Decree-Law No. 10 of 1993 on the Protection of Copyrights
We Isa Bin Salman Al Khalifa, the Ami of the State of Bah ain
Having eviewed the Constitution,
And Ami i O de No. (4) of 1975,
And Legislative Dec ee No. (12) of 1971 with espect to P omulgating the Civil and Comme cial P ocedu es Act, as amended,
And Legislative Dec ee No. (20) of 1975 with espect to the Legal Deposit of Intellectual Wo ks,
And Dec ee No. (5) of 1986 with espect to the Setting up and O ganisation of the National Council fo Cultu e, A ts and Lite atu e,
And Upon the submission of the Ministe of Cabinet Affai s and Info mation,
And with the app oval of the Council of Ministe s,
HEREBY DECREE THE FOLLOWING LAW:
Article (1) An autho is a pe son who p oduces o invents a wo k in the fields of lite atu e, science, a ts
o who w ites any w itten wo k o p oduces any c eative wo k elating to any kind of knowledge, in which case such intellectual wo k is att ibuted to him by way of clea ly displaying his name on50 it o with the use of a pen-name o by any othe method unless the e is p oof to the cont a y.
Article (2) (1) This Law shall p otect the autho s of c eative wo ks which a e of a lite a y, scientific,
a tistic and cultu al natu e in gene al ega dless of the natu e of such wo ks, o the type the eof, o the method of exp ession used the ein, o the pu pose of w iting o c eation.
(2) The afo esaid p otection shall be applicable to the autho s of the following wo ks:
(a) Books, b ochu es, esea ch wo ks and all p inted mate ials.
(b) Speeches, semina s, and lite a y, scientific and a tistic lectu es.
(c) All wo ks of d ama and musicals.
(d) Songs, musical compositions and tunes of songs.
(e) Paintings, sculptu e, deco ative wo ks, eng aving and photog aphy.
(f) Photog aphs, maps, geog aphical cha ts, enginee ing and a chitectu al plans and designs.
(g) Plastic a t wo ks and wo ks elating to topog aphy, a chitectu e and sciences.
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(h) Cho eog aphic wo ks and pantomime p esentations.
(i) Cinematog aphic, b oadcasting and television wo ks.
(j) Pe sonally c eated compute softwa e, including data bases. The afo esaid softwa e is defined as the enti e ph ases and inst uctions exp essed in any language, code o sign and intended fo , use by compute s di ectly o indi ectly with the aim of ealising specific esults.
(k) Wo ks involving compilation and classification of folk he itage items.
P otection shall be applicable to the title of the intellectual wo k if it is cha acte ised by being of a c eative natu e and if the wo ds a e not common of indicating the subject of the intellectual wo k.
Article (3) (1) P otection unde this Law shall be enjoyed by any pe son who t anslates, summa ises,
explains o simplifies the intellectual p ope ty indicated in A ticle (2), with the app oval of thei owne s so that the said p ope ty takes a new fo m. The same p otection shall be enjoyed by autho s of encyclopedias, language dictiona ies and selections of intellectual and c eative wo ks. Howeve , copy ight of photog aphic items shall not esult in p ohibiting a pe son f om taking new pictu es of the object to be photog aphed even if these new photog aphs a e taken f om the same place and in gene al unde the same conditions f om which the ea lie photog aphs we e taken.
(2) The p otection p ovided fo in the p eceding pa ag aph shall not p ejudice the p otection enjoyed by autho s of o iginal intellectual p ope ty.
Article (4) (1) P otection p ovided fo in A ticles 2 and 3 of this Law shall not be applicable to:
(a) Cou t judgements passed by the law cou ts in va ious deg ees and t anslations of such judgements.
(b) Official documents such as texts of laws, Ami i Dec ees, administ ative o de s, inte national t eaties, thei t anslations and all official documents.
(c) News epo ts which a e published o b oadcast to the gene al public.
(d) Intellectual wo ks which become pa t of the public domain.
(2) Howeve , if the mate ials p ovided fo in the p eceding pa ag aph a e published in compiled publications fo a eason that is att ibuted to c eative effo ts, a angement o any othe pe sonal effo t, they shall be conside ed as intellectual p ope ty which shall enjoy p otection by this Law.
