Intellectual property, or “IP,” is the creation of intangible innovation created by individuals. These works could be designs, names, symbols, images, and a lot more. It is essential to safeguard the IP as per the law and give rights to the creator for his work so that they can make a profit monetarily or be recognised for their efforts in a protected way. The common types of intellectual property rights recognised in the United Arab Emirates (UAE) include:
1. Trademarks
2. Copyright
3. Patents
4. Protection of industrial designs
5. Confidential information
Intellectual property law in the UAE
The UAE has ratified several international treaties pertaining to the recognition and enforcement of intellectual property rights. These include the Paris Convention, which handles trademarks and patents; the Patent Cooperation Treaty; the WIPO Convention; the TRIPS agreement; and the Gulf Cooperation Council. One can protect and profit from his intellectual property by registering his rights, which include the ability to trademark his brand. You can also reassure customers that the products they are purchasing are guaranteed to be safe by doing this.
Your company can benefit from registering your intellectual property in the UAE in a number of ways, including the protection of your intellectual property rights and the avoidance of future legal disputes. By registering your intellectual property in the UAE, you and your company can acquire patent, copyright, or trademark protection from UAE government authorities against infringement or maltreatment.
Registering intellectual property in the UAE gives you:
1. IP rights from infringement
2. Safeguards your creative ideas
3. Protects your innovative work
4. Authorizes your licenses
5. A competitive advantage in the global market
Types of intellectual property
- Trademarks: Trademarks are the identifiers that distinguish one trader’s products or services from another. Trademarks could be words, logos, symbols, colors, sounds, and even smells. Due to the trademarks, clients can identify and choose products and services as per their choice. Swoosh for Nike and the Coca-Cola logo are the two relevant examples. The law that defines trademark rights in the UAE is Article 2 of Federal Law No. 36 of 2021.
- Copyrights: Any original work of authorship that has an expression and is protected is known as copyright. Copyrights could be a work of literature, a masterpiece of music, or any other creativity that gives the author the exclusive right to perform, exhibit, or provide a license for such works. Novels, art, music, movies, and software are a few examples of copyrights.
- Patents: A patent is a kind of intellectual property that gives its owner the exclusive right to develop, use, and market an invention. They are typically awarded for a 20-year term, starting on the day the application was submitted. Anyone who has created a unique, practical, and rare innovation is eligible to receive a patent. A wide range of inventions that fall under patent protection are methods, tools, designs, formulae, etc.
Penalties for Not Complying with the Intellectual Property Regulations in the UAE
In accordance with Article 39 of the Federal Decree-Law No. 38 of 2021 on Copyrights Law, any individual violating intellectual property rights or copyrights faces a maximum two-month jail sentence in addition to a fine of AED 100,000.
The same law also imposes imprisonment and a fine of up to AED 1 million for obtaining patents and trademarks through forgeries.
Compensation for the Owners of the Different Intellectual Properties in the UAE
Under Article 43 of the Federal Decree-Law No. 38 of 2021 on Copyrights Law, copyright owners can ask for compensation from the court in a situation where their moral or financial rights are infringed.
Under Article 48 of Federal Law No. 36 of 2021 on Trademarks Law, the owners of a trademark can claim compensation for infringement of statutory rights.
Patent and other industrial property owners may submit a claim for damages for violation of rights pursuant to Article 67 of Federal Law No. 11 of 2021 on Regulation and Protection of Industrial Property Rights.
Conclusion
When viewed broadly, intellectual property encourages advancement and creativity. If IP rights were not recognised and upheld, people would not be able to make money off their inventions or engage in more research and development. Additionally, expanding the business sector and significantly boosting economies depend on IP rights.
Talking about the UAE in particular, intellectual property rights comprise a broad legal framework that safeguards creative works, trademarks, and innovations. While copyrights safeguard literary, artistic, and scientific works, trademarks function to distinguish the products and services of various companies and create brand awareness. Patents grant exclusive rights to innovative ideas, enabling both economic and technical advancement. Because of its commitment to protecting intellectual property, the UAE encourages innovation, creativity, and cultural diversity, which benefits businesses and artists alike.
Author: Sohaib Khan – Head of Legal & Compliance
