07 Jul 2022
On 29 July 2021, Emir has enacted an important new law, FIFA Intellectual Property Law Number 11 of 2021, regarding the protection of trademarks, copyright, and related rights of the Federation International de Football Association (FIFA). The law is a key piece of legislation for Qatar to host the 2022 FIFA World Cup.
FIFA's Intellectual Property Laws provide significant protection to the intellectual property rights of FIFA by simplifying and facilitating the registration of such property with the “Department” of the Intellectual Property Protection at the Ministry of Commerce and Industry. FIFA’s trademarks are well known and are protected under the Paris Convention for the Protection of Industrial Property (1883), of which Qatar is a signed member.
In addition, FIFA Intellectual Property Law regulates the processes of
- FIFA inquiries into existing intellectual property rights registered with the Department,
- The registration of FIFA's intellectual property rights with the Department either directly or through a representative (if there is a delegation tool duly attested),
- Appeals the decision of the Department in the event of a refusal by FIFA to an application for registering intellectual property, and
- If there is any third-party objection to the decision of the Department to approve FIFA's intellectual property registration, after its publication in the Official Gazette.
The FIFA IP Act also outlines the responsibilities of the department for registering F intellectual property rights of FIFA, which provide for the deadlines for registration and expedited decision. The Department is required to notify FIFA if it discovers any third-party request for similar or identical trademark registration or any indications that the trademark may be affiliated with FIFA, which may lead to the general confusion. The department must notify FIFA of the decision to deny such an application within 10 days of the decision being issued.
Under the FIFA Intellectual Property Act, FIFA is exempt from filing the declaration required under Article 45 of Law Number 7 of the Protection of Copyright and Related Rights Act, 2002. The Law stipulates that the applicant must submit relevant documents for the registration of the intellectual property, such as the name of the author(s) associated with the common work or the name of any related right holder, the subject of the work, or the related rights, the written statement of the authors of the ownership of a work, or any related rights and entitlements granted to them.
The registration fee for FIFA’s trademarks, works, audio recordings, presenter rights, and radio broadcasts is waived. The provisions of Law Number 7 of 2002 on the Protection of Copyright and Related Rights, as well as the Law Number 9 of 2002 on Trademarks, Trade Data, Trade Names, Industrial Designs, and Geographical Indications, will apply to any subject which is not governed by the FIFA Intellectual Property Law.
FIFA’s Intellectual Property Law came into effect on 8 September 2021, in addition to FIFA Licensing Law Number 10 of 2021. If you have any queries reach out to the intellectual property lawyers.