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Yemen: New Industrial Designs Implementing Regulations

October 10, 2011

The implementing regulations related to Industrial Designs Law No. 28 of 2010 in Yemen have been issued according to Ministerial Decision No. 212 of 2011 dated October 3, 2011. The main features of this Law include the following points:

– A relative novelty bar exists. More specifically, disclosure of the invention without the knowledge or consent of the inventor shall not be taken into consideration if it occurred within the 6-month period preceding the filing date or priority date of the patent application.

– Design applications are published in the Official Gazette upon acceptance. Oppositions may be filed within 90 days from publication date.

– The protection term is extended to 10 years from filing date, instead of 5 years with a possibility to renew for 2 consecutive terms of 5 years each as per the provisions of the previous law. However, according to the new law, renewal is no longer possible. The implication of this is as follows: The remaining protection term of designs filed before the issuance of the regulations (that is, before October 3, 2011) will be calculated based on the 10 year protection period as defined by the new law.

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