Intellectual property (IP) refers to creations of the mind, such as inventions, designs & symbols, literary & artistic work, names and images used in commerce. Intellectual property is protected by law, which enables people to earn recognition or monetary benefit from what they invent or create. The IP system aims to foster an environment in which creativity flourishes.
Types of Intellectual Property
Every invention generally starts out as an inventor’s trade secret. Before inventors market their inventions, they need to secure one or more of the other forms of intellectual property. The different types of intellectual property are:
Copyright is a term that is used to describe the legal right a creator has over their literary and artistic work. The works covered under copyright are books, music, paintings, sculptures, films, database, advertisements, computer programs and maps. Copyright does not have any expiry date nor does it need to be registered. You automatically have a copyright registration of the product in your creative expressions at the time that they are fixed in a tangible medium of expression.
A patent is an exclusive right granted for an invention. It gives the inventor of the product the right to decide how- or whether- the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
A trademark is a sign that distinguishes the goods or services of one company from those of other companies. It is anything by which a customer can identify the product or source of the product. When the brand or trademark is made up of words, they are referred to as wordmark. To properly protect a trademark, one should research to find out if others are using a similar mark to yours. If not, then you are free to file a trademark registration.
4. Trade Secret
A trade secret is a piece of confidential information that is not publicly known, whether intentionally or unintentionally, and of which the owner has taken reasonable steps to maintain secrecy. They are not registered under the government body. Only those with a need to know can have access to the trade secret, and disclosures should be done only under a non-disclosure agreement.
What is an Intellectual Property Right?
Right that is given to an individual or a company to have exclusive entitlement to use its own creation without worrying about the competition at least for a specific period are intellectual property rights. These rights include copyright, patent, trademark and trade secret.
Intellectual Property Rights in Yemen
Intellectual property rights in Yemen are classified into various forms. They are as follows:
Trademark registration is done at the trademark office in Yemen. Once the trademark application is filed it is examined by the officials. If the trademark is accepted, it is published in the official trade gazette (Al-Tajirah). There is a 90-day period starting from the publication date open for filing an opposition to the registration of a trademark by any interested party. In the absence of opposition, or if the opposition is rejected, the mark is processed to registration and the registration certificate will be issued.
Documents Required for Trademark Registration in Yemen
The documents required for the trademark registration are:
- A Power of Attorney legalized by the Yemeni Consulate or any other Arab consulate
- Certified copy incorporation, or an extract of the commercial register which should include the name, address, date of incorporation and objectives of the corporation
- Print of the trademark (not required for word marks)
One set of documents is sufficient for filing any number of trademark applications for the same applicant. The validity of the registered trademark is for 10 years as of the date of filing the application renewable for periods of 10 years each.
A patent application must be filed at the Public Authority of Intellectual Property Rights at the Ministry, in accordance with the conditions and procedures provided for in the Intellectual Property Rights law. A formal examination of the patent is done by the authorities. Just like trademarks, if the application for patent is accepted then it is published in the official gazette issued by the General Bureau at the Ministry of Industry.
Documents Required for Patent Registration in Yemen
The documents required for the patent registration are:
- A Power of Attorney executed in the name of the applicant and legalized by the Yemeni Consulate
- A notarized and legalized deed of assignment by the Yemeni Consulate, if any, executed by the inventor(s), assigning the patent rights to the applicant
- One copy of the specification and claims together with its Arabic translation
- One set of the drawings relating to the invention, if any
- An abstract of the invention of not more than 100 words with an Arabic translation
- A certified copy of the priority documents for claiming priority
An application to register a design must be submitted at the Registry, along with the supporting documents. The Registrar, after examining the design, notifies the applicant of the receipt of the application within a month from the date of filing. The application then proceeds to examination, following which a decision to accept the application or reject it is issued. Once an application is accepted, it is entered in the register and published in the Official Gazette.
Documents Required for Design Registration in Yemen
The documents required for the design registration are:
- Power of Attorney executed in the name of the applicant and duly notarized and legalized by the Yemeni Consulate or any other Arab consulate
- A duly legalized extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate
- Two copies of the model or design, if it is two dimensional or two copies of each view thereof, if it is 3-D
- A duly legalized deed of assignment signed by the inventor, if the applicant is not the inventor
- A certified copy of the priority documents for claiming priority (if any)
The validity of a design is for 10 years from the date of application.
In the Republic of Yemen, a copyright is an automatic right that takes effect as soon as an original work is created, published or performed. Therefore, there isn’t any specific copyright registration process. It can be protected for up to 50 years after one’s death, depending on the type of work.
5. Domain Name
A domain name is registered in Yemen through the domain name reservation with the Yemen Net (main ISP).
Documents Required for Domain Name Registration in Yemen
The documents required for domain name registration are:
- Legalized and notarized Power of Attorney (Yemen or any other Arab country)
- Request Letter from the applicant (signed and stamped)
- A duly filled application form
Our Intellectual Property Services in Yemen
Business Setup Worldwide offers a complete range of Intellectual property services that aims to tackle any possible infringement and protect your creative work. We provide the following intellectual property services in Yemen:
- Registration and renewals in respect of domain names
- Rendering advice on contentious issues
- Litigation in relation to infringement and passing off of IP rights
- Conducting due diligence and audit of IP rights
- Prosecution of procedures related to trademarks, patents, domain name, design, and copyright
We at Business Setup Worldwide carefully monitor global IP movements. We offer counseling and information on Trademark, Patent, Industrial Design or domain names in Yemen, with full safety and confidentiality, providing high quality results and quick reports for your Intellectual Property Protection. As professionals, we strive to understand our client’s business needs and are committed to deliver the best services and to be always responsive and reliable. Our set of advisors in Yemen will cater to comprehensive global protection of your valuable IP assets.