UAE
• Marks may be assigned or licensed (and it is worth noting that it is human or animal body, business methods and computer programs are not
mandatory to record the existence of a licence over a registered mark). patentable under the Patent Law.
Enforcement formalities
Enforcement against counterfeits is common and regularly reported in the • Application forms and the specifi cation, claims, drawings and abstract
local newspapers.
must be submitted in English and Arabic on application for registration
of a UAE convention and non-convention patent application. In practice,
Divisions of the Ministry of Economy conduct inspections and raids against
arranging a good-quality Arabic translation in advance of a convention
counterfeit products in retail premises. Th ey have the power to fi ne the trader
deadline can be diffi cult and adequate time should be allowed for
and seize infringing goods. However, they principally deal with routine
this step
counterfeit matters and may be reluctant to take enforcement action where
a similar (but not identical) trademark is being used on the product. Before
• Th e law does not provide for any extension of the fi ling deadlines. If
fi ling an administrative complaint, we recommend attending a preliminary
the documents are not all fi led in time, the patent offi ce may deem the
meeting with the relevant offi cials in order to confi rm whether they would
application abandoned.
be prepared to take on the case.
Patent applications are formally examined by the UAE patent offi ce staff .
Th e police also conduct raids against counterfeit products and will then refer
Substantive examinations are, however, carried out by the Patent Cooperation
cases to the Public Prosecution for criminal enforcement. Th e police are
Treaty search authority for the Austrian patent offi ce.
more willing to accept complaints in relation to wholesalers and warehouse
Th ere are no provisions in the UAE Patent Law for the restoration of a
premises. Th ey are reluctant to inspect and raid retail premises.
lapsed patent registration or application, even if the patent or application
Civil proceedings for trademark infringement can be commenced via the
was allowed to lapse due to no fault of the proprietor.
courts. Interim remedies are available to seize and stop the goods whilst the
civil proceedings are pending. We are not aware of any published judgments
Revocation and enforcement
in the last 12 months.
Any interested party may apply for revocation of a patent or a utility
certifi cate on any of the grounds upon which grant of the patent or utility
non-traditional marks
certifi cate may have been refused.
Th e Trademark Law does not refer expressly to colour or shape, or indeed
sound, smell, taste or touch marks.
To our knowledge, there has been no enforcement of patent rights in the
UAE via the courts or other authorities.
In practice, we know that applications for three-dimensional marks and
single-colour marks have been accepted and registered. We understand that
Draft amendment law
sound marks would be acceptable, subject to a distinctiveness test.
A draft law amending the Patent Law has recently been released for public
On the enforcement side, we are aware of a long-running dispute over the
review and comment. It amends the existing Patent Law to make it more
sale of counterfeit engines. A three-dimensional registration for the shape
compliant with the TRIPS (Trade Related Aspects of Intellectual Property
of the engines was used successfully in at least one emirate to cause the
Rights) agreement in the areas of undisclosed information and circuit
counterfeit engines to be seized and destroyed. However, the validity of the
layout designs.
registration has been challenged in another emirate and the case continues.
Copyright law and practice
Patent law and practice
Copyright in the UAE is an automatic right that comes into force upon
Th e Patent Law deals with patents, designs, utility models and know-how. the creation of various forms of original works, including artistic, literary
It demands absolute novelty, inventiveness, utility and scientifi c basis and audiovisual works. According to the Copyright Law, the author is the
as primary requirements for patentability. Methods of treatment of the individual who created the work. Th e concept of a ‘collective work’ is also
www.worldipreview.com World Intellectual Property Review Digest 2009 155
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