The UAE has created a comprehensive legal framework for the protection of various kinds of intellectual property rights, including trademarks, copyrights, patents and industrial designs. This framework is designed to foster innovation, creativity and market competitiveness. Businesses operating in the UAE need to enforce their intellectual property rights (IP) to safeguard their market position. This article details the ways in which businesses can protect their IP rights in the UAE.
The UAE has proactively adopted international standards for the registration and protection of IP which reflects their commitment to the enforcement of IP laws. Such commitments are demonstrated by their participation in important treaties of the World Intellectual Property Organization (WIPO) such as The Berne Convention, The Paris Convention, and The TRIPS Agreement. Such memberships ensure that IP rights are acknowledged and enforced within the country and abroad.
| Intellectual Property Category | Relevant UAE Law |
| Trademarks | Federal Law Decree No. 36/2021 deals with Trademarks |
| Copyrights and Neighboring Rights | Federal Decree-Law No. 38 of 2021 on Copyrights and Neighboring Rights |
| Industrial Property (including Patents, Utility Certificates, Industrial Designs, and Integrated Circuits) | Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights |
These laws collectively aim to modernize and enhance the regulations governing various aspects of intellectual property in the UAE, aligning them with international standards and addressing contemporary challenges in the digital economy.
| Aspect of IP Protection | Eligibility | Registration | Enforcement | Duration |
| Filing of Trademark and Use in Services/Good | Trademarks that distinguish goods or services of a single company from those of other competing businesses. | For effective safeguarding of the trademark, it is necessary:
| The use of any registered trademarks without authorization is considered infringement. The owners of trademarks may file a lawsuit with the Civil Court to claim compensation to sue for infringement of a trademark, Imposing seizure on the materials, tools and equipment, and damages. The court may also grant provisional measures such as injunctions, seizure of infringing goods, and preservation of evidence. The authorities of the United Arab Emirates, such as the Department of Economic Development (DED) and customs, have the duty to protect trademarks from fraudulent use and actively supervise the trademark rights. | The period of protection resulting from the registration of a Trademark is (10) ten years starting from the date of filing the application. If the right holder wishes to renew the protection for similar periods, he may file an application to renew the Trademark registration with the Ministry during the periods. |
| Copyright Protection | Original literary, dramatic, musical, and artistic works. | Any work is copyrighted from the moment of creation. However, registration with the Ministry of Economy’s Department of Copyright greatly enhances one’s standing in the eyes of the law. This serves as proof of ownership in legal battles. The applicant submits an application containing copies of the work along with supportive documents. | Civil and criminal consequences such as fines and jail terms are possible as a result of copyright infringement. The legislation gives rights holders who have suffered infringement the right to sue for injunctive relief, damages for the infringement, and the confiscation of infringing copies. Further, in the UAE, special committees have been set up to deal with copyright infringement cases in a more expeditious manner. | The Economic rights of the author are protected during his or her lifetime and for a period of 50 years after death. For works of applied art, the protection period is 25 years from date of publication. |
| Protection of Patents | An invention must be novel, non-obvious, and useful. Certain areas like Scientific Theories, Mathematical Methods, and Diagnostic Methods fall outside the scope of patentability. | Submissions are made to MoE Development of Innovation in the Economy and Patents Department (DIEPD) for a patent. This involves a formal examination to check compliance with the legal requirements and a thorough examination to establish the claim of novelty and inventive step. As a member of the Patent Cooperation Treaty (PCT), the UAE allows applicants to seek international patent protection. | Patent holders are granted the ability to prevent unauthorized use of their inventions or innovations. Legal remedies for infringement include:
Patent disputes are generally heard by UAE courts, and in complex cases, specialized tribunals may be established. | A patent is valid for 20 years from the date of application. Annual maintenance fees must be paid to keep the patent enforceable; failure to do so may result in its expiration within 20 years of issuance. |
| Protection of Industrial Designs | The industrial design:
| A request that includes the representations of the design and description of the design must be submitted to the Ministry of Economy. The application must be accompanied by all documents that prove its compliance with the requirements set. After paying the service fees, the application is verified and legally examined. The applicant is notified of the examination outcome through the eSystem. Following the examiner's decision, the applicant pays publication fees, the application is registered, the publication is released, and the certificate is issued. | The registered industrial designs are protected from infringement through legal proceedings. | The registered industrial designs is valid for (20) years starting from the filing date of the application for protection. |
The United Arab Emirates (UAE) has established a robust legal framework to protect intellectual property rights, encompassing trademarks, copyrights, patents, and industrial designs. These laws, aligned with international standards, aim to foster innovation, attract investment, and support economic diversification. By following these regulations, businesses entities can effectively protect their intellectual assets with a competitive edge in the UAE financial market.
Businesses are advised to seek the expert services of premier Intellectual Property Tax Consultants in UAE to effectively ensure compliance with intellectual property laws and to protect their intellectual property rights. Contact us today and we shall be glad to assist you.
Abrar Ahmad holds a Master’s as well as an MPhil in Finance and has an extensive experience of 10+ years in managing all aspects of Taxation, VAT Consulting and Accounting. He also carries with him a working knowledge of corporate tax and has helped drive value and growth to the businesses of numerous clients.