AS, Doha
Answer: Article 178 of the civil and commercial procedure code stipulates that the parties may seek review of judgments in the following instances: (1) If the party or attorney committed fraud that would affect the judgment; (2) If the party admitted, after judgment, that there was forgery in documents on which the judgment was based or if he has forged them; (3) If the judgment is based on a testimony that was proved as perjury; (4) If the appellant has acquired documents conclusive in the lawsuit after the judgment and the respondent has prevented their submission before the court; (5) If the judgment ordered something that the parties did not request or ordered more than what was requested; (6) If there is a contradiction in the judgment; and (7) If the judgment is issued against a natural or juristic person who was not duly represented in the lawsuit except in the case of agency agreements.
In case of the first four instances, the time for review shall be 30 days commencing from the day that the fraud was discovered or the day the party admitted committing perjury or was adjudged of its commission or from the day that a judgment is issued against the person who made the perjury statement or from the day on which the conclusive document was disclosed. The time limit for review shall commence in the other three instances from the date of delivery of the judgment. The review shall be filed with the court that issued the judgment by filing with the office of the Registry of the court in accordance with the rules applicable for filing a claim.
Trademark laws and registration
Q: As per law, what is the validity of a registered trademark? Do we need to renew the trademark in Qatar? If we failed to renew, what will be the effect? Please advise.
HJ, Doha
A: According to Article 18 of the Trademark laws, the duration of the protection of a mark shall be 10 years from the date of filing the application for registration. The owner of the mark shall have the right to the continuation of the protection for further consecutive periods of 10 years each by a renewal of the registration. The renewal of the registration of a mark shall be effected merely by paying the renewal fees. The renewal fee must be paid in the course of the final year of the current protection period. A grace period of six months shall be granted for the payment of the renewal fee after the expiry of the current protection period with prescribed additional fee. A mark which is not renewed cannot be registered by a third party in respect of identical or similar goods or services until at least three years have elapsed after it was not renewed.
Recovering cost of damages
Q: Our employer has issued a notice deducting an amount from our invoice against damages to the materials. Our contract is silent on the delivered materials and its protection. In such case, if the materials provided by the employer got damaged, in which circumstances do they have the right to recover the cost of materials from the contractor as per the prevailing laws? Please advise.
NH, Doha
A: According to the civil law, if the work materials are provided by the employer, the contractor shall use all reasonable care to protect such materials, comply with the technical practices for the proper use of such materials, account for the materials to the employer, and return to the employer any remaining part of such materials. If such materials are not fit for use, either in whole or in part, due to the negligence or technical inefficiency of the contractor, he shall pay the value of such materials to the employer, together with indemnity, as applicable.
If the materials are provided by the employer and the materials are destroyed or damaged prior to its delivery due to any unforeseen incident or force majeure, the employer may not demand that the contractor pay the value of such materials unless at the time of such destruction or damage the contractor was in breach of its obligation to deliver the works and it has not proven that such destruction or damage would have occurred even if the works had been delivered to the employer.
Redundancy termination
Q: Is there a provision for redundancy termination (unlimited contract) under employment law in Qatar? What procedures are to be followed for redundancy? What is the prevailing amount of redundancy compensation other than gratuity?
XY WLL
A: The prevailing Labour Law (Law No. 14 of 2004) or any ministerial decisions do not provide for the concept of redundancy or make guidelines for any redundancy compensation. Any such terminations would fall under the termination of employment contract under Article 49 of the labour laws. When conducting redundancies, the employer must ensure that it complies with the provisions applicable to termination of employment contract.
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LEGAL SYSTEM IN QATAR
Imprisonment for a period not exceeding a year or a fine not exceeding QR5,000 or both shall be imposed on any person who, by any means of publicity, publishes: (1) news concerning a criminal investigation or any of the documents relating to such investigation, if the investigating authorities have prohibited the publication of any such news; (2) news in respect of investigations or proceedings in cases of pedigree, marriage, child custody, divorce, alimony, separation, adultery, defamation or disclosure of secrets; (3) names or photographs of juvenile delinquents; (4) names or photographs of victims of rape; (5) Court deliberations; (6) news concerning lawsuits that the courts have decided to examine in closed sessions or where publication they have prohibited; and (7) names or photographs of convicted persons where the sentence is suspended.
As per Article 204, forgery of an instrument is a change of its genuineness by any of the means stated hereinafter, resulting in damage, for the purpose of using it as a valid instrument. The following are considered as means of forgery: (1) Introducing a change into an existing instrument by addition, deletion or alteration, whether in writing, numbers, signs or photographs; (2) Putting a forged signature or stamp on a document, or changing an authentic signature, stamp, imprint or photograph; (3) Obtaining, through fraud, a signature, seal or thumbprint of a person on a document without the person knowing its content and without his consent; (4) Forging or counterfeiting a document and ascribing it to a third party; (5) Filling of a signed, sealed or thumb-printed paper without the consent of the person who signed, sealed or thumb-printed it; (6) Disguising or substituting the identity of a person in a document that was made to prove it; and (7) Alteration of truth in a document made for verifying its contents.
Any person who forges an official document shall be punished with imprisonment for a term not exceeding 10 years. If a public employee commits a forgery during or as part of his job shall be liable on conviction to imprisonment for a term not exceeding fifteen years. The penalty for forging an unofficial document shall be up to three years in prison. According to Article 207, any physician or midwife who knowingly issues a forged certificate or statement concerning pregnancy, birth, illness, deformity, death or other cases related to his profession shall be punished with imprisonment for a term not exceeding five years.
Whoever knowingly gives untrue testimonies to the competent authorities in any procedures related to death, succession or testament, when the certificate of death or inheritance is issued based on these testimonies shall be punished with imprisonment for a term not exceeding two years or with fine not exceeding QR10,000 or both.
As per Article 209, anyone who gives a false statement on his place of residence, and who assumes a name other than his own, in a judicial or investigating authorities, shall be punished with imprisonment for a term not exceeding two years or with a fine not exceeding QR10,000 or both.
Any person who knowingly uses a forged document shall be liable for the appropriate penalty as the law stipulates, and any person who illegally uses for his own benefit a true document belonging to another person shall be liable to imprisonment for a term not exceeding one year.
