Trade Mark

Filing Requirements

1. Full Name and address of the applicant

2. A power of attorney executed by the applicant duly notarized by the Notary Public and legalized up to the UAE consulate. The Power of Attorney should be submitted along with the trademark application.

3. A list of goods/services to be covered by the application.

4. Soft copy (electronic copy) of the mark to be registered.

5. A certified copy of the priority application, if priority is claimed (claiming priority can be made only within 6 months from the first filing date in a member state under Paris Convention).

 
Certification Marks

1. Full Name and address of the applicant

2. A Power of Attorney executed by the applicant duly notarized and legalized up to the UAE Consulate. The Power of Attorney should be submitted along with the trademark application.

3. A certified and legalized copy of Article of Incorporation along with the amendments made thereto.

4. The list of goods/ services that will be covered under this certification mark.

5. Soft copy (electronic copy) of the mark to be registered.

6. Information about the authorized users of the mark, it should be by listing all the pre-approved companies/individuals/associations that are allowed to use your logo on their products. This will include specifically the name and the address of the users.

7. The procedures and methodology your client will undertake whenever there is a new potential user for the certification mark, this will be in a form of checklist, policies, procedures, inspection plan…etc. that your client will have to do before approving the new member to start using the trademark. A

8. A certified copy of the application filed for the mark, in case of claiming priority.  (claiming priority can be made only within 6 months from the first filing date in a member state under Paris Convention).

Quality Control Mark Applications

1. A Power of Attorney executed by the applicant duly notarized and legalized up to the UAE Consulate. It is necessary to submit the legalized Power of Attorney at the time of filing the application. 

2. Certified and legalized copies of the articles of incorporation of the legal persons who take care of the quality control and testing stating the amendments that have been made to the regulations.

Renewal of Trademark/Service Mark Registrations

1. A Power of Attorney duly notarized & legalized up to the Consulate of the UAE. (In case we are not the attorney of record at the UAE Trademark Office).

Assignment Applications

1. A Power of Attorney executed by the assignee and duly legalized up to the Consulate of the UAE.

2. A duly notarized & legalized deed of assignment executed by both parties.

3. A simple copy of the registration certificate of the mark. (If the same is not in our files).

Registered User/License Applications

1. A Power of Attorney in the name of the licensee duly legalized up to the Consulate of the UAE.

2. A legalized copy of the license agreement executed by both parties

3. A simple copy of the registration certificate of the mark. (If the same is not in our office).

Change of Name/Address Applications

1. A Power of Attorney in the new name and/or address duly notarized & legalized up to the Consulate of the UAE.

2. A legalized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile.

3. A simple copy of the registration certificate of the mark. (If the same is not in our files).


Agency Agreements

1. A Power of Attorney duly notarized & legalized up to the Consulate of the UAE.

Notes:

1. The originals have to be shown for checking when submitting the application.

2. The application is to be submitted in two copies each one in a separate file.

3. For companies:

a) All that was mentioned above in No. 2 and extracts of entries for all the partners or certificates from the Migration, Nationality and Passports Department stating that they are nationals.
 

b) Two copies of the Memorandum of Association and Articles of Incorporation duly legalized.

 

2. For individual merchants, two copies of the following:

a. The commercial permit.
b. The entry in the commercial register.
c. The commercial agency agreement duly legalized up to the Consulate of the UAE.
d. The Arabic translation duly notarized, if the agency contract is not in Arabic.
e. The agent’s entry or identification card.
f. The Powers of Attorney duly notarized.
g. Two copies of the declaration.

 

3. A certified copy of the home/foreign application/registration, if priority is claimed.

3. The Minister’s approval to the registration of the mark. This will be obtained at our end.

4. Two copies of the list of goods to which the mark is used for the testing measures mentioning their specifications and quality.

5. A list of the persons who are going to use the mark.

6. Two copies of the rules, which the applicant follows in quality control and testing measures stating the amendment’s made thereto. It is possible to amend the rules of use after filing.

