Intellectual Property Protection
The PA is developing an intellectual property protection law to clarify
and amalgamate the current legislative procedures described in
the following sections. The new law will also cover industrial
property, patents and designs, trademarks and copyrights. In the
near future, the Patent and Design Laws will be combined with Trademark
Laws and harmonized with GATT-related aspects of Intellectual Property
Rights. The laws below are those currently in existence.
Patent & Design Laws
Trademark Laws
Patent and Design Laws
The regulating laws in this regard are Law No. (22) for the year
1952 in the West Bank and law No. (56) for the year 1939 in Gaza.
Rights of inventors to exclusively use, make, manufacture, supply,
produce and sell their inventions, and to grant relevant licenses
are governed by the existing patent and design laws.
A special registry is kept for registration of patents at the
Ministry of National Economy in the West Bank and the Patent
Registrar in Gaza at the Ministry of Justice. The registry records
the names of patent owners, addresses of grantees of patents
and of persons registered as patentees, notification of assignments,
amendments, licenses, and other relevant information.
The Registrar may reject a patent registration application when
the patent contravenes the law, morals or public policy, or when
another person previously deposited the particulars of the patent.
Patents are protected for a period of sixteen years from the
date of application, unless otherwise stipulated.
The Court of First Instance (West Bank) and the District Court
or Registrar (Gaza) has jurisdiction to hear all cases concerning
infringement of patents. Compensation and injunctions are remedies
for a successful claim of infringement. In the West Bank the
High Court of Justice is empowered to hear appeals on decisions
issued by the Registrar with respect to patents.
Applicants who have protected their inventions or designs in
a country that has signed a bilateral
agreement with Palestine,
for the protection of patents or designs, may claim priority
to receive a patent for their invention and/or registration for
their designs. Such patent or registration shall have the same
date of registration as in that country.
Patents and Design Fees
| Description |
Cost (US$) |
| Application for registration of a patent |
11 |
| Application carrying statistics |
4.5 |
| Application to amend the characteristics before sealing it/after
sealing it |
1.75-3.25 |
| Application for an obligatory Certificate or to cancel a
patent |
1 |
| Application to register the new owner of the patent, mortgage,
license or any document in the record within six months from
patent description date |
1 |
| Application to amend a spelling mistake |
0.6 (before sealing) 4 (after sealing) |
| Certificate issued by registrar |
0.6 |
| Confirmation on copies of documents outgoing |
0.4 |
* these costs are as of the year 2000 and may
have changed. Please consider this a general guide to prices.
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Trademark Laws
Trademark protection in the West Bank is governed by Trademark
Law Number 33, 1952, Trademark Regulation Number 1 , 1952, and
the Product Marks Law Number 19, 1953. In Gaza, trademarks are
protected by Trademark Law Number 35, 1938 and the Product Marks
Law of 1938.
In order to qualify for registration Trademarks
should consist of letters, designs, signs or any combination
therof which have
a distinctive character. A person, deemed to be the lawful owner
/ user of a registered trademark, should use the word "registered," or
any words expressing or implying that registration has been obtained
for the trademark.
The Ministry of National Economy in the West Bank and the Trademark
Registrar in Gaza keep a registry of Trademarks, which contain
registered trademarks, the names and addresses of their proprietors,
descriptions of the goods, notifications of assignments, disclaimers,
and all other related matters.
The Law protects the registered trademark rights for an initial
period of seven years, beginning from the date of registration.
These rights are indefinitely renewed for periods of fourteen years
after the expiry of the original term, provided due fees are paid.
Palestinians or foreigners may equally claim to be the proprietors
of a trademark. The application for registering the rights to a
trademark must be sent, in writing, to the Registrar of Trademarks
for the registration of such rights.
Applicants for the protection of trademarks registered in a country
that is a party to an international convention for the protection
of trademarks, to which Palestine is also a party, shall have priority
in registering such trademarks in Palestine.
Procedures for Registering Patents, Trademarks and Trade Names
Registering a Trade Name for a Company
Registering a Trade Name for an Individual
Registering a Trademark and/or Patent in the West Bank and Gaza
for both Companies and Individuals
Registering a Trade Name for a Company
1. Completion of the application
2. Copies of the articles of incorporation, bylaws and the company
registration certificate
3. Rental contract for the company
4. License of profession
5. Certificate of merchant profile
6. Application, certificate, and signature submission fees
Registering a Trade Name for an Individual
1. Completion of the application
2. Copy of the ID
3. License of profession
4. Certificate of merchant profile
5. Chamber of Commerce certificate.
6. Rental contract
7. Application and certificate submission fees
Registering a Trademark and/or Patent in the West Bank and Gaza
for both Companies and Individuals
West Bank
1. Completion of the application
2. Copy of ID
3. Copy of the company’s article of incorporation
4. Description of the company's bylaws
5. Certificate of company registration
6. Application submission fee ($10)
Gaza
1. Completion of the application
2. Application and registration submission fees
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