Intellectual Property Rights in United Arab Emirates

For some years, the United Arab Emirates (UAE) has proved to be a country that has embraced innovation and digital transformation in the region. As the UAE has become a global financial hub, intellectual property (IP) laws have also evolved. Pertinent to protecting IP rights, businesses are operated according to international business practices. However, the free zones have separate rules and regulations in the UAE and are exempted from following UAE corporate laws. You can also contact our Intellectual Property Lawyers.

Intellectual property is an individual’s creative and original work or inventions. It is an intangible asset, including trademarks, patents, and designs. The following assets fall under the category of IP rights:

1. Copyrights

The original and holistic work is protected under IP rights. Usually, music and art pieces have copyrights reserved. The legal experts are some times also referred as Copyright lawyers.

1. Trademarks

One should protect their brand names and logos that are said to be their trademarks.

1. Patents

The inventor is given the right to commercialize their inventions and innovations.

1. Industrial Designs

Some buildings have industrial designs, which are also known as state-of-the-art designs. Industrial designs protect products’ aesthetic and creative functions.

1. Trade Secrets

Some business information, such as processes, formulas, and practices, has to be kept confidential. Check with our lawyers, regards to trade secrets and more.

1. Domain Names

The domain names are protected, so other businesses cannot use them for their products. The Telecommunications and Digital Government Regulatory Authority handles domain registration and disputes in the UAE. IP rights in the UAE protect the rights of businesses, ensuring no unauthorized use or infringement occurs.

Intellectual property laws are regulated in UAE to protect intangible assets. However, these laws are aligned with international agreements such as the World Trade Organization’s Agreement, which relates to intellectual property rights trade aspects.

1. Copyright Law

Federal Law No. 38 of 2021 governs copyrights. It protects the literary, artistic, and scientific works of creators. The artists have the rights of distribution. They can also make more copies of their work if they want to and share it for public use. These rights are protected from the date of the artwork’s creation to the artist’s death and then extended for the next 50 years. Click Here for Intellectual Property Legislation UAE.

1. Trademark Law

Federal Law No. 36 of 2021 governs trademark law. This law safeguards inventors’ logos, symbols, and names. However, trademarks are registered with the Ministry of Economy and need to be renewed every 10 years.

1. Patent Law

Patent laws are applied under Federal Law No.11 of 2021, which protects inventions and industrial designs. It is important to know that patents are provided for 20 years.

1. Industrial Designs

Industrial designs are covered under the same law as patents. However, exclusive rights are provided for 10 years from the registration date.

1. Trade Secrets

Trade secrets do not have separate laws. The UAE’s civil and commercial laws regulate them, and legal action is taken for infringements.

Intellectual property rights shall be protected if you have a business in the UAE. In addition, you will have to register your business and intangible assets that you want to register in the UAE. However, all registrations are done with the Ministry of Economy:

1. Copyrights Registration

Copyright registration is not important, but if you want to protect your work and prevent others from using the same creation with your name, you should register. The requirements, documents, and fees must be submitted to the Ministry of Economy. Read more about Intellectual Property.

1. Trademarks

Big companies register trademarks in the UAE. The business undergoes a formal assessment to ensure it has fulfilled all the legal requirements for getting a trademark. After the review, the trademark is published in newspapers and an official gazette for public opposition. The process ensures transparency when registering the trademark. If there is any conflict with the trademark, it shall be resolved before making it official.

An application is submitted to the Ministry of Economy. The application has all the details of the claims, artistic designs, and inventions to ensure that patents and industrial designs have followed the legal procedure for registration.

The UAE government has established strict mechanisms to implement intellectual property rights, preventing business disputes over the registration process. Several steps can be taken to prevent infringements:

1. Legal Advice

IP owners can file lawsuits against infringers and seek compensation for damages caused by IP violations. The penalties for such criminal offenses are taken seriously in the UAE and may result in imprisonment and heavy fines. It has to be with top lawyers, and legal consultants.

1. Customs Monitoring

Customs protect the customs department. The PR authorities actively monitor imports and exports to ensure no illegal goods are produced or sent to the UAE. IP owners must register their trademarks with the customs for imports and exports.

1. Alternate Dispute Resolution Methods

Not every case has to go to court. Some cases can be resolved through mediation and negotiation, a settlement out of court. Mediation and negotiation are cost-effective strategies for resolving civil disputes.

1. Regulatory Authorities

The regulatory authorities in the UAE ensure that IP laws are implemented to ensure smooth business practices. Authorities such as the Ministry of Economy and the Telecommunications and Digital Government Regulatory Authority proactively oversee the implementation of IP laws in the UAE.

If you are starting a business in the UAE or already have one there, you should protect your intellectual property rights. Businesses that have protected their intellectual rights are considered better in trade and commerce. They have a different position in the market. However, it increases their brand value and provides legal security to the business. The IP assets can be licensed, have more franchises, and be sold if other revenue streams exist.

IP rights provide protection, yet they have certain challenges in the UAE. Many fake products are entering the UAE market, which is risky for IP owners. Startups and small businesses are unaware of intellectual property protection, so they usually do not register IP. Also, it could be expensive for these businesses to register IP at the initial stages of their businesses.

The UAE has ensured that IP laws are enforced according to global standards. Therefore, trademark and copyright law developments have reviewed the infringement penalties. However, it has also relieved startups and new businesses by reducing the fees for registering IP assets. The UAE is still in digital transformation. The latest developments in intellectual property laws have introduced protective measures against digital content, software, and other online infringements. The UAE has worked on international IP treaties to secure IP assets globally.

The UAE is one of the countries focusing on innovation and technology. It has enhanced the business setup to become a global hub for good investments. The digital transformation in the UAE calls for additional security, as artificial intelligence and blockchain will be preferred in the future. Therefore, companies should protect their digital assets, such as customized software. Moreover, the UAE is working on global ties to reduce border infringements.

The UAE has taken the right step to introduce intellectual property laws. Since many businesses have been established in the UAE, IP registration processes are streamlined for effective business operations. Moreover, the IP registration helps the companies to protect their assets globally. No one shall be given the right to copy your masterpieces, and industrial designs can be copied easily. To establish a UAE business, you must secure your trademarks and patents by registering IP assets with the Ministry of Economy. Hiring an intellectual property lawyer to guide you about IP asset registration is better. A successful business ensures global expansion and runs business operations smoothly. Ask The Law – Al Shaiba Advocates and Legal Consultants, do provide the legal support by top IP lawyers in United Arab Emirates, based in Dubai.