Intellectual Property refers to the creative ideas and creations emanating from the intellectual faculty of a human being. Examples include - Patents, Trademarks, Copyright etc. IPs confer certain rights on the creator. These rights give an exclusive privilege to the creator to make use of the Intellectual Property for a limited period of time to the exclusion of others. The rationale behind the protection of Intellectual Property is to encourage creative work and to foster the socio-economic development of the nation. At the conclusion of the period of protection, the creation falls into the public domain i.e., the public can make use of the same freely.
Registration of Intellectual Property in the UAE
Most common types of IP and the documents needed to register an IP:
1) Trademark
A trademark in the UAE is a mark or symbol that helps to distinguish the goods or services of one enterprise from those of other enterprises. IP protection is given to trademarks to prevent unfair competition and also to prevent customers from being misled. The competent authority to register an IP in the UAE is the Ministry of Economy.
Documents Needed to Get a Trademark Registered
- Logo i.e., the trademark
- Power of attorney
- A copy of the commercial licence
- Priority document
- Copy of Passport
Who can Register a Trademark?
The following persons can apply for trademark registration:
- UAE citizens and natural and artificial persons practising any commercial, professional, industrial or service business
- Foreigners and natural and artificial persons practising any commercial, professional, industrial or service business
- Foreigners and natural and artificial persons practising any commercial, industrial, professional or service business in any country on the basis of reciprocity
- Other artificial persons.
2) Copyright:
Copyright protection is given to any original creative work in the literary, artistic, dramatic, musical work and sound recording. Only the true owner can make use of his creation during the period of copyright protection. At the conclusion of this period of protection, the work falls into the public domain. The competent authority to register intellectual works is the Ministry of Economy. Copyright protection is available for the entire duration of the author's life plus a period of fifty years after his death.
The Following Works are Protected Under Copyright Law:
- Books, pamphlets, articles etc
- Computer software and applications, databases and similar works defined in a decision to be issued by the Minister of Economy
- Lectures, sermons, speeches and other similar work
- Plays, musicals and similar work
- Musicals accompanied by dialogues and musicals which are not accompanied by dialogue
- Audio and video works or audio-visual works
- Architectural work and architectural plans and drawings
- Drawings, paintings, sculptures, etchings, lithographs, screen printing, reliefs and intaglio prints and other similar works of fine art
- Photographic work and the likes
- Works of applied art and plastic art
- Charts, plans, maps, 3-D modelling for geographical and topographical applications and architectural designs etc.
- Derivative works, which are nothing but works based on existing work.
3) Patent
Patents are protection given to inventions. The invention must be novel and must have an industrial application for it to get patent protection. The competent authority for registration of patents is the International Centre for Patent Registration under the Ministry of Economy. The duration of patent protection is twenty years.
The following cannot be patented:
- Animal species, Plant varieties or biological methods of producing animals or plants. There are certain exceptions allowed for certain microbiological methods and products arising from such methods
- Surgical operations, treatments, and Diagnostic methods necessary for humans and animals. (With respect to the medical field)
- Mathematics and Scientific principle, methods and discoveries.
- Rules, Guides or methods followed to perform mental activities, conduct business or play games
- Inventions against morality and public order
Why one must take Expert help for IP Registration?
An expert having knowledge of the prevailing law can help you:
- Advise the best course of action regarding IP protection.
- Expedite the process of registration
We Can Help You
Commitbiz is an established group of management consultants based in Dubai. We offer incorporation and other related services in the UAE. We also provide IP services.Contact us for more details.