7. Twenty prints of the mark to be registered. (Size 6cm×6cm)

8. A list of the goods or services to be covered. 

9. A legalized copy of the application filed for the mark, in case of claiming priority.

10. Meaning of the mark, if any or its origin.

11. A copy of the certificate of registration of the trademark. (If the same is not in our files).

 

FAQ

 

1) Can a part of the registered mark be used Separately?

No, protection of the mark is granted to the shape in which it is registered.

2) How can we obtain the maximum protection in a particular class?

Trademark application covering the class heading will provide the applicants with a maximum possible protection, and will be treated as covering all the goods/ services within the class.

3) Do the charges differ based on the number of items included in the list of goods/services?

No.

4) Is filing a multiclass application possible in UAE?

No. Separate application should be filed for each class.

5) Is it possible to claim priority in UAE under the Paris convention?

Yes, within six months of the filing date of the priority application.

6) Is it necessary to legalize the Power of Attorney?
Yes. The Power of Attorney should be legalized up to the UAE consulate in the applicant’s country.

7) What are the two types of attestation of Power of Attorney?
The legalized Power of attorney should further be locally attested here in UAE by the Ministry of foreign affairs before submitting to the trademark office. The charges for attestation vary according to the amount charged by the UAE consulate in the applicant’s country. If the UAE consulate in the applicant’s country charges the applicant with USD 600 for legalization, then here in UAE the ministry of foreign affairs will   charge us with USD 75   and vice versa.

8) What is the alternative, if there is no UAE consulate in the applicant’s country?
If there is no UAE consulate in the applicant’s country, then the Power of Attorney can be legalized up to the consulate of any other Arab Country (e.g. Saudi Arabia). In this case, we will send this power of attorney to Saudi Arabia to get is super legalized by the Ministry of foreign affairs of Saudi Arabia.

Later, upon receipt of this power of attorney, we will get it legalized by the Saudi Arabian consulate in UAE and then arrange for the local attestation by UAE Ministry of Foreign Affairs which is obligatory in order to complete the full legalization requirements of the Trademark office.

9) Late submission of documents is possible in UAE?

Late submission of the power of attorney is no longer possible in UAE. The original legalized power of attorney should be submitted along with the trademark applications. However, the original certified copy of the priority document can be submitted with the late submission charges.

10) Is it necessary to legalize the Priority document?

No. A certified copy is sufficient.

11) Can bar services & night club services be registered in the United Arab Emirates?

No. Bar & night club services are not applicable in the UAE.

12) Is class 33 (Alcoholic drinks) applicable in UAE?

Class 33 is not applicable according to the Law. However, class 32 for non-alcoholic drinks can be the alternative option.

13) Is it possible to register a mark for Pork meat in UAE?

No. Pork meet is not allowed to be registered

14) Can Retail & Wholesale services be registered in UAE?
No. such services can be replaced by using the phrase “the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods namely …… (name of goods) ………
15) Is it possible to file a Trademark with the Geographical indication?

Yes, however, the applicant should submit evidence proving the relationship between this specific Geographical location and the origin of goods or applicant.
Moreover, in most cases the Registrar will request a disclaimer to the GI if used separately and the protection will be granted to the mark as a whole.

16) Will the protection in UAE extends to the seven Emirates?
Yes. United Arab Emirates is a union of seven Emirates and filing a trademark application will cover all these seven Emirates namely Abu Dhabi, Dubai, Sharjah, Ajman, Umu-Al-Quwain, Fujairah & Ras-Alkhaimah.
17) Is Prior Use of a Mark compulsory in UAE?
No.
18) Can a third party file a cancellation action on the basis of Non use of the mark?

Yes. as per the UAE Law, a concerned civil court shall, on a request from any interested party, may order the cancellation of Trademark registration if it is proven that the trademark has not been seriously used for five consecutive years unless the owner of the trademark proves that non-use was for reasons beyond his control such Import restrictions and other governmental procedures that are imposed of goods and services distinguished by the Trademark..

19) Did UAE adopt the nice classification; if yes, which edition?

Yes. 10th Edition of Nice classification.

