The UAE government has initiated various steps towards the protection of IPR. The Department of Legal Affairs, Ministry of Economy is the source from which laws are issued and legislation enacted. Intellectual property or asset is intangible in nature and is a creation of human mind or intellect, specifically, an idea, invention, discovery, trade secret, process, program, data, formula, patent, copyright, trademark, and design etc. Our firm comprises of highly competent Intellectual property consultants and professionals who gained their knowledge through several years of experience. We offer a wide range of intellectual property services and expertise to safeguard your intangible assets such as trademark registration, copyright registration, patent registration etc.
What is a Trademark?
A trademark is a type of intellectual property consisting of recognizable sign, design or expression which distinguishes products or services of a particular trader from similar products or services of other traders. UAE Trademark registration is done under the class system. There are 45 international classes among them 1 - 34 goods printed materials where as 35 - 45 services marketing according to the class. UAE has a separate application for registration of a trademark in each class. Thus, choosing the correct class is critical for necessary protection and avoiding unnecessary costs. Regions which are covered by the Trademark Certificate, UAE. When your trademark is registered in the UAE, it would be registering in all the seven states of Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain.
Trademark Registration Procedure in the UAE
- Registration validity is for 10 years only whereas renewable for the other consecutive period each of them.
- Application for Renewal should be submitted during the last ending year of the protection period. Three months grace period is given for late renewal upon the payment of late fees.
- After the Renewal is been done it is necessary to be published in the Trademark Journal and in two of the local Arabic newspapers.
- The opposition of Trademark would be seen If someone issues petition opposing trademark is issued in the two local Arabic newspaper. The Ministry in such event serves a show cause on the applicant as to why the application sent to be granted by them.
- Trademark is not to be considered as a Trade Name. If a company name is considered as its trade name which is often confused with the trademark. The Trade names are been issued by the Economic.
- Trademark fall within the jurisdiction of the Ministry of Economy.
- Having done Registration of trade name would not create a mark.
Requirements for Trademark Application in UAE
- Copy of your trademarks image should be in black and white and in digital copy form, and the copy of the logos should be in jpeg format
- A brief description of goods/services
- Power of Attorney
- Trading license
- Confirmation of the fee payment
- Valid ID or passport of the applicant
What is the UAE Patent Law?
The UAE Federal Law Number 44 issued in 1992 relating to the Industrial Regulation and Protection of Patents, Industrial Designs, and Drawing was replaced by Federal Law number 17 in 2002 and subsequently amended by the Federal law number 31 in the Year 2006. According to the Ministry awards patents to any new Invention that results from an idea or step that is inventive in fact provided however that such concept is of industrial use. The Patents Law of UAE provides that patent is valid for a term of twenty years.
Patent Law also sets out Specific Exceptions as to Grant of Patent Rights such as :
- An exemption is applicable to the microbiological methods and their by-products.
- Methods for Diagnosing humans and animals, special treatment and surgical operations
- Mathematical and scientific principles discoveries and methods
- Manuals or guides, rules or processes followed to conduct business or perform mental and activities or play games
- An invention that may lead to a violation of public morale or peace.
UAE Patent Registration Procedure
The applicant must file the following documents:
- There should be a clear and concise description of the invention and the inventor
- Should have technical drawing and specification to support the reasons for the application submitted.
- Copy of the company’s articles of association;
- Proving that the invention is inventive and put to industrial use with a brief note which is not to be exceeding more than two hundred words.
- Power of attorney in favour of the patent agent
- In cases where a patent application is an extension of an earlier approved patent, a consent letter is required from the founding inventor
- Attested copies of the patent certificate which is receiving approval from other jurisdiction.
- The award gets printed and published in the Industrial Property Journal or the Gazette of the UAE once it’s being approved.
The UAE Patent and Design Law Federal Law number 44 of 1992 initially provided for industrial design. Industrial design rights get approved for the novel and ornamental or aesthetic aspects of an article such as the shape of an article, patterns, lines or colours. Industrial designs should relate to aesthetic features and not technical features. Applicants obtaining Industrial Design rights should apply to the Design Registry of the UAE Ministry of Economy. Federal Law No. 17 of 2002 repealed the Patent Law No. 44 of 1992 to bring UAE legislation into line with Trade-Related Intellectual Property Rights. Since 1998 it has been possible to obtain patent protection in all Gulf Cooperation Council member states through the filing of a single application at the GCC Patent Office in Saudi Arabia. The Law expressly provides the legal framework for the protection of the Designs in the UAE.
Registration Procedure for Industrial Design in the UAE
- Application to be filed before the Patent Office to qualify for protection under the law
- Design is examined and is subject to approval
- The accepted application then gets published in the Official Gazette office
After the creation of the copyright object could be registered in the UAE. Federal Law No. (7) of the Year 2002 Concerning Copyrights and Neighboring Rights.
There two main requirements - copyright object should be: the result of intellectual work (no plagiarism) and expressed in any objective form.
Procedure for Registering your Copyright in the UAE
Copyright could be done through registration of copyright
Documents required for registering Copyright
- Copyright Application form
- Sample of the copyrighted work
- ID or passport of the person who will author
- Information about the owner
- Confirmation of official fee payment
- Details of applicant
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