A brief introduction to the Intellectual property rights in UAE

Intellectual Property Rights play an important role in today’s digital world. IPR comprises various kinds of rights such as - Patents, Trademarks, Copyrights, Designs, etc. Intellectual property rights are registered in order for their creators to be able to earn revenue from their creations.

IPRs are recognized and enforced by the UAE under a range of international treaties. The Intellectual property legislation of the UAE includes Patents and Industrial Design Law number 44 of 1992, Trademarks law number 37 as of 1992, and Copyright and Neighboring Rights Law number 40 of 1992.

Patent registration, patent claim, patent protection, logo registration, film rights, and trademark valuation are the few practices in IPR and media law. It is preferred to consult a qualified lawyer to understand more about intellectual property laws and rights.

Enforcement of IPR takes place generally at the State level. Searches and seizures of counterfeit products in Dubai are carried out by Dubai Police, Dubai Customs, and the Dubai Department of Economic Development (DED).

The civil courts deal with patent infringement actions. It is the federal courts that will hear cases of infringement in the absence of local courts. The Emirates of Abu Dhabi, Dubai, and Ras Al Khaimah have their own local courts. The Dubai International Financial Centre (DIFC) courts may have jurisdiction over infringements occurring in the DIFC free zone. As a result of a recent extension of the DIFC courts' jurisdiction, infringement proceedings can also be brought there if one of the parties is registered there or if the parties agree to do so. There is no fast-track or small-claims procedure for the infringement actions.   

The functions of the IPR department are as follows:

• Ensure the security of IPR by enforcing national and regional contracts and rules.
• Keeping up to date with global trademark classifications, regulations, solutions, and treaties.
• Establish a database of registered trademark elements for the purpose of customs control and protection.
• Revision of the database to reflect the latest actions taken by the manufacturers to distinguish original goods from fakes.
• In collaboration with competent agencies, provide expert advice and assist with customs concerns by submitting reports confirming the occurrence of counterfeiting.
• Organize and manage consumer understanding of IPR protection, including that of customs inspectors in particular.
• Strengthen relationships between trademark owners and tighten oversight of items being used in trademark infringement in a way that fully supports the global current economic environment

The intellectual property system in the country is going through a developing stage, but it is proceeding on the right track toward the success of the government in full compliance with the international TRIPS agreement.

For any enquiries or information, contact ask@tlr.ae or call us on +971526443004