LAW NO. (15) OF 2006
WITH RESPECT TO MANUFACTURING AND
TRADING IN COMPACT DISCS

 We Hamad bin Isa Bin Salman Al Khalifa,          King of the Kingdom of Bahrain 

• Having reviewed the Constitution;
• The Code of Criminal Procedure Promulgated by Legislative Decree No.(46) of 2002,
• and Legislative Decree No.(10) of 1993 with Respect to Copyright Law,
• The Consultative Council and Council of Representatives ratified the following Law which we approved and enacted:

Article 1
Definitions

For the purposes of this Law, the following words and expressions shall have the meanings assigned against each unless the context otherwise provides:

Optical discs shall include the following:

1. Compact Discs (CDs).
2. Digital Video Discs (DVDs).
3. Video Compact discs (VCDs).
4. Laser Discs (LDs).
5. China Video Discs (CVDs).
6. S. Video Compact Discs (SVCDs).
7. S. Audio Compact Discs (SACDs).
8. Enhanced Multi-purpose Discs (EVDs).
9. Masters.
10. Stampers
11. Any other items of a nature similar to the preceding items, and which are determined by a Resolution of the Minister.

Concerned Administrative Authority: The Concerned Administrative Authority with the issue of industrial licenses.

Minister: The Minister who oversees the Concerned Administrative Authority

Manufactured Product Code: A code assigned to the Licensed Party in accordance with the provision of Paragraph (1) of Article (8) of this Law.

Licence: A Licence issued with respect to the manufacture of optical discs in accordance with the provision of Article (3) of this Law.

Licensed Premises: Any site for the manufacture of optical discs determined in accordance with the Licence conditions.

Register: Optical discs manufacturing licences register set forth in Article (5) of this Law.

Licensed Party: A person to whom an optical disc manufacture licence is issued in accordance with the provisions of this Law.

Copyright Organisations: Any organisation or organisations established in the Kingdom and Licensed to carry on the business of representing the rights of any of the authors, performer or producers of audio recordings or broadcasting corporations.

Article 2
Licence to Practice the Activity

1. Every person shall be prohibited from manufacturing optical discs without obtaining a license to this effect in accordance with the provisions of this Law, unless it is a research entity and within the limits of the research purposes.
2. Any Licensed Party shall be prohibited from manufacturing optical discs at any premises other than the Licensed Premises.

Article 3
Licence Application or Renewal

1. An application for obtaining a license or the renewal thereof shall be submitted to the Concerned Administrative Authority on the application form prescribed for this purpose.
   
   The Minister shall issue a ministerial order to approve the said application form and determine the conditions and procedures for the issue and renewal of licenses. The renewal application shall be submitted no less than three months and no more than six months before the expiry of license
2. The Concerned Administrative Authority may within fifteen days from receiving the application referred to in the preceding paragraph request in writing the applicant to complete all the requirements necessary for taking a decision on the application, including required details and documents, provided that it shall give the applicant an appropriate deadline. If the applicant fails to comply with what the Concerned Administrative Authority has requested him to do within the fixed deadline, the application shall be considered null and void.
3. The Concerned Administrative Authority shall issue its decision in connection with the application for or renewal of a license within thirty days from the date of the submission of the application together with the duly required details and documents. A refusal shall be duly justified, and it shall notify the applicant in writing of its decision immediately upon the issue thereof.

Article 4
Refusal of an Application for or Renewal of a Licence

The Concerned Administrative Authority may refuse the issue or renewal of a licence in any of the two following cases:

1. If a conclusive judgment in any of the crimes punishable in accordance with the provisions of this Law or the Copyright Law is handed down against the firm applying for the license or any or its representatives, partners therein or key employees.
2. If a firm applying for a license or any of its representatives provides to the Concerned Administrative Authority incorrect or misleading information.

Article 5
Register

1. The Concerned Administrative Authority shall prepare a register to be called “Optical Discs Manufacture Licenses Register” in which the details of all issued or renewed licenses shall be entered, as well as the violations committed by the Licensed Party and other details to be determined by a ministerial order of the Minister.
2. Any person may have access to the Register and obtain extracts, copies or information there from in accordance with the rules and procedures to be determined by a ministerial order to be issued by the Minister.