Article (5) (1) Copy ights shall be att ibuted and confi med in favou of the autho solely unless the e is
a w itten ag eement to the cont a y.
(2) An autho shall have the exclusive ight to dete mine whethe to publish his intellectual p ope ty and to decide the method of such publication.
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(3) He shall have the exclusive ight to financially exploit his intellectual p ope ty in the manne he deems app op iate. No thi d pa ty shall exe cise that ight except by a w itten pe mission f om him o his successo .
(4) Howeve , the ights of an autho shall not be deemed p ejudiced by the mention of his intellectual p ope ty in the cou se of a adio o television p esentation of cu ent events.
Article (6) Fo the pu pose of di ectly exploiting his intellectual p ope ty, an autho shall be entitled to
do the following o to give a w itten pe mission fo the following:
(1) Rep oduce the intellectual p ope ty by all available means, including photog aphy, cinematog aphy, audio o video eco ding.
(2) T anslating the afo esaid p ope ty into anothe language, adapting, modifying, ab idging, summa ising, explaining o musically ep oducing it.
(3) P esenting an intellectual p ope ty to the public by way of a public pe fo mance, television, cinematog aphic o theat ical p esentation, adio b oadcasting o by any othe method, especially publication.
(4) Making an objection to any addition, deletion o alte ation to his intellectual p ope ty without obtaining his pe mission.
(5) Using any othe method deemed fit by the autho without being in conflict with the public inte est o o de .
Article (7) Notwithstanding the p ovisions of the p eceding A ticle, if an omission o alte ation takes
place in the t anslation of an intellectual p ope ty, modifying o developing it in any othe manne , an autho o his successo shall not have the ight to make an objection unless this shall esult in affecting the autho ’s honou o academic o a tistic status o if the content of the elevant wo k is p ejudiced.
In all cases, mention shall be made about what the modified intellectual p ope ty contains in the te ms of alte ation to the o iginal p ope ty.
Article (8) (1) Gove nment Minist ies and o ganisations shall have the ight to make use of any
intellectual p ope ty which was p eviously published fo using it fo educational info mation, cultu al o eligious pu poses in o de to se ve the public inte est, p ovided that the sou ce of that intellectual p ope ty o the name of its autho shall be indicated in a manne that shall not p ejudice the autho ’s financial ights.
(2) The media, newspape s and official magazines may quote, publish o b oadcast pa ts of o ext acts f om any intellectual p ope ty without the app oval of its owne if such action cont ibutes to enhancing the awa eness o education of the public opinion p ovided that c edit shall be given to the intellectual p ope ty in question and the name of its autho in a manne that shall not p ejudice the autho ’s financial ights.
Article (9)
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An autho o his public o p ivate successo may oppose the acts indicated in A ticle (8) should they have the effect of damaging the autho ’s eputation, lite a y o a tistic fame o cause ha mful effects to his financial ights.
Article (10) (1) Academic and cultu al institute and unive sities, official documentation and esea ch
cent es and public lib a ies shall be entitled to ep oduce o photocopy lite a y, scientific and a tistic intellectual p ope ty to the extent of the numbe of copies equi ed fo meeting the equi ements and activities of these institutions and se ving thei objects without obtaining a p io pe mission f om the autho , p ovided that this shall not p ejudice thei legitimate financial inte ests.
(2) The milita y fo ces music band shall have the ight to play musical composition without being unde an obligation to pay any conside ation to the compose s as long as such playing does not yield any financial p oceeds.
Article (11) Once an autho has published his intellectual p ope ty, he shall not be entitled to ba any
pe son who ep oduces his intellectual p ope ty, t anslates, ab idges, photocopies o p oduces ext acts the ef om, p ovided that such act shall be fo his own pe sonal use and shall not have the intent of eaping any financial etu ns, p ovided that c edit shall be given to that pa ticula p ope ty and the name of its autho .
Howeve , publication of the afo esaid p ope ty shall not take place except afte obtaining a pe mission f om the o iginal owne and autho .
