Last year Syria amended the provisions of its trade mark law that deal with the protection of famous marks.
Under the law before the amendment, a famous trade mark owner had to apply to the court to seek to cancel a trade mark registration or to prevent the same or a similar mark from being used or registered. As a result of the amendment (which came into effect on August 26 2009), the famous mark owner can now make such applications to the Ministry of Economy and Trade. It is required to form a committee to decide on applications filed within one month of the filing date.
By bringing the procedures for the protection of famous marks under the aegis of the Ministry, the amendment makes it possible for famous mark owners to avoid the complexity and timeframes of the Syrian court system, as well as potentially reduce costs and delays. The one-month time frame for a decision is a clear sign that there is a political will in Syria's leadership to resolve the complaints of famous brand owners expeditiously.
The 2007 Syrian trade mark law also contains another key provision which is intended to give famous mark owners an opportunity to cleanse the register of "copycat" marks. Article 34 of the law provides that marks that were registered under the old law be re-examined and re-published for opposition purposes (once only) if an application is made for renewal. In effect, renewal applications are being treated as if they were new applications for registration.
These important trade mark law provisions are part of the opening up of the Syrian economy to international markets and businesses. On-the-ground evidence of this is the recent opening of Syria's first large-scale mall (Dubai-style) – the Shahba Mall in the northern Syrian city of Aleppo (strategically located on the road to the Turkish border). It contains Syria's first Carrefour and Virgin Megastore, as well as stores for numerous other well-known brands such as Elle, Hugo Boss, Promod, Guess, Mango, Zara, Koton and Geox.
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| Peter Hansen |
Hansen & Partners
PO Box 64
Masakin Berzeh, Damascus
Syria
Tel: +963 11 512 6119
Fax: +963 11 513 4099
peter@iphansen.com
www.iphansen.com