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UAE Intellectual Property law news

In its endeavor to strengthen its position as an innovation-friendly business hub, the UAE has significantly revised its Intellectual Property (IP)

In its endeavor to strengthen its position as an innovation-friendly business hub, the UAE has significantly revised its Intellectual Property (IP) laws.

We summarize the most notable amendments for rights holders in relation to copyrights, industrial designs, patents and trademarks below.

  1. Copyrights

 

On January 2, 2022, the new Federal Decree-Law No. 38/2021 came into force; the Implementing Regulations are yet to follow.

The most significant changes are:

 

    • Work made for hire. The common-law concept of granting copyright directly to the employer and not to the creator is introduced, either by contract or de facto, according to the circumstances. Notably, this extends to architectural works as well.
    • Copyright does not prevail over privacy. Photographs depicting private persons cannot be perused without their consent.
    • Establishment of a Grievance Committee for Copyrights & Neighbouring Rights.
    • Increase in penalties for violations and infringements to AED 100,000 and for computer viruses from AED 100,000 to AED 1,000,000.
    • Voluntary withdrawal of works is not possible anymore for software.
    • Assignment of future rights: The former limit of just five works has been lifted. The exact new number is expected to be defined in the Regulations, but it will not be an unlimited transfer.
  1. Industrial Designs

 

On November 30, 2021, the new Federal Decree-Law No. 11/2021 came into force, followed by the Implementing Regulations (Cabinet Resolution No. 6/2022), which were issued on February 10, 2022.

The most significant changes are:

 

    • Designs are new only when not previously disclosed to the public. However, a 12-month grace period applies for pre-filing publications in the UAE.
    • The period of protection is increased to 20 years.
  1. Patents

 

On November 30, 2021, the new Federal Decree-Law No. 11/2021 came into force, followed by the Implementing Regulations (Cabinet Resolution No. 6/2022), which were issued on February 10, 2022.

The most significant changes are:

 

    • A utility certificate can be converted into a patent.
    • A 12-month grace period applies for pre-filing publications in the UAE.
    • The use of a new combination of two or more patented medicines by a licensed pharmacist is allowed.
    • An accelerated examination is introduced.
    • Integrated Circuit Layout Designs can be filed. The term of protection is 10 years.
  1. Trademarks

 

On January 2, 2022, the new Trademark Law (Federal Decree-Law No. 36/2021) came into force, followed by the Implementing Regulations (Cabinet Decision No. 57/2022), which were issued on June 7, 2022.

The most significant changes are:

 

While some details will still have to be clarified through the publication of additional regulations and the Ministry of Economy’s practice, it is evident that a number of welcomed and long-awaited steps have been taken to ensure that IP rights are better protected and enforceable.

If you have any questions, please contact:

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