Article (12) Owne s of o iginal fine a t wo ks and w ite s of o iginal music notes shall be empowe ed,
despite having assigned the owne ship of thei intellectual p ope ty in favou of anothe pe son without conside ation, to claim a compensation which shall not exceed one half of the value of such wo k of a t if it is sold at a public auction o if it makes financial etu ns as a consequence of the sale o disposal the eof. This p ovision shall not be applicable to wo ks of a chitectu e o applied a t.
Article (13) If the public inte est equi es the publication of an intellectual p ope ty which has not been
published o epublished by the autho ’s hei s in spite of fo mally equesting them to do so by the National Council fo Cultu e, A ts and Lite atu e, the Ministe of Cabinet Affai s and Info mation may by vi tue of an o de to be issued by him inst uct the afo esaid National Council of Cultu e, A ts and Lite atu e to publish the said p ope ty afte the lapse of one yea f om the date of the fo mal equest to the hei s, while giving them a fai compensation without p ejudice to thei ight to contest the afo esaid o de of the Ministe of Cabinet Affai s and Info mation befo e the High Civil Cou t within thi ty days f om the date of becoming awa e of such o de .
The Ministe of Cabinet Affai s and Info mation may seek the issue of an o de f om the High Civil Cou t to oblige the hei s to delive the intellectual p ope ty to the National Council fo Cultu e, A ts and Lite atu e, if necessa y.
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Article (14) An autho may do any legal act that has the effect of t ansfe ing all o some of the ights
p ovided fo in this Law.
Article (15) (1) All legal acts having the consequence of t ansfe ing copy ights must be confi med in
w iting by vi tue of cont acts which shall be legalised and ente ed into between the autho o whoeve to whom the ights of an autho and his beneficia y have been devolved. Such cont acts shall be made in t iplicate o in a numbe of copies in excess of the numbe of the cont acting pa ties by one copy. The said cont acts shall contain the full names of cont acting pa ties, thei nationalities, kind of intellectual p ope ty, the disposal affecting it and the legal consequences of such act.
(2) One copy of eve y legal act involving a t ansfe of copy ight shall be deposited with the Copy ight P otection Office, at the Minist y of Cabinet Affai s and Info mation.
(3) The Ministe of Cabinet Affai s and Info mation shall issue an o de egulating the setting up of an office belonging to the Minist y of Cabinet Affai s and Info mation fo p otection of copy ight, method of depositing legal acts, dete mining ways and means of such deposit afte obtaining the app oval of the Council of Ministe s to the p esc ibed fees in this espect.
Article (16) A disposal by an autho involving his enti e intellectual wo ks in futu e shall deemed null and
void.
Article (17) A disposal of the owne ship of the only o iginal copy of an intellectual p ope ty o seve al
copies the eof shall not have the consequence of t ansfe ing copy ight to the afo esaid p ope ty.
Article (18) If mo e than one pe son pa ticipate in p oducing an intellectual p ope ty so that it is not
feasible to sepa ate the sha e of each of them in this jointly p oduced wo k, all of them shall be conside ed equally as the joint owne s of such p ope ty unless the e is an ag eement to the cont a y.
In such case, the ights a ising f om such copy ight may not be exe cised except by the unanimous ag eement of all the joint autho s, failing which thei diffe ence shall be settled th ough the ju isdiction of the High Civil Cou t.
Each of the co-autho s shall have the ight to b ing a summa y legal action upon the occu ence of any beach of copy ight and the ight to commence a legal action of his sha e of the compensation fo the damage occu ing as a esult the eof.
Article (19) If seve al pe sons take pa t in p oducing an intellectual p ope ty so that it is possible to
sepa ate the sha e of each of them, each of the pa ticipants shall have the ight to exploit the pa t
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that he has pe sonally cont ibuted, p ovided that this shall not p ejudice the exploitation of the jointly owned intellectual p ope ty unless the e is an ag eement to the cont a y.
Article (20) Without p ejudice to the autho of the lite a y pa t of intellectual p ope ties involving
musicals, the music compose shall have the exclusive ight to autho ise the public pe fo mance of the enti e jointly owned intellectual p ope ty, its p esentation, publication o p oducing copies the eof.
