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Zero-Tolerance Approach on violations of Copyright.

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Staff Writer, TLR

Published on July 14, 2023, 17:41:00


law, lawfirm, safety, nyklawfirm, kadenboriss , UAE, dubaiuae, legalupdates, UAE, Government, copyright, legislation,

The UAE Government issued 50 new laws in late 2021, in conjunction with the country's 50th anniversary of creation, to enact the largest legislative changes in its history. The UAE Copyright Law was one of the new legislation, which was eagerly awaited. 

On January 2, 2022, the New Copyright Law went into effect. But the implementing regulations are yet to be published, which will clarify some sections of the New Copyright Law. 
Federal Law No. 7/2002 on Copyrights and Neighboring Rights, as Amended (the "Repealed Copyright Law"), is repealed and replaced by the Copyright Law. The Repealed Copyright Law has been essentially replaced by the Copyright Law, although there have been some important changes that suggest a strengthening of rights for companies and employers who commission the creation of copyrighted works.

Federal Law No. 37/1992 on Trademarks, as Amended (the "Repealed Trademark Law"), is repealed and replaced by the Trademarks Law. The Trademarks Law essentially mimics the Repealed Trademarks Law. However, the Trademarks Law has certain noteworthy features, such as increased penalties and recognition of 3-D, scent, hologram, and sound trademarks.
Since recent revisions in rules have made things more difficult for offenders, the UAE courts have adopted a zero-tolerance policy for abuses of data and intellectual property. This was put to test in court after BNC, a portal that offers data on the performance of the project and construction sectors in the UAE, sued one of its customers for abusing its data. According to the CEO of BNC, the data they offer through subscription services is protected by a master service agreement and cannot be shared. The Dubai Court of First Instance ruled in favour of BNC, and the defendants did not file an appeal within the deadline for doing so. The BNC decision is significant because it serves as a model for how intellectual property rights are safeguarded when more data and material are uploaded to the internet. 

Now that the UAE's Intellectual Property laws have undergone recent modifications, penalties are severe. Potential punishments for copyright violations range from AED 50,000 to AED 100,000. The second party in the judgement, on the other hand, asserted an "outright denial of involvement" in the BNC data's publication by a third party, which was running its website and app.
Although the new laws are comparable to the ones they replace and repeal, rights holders should be aware of the Copyright Law and Trademark Law. 
The UAE courts are dedicated to safeguarding intellectual property and preserving the rights of the creators, as seen by the enhanced penalties for breaking the law.

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