Article 6
Duration of Licence

1. A licence shall be valid for a period of three years, which may be renewed for similar periods.
2. The Concerned Administrative Authority may restrict a license or the renewal thereof by any conditions that it deems appropriate for the purpose of:
   1. Preventing the manufacture of copies that involve an infringement of any of the rights stipulated by the provisions of the Law for authors, performers, producers of phonorecords and broadcasting corporations.
   2. Protecting the rights of authors, performers, producers of phonorecords and broadcasting corporations.
   3. Ensuring compliance by the Licensed Party with the provisions of this Law and orders issued for the implementation thereof.
   4. Ensuring compliance by the Licensed Party with the conditions of the license.
   5. Ensuring compliance with the necessary conditions ordered by The Concerned Administrative Authority

Article 7
Licence Display

The Licensed Party shall, at all times, display the licence issued thereto at visible place in every licensed premises. If it has more than one Licensed Premises, it shall obtain official copies of the licence equal in number to the number of such premises.

Article 8
Manufactured Product Code

1. The Concerned Administrative Authority shall at the time of the issue of a license allocate a “Manufactured Product Code” to the Licensed Party, which may consist of any of the following:
   1. One or more letter or digit.
   2. A mark, sign or drawing.
   3. A combination of letters, digits, signs, marks or drawings. All the above shall be in accordance with manners to be determined by a ministerial order from the Minister.
2. A Licensed Party shall affix the Manufactured Product Code to every disc it manufactures, in accordance with the standards to be determined by a ministerial order from the Minister.
3. The importation, sale, distribution or circulation of any optical disc not carrying a Manufactured Product Code or carrying a counterfeit, fake or falsified Manufactured Product Code shall be prohibited.

Article 9
Standards for Affixing Manufactured Product Code

The Minister shall issue a ministerial order determining the standards of affixing the Manufactured Product Code on optical discs. Such standards shall include the Mould Code and Mastering Code.

Article 10
Maintenance of Records

Every Licensed Party shall maintain complete and detailed records of all optical disc manufacturing orders it receives and of all its customers, suppliers, equipment and the discs it manufactures. Every Licensed Party shall maintain special records of the polycarbonate substance of the type used in the manufacturing of optical discs that every Licensed Premises received, the quantity used or disposed of and the manner of such disposal.

Article 11
Providing Exemplars

A Licensed Party shall provide the Concerned Administrative Authority, any other competent government authority and copyright organisations, in accordance with any conditions stipulated by such government authorities, exemplars of the optical discs it manufactures in every production line which belongs thereto.

Article 12
Licence Assignment

1. A Licensed Party shall not assign the license to a third party except with the approval of the Concerned Administrative Authority.
2. The Concerned Administrative Authority may, upon receipt of a written request signed by a Licensed Party and accompanied by justifiable reasons, approve the assignment of the license to a third party if such person fulfills the conditions of obtaining a license in accordance with the provisions of this Law and the ministerial orders issued for the implementation thereof.
3. The Concerned Administrative Authority may make its approval of the assignment of a license to a third party conditional upon any of the following:
   1. Amending any of the conditions imposed upon the license or adding new conditions thereto as it deems appropriate in this regard.
   2. Allocating another Manufactured Product Code to the assignee instead of the Manufactured Product Code allocated to the first Licensed Party.

Article 13
Cancellation or Amendment of Any of the Conditions Imposed on the Licence or Addition of New Conditions Thereto

1. The Concerned Administrative Authority may, at any time after the issue or renewal of a license, issue a decision to cancel or amend any of the license conditions or add any new conditions thereto.
2. The Concerned Administrative Authority shall, before issuing a decision to amend or cancel license conditions or add new conditions thereto, send a written notice to the Licensed Party with respect to its intention to do so, and shall give it sufficient time to lodge a written objection in this regard, provided that such time shall not be less than fifteen days from the date of the notice. Such period may be extended upon the request of the Licensed Party for reasons determined by the Concerned Administrative Authority.
3. A decision issued in accordance with the provision of Paragraph (1) of this Article shall apply:
   1. After the lapse of thirty days from the date of the notice to the Licensed Party notifying it of the decision without receiving any objection in respect thereof in accordance with the provision of Article (17) of this Law.
   2. After the lapse of seven days from the date of the notification to the Licensed Party of the ministerial order rejecting its objection or amending the decision subject to the objection.

