How can we protect intellectual property in UAE? | FlyingColour
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How can we protect intellectual property in UAE?

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Protect Intellectual Property in UAE

The protection of intellectual property in UAE rights has become a crucial factor in ensuring the success and sustainability of these ventures because the UAE has developed itself as a leading hub for businesses and their owners. 

You might be surprised to learn that the UAE was placed on the United States Trade Representative’s (USTR) Special 301 Report Watch List for failing to provide adequate and effective protection of Intellectual Property Rights (IPR) in 2018. After developing essential improvements to its IPR enforcement regime, the country was removed from special 301 reports in 2021.

The UAE has made significant strides towards strengthening its intellectual property framework by aligning it with international standards and best practices. The legal system of this country currently provides businesses with intellectual property and patent law to protect IP rights.

In this article, we are going to explore numerous legal amenities that you can adopt to protect intellectual property in the UAE.  Furthermore, we will discuss how you can use these legal practices to effectively protect your intellectual property.

 

Top methods to protect intellectual property in UAE

It is very crucial to for a business to protect its intellectual property rights in the United Arab Emirates. In order to protect intellectual property in UAE, you can follow numerous legal practices. Here is the list of Intellectual Property Rights Law in UAE to protect you from intellectual properties:

 

1. Copyright Registration 

Copyright serves as a form of legal protection that provides the creator of an original work of authorship with an exclusive right to use and distribute that work. The copyright protection in the United Arab Emirates is governed by Federal Decree-Law No. 38/2021, which protects innovative literary, artistic, and scientific development in any form, expression, significance, or purpose. The Ministry of Economy’s Department developed this law because the central authority is responsible for copyright protection in this country. 

The country provides business owners with copyright protection for numerous forms of works, like literature, computer programs, lectures, plays, musicals, audio and video, architectural designs, plans and drawings, fine art, photographic, applied art, and plastic art, charts, maps, and 3-D modelling. Apart from these arts, the protection of copyrights additionally extends to derived works, their title, along with creative concepts derived for the material of broadcast. 

You can apply for copyright registration through the Ministry of Finance in the UAE. It is essential to note that the economic rights of the author are protected during the lifetime of the author and 50 years after the author’s death, starting from the first day of the calendar following their death. In comparison to this, the economic rights of the applied artworks come to an end after 25 years from the first day of the calendar year following their 1st publication. 

By securing copyright through the Ministry of Economy, you will be ensured that you have effectively protect intellectual property in UAE.  This legal practice will provide you with an assurance that your hard work is secured in this country. 

Copyright Registration

2. Patent Registration

Patent registration is another crucial legal method that you need to follow in order to protect intellectual property and patent law. The patent registration provides inventors with exclusive rights over their inventors. Protection of patent means that no one can manufacture, sell, or use your invention without your permission. 

This protection and registration is allowed for any invention that constitutes an innovative step or an improvement on an existing invention and has utility and industrial application in different fields of technology. The Ministry of Economy’s International Centre for Patent Registration (ICPR) serves itself as a designated entity that is responsible for the registration of patents in this country. You are required to apply to register the patent of your business through the official website of the Ministry of Economy’s International Centre for Patent Registration (ICPR) with the use of the online application portal that is available on the same website. 

With respect to pharmaceutical products,  the United Arab Emirates has resolved long-standing concerns of the industry by introducing Decree 321 in September 2020. This law provides you with effective protection against unfair commercial use, unauthorised disclosure of disclosure tests, or data generated in order to obtain marketing approvals for pharmaceutical products.

Patent protection is governed by Federal Law No. 11/2021 in this country. The law ensures the protection along with regulation of intellectual property in UAE.  Patents are crucial for investors and businesses because they grant exclusive rights to exploit innovative ideas in a commercial manner. 

 

3. Trademark registration

Last but not least, trademark registration is another critical legal process for businesses that are looking to protect intellectual property in UAE. There are numerous elements, like names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs, or any other marks or group of marks, that come under trademark. These elements serve as a unique mark that helps people to identify the products or services of the specific company. 

Trademark protection is governed by Federal Decree-Law No. 36/2021 on Trademarks in this country. This federal law offers a strong framework for registration, protection, and enforcement of trademarks. Trademarks help distinguish an organization’s products and services.

The process of registering a trademark in the UAE involves filing an application with the UAE Ministry of Finance. To register your trademark, you need to gather some documents, such as a trademark logo, a copy of a business license, an attorney’s letter, a letter of priority, a copy of the passport, and other relevant materials which have been added. After receiving the application, the trademark office will conduct deep research to ensure that your trademark is unique and not registered by other businesses. If not, you will get the trademark for ten years. Furthermore, you are also allowed to renew it for a further period of time.

Intellectual Property

How Flying Colour can help you

Flying Colour provides business owners with excellent business consultancy services. We can provide you with valuable suggestions that will help you to protect your intellectual property. Furthermore, we can additionally help you with patent, copyright, and trademark registration in this country.

To learn more about protecting intellectual property in UAE, book a free consultation with one of Flyingcolour team advisors, simply call +971 50 5585305 or send WhatsApp messages to +971 4 4542366. you can also drop an email to info (at) flyingcolour (dot) com.

*Please note that this article was published on 20/01/2024 by the federal policies and updates at the time of writing. For the latest info please talk to our consultant.

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