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Federal Law on the Regulation and Protection of Industrial Property Rights

The last update on this law was listed on 19 May 2021

Issued Date

19 May 2021

Effective Date

01 Dec 2021

Official Gazette Date

31 May 2021

Official Gazette No

703

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Index

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Part One: Definitions and General Provisions

Part Two: Inventions

Chapter One: Patents and Utility Model Certificates

Part Four: Contractual Licenses

Part Seven: Claims for Compensation for Damage, Preventive Measures and Penalties

Part One: Definitions and General Provisions

Article (1) Definitions

In applying the provisions of this Law, the following words and expressions shall have the meanings assigned to each, unless the context otherwise requires:
State: United Arab Emirates.
Ministry: Ministry of Economy.
Minister: Minister of Economy.
Committee: The Grievance Committee formed by a decision of the Cabinet.
Court: Abu Dhabi Federal Court of Appeal.
ICPR: International Center for Patent Registration (ICPR) at the Ministry.
Industrial Property: The rights attached to patents, utility model certificates, designs, integrated circuits, and undisclosed information.
Protection Title: A document evidencing the protection granted by the Ministry to an invention, industrial design or layout-design of an integrated circuit.
Invention: An innovative idea created by the inventor in any technical field for a product and/or process that practically provides a new addition or solution to a certain problem in any of such fields.
Patent: The Protection Title granted by the Ministry for the Invention.
Utility Model Certificate: The Protection Title granted by the Ministry for an innovative step that does not qualify for a Patent.
Industrial Design: A two-dimensional or three-dimensional ornamental or aesthetic aspect of an article that gives a special appearance to a product or handicraft.
Industrial Design Certificate: The Protection Title granted by the Ministry for the Industrial Design.
Integrated Circuit: A product, in its final form or intermediate form, including elements, at least one of which is an active element, mounted on a piece of an insulating material, and form with some or all of the interconnections an integral body intended to perform a specific electronic function.
Layout-Design Certificate: The Protection Title granted by the Ministry for each three-dimensional disposition prepared for an Integrated Circuit intended for manufacture.
Compulsory License: Allowing a natural or legal person to use a Patent, Utility Model Certificate, Industrial Design, Layout-Design or Integrated Circuit in the State, without the need for the consent of the right holder or licensee of the industrial property rights.
Industrial Property Bulletin: The periodic bulletin of industrial property issued by the Ministry and dedicated for publishing all that is required to be published under this Law or the Executive Regulations thereof.
Registration Agent: An agent entered by the Ministry in the list of Registration Agents.
International Application: An application submitted to the Ministry for obtaining a Patent under the Patent Cooperation Treaty (PCT).
PCT Receiving Office: The national office which receives the International Application and refers same to any other entity determined according to the Patent Cooperation Treaty (PCT).
Register: The register of Industrial Property rights maintained by the Ministry.

Article (2) Objectives

The objectives of this Law are as follows:
1. Protecting Industrial Property and regulating the procedures of registration, use, exploitation and transfer thereof so as to ensure the promotion of knowledge and innovation in the State.
2. Enhancing the State's competitiveness in the field of Industrial Property rights in accordance with the best international practices.

Part Two: Inventions

Chapter One: Patents and Utility Model Certificates

Article (21) Transfer of Patents or Utility Model Certificates and its Conditions

1. A Patent or Utility Model Certificate, or the application for either of them, may be transferred to third parties.
3. The transfer of a Patent or Utility Model Certificate, or the application for either of them, must be made in writing and signed by the contracting parties at the Ministry, submitted to the notary public in the State for authentication of the signatures, or duly authenticated in the State.
3. The transfer must be recorded in the Register after payment of the prescribed fees.
4. The Ministry may refrain from recording a transfer in the Register if it would lead to misuse of an Industrial Property right, adversely affect commercial competition or other related matters, as provided in the Executive Regulations of this Law.

Part Four: Contractual Licenses

Article (54) Control of Contractual Licenses

1. Contractual licenses, transfers thereof and any amendments or renewals of their contracts shall be subject to the control of the Ministry in terms of the conditions, guarantees and rights granted by the Protection Title.
2. The Ministry may refuse to register a contractual license if it would lead to misuse of an Industrial Property right or adversely affect commercial competition as to the subject matter of the contractual license in the State. The Ministry may ask the owner of the Protection Title to amend the terms of the contractual license so as to remedy the reasons for refusal, as provided in the Executive Regulations of this Law.

Part Seven: Claims for Compensation for Damage, Preventive Measures and Penalties

Article (68) Precautionary Seizure

In the event of an act of infringement or other illegal actions in violation of the provisions of this Law or the contracts or licenses issued thereunder, the owner of the Protection Title, or the assignee of all or some of the Industrial Property rights provided for herein, may request the court to issue a precautionary seizure order for the Invention, Industrial Design, Layout-Design of Integrated Circuit, or the establishment or the part thereof using or exploiting any kind of the Industrial Property.

Article (74) Grievances and Objections

1. A committee shall be formed by a decision of the Cabinet and chaired by a judge nominated by the Minister of Justice, including two experts in the field of Industrial Property rights, and excluding the employees of the ICPR. Such decision shall determine the Committee's work system and term, remuneration of its members and the procedures for filing grievances and deciding thereon.
2. The Minister shall appoint the secretary of the Committee or delegate an employee of the Ministry to carry out the duties thereof. In performing his work, the secretary shall follow the instructions of the chairman of the Committee.
3. The Committee shall be competent to decide on the grievances filed by the concerned parties against the decisions issued in application of the provisions of this Law and the Executive Regulations thereof.
4. The Committee shall consider grievances after payment of the prescribed fees.
5. Subject to the provisions of Paragraph (2) of Article (17) hereof, the Committee shall not consider any grievance relating to the registration of a Patent, Utility Model Certificate or Industrial Design unless after the concerned party raises an objection before the ICPR by filing an application for re-examination after grant.
6. The Executive Regulations of this Law shall set the controls, procedures and periods for the applications for re-examination after grant and for deciding thereon.
7. Subject to Item (5), no action shall be accepted before courts unless after filing a grievance before the Committee.

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