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United Arab Emirates

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INTRODUCTION

CURRENT IP LAWS IN FORCE IN THE UAE:

PATENTS, DESIGNS AND INDUSTRIAL MODELS LAW, NO. 17 OF 2002

The Patents, Designs and Industrial Models Law, No. 17 of 2002, which protects a patent for up to 20 years and a utility patent for 10 years. Patents need to be worked within four years of filing. Designs are protected for up to 15 years from the date of registration.

TRADEMARK LAW NO. 8 OF 2002

Trademark Law No. 8 of 2002, under this law; trademarks are valid for 10 years from date of filing and can be renewed for periods of 10 years.

COPYRIGHT LAW NO. 7 OF 2002

The Copyright Law No. 7 of 2002, which is optional, grants protection for the lifetime of the author plus 25 years. This applies to cinematographic films, works of art, works made by corporate bodies and works of art published under pen names. Photographic works

Photographic works are protected for 10 years only.

Intellectual Property matters are administered by the Industrial Property Office which is under the supervision of the Ministry of Economy and Commerce.

AFFILIATIONS

Bodies: World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC)


Conventions: Berne Convention, Paris Convention, Rome Convention, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Patent Cooperation Treaty

Country Information

Capital : Abu Dhabi
Largest city: Dubai
Official languages: Arabic
Government: Federal absolute monarchy
Legislature: Federal National Council
Currency: UAE dirham (AED) (1 $ = 3.67 AED)
MORE ABOUT TRADEMARKS IN UNITED ARAB EMIRATES (UAE)

LAWS

United Arab Emirates (UAE) Trademark Law      Download

FOLLOWING INDICATIONS MAY BE USED AS TRADEMARKS IN UAE:

  • Word marks

  • Names

  • Phrases

  • Symbols and inscriptions

  • Devices

  • Slogans

  • Packaging

  • Designs

  • Signatures

  • Combination of all of the above.

CLASSIFICATION

10th edition – single class application. Class 33, alcoholic goods in class 32, pork meat in class 29, and Christmas trees and related products in class 28 cannot be registered.

TRADEMARK SUMMARY

  • Multi-class filing system not applied

  • Time period for appeal against decision of objection for rejected files, is 60 days from notification

  • Accepted trademarks are published in the Trademark Journal as well as in two local daily Arabic newspapers upon grant of fee

  • Opposition period is 30 days from the date of publication

  • The payment of registration fees should be made within 60 days from the date of expiry of the opposition period

  • The assignment of a trademark or service mark can be recorded once the mark is registered in the country. It must be published in the trademark Journal.

  • Change of Name / Address of the applicant must be recorded with the Trademark Registry

PROTECTION TERM

  • 10 years from filing date and renewable for like periods

  • A grace period of 3 months from the date of expiry is allowed, but with the penalty

  • The renewal of trademark is also published in the Trademark Journal and in two local daily Arabic newspapers.

RIGHTS OF TRADEMARK OWNERS

Trademarks may be:

  • Transferred in whole or in part

  • Inherited

  • Assigned and licensed.

  • Mortgaged and creditors may seize such trademarks belonging to their debtors.

  • Licensed to natural or legal persons

  • Prevented from unauthorized usage by third parties

  • The subject of appropriate redressal from a court of law upon infringement

TRADEMARK USAGE IN UAE

It is not compulsory to use the mark for filing applications or maintaining the registration in force. Continuous usage of the mark for 5 years post registration is necessary to avoid 3rd party claims on the mark.

Unauthorized use of a trademark registered under the law or an imitation of such trademark applied on goods and services of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods and services bearing a counterfeited mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods or services of the same class are offenses punishable under the law.

REQUISITES FOR TRADEMARK’S SERVICES

Trademark / Service / Collective Mark Applications

  • Power of Attorney duly notarized & legalized up to the Consulate of the UAE. (Late submission of the POA is applicable within 60 days as from the filing date).

  • A certified copy of the home/foreign application/registration, if priority is claimed.

Quality Control Mark Applications

  • Power of Attorney executed by the applicant duly notarized and legalized up to the UAE Consulate. It is necessary to submit the legalized Power of Attorney at the time of filing the application. Yet, a late submission of the POA is applicable within 60 days as from the filing date.

  • Certified and legalized copies of the articles of incorporation of the legal persons who take care of the quality control and testing stating the amendments that have been made to the regulations.

  • The Minister’s approval to the registration of the mark. This will be obtained at our end.

  • Two copies of the list of goods to which the mark is used for the testing measures mentioning their specifications and quality.

  • A list of the persons who are going to use the mark.

  • Two copies of the rules, which the applicant follows in quality control and testing measures stating the amendment’s made thereto. It is possible to amend the rules of use after filing.

