, respectively from the date of filing (if no priority has been claimed) would expire on or after January 2,2002.
VIERING, JENTSCHURA & PARTNER
Telephone And TeleFax
Lines for AGIP West Bank Office
In view of the situation in the city of Ramallah, Palestine, the only
available telephone number of AGIP’s West Bank Office is: (970 2) 298 9401