20) Applicant’s details (Name & Address) mentioned in the Power of attorney should match to the details mentioned in the Application?

The details that are mentioned in the Power of attorney should conform to the details mentioned in the application.

21) Can series of marks be filed in UAE?

Yes. A series of mark can be filed in UAE as a normal trademark at the same charges.

22) Is it possible to file a single application covering all the GCC countries including UAE?

Not possible. A separate national application should be filed for each country.

23) Is Joint applicants possible in UAE?

Yes, It is possible provided that the Power of Attorney is signed by all applicants, notarized and legalized up to the UAE Consulate.

24) Is it possible to amend a filed/registered trademark?

It is possible to amend a pending trademark application in the UAE, however, minor amendment is possible on a registered mark.

25) Is it possible to file a slogan in UAE?

Yes. Slogan can be filed and treated as a trademark.

26) Is Trademark Marking compulsory in UAE

No.

27) When can we use “™” & “®” with the trademark? Can it be registered with trademark?

TM can only be used when the mark is under the process of registration after filing whereas ® can be used for registered marks and the final registration certificate is issued. No, the marking should not be included in the application.

28) What is the validity of the trademark registration?

10 years; subject for renewal upon expiry.

29) What is the expected timeframe for filing a trademark up to registration?

8 to 12 months.

30) What is the duration of each process (filing, publication & registration)

Upon receiving the instructions, we can file the application (s) within a maximum of 48 hours. The examination by the Trademark Office might occur within 4 to 6 months depending on the backlog at the trademark office and upon receiving the notice of acceptance, we have 30 days to publish the application. Once published, the opposition period ends after thirty days. Finally, the application is ready to be registered and the registration certificate might take two to three months to be issued.

31) Translation / Transliteration of a mark can be registered together?

Yes. It can be registered provided that both marks are used together; otherwise, It is recommended to file separate applications for the maximum possible protection for the marks in the UAE.

32) If an application is refused what actions are issued by the Registrar?

An appeal should be filed against the registrar decision within the non-extendible deadline (30 days), otherwise, the application will be cancelled at the Trademark Office automatically.

33) What is the usual deadline for responding to Official Actions?

The deadline for responding to the official action (primary examination notice) is 100 days.

34) Are extensions possible?

No. not possible.

35) What is the usual time frame of an extension?

Not applicable.

36) Can a letter of consent overcome an objection on relative grounds?

Usually the examiner accepts the letter of consent, however, the same should be legalized up to the UAE Consulate.

37) Are there any restoration provisions?

Restoration of the cancelled mark is not acceptable; but it is possible to re-file the mark.

 

Summary

The United Arab Emirates (UAE) has been a member of the Paris Convention for the Protection of Industrial Property since September 19, 1996. The International Classification of Goods and Services for the Purpose of the Registration of Marks under the Nice Agreement (10th edition) is followed in the UAE.

Federal Law No. 8 for the year 2002 amended some articles of the Federal Law No. 37 for the year 1992. The law covers the seven Emirates of Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain. A separate application has to be filed with respect to each class of goods or services. A certified translation of the trademark is to be submitted as well.

Once a trademark application is filed, it is examined as to its registrability. Trademark applications accepted by the Registrar are published in the Trademark Journal as well as in two local daily Arabic newspapers and the cuttings of the notices are to be submitted to the Trademark Office. Any interested party may file a notice of opposition to the registration of the mark within 30 days from the date of any publication. The Registrar’s decision concerning the opposition may be appealed to the Committee and the Committee’s decision to the competent court. In the absence of opposition, a trademark is registered and the relative certificate of registration is issued.

According to Decree No. 12 for 2002 issued by the Ministry of Trade and Commerce on February 3, 2002, payment of registration fees should be made within 30 days from the date of expiry of the opposition period or the date of receiving a decision from the Trademark Office regarding an opposition (if any). Based on this, our invoice covering registration charges will be issued at the filing stage in order to attend the payment of the official fees to the Trademark Office.

A trademark registration is valid for 10 years as of the date of filing the application renewable for similar periods. The renewal fees of a trademark registration can be paid during the final year of the protection period.