The autho of the lite a y pa t shall be entitled to publish his own wo k, p ovided that he may not dispose the eof to se ve as a basis fo p oducing anothe musical p ope ty unless the e is an ag eement to the cont a y.
Article (21) Fo co-p oductions of intellectual p ope ty accompanied by music and cho eog aphy and fo
all simila intellectual p ope ty, a cho eog aphe shall have the ight to be autho ised to p esent public pe fo mances of the enti e intellectual p ope ty, its execution o p oducing copies the eof.
The compose of the music shall be entitled to dispose of this pa ticula element of the p ope ty, p ovided that he shall not use it in anothe intellectual p ope ty that is simila to the afo esaid co-p oduction unless the e is an ag eement to the cont a y.
Article (22) The following shall be conside ed as a pa ticipant in the owne ship of a cinematog aphic
intellectual p ope ty o wo k intended fo b oadcasting on the adio o television.
(1) Sc ipt w ite o c eato of the w itten concept of the intellectual p ope ty.
(2) Pe son who has adopted the lite a y wo k in a manne ende ing it suitable fo this a t.
(3) W ite of the dialogue.
(4) Compose of the music who has composed especially fo this kind of intellectual p ope ty.
(5) Di ecto if he maintains an actual cont ol, and unde takes a positive ole f om the intellectual aspect fo the mate ialisation of any such intellectual p ope ty.
If a cinematog aphic intellectual p ope ty o wo k adapted fo adio o television is p oduced as an adaptation of a p eviously p oduced p ope ty, the autho of the afo esaid p eviously p oduced p ope ty shall be conside ed as a co-autho of the new intellectual p ope ty.
Article (23) The sc ipt w ite , w ite of the lite a y adaptation, dialogue w ite and di ecto shall jointly
have the ight to p esent the cinematog aphic p oduction o the wo k adapted fo adio and television notwithstanding any objection f om the o iginal autho of the lite a y wo k o music compose without p ejudice to the ights of pe sons making objections on g ounds elating to thei pa ticipation in c eating the wo k.
The autho of the lite a y element o musical element of the wo k shall be entitled to publish his intellectual p ope ty in anothe manne unless the e is an ag eement to the cont a y.
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Article (24) In one of the pa ticipants in c eating a cinematog aphic intellectual p ope ty abstains f om
completing the pa t of the wo k belonging the eto o is unable to complete the pa t fo which he is esponsible fo easons beyond his cont ol, he shall not have the ight to ba the othe pa ticipants f om using the pa t that he p eviously completed. He shall be deemed as an autho in espect of the pa t that has been completed, hence he shall enjoy the ights a ising the efo m.
Article (25) A p oduce of a cinematog aphic, adio o television intellectual p ope ty shall be conside ed
as the natu al o co po ate pe son who unde takes its completion and assumes esponsibility fo such completion o who makes available to the autho s of the said p ope ty the mate ial and financial esou ces equi ed fo its p oduction.
In all cases, a p oduce shall be deemed as the publishe of the intellectual p ope ty and he shall have all the ights of the publishe .
Du ing the mutually ag eed exploitation pe iod, the p oduce shall be deemed as an agent acting on behalf of the autho s of the intellectual p ope ty and fo thei successo in ag eeing upon its p esentation and exploitation without p ejudice to the ights of autho s of lite a y o musical intellectual p ope ties unless the e is an ag eement to the cont a y.
Article (26) A collective intellectual p ope ty is a ce tain intellectual p ope ty c eated with a pa ticipation
of a g oup unde the guidance of a natu al o co po ate pe son so that it becomes impossible to sepa ate the wo k of each of the pa ticipants and to identify it individually.
The natu al o co po ate pe son who guides the c eation and co-o dination of such intellectual p ope ty shall solely exe cise the ights of the autho with espect to such intellectual p ope ty.
Article (27) If an intellectual p ope ty is c eated fo the account of a natu al pe son o a p ivate o public
co po ate entity, copy ight shall be confi med in favou of the pe son who c eated the afo esaid p ope ty unless the e is an ag eement to the cont a y.
