What is a patent?
A new, modern and TRIPS compatible Patent Law was enacted on August 7, 2000, and entered into force on August 14, 2000. The Law provides a patent protection for inventions and plant varieties and a sui generis protection for layout designs of integrated circuits. Furthermore, the law provides protection for undisclosed information. According to an assessment conducted by the World Intellectual Property Organization (WIPO) on July 2002, the Patent Law is in complete conformity with the TRIPS Agreement. It was also pointed out that the provisions of the Plant Varieties exceed the minimum requirements of the TRIPS Agreement.
i. Plant Varieties: Plant varieties are provided protection by patents in accordance with TRIPS Article 27(3)(b). They are defined in accordance with the provisions of the International Convention for the Protection of New Varieties of Plants and in compliance with the TRIPS Agreement.
ii. Topographies of Integrated Circuits: Integrated Circuits are provided sui generis protection under Section III of the Patent law. The related provisions which were inspired, to a large extent, from the Intellectual Property French Code are in compliance with the requirements of the TRIPS Agreement.
iii. Undisclosed Information: The Trade/ commercial secrets are provided protection under Article 579 of the Criminal law. In addition, Article 47 of the Patent Law provides protection for undisclosed information as required by TRIPS Article 39. Enforcement procedures and adequate remedies are available in such a way to permit effective action against any act of infringement of undisclosed information including 2 months to 3 years imprisonment and/or a fine of 5 to 50 million Lebanese Liras.