November 03, 2015
Today, Dubai is recognized as the world leader in industrialization and is the global point of intersection for business hot spots. Traders/ industrialists are targeting Dubai for their business accomplishments, majorly because Dubai offers the most modern infrastructure and there are no tax and no trade barriers, which make things easier for people.
A large number of leading projects are undertaken by Dubai every year and this has also led to an overflow of foreign trade, thereby increasing the per capita income which exceeds that of any other nations in the world. This flourishing trade opportunities and dynamicity in business expansion, has put the UAE government in a fix, as they need to devise policies or stringent norms for intellectual property protection.
In order to ensure that the Intellectual property rights are not violated, the government induces international standards of intellectual property rights protection. These laws are similar in form to the types of intellectual property protection laws, recognized by the U.S, U.K. and European systems.
Also, you will be glad to know that UAE being an active member of the nationwide conventions on intellectual property that includes WTO, TRIPS, and the Madrid Convention etc.; it offers recognition to global intellectual property rights.
If you are a trader in Dubai or planning to establish your business footprints on the land of the international business hub, you need not worry, because the customs officials and local law enforcement officials are always on guard and contribute their part in safeguarding the intellectual property rights. In case if someone is found violating or acting in accordance with the intellectual property infringement, the law enforcement takes necessary steps to curb the counterfeiters indulged in illegitimate acts that are legally prohibited.
Owing to the introduction of newer strategies and trade policy updates, businesses are growing more intense on adopting safety measures to ensure their intellectual property is protected against any kind of fraudulent activities that might pop up at anytime in the long run. Now that you have decided to choose Dubai for its luxurious and business-friendly atmosphere for your business formation, you need to familiarize with the operational consistencies that prevail in the new jurisdiction.
Each business has to deal with a large volume of personalized data which is in fact increasing day-by-day and there should be some form of legal protection that businesses need to collaborate with their data storage system. According to the data privacy law, a legal protection is guaranteed during the collection, storage, use, and disclosure & also processing of your personal data to ensure that it is safe and protected.
As per the jurisdiction of UAE, there is no particular law for ensuring data privacy, but do not worry, there are certain legislative elements that have been formed with regard to providing data processing privacy for businesses. These are:
The UAE government also implements certain rules and policies for storing specific sections of data such as the employees personal information, maintaining the data related to the business’s financial operations, etc. The businesses need to seek the assistance of a legal advisor to assure that they are operating as per the legal rules in their jurisdiction.
The Federal Law of UAE deals with the Intellectual property Rights and its registration.
Being an active member of the World Trade Organization, UAE abides by the provisions of the World Intellectual Property Organization’s Agreement on TRIPS. The agreement sets a minimum standard for protecting the Intellectual Property. As we have already discussed there are certain elements of the legislation that applies to the protection of Intellectual Property rights in Dubai though there is no particular law that has been framed for IP rights. There are no courts in UAE meant for preserving IP rights and no specialist IP lawyers for the same. Usually, the procedures related to IP enforcement can be done by filing a complaint via the police or custom personnel responsible for law enforcement in the concerned jurisdiction.
Different types of Intellectual Property that needs to be registered for with the government of UAE:
Due to its coalition into the worldwide convention/treaties on IP rights, if you register for a trademark in UAE, it will be applicable globally, in future if you plan to expand or move abroad. As per the Federal Law No. 37 that came into implementation in the year 1992, anyone who is approved by the UAE Ministry for the trademarks that they have registered it provides their product or service protection against any kind of infringement that might occur.
The mark that is registered needs to be unique and distinct from the already existing marks. You can register for a trademark with the UAE Trade Mark Office. Also, remember that if you are requesting for a trademark for goods (alcoholic beverages or pork) that is in any way found to be offensive then you will not be permitted to do so. If you own a trademark with international reputation, then you need the consent of the original owner to get it registered in UAE.
Also, a trademark that you have registered has a lifetime of 10 years after which you need it renew it. If you have not been using your trademark consecutively for over a period of 5 years, then a third party can claim for it while yours gets cancelled. Do not forget to register your trademark with the Ministry of Economy which is the protection protocol you have against infringement and third party claims.
Patents are the medals or trophies earned by highly intellectual scientific inventions and provide with opportunities for industrial exploitation. The inventions that are actually capable of industrial exploitation though it doesn’t matter if it comes with no inventive step and unpublished know-how, industrial models or designs but still it is protectable under the Utility law.
This enforcement was brought into action by the Patent Law No. 44 that was formed in the year 1992 which was again repeated by the Federal Law No.17 in the year 2002. This was mainly repeated to synch UAE Legislation with TRIPS. The approval of a patent might take several years from the day of filing in the UAE though its yours for the next 20 years and the protection for design patents last for over 10 years from the date of filing.
If you acquire a patent license, you need to file it with the Ministry of Economy and a failure to do so will leave it ineffective against third parties.
A Federal Law No. 7 came to be formed in the year 2002 covering protection rights for a variety of entertainment elements that includes artistic, musical, dramatic and literary works. The law protects any kind of third party infringement over copying these works. It automatically arises for an original work that is in material form.
The works generated by an employee can be utilized for the employee’s benefit as it is not considered to breach the UAE laws if the employer has not made the required contractual agreements. This helps them to safeguard or protect the works generated by their employees and prevent any unauthorized usage of this data.
You need not register to get a protection. Just submit an application to the Ministry of Economy and Commerce and pay a small fee and get the registration done. The lifespan for protecting written works is lifetime plus another 50 years.
These are some of the key points that you need to know about the law of Intellectual PropertyRights.
Legal Maxims have been providing legal consultation for various businesses and traders looking for trade opportunities in Dubai. We provide Liquidation Services, IP consultation and any related legal queries that our clients are looking for.
Do you need consultation on licensing Intellectual Property then contact us today!