A grace period of 3 months is allowed for late renewal with a fine. The renewal of a trademark is also published in the Trademark Journal and in two local daily Arabic newspapers. The ownership of a registered trademark can be assigned with or without the goodwill of the commercial enterprise. Unless an assignment has been recorded in the register and published in the Trademark Journal, the assignment shall have no effect vis-à-vis third parties. Changes in the name and/or address of the registrant must be recorded in order to protect rights. Registered user agreements, license and amendments which do not affect the identity of the mark substantially, limitation of the list of goods and/or services covered by a trademark registration can be recorded as well.

Use of a trademark is not compulsory for filing application for registration or for maintaining the registration in force. However, any interested party may request the court to cancel a trademark registration, if the owner fails to use such a trademark in the UAE for 5 consecutive years from the date of registration.

Illegal and/or unauthorized use of a registered trademark by any third party, use of a fake or counterfeit trade/service mark, application to one’s goods a registered trademark belonging to another party in bad faith, dealing in goods bearing a fake or counterfeit trademark, rendering services under a fake or counterfeit service mark, and use of a trademark that falls under certain categories of unregistrable marks are offenses punishable under the law in the UAE.

UAE IP Procedures & Filling Requirements

Patent

Filing Requirements

1. A Power of Attorney duly legalized up to the UAE Consulate.

2. A duly legalized extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate.

3. One copy of the English specification and claims together with its Arabic translation.

4. One set of the drawings relating to the invention, if any.

5. An abstract of the invention of no more than 200 words, together with the best explanatory diagram.

6. A duly legalized deed of assignment signed by the inventor, if the applicant is not the inventor.

7. A certified copy of the application giving the filing date, number and country if the application is to be filed with a priority claim.

Note: Please note that the documents in item (3, 4 and 5) should be submitted at the Patent Office on the filing date of the application, while documents in items (1, 2, 6 and 7) can be submitted within 90 days (strictly non-extendible) from the filing date of the patent application.

For PCT applications entering the national phase in the UAE, a copy of the PCT international publication search and examination reports must be submitted with the application.

Assignment Applications

1. A Power of Attorney executed by the assignee and duly legalized up to the Consulate of the UAE.

2. A duly legalized deed of assignment executed by both parties.

3. A duly legalized Certificate of Incorporation of the assignee.

Registered User/License Agreement Applications

1. A Power of Attorney executed by the licensee and duly legalized up to the Consulate of the UAE.

2. A duly legalized license agreement executed by both parties. 

 
Change of Name/Address Applications

1. A Power of Attorney in the new name and/or address duly legalized up to the Consulate of the UAE.

2. A legalized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile.

Agency Agreements

1. A Power of Attorney legalized up to the Consulate of the UAE.

2. For individual merchants, two copies of the following:

a. The commercial permit.
b. The entry in the commercial register.
c. The commercial agency agreement duly legalized up to the Consulate of the UAE.
d. The Arabic translation duly notarized, if the agency contract is not in Arabic.
e. The agent’s entry or identification card.
f. The Powers of Attorney duly notarized.
g. Two copies of the declaration.

Notes:

1. The originals have to be shown for checking when submitting the application.
2. The application is to be submitted in two copies each one in a separate file.
3. For companies:

a. All that was mentioned above in No. 2 and extracts of entries for all the partners or certificates from the Migration, Nationality and Passports Department stating that they are nationals.

b. Two copies of the Memorandum of Association and Articles of Incorporation duly legalized.

 

FAQ

P1: Does filing a patent application in UAE provide protection in all Gulf countries?

No, filing a patent application in UAE will provide protection in seven emirates namely Abu Dhabi, Dubai, Sharjah, Fujairah, Ras-Al-khaimah, Umm-Al-Quwain and Ajman.

P2: What is not patentable in UAE?

According to UAE Patent Law Article No. 6(1) No letters patent or utility certificate shall be issued for the following:

a. Plant varieties, animal species, or biological methods of producing plants or animals. Exceptions shall be allowed for the microbiological methods and their products.
b. Diagnostic methods, treatments, and surgical operations needed for humans and animals.
c. Scientific and Mathematical principles, discoveries and methods.
d. Guides, rules or methods followed to conduct business or perform mental activities or play games.
e. Invention that may lead to violation of the public order or morals.

