Industrial Designs Law in United Arab Emirates
In the United Arab Emirates (UAE), industrial design protection is governed by Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights, which came into effect on November 30, 2021 . This law modernizes and harmonizes the UAE's intellectual property framework, aligning it with international standards.(Rouse, Gowling WLG)
๐ What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of a product, encompassing features such as:
Lines
Contours
Colors
Shape
Surface structure
Materials
These elements must be new and have individual character compared to existing designs. Protection does not extend to purely functional or technical aspects of a product .
๐ก๏ธ Protection Criteria
Novelty: The design must differ from all previously known designs.
Individual Character: The design must create a different overall impression on the informed user compared to existing designs.
Exclusions: Designs dictated solely by the technical function of the product or those contrary to public policy or morality are not eligible for protection .
๐ Registration Process
To register an industrial design in the UAE:
Prepare Application: Submit a completed application form along with clear images or drawings of the design.
File Application: Apply through the Ministry of Economyโs Innovation and Industrial Property Development Department, which is responsible for registering all industrial property rights stipulated by the law .
Examination: The Ministry examines the application to ensure it complies with the requirements of the law and its executive regulations.(WIPO)
Publication: Upon approval, the design is published in the Industrial Property Bulletin .(WIPO)
โณ Duration and Renewal
Initial Term: Protection lasts for 20 years from the filing date .(WIPO)
Renewal: The protection can be renewed for additional periods, subject to the payment of applicable fees .(WIPO)
Grace Period: A grace period is provided for late payment of renewal fees, subject to the payment of a surcharge .
๐ International Protection
The UAE is a member of the Hague Agreement, allowing for international design registrations. Designs registered in the UAE can be extended to other member countries through the Hague System .
โ๏ธ Enforcement and Legal Recourse
Infringement of industrial design rights in the UAE can lead to:(Rouse)
Civil Actions: The rights holder may initiate legal proceedings to seek remedies such as injunctions and damages.
Criminal Sanctions: Serious infringements can result in fines or imprisonment for up to two years .
๐ Summary Table
| Aspect | Details |
|---|---|
| Governing Legislation | Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights |
| Protection Criteria | Novelty and individual character |
| Registration Process | Submit application with images to Ministry of Economy; examination and publication |
| Duration of Protection | 20 years from filing date |
| International Protection | Available through the Hague Agreement |
| Enforcement | Civil actions and criminal sanctions |
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