BUSINESS BRIEF: UAE
BUSINESS BRIEF: UAE Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
Patents can be protected in the UAE through direct national filing, the Patent Cooperation Treaty (PCT) or the Gulf Cooperation Council (GCC), which has a unified patent system for the six GCC countries: Saudi Arabia, UAE, Qatar, Bahrain, Oman and Kuwait. However, the GCC is not part of the PCT so only original patents can be filed under the GCC system.
Te registration procedure for patents in the UAE involves filing, formal and substantive examinations, publication, and grant. Te patent application is filed and submitted to the UAE patent office for examination. Once the formal examination is completed, the application is forwarded to the appointed patent office for substantive examination. Once the letter of grant is issued, it is published in the Official Gazette. Te opposition term as per UAE laws is 60 days. In the absence of any opposition, the patent grant letter is issued to the applicant.
What are the costs for obtaining a patent, and what are the costs of defending it?
Te official fees for a straightforward case from filing to grant are $2,085 for individuals and $2,250 for companies. Te official fees for filing an opposition/appeal are $28 for individuals and $55 for companies. Tere will also be annual costs for maintaining the rights.
Where can you find information on existing patents in your jurisdiction?
Te UAE patent office does not conduct official searches on patents. However, SMAS-IP has a well-established and up-to-date in-house database that contains all published patents.
Is there anything unusual about the patent law that companies should be aware of, and what are the most common mistakes businesses make?
The UAE Patent Law is a complete law that clearly states all procedures and measures for the protection
and enforcement of
rights. In the UAE, most businesses are not still acquainted with patents, while some international companies are not keen to seek protection for their patents in the country. However, as the UAE is an economic hub in the region, there are great risks of infringement and, in cases where the patent is not protected in the UAE, no action can be taken against the infringer.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
If an invention owner does not hold a deed of protection in the UAE or GCC, he cannot take legal action against the infringer. Under UAE patent law, the holder of a deed of protection may request the court to order the seizure of the suspected infringing goods.
Te procedure to file a court case against patent infringement is stipulated in Article 61 of UAE Industrial Regulations and Protection of Patents, Industrial Drawings, and Designs.
Have there been any changes to the patent law(s) in the last 12 months?
Te first UAE Industrial Regulations and Protection of Patents, Industrial Drawings, and Designs was issued in 1992 and amended in 2002 and again in 2006. No amendments have been made since then. However, the UAE patent office has signed a Memorandum of Understanding with the Republic of South Korea to cooperate on IP rights, particularly in the field of patents.
138 World Intellectual Property Review Annual 2014 Trademarks
How do you register or secure trademark rights, and what protection does it grant? Trademarks should be registered with the UAE trademark office. Once the application is filed, it undergoes formal and substantive examination. Once accepted by the examiner based on absolute and relative grounds, the trademark is then published in the Official Gazette and two local newspapers. Te opposition period in the UAE is 30 days from the publication date. If no opposition is filed, the registration certificate is issued and sent to the applicant or his attorney.
Registered trademarks can also be registered before customs in Dubai, Sharjah and Ras Al Khaima and Umm Quwain. Tis is an elementary record but is efficient in preventing the import/ export of infringing products.
What are the costs for registering a trademark, and what are the costs of defending it?
Te official fees for straightforward registration procedures are $1,970 for one trademark in one class, as multiclass filings are not allowed under the UAE trademark law’s provisions.
Te official fee for filing an appeal/opposition/ counterstatement or attending hearing sessions at the UAE trademark office is $70 for each procedure.
What are the key threats to trademark owners, and what is the best strategy for dealing with infringement?
Te UAE is an economic hub and international shopping destination so several trademarks, including well-known and local trademarks, are subject to infringement. In addition, the UAE is a transit point between the Arab market, especially the GCC, the Middle East and other countries. So several ways to infringe trademarks can be found, including counterfeiting and online infringement.
www.worldipreview.com
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