P3: Are utility models granted protection in UAE under the Current Law?

Yes and the protection period is 10 years from the filing date of the application.

P4: Is there a novelty requirement? Is it local or worldwide?

Yes, worldwide novelty is required.

P5: Is the patent protection available for software alone, or must the software be combined with the hardware?

No, unless it is combined with any hardware that does not operate without the software.

P6: Can a registration be obtained for pharmaceutical products?

Yes.

P7: Is deposition of the biological material/chemical product required by the UAE Patent Office?

No.

P8: Is it possible to file an application without Arabic translation?

No, according to the requirement of patent law it is mandatory to submit the application in both English and Arabic languages.

P9: What are the supporting documents required for filing an application?

- Power of attorney from the applicant duly legalized from the UAE consulate
- Deed of assignment from the applicant dully legalized from the UAE Consulate
- Certificate of incorporation or extract from the applicant duly legalized from the UAE consulate
- Certified copy of the priority document.

P10: What is certificate of incorporation? Is it possible to submit Articles of Association instead of certificate of incorporation for Universities and Governmental entities?

Certificate of Incorporation is an official document which attests the legal existence of the company issued by a competent authority in the applicant’s country or an extract from the commercial register.

Yes, it is possible to submit the Articles of Association for Universities and Government entities and the document should be duly legalized by the UAE consulate.

P11: Is it possible to submit assignment of priority application instead of fresh deed of assignment?

Yes, we can submit an assignment of the priority application as an alternative to the deed of assignment provided that the said document assigns inventor’s right worldwide. In case more than one priority is claimed for the corresponding UAE application then an assignment of each priority is required.

P12: Is late filing of supporting documents possible?

The supporting documents can be submitted while filing the application or within 90 days from the national filing date. No extension is allowed as per the law.

P13: What effects will non-submission of supporting documents will have on the UAE application?

Non-submission of documents within the 90 days grace period will result in irrevocable lapse of the application.

P14: Will Patent Office accept supporting documents legalized by a Consulate other than UAE Consulate?

No, according to the requirements of the UAE Patent Office documents should be legalized from the UAE consulate.

However, if the documents are legalized from any other consulate further super legalization of the documents is required up to the UAE Consulate. Direct legalization is recommended for time and cost effects.

P15: Is Local attestation required of the documents for patent, design and utility applications?

No, local attestation is not required for the supporting documents of the above mentioned applications.

P16: What are the charges for legalization?

The charges for legalization vary from country to country where the legalization is carried out.

P17: Is it required to legalize the priority document?

No, certified copy of the priority document is required for application filed claiming any foreign priority for non PCT applications.

P18: Is it required to submit a certified copy of the priority document for PCT applications?

No.

P19: When will the annuities be due for patent application in UAE?

Annuities are due on the anniversary of international filing date for PCT national phase application and on the anniversary of the national filing date for non PCT application (priority and non priority application)

P20: Are annuities payable only after grant of the Patent?

No. They should be timely settled throughout the term of the patent in UAE starting from the next year of filing the application or from the PCT filing date.

P21: Is there any grace period for the payment of annuity?

Yes, Annuity should be paid within 6 months from the due date. First three months without surcharge and latter three months with surcharge.

P22: Is extension allowed beyond six months grace period for payment of annuity? Any exceptions allowed?

Non-payment of annuity within the above mentioned grace period will result in irrevocable lapse of the application. No exceptions are allowed.

P23: Is it possible to pay the maintenance fees all at once?

Yes, it is possible to pay the annual fees in advance for the entire term till the end of the protection period or in parts thereof.

P24: Does Patent Office send notifications for due/lapsed annuities?

No. The same has to be monitored by client’s agent or annuity service.

P25: Can a patent search be conducted in UAE?

Official search from the Patent Office is not possible. However, we conduct searches from our internal database among published applications.

