Yemen – IP Registry in Sana’a cancels registrations held by U.S. and British owners
The Intellectual Property Office (IPO) based in the Yemeni capital city of Sana’a has announced a ban on products and cancellation of IP rights for companies based in certain countries that show support to Israel in the ongoing Gaza conflict.
To explain the situation in more detail, some historical context is required:
- Civil unrest in 2015 led to the resignation of the Yemeni government from Sana’a, causing them to retreat to the southern city of Aden and dividing the country into two states.
- In 2018, this government-in-exile established a separate IPO in Aden, declaring that an independent registration was required to cover the southern part of Yemen.
- The surviving IPO in Sana’a considered the Aden office illegitimate, and vice versa, although both offices operate under the same patent, design and trade mark laws.
- Therefore, since 2018, it has been possible to file patent, design and trade mark applications at both the Sana’a and Aden Registries, noting that most existing rights were historically managed by the Sana’a office.
The situation has been further complicated since the recent escalation in the conflict between Israel and Gaza. In response to the support given to Israel in this conflict by the USA and its allies, the Houthi-led government based in Sana’a has now declared various sanctions on companies based in these countries.
The first IP-related decision was issued against US-based companies on 31 October 2023, with a further announcement on 19 February 2024 also declaring the UK as a hostile state, thereby extending the same treatment to UK-based companies. The decisions indicate:
- Cancellation of all trade marks registered in the names of US and UK companies;
- Refusal of new applications and other matters for such trade marks;
- A ban on products emanating from these companies;
- Cancellation of the commercial agencies with these companies.
Whilst patents are not explicitly mentioned in these decisions, recent refusal by the Sana’a Patent Office to accept annuity payments for a granted patent in the name of a US proprietor gives a clear indication that the decisions extend to all IP rights.
In view of these developments, we advise all parties with IP interests in Yemen to review their portfolios and take the relevant action. This is especially important for US- and UK-based owners, who may no longer have any rights in the country. For instance, we strongly recommend such companies to register their trade marks with the newly established Trade Mark Office in Aden in order to secure trade mark protection in the southern region of Yemen, which is the only option currently available to them. Patents previously filed in Sana’a can also be extended to Aden via a request for protection extension.
For non-US/UK companies, we expect that a decision on whether to file with the Aden Registry in addition to existing rights at the Sana’a Registry will depend on each owner’s interests in the country and their budget. It should be noted, however, that whilst the Sana’a Registry has only explicitly mentioned the USA and UK by name, other allied countries may also be included in the ban.
We should highlight that we are only able to report the situation as it currently stands. Due to the instability of the region, we cannot comment on the permanence of the decision to cancel IP rights at the Sana’a Registry, nor the legality of the Office established in Aden. The above information is therefore intended to provide rightsholders with pragmatic guidance based on the current political and legal landscape.
