Enforcement of Intellectual Property Rights in the United Arab Emirates
Introduction: Enforcement of IP Rights in the United Arab Emirates
Intellectual property laws have been inherent to the UAE ever since the drafting of a set of IP laws in the 1990s. Preserving innovation is considered pivotal in the United Arab Emirates, with organizations and individuals striving to discover breakthroughs in various fields, day in and day out. As a country, the UAE has always incorporated strategic policies that safeguard intellectual pursuits and combat counterfeiting through developing a robust IP regime. Although the enforcement of the Intellectual Property regulations can differ between jurisdictions, there have been specific inter-governmental endeavors for synchronizing these laws with respect to global treaties like that of the World Trade Organization to meet international obligations.
What are Intellectual Property Rights?
Intellectual property rights are defined as ‘Legal Rights’, which are given to individuals over the unique creation of their minds. These rights give exclusive privileges to the creators for using their creativity for a specific purpose over a certain period of time.
With the UAE’s accession to WTO, some of the trade-related intellectual property rights of UAE have been made to comply with International Laws.
IP Enforcement in the Emirates
In the UAE, the enforcement of intellectual property law occurs within the framework of the Emirates. Generally speaking, enforcement of IP laws in the courts is a complex area of discussion. This is owing to the fact that UAE is devoid of specialist IP courts, and the jury may lack the skills required to competently resolve cases that entail certain technicalities. Having said that, there have been cases where foreign firms have enforced their rights in the courts of the UAE.
It needs to be noted that a certain amount of collaboration and cooperation at the inter-emirate level is a prerequisite to tackling issues such as seizing counterfeit goods. Additionally, the local authorities and regulatory officials view a brand's security as a significant aspect and have proactively taken measures to enforce intellectual property regulations. To achieve this, custom authorities and other trained officials have performed raids to fight against violators and counterfeiters.
The intervention of the Dubai Economic Department (DED)
The Dubai Economic Department has set up a web-based filing system that permits the trademark owners and holders of rights to transfer their registered trademark files into the electronic gateway so that it could be monitored for infringements. This system is serving as a great automated platform that not only secures the IP rights of firms and individuals but also paves the way towards replacing all manual procedures with smart systems to promote overall economic growth. After the system was launched, it was noted that there was a surge in the petitions received by DED. The result of this was the seizure of counterfeit goods sold online and in stores, imposing fines on violators, and closing down social media accounts of infringers. The UAE has also ceased production of the infringing products as well as suspended the trade licenses of the violating companies.
Apart from this initiative in the enforcement of IP laws, there has been significant involvement from the Dubai Police as well. In the UAE, infringement cases frequently occur in the realm of trademarks and copyrights. In early 2017, the police department lent its hand in fighting against infringing products that were worth more than $78 million. Such initiatives from the officials have given rise to the UAE making progress towards achieving the status of a nation that values innovation, as part of the UAE Vision 2021.
Conclusion
If you want to learn more about the enforcement of Intellectual Property Rights in the United Arab Emirates and how to protect your brand from potential infringers, feel free to contact our attorneys who would put together a top-notch strategy that will keep your IP under lock and key. Drop us a line on connect@abounaja.com or give us a call on +971 4 282 2677 to book your free consultation.
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