P26: Can convention priority be claimed “Paris Convention.”?

Yes, within12 months from the date of first filing of the priority application.

P27: Is it possible to enter national phase of PCT application?

Yes, within 30 months from the earliest priority date.

P28: Is it possible to file patent application after the expiry of the deadline of 30 months for PCT national phase or 12 months for priority application?

No and grace period is also not allowed after the expiry of the deadline.

P29: What is the term of protection of a patent and from which date is it calculated? Can it be extended?

Twenty (20) years starting from the UAE filing date, (in case of PCT, starting from the PCT filing date). The term of protection is non-extendable.

P30: Are exclusive marketing rights or anything similar awarded to pharmaceutical patents in UAE?

No. They are treated like any other patents of other fields.

P31: Is a secret form of filing a model/design permitted?

No.

P32: Is Electronic filing possible for filing patent application in UAE?

No.

P33: Does the Patent Office publish the patent applications in the Official Gazette?

Yes, accepted patents are published in the Industrial Property Journal.

P34: Is it possible to obtain the status of the application from the Patent Office?

Yes, but only valid and non valid status enquiry is possible.

P35: Must assignments be recorded within a certain period?

No.

P36: Can the specifications or claims be amended after filing the application?

Yes, but before the application reaches examination stage.

P37: Is working of the invention an official requirement to keep protection in force?

Yes, within 3 years from the grant date.

P38: Is it possible to record a license or registered user as per the patent law?

Yes.

P39: What are the conditions that might lead to a compulsory license?

As per Article 24(1) of the UAE Patent Law, following conditions will result in compulsory licensing:

a) The non-working period of patent at least three years since the issuance of the letters patent has passed.
b) If appropriate efforts have been put up by the interested party to obtain the license at a reasonable price and under reasonable commercial conditions.
c) If the patentee is unable to meet the basic requirement of the masses.

Summary

The United Arab Emirates Patent Law

Federal Law No. 44 for the year 1992 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs was replaced by Federal Law No. 17 for the year 2002 and later amended by the Federal law 31 for the year 2006. As per the last issued law, protection period for patent is 20 years and for Utility Certificate is 10 years. No extension of this term is allowed in the UAE.

A patent granted under the Federal law of the United Arab Emirates provides protection in the seven emirates namely Abu Dhabi, Dubai, Sharjah, Fujairah, Ras-Al-khaimah, Umm-Al-Quwain and Ajman.

UAE is a member of a number of international bodies, namely:

v WIPO Convention, since September 1974.
v Paris Convention (Industrial Property), since September 1996.
v PCT (Patents), since March 1999.
v WTO: Member and Signatory to TRIPS Agreement, since April 1996.
v Gulf Cooperation Council (GCC), effective November 1998.

The United Arab Emirates is covered under the Gulf Cooperation Council (GCC) which also covers IP protection in Kingdom of Saudi Arabia, Kingdom of Bahrain, Sultanate of Oman, State of Qatar and State of Kuwait.

Patents are granted in UAE if the applications meet the criteria of Novelty, Inventive Concept (also known as Non-obviousness) and Industrial applicability.

NOVELTY: Although the UAE Patent law does not have any stipulation of novelty except the mention of “new”, the implementing regulations require the administration to examine the patent as to the new invention has no precedence in the industrial prior art which means that the invention was not disclosed to public anywhere at any time whether by written, oral disclosure or by use or any other method which allows the understanding of the invention.

INDUSTRIAL APPLICABILITY: The invention can be used on an industrial level.

NON- OBVIOUSNESS: The invention should have technical development which is not obvious to any skilled person related to field of technology to which the invention belongs.

All patent applications filed at the UAE Patent Office are subject to substantive examination and are bound to meet the above mentioned patentability criteria for receiving acceptance by the Patent Office.

The examination of Patents is conducted by the Austrian Patent Office through a special agreement between them and the UAE Patent office and a request for examination is possible only after receiving notification from the UAE patent office informing that the application has reached the examination stage.

The administration shall notify the applicant should the application be rejected and the applicant may file a petition to the competent committee within a period of 60 days as of the date of notification.

