Intellectual property in the UAE: What are your rights and offences for violators?

intellectual property

|

December 04, 2021

|

747 views


| Your comment matters, please click here to rate article!



Intellectual property rights have always played an inherent role in breakthrough discovery in various fields. The commercial and moral rights provided under the IP regime, whether towards monetization of the IP or to declare the ownership in the said innovation has allowed a fine balance to exist in the society that benefits both the creators and the society at large. IP rights comprise of various kinds of rights such as ‘Patents’, ‘Trademarks’, ‘Copyrights’, ‘Designs’ etc. Registration of intellectual property rights allows the creators or owners of the IP to be able to monetize the rights. Consumers, on the other hand, can ensure that they are purchasing safe and guaranteed products.

The UAE is a signatory to a range of international treaties on the recognition and enforcement of intellectual property rights, such as the Paris Convention covering patents and trademarks, Patent Cooperation Treaty for patents, the WIPO Convention and the TRIPS, the Gulf Cooperation Council for trademarks to name a few. The Intellectual property legislation of the UAE includes Patents and Industrial Design Law number 44 of 1992, Trademarks law number 37 as of 1992, Copyright and Neighboring Rights Law number 40 of 1992.

What are intellectual property rights such as Trademarks, Copyrights and Patents?

Trademarks:Trademarks refers to phrases, words or symbols which have the capability to distinguish the source of one product from that of the other. Trademarks in themselves which comprises the tradename and logo of an entity once registered becomes protected and cannot be used by another without the direct consent of the IP holder. Perhaps one of the most famous examples of trademark protection is the ‘Nike’ symbol.

Copyright:is one of the unique intellectual property rights which can be commonly understood as the authorship rights over any original work, which can comprise of literary, music, art, software program etc. Copyright exists in work the moment you create the original work; however, registration of the copyright is important in order to ensure protection from infringement.

Patent: A patent is usually provided for twenty-year terms to protect new inventions which have industrial utility. A patent owner can prevent others from selling, using or making the product or process for which patent rights are provided.

In an enforcement action for counterfeit goods, the UAE courts may order the following remedies of:

  1. the seizure or destruction of counterfeit goods and the machinery used to create them;
  2. the suspension of the offender’s trade license etc.

The penalties imposed for IP infringement in the UAE may range from detainment for at the very least three months and a fine at least AED 50,000 and not more than AED 500,000 for copyright infringement (Article 38 of the copyright law); imprisonment period of not less than three months and not more than two years and (or) be charged not less than 5,000 Dirhams and not more than 100,000 Dirhams (article 60 of the patent law); and trademark infringement is punishable by imprisonment and/or fine of AED 5000.

Intellectual property in the wider context is beneficial for the world as it encourages innovation and development. Without allowing intellectual property rights, the individuals would not be allowed to reap the benefits of the inventions and lead on to further research and development. Intellectual property rights thus play a key role in providing a strong boost to the economy of nations.


Related Links


Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.


Comments

No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Select your Language:

        

Main Menu