Article 14
Suspension or Cancellation of Licence

1. Without prejudice to the provisions of Article (22) of this Law, the Concerned Administrative Authority shall issue a decision to suspend or cancel a license in any of the following cases:
   1. If a Licensed Party forfeits one or more of the conditions of the issue or renewal of a license.
   2. If a Licensed Party violates the provisions of this Law, the orders issued for the implementation thereof or any of the License conditions.
   3. If a Licensed Party stops practicing the licensed activity.
2. The Concerned Administrative Authority shall, before issuing a decision to suspend or cancel a license in accordance with the provisions of the preceding paragraph, send a written notice to the Licensed Party with respect to its intention to do so, giving the reasons for the suspension or cancellation of the license, and shall give it sufficient time to lodge a written objection in this regard, provided that such time shall not be less than fifteen days from the date of the notice. Such period may be extended upon the request of the Licensed Party for reasons determined by the Concerned Administrative Authority.
3. A decision issued in accordance with the provision of Paragraph (1) of this Article shall apply:
   1. After the lapse of thirty days from the date of the notice to the Licensed Party notifying it of the decision without receiving any objection in respect thereof in accordance with the provision of Article (17) of this Law.
   2. After the lapse of seven days from the date of the notification to the Licensed Party of the ministerial order rejecting its objection or amending the decision subject to the objection.

Article 15
Licensed Party’s Request for Licence Termination

1. A Licensed Party may submit a written application to Concerned Administrative Authority to request the termination of a license issued thereto before the expiry of the duration thereof as from the date fixed in such application. There shall be attached to such application the license to which it refers.
2. A license shall be terminated upon the request of a Licensed Party with effect from the date of submitting the request or the date fixed therein as the case may be. An annotation shall be made in the Register to this effect.

Article 16
Licensing the Importation of Masters,
Stampers and Manufacturing Equipment

Importation or exportation of Masters, Stampers or optical disc manufacturing equipment, without obtaining a licence for such purpose from the Concerned Administrative Authority on a case by case basis, shall be prohibited.

Article 17
Grievances

Any concerned party may complain to the Minister about any decision issued on the basis of the provisions of this Law or the orders issued for the implementation thereof during thirty days from the date of being aware of the decision. A substantiated decision shall be taken in respect of the complaint, and the complainant shall be notified in writing of such decision within thirty days from the date of submitting the complaint. The lapse of such duration without notifying the complainant of the outcome of the decision on its complaint shall be deemed as an implicit dismissal of the complaint.

The deadline for filing a case to appeal against a decision related to the complaint shall be sixty days from the date of the notification of such decision to the complainant or the date of the implicit dismissal of the complaint, as may be the case.

Article 18
Inspection and Summary Powers

1. Officers appointed by the Minister to ensure the implementation of the provisions of this Law and the orders issued for the implementation thereof and compliance by a licensed party with the license conditions shall have the power to enter any related premises.
2. Officers authorized by the Justice Minister in agreement with the Minister shall have summary powers in connection with crimes committed in their areas of jurisdiction and related to their duties. The minutes prepared in connection with such crimes shall be referred to the Public Prosecution by an order to be issued by the Minister or any person authorized by him.
3. The officers referred to in Paragraphs (1) and (2) of this Article shall carry out periodic inspections of the related premises, without prior notice, to ensure non-violation of the provisions of this Law and the orders issued for the implementation thereof and compliance with license conditions.

