Introduction
The United Arab Emirates stands at the forefront of protecting intellectual property (IP) through comprehensive laws and regulations. Understanding these legal frameworks is crucial for creators, innovators, and businesses aiming to safeguard their ideas and inventions.
Trademarks: Federal Decree Law No. 36 of 2021
In the UAE, a trademark includes any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks intended to set apart goods, products, or services.
Registering trademarks falls under the purview of the Ministry of Economy. As per the Federal Decree Law No. 36 of 2021, applicants applying for trademark registration can be UAE citizens, foreign individuals, natural, and artificial persons practising any commercial, industrial, professional or service business. They can file trademark registrations online via the Ministry’s portal.
The registration process involves furnishing essential documentation, including the trademark logo, a copy of the commercial license, a Power of Attorney, Copy of Passport, Priority Documents, and other specified attachments. Notably, the law emphasizes the protection of trademarks, affirming the voice accompanying a trademark as an integral part of its identity.
Copyrights: Federal Law No. 38 of 2021
Federal Law No. 38 of 2021 on Copyrights and Neighboring Rights fortifies the protection of intellectual works in the UAE. Covering a broad spectrum of any original work in the areas of literature, art, or science. According to Article 2 of this Federal Law-Decree, the authors of intellectual work shall be protected if their rights are violated in the UAE. The following intellectual works are protected under copyright law:
- Books, booklets, articles and other literature.
- Computer software, applications, databases, and similar works.
- Lectures, speeches, sermons, and other works of similar nature.
- Plays, musicals, and pantomimes.
- Musicals accompanied by dialogues and musicals which are not accompanied by dialogue.
- Audio and video works or audio-visual works.
- Architectural work, architectural plans, and drawings.
- Drawings, paintings, sculptures, etchings, lithography, screen printing, reliefs and intaglio prints and other similar works of fine art.
- Photographic work.
- Works of applied and plastic art.
- Charts, maps, plans, 3-D modelling for geographical and topographical applications and architectural designs etc.
Derivative works. The protection shall extend to the title of the work, if created, and the creative concept devised for broadcast material.
However according to Article 3, the law does not protect the owner of: Ideas, procedures, working methods, mathematical concepts, abstract principles and facts, except for the innovative expression of any of them.
- Official documents, regardless of their native language or the language translated to; such text includes laws, regulations, international resolutions and conventions, judicial rulings, arbitrators rulings, and decisions of administrative committees with jurisdiction.
- News.
- Works that have become common property.
However, clauses 2, 3, and 4 of this Article retain protection if their assembly, organization, or any associated effort demonstrates innovation. However, authors seeking enhanced protection can register their works through the Ministry of Economy’s online platform.
The duration of copyright protection, as per Article 20 of Federal Law No. 7 of 2002, extends to the life of the author plus 50 years, ensuring long-term safeguarding of their creative legacy. The economic rights pertaining to applied art works cease after a span of 25 years, commencing from the initial publication’s first day of the following calendar year.
Industrial Property: Federal Law No. 11 of 2021
Under the ambit of Federal Law No. 11 of 2021, the UAE’s industrial property law encompasses patents, utility certificates, industrial designs, undisclosed information, and integrated circuits.
Patents
Patents safeguard new inventions that are industrially applicable. The eligibility criteria encompass novelty, inventive step, and industrial applicability, granting a 20-year protection period from the date of application.
A patent is ineligible for inventions or creations falling within these categories:
- Discoveries of new plant or animal species and biological methods of animal or plant production, excluding scientific methods in microbiology and microbiological products.
- Human or animal diagnostic, treatment, or surgical methods.
- Scientific principles, discoveries, theories, and mathematical methods.
- Business strategies, plans, or techniques, as well as purely mental activities.
- Natural materials, except for methods related to their extraction or purification.
- Inventions that contravene public order or morals, or pose risks to human life, health, or the environment upon utilization.
Utility Certificates:
It provides protection for new inventions which are industrially applicable but not creative enough to be granted a patent, utility certificates are valid for 10 years, subject to similar stringent criteria as patents.
Utility certificates are not eligible for inventions and creations of:
- Discoveries of new plant or animal species, and biological methods of animal or plant production, except scientific methods of microbiology and microbiological products.
- Human or animal diagnosis, treatment, or surgical methods.
- Scientific principles, discoveries, theories, and mathematical methods.
- Rules, plans and modalities used in doing business or purely mental activities.
- Natural materials, except the method used for their extraction or purification.
- Inventions that violate public order or morals, or harm human life, health, or the environment, when they are used.
Industrial Designs:
An industrial design refers to any decorative or artistic composition, whether in two or three dimensions, intended for use in an industrial or artisanal product.
Eligibility for obtaining industrial designs rests on specific criteria:
- Novelty: The design must be original and distinct.
- Compliance: It must not contravene public order or moral standards. The validity period of industrial designs spans 20 years, commencing either from the application date or the international filing date, providing extensive protection for the design’s integrity and exclusivity.
Integrated Circuits:
The layout design of integrated circuits constitutes a product in its final or intermediate phase, comprising components (with at least one being an active element) mounted on an insulating material. This arrangement forms a complete entity with some or all of the connections, aimed at achieving a specific electrical function.
The validity period for a layout design of integrated circuits extends for 10 years. This duration initiates either from the date of application or from the date of the initial commercial exploitation, whether within the country or abroad, whichever occurs earlier, ensuring comprehensive protection for the layout design. Regarding industrial property registration, the Ministry of Economy’s Innovation and Industrial Property Development Department shoulders the responsibility of registering all industrial property rights specified by the law. This includes overseeing the registration process, ensuring compliance, and providing a platform for securing these rights within the UAE.
Embracing Protection: Ministry’s eServices
The Ministry of Economy’s eServices play a pivotal role in facilitating the application process for trademarks, patents, and industrial designs. By leveraging these online services, individuals and businesses can seamlessly navigate the registration process, ensuring the robust protection of their intellectual creations within the UAE.
Conclusion
Comprehending the intricacies of intellectual property laws in the UAE is essential for individuals, businesses, and innovators seeking to protect their creations and innovations. These legal frameworks not only safeguard intellectual assets but also foster an environment conducive to innovation, creativity, and economic growth. Navigating this landscape requires a deep understanding of the specific laws governing trademarks, copyrights, and industrial property in the UAE. For tailored legal guidance specific to your situation and precise advice on UAE’s intellectual property regulations, it’s highly advisable to seek consultation from specialized legal experts. In a global landscape fueled by innovation, the protection of intellectual property stands as a cornerstone for fostering a thriving ecosystem of creativity, entrepreneurship, and progress.
Our dedicated team at Dar Al Haqooq Legal Consultancy is available to assist with any inquiries or issues related to IP law. Feel free to reach out to us at help@daralhaqooq.com for solutions to your concerns or questions in this field. In a global landscape fueled by innovation, the protection of intellectual property stands as a cornerstone for fostering a thriving ecosystem of creativity, entrepreneurship, and progress.