UnItED ARAB EMIRAtEs
UAE
tHE UAE BEnEfIts fRoM An ADEqUAtE fRAMEWoRK
of LAWs to PRotECt IntELLECtUAL PRoPERtY RIGHts
recognised and the legal entity that directed the creation of this work can act termination of employment, to capture ownership of key works as assets for
as the author of a collective work. the employer.
Recordal of copyright ownership
In order for an assignment to be eff ective under UAE law, it must be in
writing, specifying the rights to be exploited, the purpose, the duration and
Although the Copyright Law expressly states that there is no need to register
the territory.
a work in order for it to benefi t from copyright protection, it is generally
advisable to obtain a registration as it simplifi es the enforcement process.
Conclusion
Registration is a relatively straightforward process. It involves fi ling an Th e UAE benefi ts from an adequate framework of laws to protect
application with the Copyright Offi ce in the Ministry of Economy and, if intellectual property rights. Th e government is alert to areas where the laws
necessary, preparing an assignment of the rights in the work from the author require amendment in order to bring the UAE more into line with its
to the owner/applicant or otherwise establishing the chain of ownership. international obligations.
Copyright and employees
According to the Copyright Law, it is not possible to assign rights in all
David Moore is a senior associate at Clyde & Co. He can be contacted at:
future works. Specifi cally, Article 15 of the Copyright Law states that:
david.moore@clydeco.ae
“Any dealing of the author in all his prospective intellectual works or in
more than fi ve such works is absolutely invalid.”
David Moore has more than 10 years’ experience in trademark
As a result, it is our view that any blanket assignment by an individual of all
prosecution, opposition and cancellation actions across multiple
copyright works that an author may create in the future is invalid. It is also
jurisdictions. He provides strategic advice on the protection
worth noting that the Copyright Law does not provide that copyright works
and management of trademark portfolios, on the clearance
created by employees are automatically owned by their employers.
and launching of new brands, on IP ownership and acquisition,
and on the negotiation and settlement of disputes.
It is therefore important to ensure that confi rmatory assignments are
signed by employees periodically, such as at the end of each year and on
156 World Intellectual Property Review Digest 2009
www.worldipreview.com
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