Intellectual Property Law in the United Arab Emirates
The United Arab Emirates (UAE) has one of the most comprehensive legislations on intellectual property (IP). These regulations reflect the UAE’s commitment to strengthening protections for intellectual property and aligning its legal framework with global best practices, particularly in the context of rapid technological advancement. The IP laws provide clarity, modern approach, and facilitate business operations in today’s digital age, solidifying the UAE’s position as a global business and innovation hub.
The UAE took a major step in introducing significant intellectual property (IP) laws in 2021, with further amendments in the following years. These reforms are three foundational pieces of the IP legislation:
- Federal Law No. 11/2021 – Protecting Industrial Property Rights and Cabinet Decision No. 6/2022 On the Implementing Regulation of Federal Law No. 11/2021 on the Regulation and Protection of Industrial Property Rights
- Federal Decree-Law No. 36/2021 – Governing Trademarks and Cabinet Decision No. 57/2022 On Executive Regulations of the Federal Decree- Law No. 36/2021 on Trademarks (beta)
- Federal Decree-Law No. 38/2021 – Governing Copyrights and Neighboring Rights and Cabinet Decision No. 47/2022 On the Implementing Regulation of Federal Decree-Law No. 38/2021 on Copyrights and Neighbouring Rights
Together, these laws aim to modernize and improve the regulations governing trademarks, copyrights, patents, and industrial designs. The legislations also address the challenges that businesses face in today’s digital economy.
Trademarks
The new Trademark Law reflects significant feedback from brand owners and trademark professionals and codifies many practices previously governed by court precedents. It introduces several pivotal changes that make it easier for businesses to protect their brand while also offering stronger defenses against infringement. As per the trademark laws in the UAE, trademarks can cover multiple classes in one application, making the process faster and more cost-effective. Previously each application could only cover a single class, forcing businesses to file multiple trademark applications which was costly. The trademark laws also allow for the assignment of trademarks during the application process, providing greater flexibility, particularly in transactions involving IP assets. Decisions by the Ministry of Economy regarding trademarks can now be appealed directly to the Federal Appeal Court. This bypasses the often-slow lower courts and improves the efficiency of trademark disputes. To combat counterfeiting, penalties for trademark infringement have been significantly increased, with fines reaching AED 100,000 or more—up from AED 5,000.
Copyrights
The Copyright Law reflects the growing importance of digital assets and the protection of creative works in an increasingly online world. The updated law strengthens protections for content creators while offering flexibility for businesses and institutions working with copyrighted material. The law extends copyright protections to smart applications and databases, ensuring that digital assets receive the same legal recognition as traditional works of art, literature, and music. The law preserves the strong moral rights of authors, allowing them to retain the right to attribution, to decide whether or not to publish their work, and to withdraw it from circulation. However, authors of software and smart applications are excluded from this withdrawal right, ensuring that businesses can invest in these works with confidence. Works created by employees within the scope of their employment now automatically belong to the employer, unless otherwise agreed. This resolves many ambiguities about ownership, particularly in creative industries. Ownership of copyright in architectural designs is assigned to the owner of the building rather than the architect unless an agreement states otherwise. This change better reflects the realities of construction and development. Individuals featured in photographs or recordings now have the right to control how those images are used, offering more robust protections for privacy in the age of social media. Expanded fair use provisions particularly benefit disabled users. For instance, institutions can now convert works into accessible formats, such as braille, for the visually impaired without infringing on copyright laws. Similar to the new Trademark Law, penalties for copyright infringement have been increased, reflecting the seriousness of these violations.
Protecting Industrial Property Rights
The Industrial Property Law governs patents, industrial designs, and trade secrets, with several changes that encourage innovation and protect inventors. Patent protection has been strengthened, resulting in a 55% increase in applications since the law’s introduction. This rise underscores the UAE’s dedication to fostering innovation. The law simplifies the application process for industrial designs, offering clearer definitions and increasing accessibility for businesses seeking protection for unique designs. Companies now enjoy stronger protections for their trade secrets, with harsher penalties for theft. This offers businesses the confidence to innovate without fear of losing their competitive edge.
The Grievances Committee
The new laws also establish a Grievances Committee, which will handle disputes related to copyrights and trademarks, providing an expedited alternative to lengthy court proceedings. Appeals from the committee can be taken directly to the Federal Appeal Court, ensuring faster resolutions.
The UAE’s 2021 IP law reforms represent a bold step toward modernizing the country’s intellectual property protections and creating a legal environment conducive to business growth and innovation. From expanding protections for well-known trademarks to safeguarding digital assets and ensuring faster dispute resolution, these laws position the UAE as a global leader in IP law, poised for success in the digital age.
Written by – Sanjeev Kandathil