  • A list of the goods or services to be covered.

  • A legalized copy of the application filed for the mark, in case of claiming priority.

  • Meaning of the mark, if any or its origin

Renewal of Trademark/Service Mark Registrations

  • Power of Attorney duly notarized & legalized up to the Consulate of the UAE. (In case we are not the attorney on record at the UAE TMO).

  • A copy of the certificate of registration of the trademark.

Assignment Applications

  • Power of Attorney executed by the assignee and duly legalized up to the Consulate of the UAE.

  • A duly notarized & legalized deed of assignment executed by both parties.

  • A simple copy of the registration certificate of the mark.

Registered User/License Applications

  • Power of Attorney in the name of the licensee duly legalized up to the Consulate of the UAE.

  • A legalized copy of the license agreement executed by both parties

  • A simple copy of the registration certificate of the mark.

Change of Name/Address Applications

  • A Power of Attorney in the new name and/or address duly notarized & legalized up to the Consulate of the UAE.

  • A legalized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile.

  • A simple copy of the registration certificate of the mark.

Agency Agreements

  • Power of Attorney duly notarized & legalized up to the Consulate of the UAE.

  • For individual merchants, two copies of the following:

  1. The commercial permit.

  2. The entry in the commercial register.

  3. The commercial agency agreement duly legalized up to the Consulate of the UAE.

  4. The Arabic translation duly notarized, if the agency contract is not in Arabic.

  5. The agent’s entry or identification card.

  6. The Powers of Attorney duly notarized.

  7. Two copies of the declaration.

PATENT INTRODUCTION & REQUIREMENTS

LAWS

United Arab Emirates (UAE) Patent Law      Download

PATENT SUMMARY

  • Patent applications and patents may be searched by title, patentee name, priority/PCT number(unofficial)

  • Any patent application filed under GCC Patent Law is completely valid in UAE

  • Patents are published in the Official Gazette after substantive examination and after grant

  • Opposition period is 60 days from publication in the IP Bulletin issued by the Patent Office.

PROTECTION TERM

  • 20 years from filing date, 10 years from filing date for utility model

ANNUITIES

  • Due annually on the anniversary of the international filing date and payable on pending applications.

  • Grace period of 6 months for late payment, where the last 3 months payment will be with penalty.

REQUIREMENTS

For Filing the Patent Application:

  • POA, legalized

  • Copy of International Publication

  • 2 copies of the specifications in English and Arabic

  • Copy of International Search Report (ISR)

  • Specifications in English and Arabic

  • Drawings in English and Arabic

  • Legalized Extract from the commercial register or certificate of good standing.

For Change of Name or Address:

  • Legalized POA, (If new name)

  • Extract from the commercial register or any other document evidencing this change duly legalized.

For Assignment:

  • Legalized POA

  • Deed of assignment duly legalized

  • Legalized Extract from the commercial register of Assignee

Merger

  • POA with Apostille certification

  • Legalized Certificate of merger

COPYRIGHTS INTRODUCTION & REQUIREMENTS – UNITED ARAB EMIRATES

LAWS

United Arab Emirates (UAE) Copyright Law      Download

The provisions to provide legal protection to the copyright- related issues have been incorporated in United Arab Emirates (UAE) in the shape of Federal Law No. 40 of 1992. UAE is a member of the Berne Convention for the Protection of Literary and Artistic Works.

Copyright registration is possible for nationals and foreigners. The copyright law provides protection for original intellectual works of art in literature, science, arts and culture in general. The law provides protection irrespective of the value, type, manner of expression or purpose of the work. The author may assign the rights granted to him subject to prescribed terms and conditions.

DURATION

In general, the duration is the artist’s life with the addition of 50 years following the artist’s date of passing.

COPYRIGHT IS PROTECTED FOR;

  • Written works,

  • Computer programs and applications, databases

  • Lectures, addresses, sermons, and other works of similar nature

  • Dramatic, and musical works and dumb-shows

  • Music compositions with or without words; Sound and audiovisual works

  • Architectural works, engineering plans, and layouts

  • Works of drawing, painting, sculpture, lithography (fabric, metal, stones, wood)

  • Photographic works and works analogous to photography

  • Works of applied and plastic art

  • Illustrations, geographical maps, sketches,

  • 3d works related to geography, topography, and architectural designs

INFRINGEMENTS & PENALTIES

Penalties include payment of fines of up to 500,000 Dirhams (around 136,000 US Dollars), as well as legal prosecution resulting in no less than 3-months imprisonment terms

FILING REQUIREMENTS

  • POA, notarized and legalized by the UAE Embassy

  • 3 copies of the copyrighted material

  • Brief description of the copyright