- Article (1) Definitions
- Article (2) Formation of the Committee
- Article (3) Jurisdictions of the Committee
- Article (4) Term of Membership
- Article (5) Termination of Membership
- Article (6) Conflict of Interest
- Article (7) The Committee’s Rules of Procedure and Meetings
- Article (8) Submission of Grievances
- Article (9) The Committee’s Procedures
- Article (10) Adjudication on Grievances
- Article (11) Remuneration of Committee Members
- Article (12) Reports of the Committee
- Article (13) Publication and Entry into Force
Article (1) Definitions
In the application of the provisions of this Resolution, the following words and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
Ministry: The Ministry of Economy.
Minister: The Minister of Economy.
Committee: The Industrial Property Grievance Committee established pursuant to this Resolution.
Article (2) Formation of the Committee
A committee shall be established to adjudicate the grievances referred to in Federal Law No. (11) of 2021 mentioned hereinabove. The Committee shall be chaired by the Honorable Judge Dr. Abdulrahim Mohammed Al Amoudi of Sharjah Federal Court of Appeal, and shall comprise the following members:
a. Mr. Karim Al Toumi – Legal Advisor, Ministry of Economy.
b. Ms. Rawiya Al Junaibi – Senior Analyst of Partner Relations Regulation, Innovation and Knowledge, Department of Economic Development – Abu Dhabi.
Article (3) Jurisdictions of the Committee
The Committee shall have the jurisdictions to consider and decide on grievances submitted thereto by the concerned parties against the decisions issued in connection with the application of the provisions of the above-referenced Federal Law No. (11) of 2021 and the Executive Regulation thereof.
Article (4) Term of Membership
1. The term of membership of the Committee shall be three (3) years, renewable for a similar term or similar terms pursuant to a Resolution of the Cabinet.
2. Where the seat of any member of the Committee becomes vacant for any reason whatsoever prior to the expiration of their term, a replacement member shall be appointed for the remainder of the term in the same manner in which the predecessor was appointed.
3. The Committee shall continue to perform its duties upon expiration of its term until a resolution is issued on its re-formation or renewal of membership.
Article (5) Termination of Membership
Membership of the Committee shall be terminated for any of the following reasons:
1. Where a member fails to attend three (3) meetings without an excuse acceptable to the Chairman of the Committee.
2. In the event of the member’s death or illness that would prevent them from performing their duties;
3. Where a member’s resignation from the Committee is accepted;
4. Where a member is convicted of a crime involving moral turpitude or breach of trust; and
5. In the event that the seat of a member becomes vacant for any reason whatsoever prior to expiration of their term, a replacement shall be appointed for the remainder of the term in the same manner in which the predecessor was appointed.
Article (6) Conflict of Interest
Each member of the Committee shall be required to disclose any conflict arising from a personal, financial, or any other relationship that may compromise their impartiality with any party submitting a grievance to the Committee. Where such an interest exists between a member and any of the parties submitting a grievance, that member shall refrain from participating at the hearing considering the grievance. In which case, the Committee shall issue its decision without such member’s vote.
Article (7) The Committee’s Rules of Procedure and Meetings
1. The Committee shall hold its hearings at least twice per year, and upon the submission of grievances, or whenever deemed necessary at the request of its Chairman.
2. The Chairman of the Committee shall decide on all matters pertaining to the arrangements of the Committee’s hearings, including the determination of the venue, timing, and agendas thereof.
3. The hearings of the Committee shall only become valid if attended by all members, including the Chairman.
4. The Committee may hold its hearings remotely, and any member may attend the hearings using modern means of communication, subject to the Chairman’s approval.
5. The Committee’s deliberations and decisions shall be confidential, and shall not be made available to the public or the media unless approved by the Chairman beforehand.
6. The proceedings, deliberations, and decisions of the Committee’s meetings shall be duly recorded in minutes, maintained in a special register, and signed by the Chairman and attending members.
7. For matters in respect of which no specific provision is stipulated herein, the Committee shall apply the rules of procedure governing the operation of committees within the Federal Government.
Article (8) Submission of Grievances
1. A grievance shall be submitted to the Committee within sixty (60) working days from the date the concerned party is notified of the decision.
2. The grievance shall be submitted using the application form prescribed by the Committee, and shall be accompanied by all supporting documents and evidentiary materials.
3. The Committee may require the Ministry or the grievant to submit any information, clarifications, documents, or additional materials related to the dispute.
Article (9) The Committee’s Procedures
1. The Secretary of the Committee shall receive the grievance and all supporting documents, and shall forward the same directly to the Committee members.
2. The Secretary shall assign sequential numbers to the grievances submitted to the Committee upon receipt, and shall have them recorded in a special register maintained for this purpose, indicating the date of submission and relevant details. The applicant shall be issued a receipt confirming that the grievance has been received and registered.
3. The Committee may require the grievant to provide any data or documents relevant to the subject matter of the grievance, and an appropriate deadline shall be scheduled for their submission.
4. The parties to a grievance shall be notified of the scheduled date of the hearing. The Committee may, either sua sponte or at the request of the parties, allow the parties to appear before it. Should either the grievant or the opposing party fail to appear in person or through a representative, the Committee may adjudicate on the grievance in absentia.
5. The Committee may, when considering a grievance, allow any party to submit new documents or evidence that could materially affect the subject of the grievance.
6. For adjudicating on the grievance, the Committee may seek the assistance of experts or specialists as it deems appropriate, provided that such individuals shall not have voting rights during the Committee’s deliberations.
Article (10) Adjudication on Grievances
1. The Committee shall issue its decisions and recommendations by a majority vote of the present members.
2. The Committee’s decisions shall be reasoned and accurately explained, specifying the grounds and justifications for each decision.
3. The Committee shall issue its final decision on the grievance within sixty (60) days from the date of submission. The decision shall include a summary of the subject matter of the grievance and the rationale upon which the decision was based.
4. The Secretary of the Committee shall serve the final decision upon both the grievant and the Ministry’s competent department within fifteen (15) working days from the date of its issuance, by modern means of communication, in accordance with the contact details registered with the Ministry. The Committee’s decision and the number and date of service upon the grievant shall be recorded in the Committee’s grievance register.
Article (11) Remuneration of Committee Members
The Chairman and members of the Committee shall be entitled to a financial remuneration of three thousand dirhams (AED 3,000) for each meeting they attend, provided that the total amount does not exceed forty-eight thousand dirhams (AED 48,000) per annum, and without prejudice to the controls prescribed under the Cabinet Resolution No. (17) of 2015 Regarding the Regulation of Specialist Technical Committees Remunerations in the Federal Government.
Article (12) Reports of the Committee
The Committee shall submit periodic reports to the Minister, including, among others, details of the number of applications reviewed, actions taken, recommendations issued, and details of its most important actions and accomplishments.
Article (13) Publication and Entry into Force
This Resolution shall be published in the Official Gazette, and shall enter into force on the day following the date of its publication.
Translated in cooperation with