Article 19
Orders

The Minister shall issue the orders required for the implementation of the provisions of this Law, and the following in particular:

1. Determining the optical discs that are similar in nature to the discs stipulated in Article (1) of this Law with respect to the definition of “optical discs”.
2. Approving the application form for the issue or renewal of license and the information and documents that need to be attached to the application.
3. Determining the conditions and procedures for the issue and renewal of a license.
4. The conditions that may be imposed upon a license.
5. Determining the form and details of the Register and the procedures for making entries therein and all that is related to the maintenance thereof, updating the information recorded therein, access thereto and taking extracts, copies or information there from.
6. Determining the records that a Licensed Party must maintain, information that must be recorded in such records and the records that must be submitted periodically to the Concerned Administrative Authority
7. Determining the procedures for licensing the importation or exportation of Stumpers, main discs and manufacturing equipment used for the production of optical discs.
8. Determining the fee categories applicable in terms of the provision of Article (20) of this Law, after obtaining the approval of the Council of Ministers.

Article 20
Fees

A fee shall be charged for the following:

1. Applying for a license.
2. The issue of a license.
3. Renewal of a license.
4. Accessing the Register and obtaining extracts, copies or information there from.
5. Filing a complaint with the Minister in accordance with the provisions of Article (17) of this Law.
   
   A collected grievance fee shall be refunded in the event that a complaint is approved or the right of a complaint is proved.

Article 21
Other Licences

The issue of a licence in accordance with the provisions of this Law shall not affect any other conditions, permits, licences or liabilities stipulated by any other law.

Article 22
Penalties

1. Anyone who violates the provisions of Paragraph (1) of Article (2) of this Law shall be punished by imprisonment for a period of no more than two years and a fine of no more than Bahrain Dinars one hundred thousand or either penalty.
2. Anyone who violates the provisions of Paragraph (2) of Article (2) of this Law shall be punished by imprisonment for a period of no more than one year and a fine of no more than Bahrain Dinars fifty thousand or either penalty.
3. Any of the Licensed Parties who violates the provisions of the orders issued in implementation of the provisions of this Law that guarantee the protection of the rights of authors, performers, producers of phonorecords or broadcasting corporations, and any person who violates the conditions of the license issued to him shall be punished by a fine of no more than Bahrain Dinars forty thousand or either penalty.
4. Anyone who violates the provisions of Paragraph (2) of Article (8) or Article (10) of this Law shall be punished by imprisonment for a period of no more than one year and a fine of no more than Bahrain Dinars thirty thousand or either penalty.
5. Anyone who for commercial gains imports, sells, offers for sale, distributes, trades in any optical discs that do not carry a Manufactured Product Code or carry a counterfeit, fake or falsified Manufactured Product Code knowingly or if he is supposed know shall be punished by imprisonment for a period of no more than one year and a fine of no more than Bahrain Dinars thirty thousand or either penalty.
6. Any Licensed Party who violates the provisions of Article (11) of this Law without a justifiable reason shall be punished by a fine of no more than Bahrain Dinars ten thousand.
7. A fine of not more than Bahrain Dinars thirty thousand shall be inflicted upon anyone who:
   1. Affixes in an incorrect manner a Manufactured Product Code or any similar sign if he knows or has reason to believe that such act is incorrect.
   2. Removes or changes without legal justification a Manufactured Product Code affixed on an optical disc, unless he proves that such act is not intended for fraud or deception.
8. Any Licensed Party who imports or exports Stumpers, Masters or manufacturing equipment used in the production of optical discs without obtaining a license for his purpose in accordance with the provision of Article (16) of this Law shall be punished by imprisonment for a period of no more than one year and a fine of no more than Bahrain Dinars ten thousand or either penalty.

Article 23
Confiscation and Cancellation of Licence

1. A court shall, if a Licensed Party is convicted of an offence stipulated in this Law, hand down a judgement cancelling the licence, unless there are mitigating the circumstances of the crime or the offender that requires a different sentence.
2. In all cases, the court shall order the confiscation of the optical discs and other items subject to the prohibited act.

Article 24
Implementation of the Provisions of the Law

The Ministers, each in his respective capacity, shall implement the provisions of this Law which shall come into effect from the day following the date of its publication in the Official Gazette.

Hamad bin Isa Al Khalifa
King of the Kingdom of Bahrain

Issued at Rifaa Palace
On: 1st Jumada Al Oula 1427 Hijra
Corresponding: 28th May 2006 A.D.