Research On Criminal Protection Of Intellectual Property Rights Under Uae Law
Legal Framework in the UAE
Federal Law No. 37 of 1992 (Trademarks, amended 2021): Criminalizes counterfeiting and unauthorized use of registered trademarks. Penalties include imprisonment (up to one year) and fines (up to AED 1,000,000).
Federal Decree-Law No. 38 of 2021 (Copyright and Neighbouring Rights): Protects literary, artistic, and digital works; criminal sanctions exist for piracy, reproduction, or distribution without permission.
Federal Penal Code: Covers fraud, forgery, and deceptive commercial practices, often used in conjunction with IPR criminal cases.
Federal Customs Law: Grants authorities the power to seize counterfeit goods at ports of entry.
In practice, criminal enforcement applies to large-scale commercial infringement, repeat offenders, and cases that harm public trust or consumer safety.
Case 1: Counterfeit Luxury Handbags – Dubai Court (2010)
Facts:
An Indian national repeatedly sold counterfeit luxury handbags (Louis Vuitton, Gucci) in Dubai. The goods were displayed in a small shop targeting tourists.
The accused had been arrested multiple times within a month.
Legal Issues:
Criminal liability for repeat offenses of trademark counterfeiting.
Whether imprisonment and deportation could be applied for IP infringement.
Judgment/Outcome:
The court sentenced the accused to two months in prison, imposed fines, and ordered deportation.
The ruling emphasized deterrence against repeat commercial counterfeiting.
Implications:
Shows that the UAE treats repeated infringement as a serious criminal offense.
Deportation may be applied for non-UAE nationals involved in IP crimes.
Case 2: Abu Dhabi Store Using Online Brand Trademark (2025)
Facts:
A brick-and-mortar store in Abu Dhabi used the brand name and logo of a globally recognized online-only fashion retailer without authorization.
Customers were misled to believe there was an official affiliation.
Legal Issues:
Unauthorized use of a registered trademark.
Misleading consumers and harming brand reputation.
Judgment/Outcome:
Court ordered cessation of use, removal of signage, and banned sales of products bearing the trademark.
The case illustrated overlap between civil remedies and criminal liability for bad-faith use of trademarks.
Implications:
UAE courts protect both domestic and international trademarks, including online-only brands.
Criminal enforcement may follow if infringement is commercial and deliberate.
Case 3: Counterfeit Cosmetics – Abu Dhabi Cassation Court
Facts:
The accused sold counterfeit cosmetic products that posed potential health risks.
Goods bore fake trademarks and were distributed widely in local markets.
Legal Issues:
Criminal liability for commercial-scale sale of counterfeit products.
Aggravating factor: consumer health risk.
Judgment/Outcome:
The court convicted the accused, imposed fines, and ordered confiscation of goods.
The ruling highlighted that health risks increase severity of criminal penalties.
Implications:
Commercial-scale infringement involving potentially harmful goods is treated with maximum severity.
Courts prioritize public safety alongside IPR protection.
Case 4: Emulate Technology Counterfeit – Dubai (2018)
Facts:
A company sold pirated software and unlicensed digital media, labeling them as genuine products from a major software company.
The infringement included illegal reproduction and distribution on a commercial scale.
Legal Issues:
Criminal liability for copyright violation and software piracy.
Determining whether commercial profit motive elevates civil infringement to criminal offense.
Judgment/Outcome:
The court imposed imprisonment and a substantial fine.
Confiscation of all counterfeit software and equipment used in the operation was ordered.
Implications:
Software piracy is a criminal offense when conducted commercially.
Enforcement includes both fines and imprisonment.
Case 5: Large-Scale Counterfeit Goods – Ajman Court (2025)
Facts:
The accused imported counterfeit consumer electronics and household items valued at over AED 1 million.
Investigations proved knowledge and deliberate misrepresentation to customers.
Legal Issues:
Criminal liability for large-scale import and trade of counterfeit goods.
Whether maximum penalties are warranted.
Judgment/Outcome:
The court imposed maximum imprisonment under the Trademark Law, maximum fines, and ordered confiscation of goods.
Implications:
Scale of infringement directly impacts severity of criminal penalties.
Deliberate planning and commercial intent aggravate liability.
Case 6: Repeat Offender – Online Piracy Platform (2023)
Facts:
An individual ran an online platform distributing pirated movies and music.
Previous warnings and civil claims had been ignored.
Legal Issues:
Criminal liability for repeat infringement in digital domain.
Enforcement against online platforms versus individual sellers.
Judgment/Outcome:
Court sentenced the individual to imprisonment, ordered fines, and shut down the platform.
Emphasized deterrence for online IP crimes.
Implications:
UAE criminal law applies to digital infringement.
Repeat offenders face harsher penalties.
Key Themes Across Cases
| Theme | Observation |
|---|---|
| Scale & Intent | Large-scale, commercial, or repeat infringers face maximum penalties. |
| Public Safety | Counterfeit goods posing health risks increase severity. |
| Digital & Online | Cyber piracy and online counterfeit distribution are criminally punishable. |
| National vs International IP | Both UAE and foreign rights are protected. |
| Penalties | Jail, fines, confiscation, business closure, deportation (for foreigners). |
Conclusion
The UAE enforces criminal protection of intellectual property rights vigorously. The courts consistently apply imprisonment, fines, confiscation, business closure, and deportation for commercial-scale or repeat infringement. Both physical goods and digital content are protected under UAE law, with public safety and economic integrity as key considerations.
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