Article (28) Fo the intellectual p ope ties which ca y a pseudonym o the wo ks that do not ca y the
autho ’s name, the publishe whose name appea s on the intellectual p ope ty shall be deemed to have been autho ised di ectly by the autho in exe cising the ights established the efo in this Law unless the opposite is p oved.
Article (29) A pe son who takes a photog aph, shall not be entitled to display, publish o dist ibute its
negative o copies the eof without a pe mission f om the pe sons who have been photog aphed unless the e is an ag eement to the cont a y.
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This p ovision shall not be applicable if the publication of the photog aph takes place fo special events which took place in public o elates to public figu es o conce ns well-known pe sons o autho ised by the gove nment autho ities fo the public good.
Howeve , it shall not be pe mitted in the p eceding instance to display o ci culate the photog aph if such action esults in affecting the honou , eputation o esteem of the pe son it ep esents. The pe son appea ing in the photog aph shall have the powe to autho ise its publication in the newspape s, magazines and such othe pe iodicals even if this is not pe mitted by the photog aphe unless othe wise ag eed upon.
These p ovisions shall be applicable to pictu es whateve may be the method of p oducing them whethe they a e paintings, eng avings o any othe methods.
Article (30) (1) Individual o joint ights of autho s shall devolve upon thei legal hei s afte thei death
unless the e is a will to the cont a y.
(2) Whe e an autho has no hei o legatees unde his will, the sha e of such autho to the joint copy ight shall devolve upon his co-autho s unless othe wise ag eed upon.
Article (31) (1) Copy ight p otection fo an intellectual p ope ty shall lapse fifty calenda yea s afte the
death of the autho . Fo jointly owned intellectual p ope ties, such pe iod shall be calculated f om the date of the death of the last su vivo of the co-autho s.
(2) Copy ight p otection shall lapse upon the expi y of fifty calenda yea s f om the date of publication fo the following intellectual wo ks:
(a) Cinematog aphic films, applied a ts wo ks and photog aphs.
(b) Intellectual p ope ties that a e published unde a pseudonym o without ca ying the autho ’s name unless the identity of the autho has been evealed du ing that pe iod.
(c) Intellectual p ope ties belonging to public o p ivate co po ate entities.
(d) Intellectual p ope ties which a e published fo the fi st time afte the autho ’s death.
(3) P otection pe iod fo compute softwa e shall lapse upon the expi y of fifty yea s f om the date of completing the wo k the eon o upon the expi y of fo ty yea s f om the date of publication, whicheve is ea lie .
(4) In all cases, if the intellectual p ope ty consists of seve al pa ts which we e published sepa ately and at diffe ent inte vals, each pa t shall be deemed as an independent intellectual p ope ty in calculating the p otection pe iod.
Article (32) Copy ight p otection fo an intellectual p ope ty published in a fo eign language and the
copy ight belonging to the t anslato of such wo k in anothe fo eign language to t anslate such wo k into A abic shall lapse upon the expi y of fifty yea s f om the date of publishing the fi st edition of the o iginal o t anslated intellectual p ope ty.
Howeve , the National Council fo Cultu e, A ts and Libe atu e may upon an o de of the Ministe of Cabinet Affai s and Info mation autho ise the t anslation of fo eign intellectual wo ks
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into A abic unless the autho o t anslato exe cises this ight du ing th ee yea s f om the date of publishing the fi st edition of the o iginal o t anslated intellectual p ope ty unde the te ms to be dete mined by the NCCAL, p ovided that conside ation shall be given to the ight of the autho o his successo to a fai compensation.
Article (33) (1) An autho ’s will shall be implemented with espect to p ohibiting the publication of his
intellectual wo k o adhe ing to the conditions of such publication and the date fixed the efo .
(2) Cont acts elating to the ights of autho s to exploiting thei intellectual p ope ties and ente ed into with thi d pa ties p io to thei death shall be ca ied out without alte ation.
Article (34) Eve y pe son whose ights set fo th in this Law have been violated shall have the ight to
compensation.
