Intellectual Property Laws at United Arab Emirates
The United Arab Emirates (UAE) has established a robust intellectual property (IP) legal framework to safeguard and promote innovation and creativity. The primary legislation governing IP rights in the UAE includes:
📜 Key IP Laws in the UAE
1. Federal Law No. 11 of 2021 – Regulation and Protection of Industrial Property Rights This law consolidates provisions related to patents, utility certificates, industrial designs, integrated circuit layouts, and undisclosed information (trade secrets) It aims to enhance the protection of industrial property and aligns with international best practices Notably, it introduces
- A 12-month grace period for pre-filing disclosures - Provisions for the conversion of utility certificates into patents - Accelerated examination procedures - Protection for integrated circuit layout designs with a 10-year term
2. Federal Decree-Law No. 36 of 2021 – Trademarks This law defines trademarks as distinctive signs used to distinguish goods or services It includes provisions for
- Registration of trademarks, including sound marks - Protection against infringement - The UAE's accession to the Madrid System, facilitating international trademark protection
3. Federal Law No. 38 of 2021 – Copyrights and Neighbouring Rights This law protects original works in literature, arts, and science, including
- Books, software, and databases - Lectures, plays, and musical compositions - Artistic works like paintings and sculptures - Architectural designs and maps - Photographic works and applied arts
🏛️ Administrative Authority
The Ministry of Economy is the central authority responsible for the registration and protection of IP rights in the UA. It oversees the registration of trademarks, patents, industrial designs, and copyright. The Ministry also manages the International Centre for Patent Registration and handles grievances related to IP matter.
⚖️ Enforcement and Legal Remedies
The UAE provides several enforcement mechanisms for IP rights holder:
Civil Actions Rights holders can seek injunctions and claim damages for infringement.
Criminal Actions In cases of wilful infringement, penalties may include fines and imprisonment.
Customs Measures The UAE Customs Authority can seize counterfeit goods at border.
Grievance Procedures The Ministry of Economy handles disputes through a dedicated Grievance Committee.
🌐 International Engagement
The UAE is a member of several international IP treaties, including: - Paris Convention for the Protection of Industrial Property - Patent Cooperation Treaty (PCT - Madrid Protocol for the International Registration of Mark - World Intellectual Property Organization (WIPO
These memberships facilitate the protection of UAE IP rights abroad and enable foreign IP holders to seek protection within the UE.
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