Upon the decision of the Minister of Economy for accepted applications, the letters patent and utility certificates shall be issued and published in the Industrial Property Journal.

Any interested party may file an objection thereon to the competent committee within a period of 60 days from the date of publication. The letters patent or the utility certificate shall be issued to the applicant if no objection has been filed during the specified period.

According to the UAE Patent Law, annual maintenance fees are due on the anniversary of the International filing date for the national phase of PCT applications and on the anniversary of the national filing date for non-PCT applications (including both priority and non-priority applications). The annuities can be settled within three months from the due date without any consequences and an extension of another three months is allowed for settling the due annuities with a surcharge.

The right to a patent may be assigned or licensed. An assignment shall have no effect against third parties, unless it has been recorded at the Patent Office and published in the Industrial Property Journal.

Working of patents in the UAE is an official requirement. If the owner of a patented invention does not satisfy the stipulated working requirements within 3 years from the issuance of the letters patent, or the owner refuses to license it under a contract of fair terms, the patent will be subject to compulsory licensing under the provisions of the law.

Technical know-how is protected from any unauthorized use, breach or disclosure. Infringement of the owner’s rights is punishable under the provisions of the law.
 

Designs

Filing Requirements

 

Design Applications

1. Complete details (Name, address and nationality) of the applicant and designer.

2- Title of the invention or design

3. A Power of Attorney duly legalized up to the UAE Consulate.

4. A duly legalized extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate.

5. One copy of the model or design, if it is two-dimensional or one copy of each view thereof, if it is three-dimensional.

6. A duly legalized deed of assignment signed by the inventor, if the applicant is not the inventor.

7. A certified copy of the priority document, if it is to be claimed. 

Note: Please note that the information / documents in item 1,2 and 5 should be submitted at the Patent Office on the filing date of the application, while documents in items (3 , 4, 6 and 7) can be submitted within 90 days (strictly non-extendible) from the filing date of the design applications.

It is worth mentioning that the Patent Office in the UAE is only accepting applications. Examination of filed design applications has yet to start, and therefore, no designs have been granted yet.

Assignment Applications

1. A Power of Attorney executed by the assignee and duly legalized up to the Consulate of the UAE.

2. A duly legalized deed of assignment executed by both parties.

3. A duly legalized Certificate of Incorporation of the assignee.

Registered User/License Agreement Applications

1. A Power of Attorney executed by the licensee and duly legalized up to the Consulate of the UAE.

2. A duly legalized license agreement executed by both parties.

Change of Name/Address Applications

1. A Power of Attorney in the new name and/or address duly legalized up to the Consulate of the UAE.

2. A legalized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile.

FAQ

D1: Are designs registrable in your country?
Yes.

D2: Should the design application be filed under the form of drawings and/or photographs, the size thereof and the number of views?
Drawings or photographs, (2 dimensional – 2 copies) (3 dimensional - 2 copies of each side) Maximum size (10 cm. X 20 cm.) each placed on an A4

D3: What are the novelty requirements for a design application to be valid?
Absolute worldwide novelty is required.

D4: Can convention priority be claimed in your country? (Paris Convention).
Yes.

D5: Does your country use the international classification?
No.

D6: Is the assignment of the creator compulsory for a design application?
Yes.

D7: Is there any deadline to apply for the publication of a secret filing of a model/design?
There is no provisions regarding secret filing in the UAE Law.

D8: Are there any special advantages in filing a model or a design in a secret form?
Not applicable.

D9: Is it possible to file more than one design/model in the same application? If yes, are there any advantages in doing so?
No.

D10: What is the term of protection of a model or design in your country? Can this term be extended?
5 Years, Renewable twice consecutively.

D11: Is use required to maintain a registration of a model or design in your country?
Yes.

D12: Are designs/models protected by copyright law as well?
Yes.

D13: Are there provisions in your law to oppose a model/design registration?
No.

D14: Is it possible to apply for cancellation of a model/design filed in a secret form?
No designs nor patents are to be filed in secret form.

