LEASING OF INTELLECTUAL PROPERTY

The UAE is a member of the top international organization dealing in intellectual property rights protection. The UAE, in particular, is a member of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). Furthermore, it is a contracting party to the many intellectual property agreements, including the Paris Convention for the Protection of Industrial Property (“Paris Convention”), the Patent Cooperation Treaty (“PCT”), the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”), the Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations, the WIPO Performances and Phonograms Treaty, and the WIPO World Copyright Treaty. 

The United Arab Emirates has adopted a variety of intellectual property laws governing patents, trademarks, and copyrights. The UAE has enacted a number of intellectual property laws regulating patents, trademarks, and copyrights. Notably, patents in the UAE can be guarded by either registering the patent with the UAE patent office or filing a patent application with the Gulf Cooperation Council Patent Office. The United Arab Emirates has wide patent coverage, including equipment, manufacturing methods, chemical compounds, and pharmacological formulations. Furthermore, since it is a member of the Paris Convention, an inventor or owner of other forms of industrial property may claim convention primacy.

The UAE’s intellectual property legislation include the Patents and Industrial Design Law number 44 of 1992, the Trademarks Law number 37 of 1992, and the Copyright and Neighbouring Rights Law number 40 of 1992.

Federal Law Number 44, enacted in 1992, dealing to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs, was repealed in 2002 by Federal Law Number 17, which was then revised by Federal Law Number 31 in 2006. (The Law). According to the law, the Ministry grants patents to any novel invention that emerges from an inventive idea or step, provided that such notion is of industrial use. The patents law of UAE provides that a patent is valid for a term of 20 years.

Trademarks in the United Arab Emirates are controlled and protected in accord with Federal Law Number 19 for the year 2000 and Federal Law Number 8 for the year 2002, which incorporate international agreements’ criteria.

PROCEDURE:

1. Application for Registration of Trademark
2. Publication in Trademark Journal: The Registrar publishes accepted applications in the Trademark Journal and two local Arabic newspapers.
3. Opposition by Interested Parties: Any interested party may file an opposition within 30 days. The Registrar’s judgement on such claim may be appealed to the Trademark Office’s Committee, and the Committee’s decision may be appealed to the relevant court. In the absence of an opposition, the published trademark is registered, and the registration certificate is issued.

NOTE: The trademark registration process in the United Arab Emirates usually takes 4-5 months.

Legallands LLP provides the most accomplished Intellectual Property services to Individuals and Companies. We also assist in checking compliances and requirements with the authorities for the IPRs and obtainment of the same anywhere in the world.