Intellectual Property Legislations
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Intellectual Property Legislations
Federal Decree-Law no. (38) of 2021 ON COPYRIGHTS AND NEIGBOURING RIGHTS
This Law aims to provide protection for authors and creators of original intellectual and creative works in various sectors. It directly contributes to supporting the digital economy and harmonizing the new Law with local and global developments in the digital environment. The provisions of the new Law serve as a stimulating environment for creators, innovators and authors of intellectual works in the traditional and new creative fields in a way that enhances the position of the UAE as a global destination for creativity, innovation and talent. The most prominent amendments to this Law include exceptions to the copyright rules to allow for copying and distribution of published works in accessible manner for people of determination with visual disabilities in accordance with the UAE’s accession to the Marrakesh Treaty, and the addition of an article providing for compensating the author or the right holder in case of infringement of his/her moral and financial rights in accordance with the general rules for the moral/financial damage to the right holder; as the previous law provided for fines and penalties to be imposed on infringers without referring to civil compensations for the author. This Law provides for the formation of a committee to consider the disputes and grievances related to the author's copyrights in order to protect the author from any infringement of his/her rights before resorting to the court, for the purpose of facilitating the procedures and expediting the settlement of disputes. Such committee shall consist of experts, and its decisions can be appealed in international courts. The new Law also raises the imposed penalties, which contributes to preventing violators from infringing on authors' rights.
Cabinet Decision No. 47/2022 On the Implementing Regulation of Federal Decree-Law No. 38/2021 on Copyrights and Neighbouring Rights
Federal Law No (11) of 2021 on the Regulation and Protection Of Industrial Property Rights
The Law aims to protect industrial property, regulate the procedures for its registration, use, exploitation and assignment in a way that ensures supporting knowledge and innovation in the country, and enhances the country’s competitiveness in the area of industrial property rights in accordance with international best practices. This Law also applies to patents, industrial designs, integrated circuits, undisclosed information, and utility models registered in the country, including the free zones. The provisions of this Law do not prejudice the stipulations of international agreements and conventions, to which the country is a party to, and in which foreigners enjoy the rights of citizens that are conferred by this Law, if such foreigners hold the nationality of a state that treats the country reciprocally.
قرار رقم ( 6 ) لسنة 2022 في شأن اللائحة التنفيذية للقانون الاتحادي رقم ( 11 ) في شأن تنظيم و حماية حقوق الملكية الصناعية
Federal Decree-Law no. (36) of 2021 ON TRADEMARKS
The Law aims to provide an integrated protection for trademarks and new mechanisms that enhance the effectiveness and efficiency of government operations , which accelerate the pace of adoption of emerging concepts and innovative methods, leading to a more competitive trademark and intellectual property system. The Law contributes to combating fraud and counterfeiting, preserving the rights of institutions, companies, and individuals, encouraging the entrepreneurs to transform creative ideas into successful projects in a way that contributes to the economic growth and upgrading the UAE’s competitiveness. This Law serves a wide range of segments of society and the business environment, including entrepreneurs, commercial projects and company owners within the country, foreign companies’ investors, investors in entertainment and cultural areas, registered agents, attorneys and legal service providers, and whoever concerned with the protection and registration of trademarks and prevention of trademark infringement. The most prominent provisions and amendments to this Law include the acceleration of the issuance of licenses and completion of government approvals and procedures, which enhances integration in the work of service providers and increases their contribution to SMEs, and determining the procedures for registering a trademark locally and internationally, providing it with protection and preventing and addressing infringement with deterrent penalties. It introduces an option to renew the trademark within 6 months after the expiry of the 10-year period and gives extension of another three months, if the provided justifications are acceptable to the Ministry of Economy.
Cabinet Decision No. 57/2022 On Executive Regulations of the Federal Decree- Law No. 36/2021 on Trademarks (beta)