Article (35) Without p ejudice to the p ovisions of the Legislative Dec ee No. (20) of 1975 with espect to
the Legal Deposit of Publications, the publishe s of lite a y, a tistic and scientific p ope ties which a e published by p oducing copies the eof in the State of Bah ain shall p io to the dist ibution the eof deposit at thei expense th ee copies of each of such p ope ties with the Copy ight P otection Office at the Minist y of Cabinet Affai s and Info mation and details about the intellectual p ope ty shall be published in the Official Gazette.
An o de of the Ministe of Cabinet Affai s and Info mation shall be issued with espect to the ules of deposit and the p esc ibed fees fo such deposit afte secu ing the consent of the Council of Ministe s with espect to such fees.
Failu e to effect the said deposit shall be punishable by a fine not exceeding BD100 without p ejudice to the equi ement to effect the deposit. These p ovisions shall not be applicable to the intellectual wo ks published in newspape s and magazines unless such wo ks a e published sepa ately.
Article (36) An attachment may not be placed ove the autho ’s copy ight fo the fulfilment of a cou t
judgement but an attachment may be placed ove copies of the published intellectual p ope ty. Fu the , intellectual p ope ties the owne of which dies befo e thei publication may not be subject to an attachment unless it is conclusively p oved that he sought to publish them befo e his death.
Article (37) A punishment of imp isonment fo a pe iod not exceeding one yea and a fine not exceeding
Bah ain Dina one thousand o eithe penalty shall be inflicted upon the following:
(a) Eve y pe son who violates the copy ights p ovided fo in A ticles 5 and 6 of this Law.
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(b) Eve y pe son who b ings into the count y with the intent to sell, sells o ci culates with the aim of t ading o p omotes to the public in any manne whatsoeve an imitated o fo ged intellectual p ope ty.
(c) Eve y pe son who eveals o facilitates the evealing of compute softwa e befo e the publication the eof.
In case of ecu ence of any of the offences p ovided fo in this A ticle within th ee yea s f om the date of passing the judgement fo the above penalty, the count may ule fo inflicting the maximum penalty.
Article (38) In addition to passing a judgement with espect to inflicting the penalty p ovided fo in the
p eceding A ticle, the Cou t may o de the confiscation and dest uction of all the imitated intellectual wo ks and the tools and facilities app ehended in espect of the case and used in committing the offence.
Article (39) The Summa y P oceedings Judge shall, upon a law-suit filed by the autho o his successo
and following the p ocedu es set fo th in the Civil and Comme cial P ocedu es Act, be empowe ed to o de that the following steps be taken in espect of eve y intellectual p ope ty which has been published o pe fo med in violation of the p ovisions of this Law:
(1) Giving a detailed desc iption of the intellectual p ope ty.
(2) Suspending the publication, pe fo mance o p oduction of the intellectual p ope ty.
(3) Placing a p ecautiona y attachment ove the o iginal o copy of the intellectual p ope ty as well as the items used in epublishing the afo esaid p ope ty.
(4) P oving the public pe fo mance in espect of p esenting, acting o eciting any intellectual p ope ty fo an audience and ba ing the continuation of the cu ent pe fo mance o p ohibiting it f om taking place in the futu e.
(5) Appointing a cou t eceive in espect of the intellectual p ope ty subject to the dispute to unde take the task of epublishing o esume pe fo mance, making o ep oducing copies of the intellectual p ope ty, p ovided that the p oceeds shall be deposited in the Cou t T easu y. The eceive ship shall be te minated upon a mutual ag eement to be eached by the conce ned pa ties o by a cou t judgement.
(6) D awing up an account of the p oceeds a ising f om publication o pe fo mance th ough an expe t to be nominated fo this pu pose if equi ed and placing a p ecautiona y attachment ove the evenues a ising in all cases.
The Summa y P oceedings Judge shall be empowe ed to o de the appointment of an expe t to enfo ce in the execution of the above actions and to inst uct the plaintiff to deposit an app op iate gua antee. The plaintiff shall efe the fundamental dispute to the elevant cou t within the fifteen days following the passing of the judgement. If an action is not b ought du ing this time limit, a judgement shall cease to have effect.