Summary

The UAE Patent Office has started the examination of the design applications filed during the period 1998 - 2005. Accepted design applications will be published in the Official Gazette shortly.

A design or industrial model registration is valid for 10 years.

The payment of annuities can be made on or before the due date at any time and for any number of years, however, annuities can still be paid during the 3 months after the due date without a late payment fee and another 3 months with a late payment fee, (the total grace period is 6 months).

Copy Rights

Filing Requirements

 

1. A Power of Attorney in the name of the applicant(s), legalized up to the UAE Consulate. (If the applicant is in the UAE, a notarized Power will be sufficient).

2. The name of the author, or authors in case of joint-works.

3. Identification documents of the applicant.

4. The subject of the work.

5. Three copies of the work.

6. A detailed statement of the work’s specifications.

 

FAQ

C1: Is copyright protected in your country?
Yes.

C2: What types of items are protected by copyright law in your country?
The following Intellectual works:

i- books, booklets and other written matters
ii- works given verbally as lectures, speeches and sermons
iii- dramatic plays and musical plays
d- musical works whether accompanied by words or not
e- the works of designing eurythmics and pantomime
f- photography works
g- cinema, television and broadcasting work, and creative audio visual works, and computer programs
h- works of applied arts whether handicraft or industrial
ix- works of drawing and painting with lines or colors, architecture, sculpture, decorative arts engraving, designs, geographical and topographical plans designs, and relief maps
x- encyclopedias, sundries and selections which form, in respect of selecting, arranging and editing their material, intellectual creative works.

C3: What is the length of protection of a copyright in your country?
Life of the author plus 50 years for inheritors.

C4: How long does a copyright take to be registered?
Two weeks to one month.

C5: What kind of sanctions does your copyright law provide against infringers?
Detention and monetary punishment (Dhs 10000 to 50000) or either one, seizure of the unauthorized publications, closing the infringing shops.

C6: Are there any limitations of copyright in your jurisdictions?
No provisions in the law.

C7: Must transfer agreements be recorded?.
Recommended.

C8: Must license agreements be recorded?.
Recommended.

C9: Are there any consequences of non recordal of agreements?
None. 

 

Summary 

Copyright in the UAE is protected under the Federal Law No. 32 of the year 2006 Amending the Federal Law No. 7 for the year 2002 Concerning Copyright and Neighboring Rights. 

For obtaining protection, copyrightable works have to be deposited with the Ministry of Economy. Protection is granted to authors of literary, artistic and scientific works of whatever the value or kind or purpose or way of expression is. 

Generally, protection is provided for works whose means of expression is writing, sound, drawing, image, motion pictures, creative titles or computer software. Translation of original works is also protected. 

The duration of the protection is for the lifetime of the author plus 50 years after his death or 50 years from the date of publication in cases of cinematographic works, works of corporate bodies and works published for the first time after the death of the author.

The law reserves the right to allow reproducing protectable works by means of photocopying without obtaining the author’s permission by public libraries, non-commercial documentation centers and education, cultural and scientific institutions, provided that the number of 50 copies reproduced is limited to their needs and not detrimental to the interests of the author. 

An unauthorized publication of an author’s work of art is penalized by imprisonment and/or a fine. A publisher who contravenes the author’s instructions through unauthorized addition, omission or modification shall be punished by imprisonment and/or a fine.

The UAE is a member of the Berne Convention for the Protection of Literary and Artistic Works.

Domain Names

Filing Requirements

 

1- Application Form which can be submitted by email.

2- Letter requesting the domain name registration, on official letterhead, submitted by email. See sample request letter.   

Summary

The United Arab Emirates Network Information Center (UAEnic) is the local registry for the Top-Level Domain Name (.ae) in the UAE.

Top-Level Domain
.ae: commercial companies or individuals
Second-Level Domains
.net.ae:   network providers
.org.ae:  non-profit organizations
.gov.ae:  government and ministries
.ac.ae:  colleges, universities or academic institutes
.sch.ae:  public and private schools
.pro.ae:  professionals
.name.ae: personal use

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