Article (40)
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The cou t of law befo e which the issue of dispute is being hea d may, at the equest of the autho o whoeve acts on his behalf, esolve to dest oy copies o ep oductions of the intellectual p ope ty published in an illegal manne togethe with the mate ials used in its publication, p ovided that they shall not be fit fo anothe wo k o by alte ing the featu es of the copies, ep oductions and mate ials o ende ing them unfit fo business all of which shall be at the cost of the pa ty ende ed liable.
Howeve , whe e the copy ight will lapse afte a pe iod of less than two yea s with effect f om the date of passing the judgement and without p ejudice to the copy ights p ovided fo in A ticles 5 and 6 of this Law, the cou t may eplace the judgement fo dest uction o alte ing the featu es pass a uling fo confi mation of the p ecautiona y attachment fo settlement of any awa d of compensation adjudged in favou of the autho .
Neve theless, a judgement fo dest uction o alte ing the featu es may not be handed down if the dispute in question elates to the t anslation of an intellectual p ope ty into A abic in violation of the p ovision of A ticle (30) Pa ag aph 2, and the judgement shall be est icted to confi ming the p ecautiona y attachment ove the t anslated wo k fo settlement of compensations adjudged by the cou t in favou of the autho .
In all cases, fo the autho ’s debt a ising f om his claim fo compensation he shall have a lien ove the net p oceeds of selling things and cash funds subject to attachment fo settlement of dues the eto and no p io ity shall exist ove such lien save fo the legal costs and expenses incu ed towa ds the safekeeping and maintenance of the said items and fo the collection of such amounts.
Article (41) An autho shall have the exclusive ight to equest the High Civil Cou t, should the e be
se ious easons deemed app op iate by the Cou t, to withd aw his intellectual wo k f om ci culation o make alte ations the eof in spite of the legal disposal affecting the ight of exploitation while the autho shall exp ess willingness to pay a fai compensation to whoeve has been t ansfe ed the ight of financial exploitation to be paid within a te m to be dete mined by the Cou t, othe wise the judgement shall cease to have effect.
Article (42) Notwithstanding the p ovisions of A ticles 36, 37 and 38 of this Law, it shall not be pe mitted
to place an attachment ove , alte the featu e, confiscate o damage p ope ties and buildings ca ying a chitectu al designs with the excuse of p ese ving the a chitect’s copy ight even if it has been p oved that the e is a b each of copy ight to the d awing and design, but his ight to claim damages shall be ese ved.
Article (43) The p ovisions of this Law shall be applicable to:
(1) Intellectual p ope ties of Bah aini autho s that a e published fo the fi st time in Bah ain o outside it.
(2) Intellectual p ope ties of fo eign autho s that a e published fo the fi st time in Bah ain.
(3) Intellectual p ope ties of A ab autho s who a e nationals of the membe states that atified the A ab Copy ight P otection Ag eement of 1985 that a e published fo the fi st time in one of the membe states that atified the Ag eement.
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Article (44) Without p ejudice to the p ovisions of the p eceding A ticle, the p ovisions of this Law shall
be applicable to all the intellectual p ope ties in existence on the effective date the eof. Howeve , fo the calculation of the pe iod fo p otection of such p ope ties, it shall include the pe iod which lapsed f om the date of the fixed event fo the commencement of the effective pe iod until the date on which this Law comes into fo ce.
The p ovisions of this Law shall be applicable to all the facts and ag eements subsequent to the date of its coming into fo ce even if they elate to intellectual p ope ties published, sc eened o pe fo med p io to that date.
Fo the ag eements which we e made befo e the effective date of this Law, its p ovisions shall not be applicable the eto but shall emain subject to the p ovisions in fo ce at the time of completing them.
Article (45) The Ministe of Cabinet Affai s and Info mation shall issue the necessa y o de s fo
implementing the p ovisions of the Law. Eve y p ovision which conflicts with its p ovisions shall be evoked.
Article (46) All Ministe s, each in his espective capacity, shall implement this Law which shall come into
fo ce f om the date of its publication in the Official Gazette.
Signed: Isa Bin Salman Al-Khalifa
Amir of the State of Bahrain
Issued at Riffa Palace Dated: 17th Thilhija, 1413 Hijra Corresp. to 7th June 1993.