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For businesses operating in the dynamic landscape of the UAE, safeguarding intellectual property (IP) is crucial. Whether it's a groundbreaking invention, a distinctive brand name, or a creative design, securing your IP assets empowers your competitive edge and fosters your business growth. Here at Fawziamlaw, we provide expert guidance on navigating the intricacies of IP protection in the UAE.

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This blog serves as a comprehensive resource, addressing key questions frequently asked by our clients:

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1. How to Register a Trademark in the UAE:

Eligibility: Trademarks must be distinctive, graphically representable, and not in conflict with existing marks. You can conduct a preliminary search on the Ministry of Economy's website to check for potential conflicts.

Application Process:

1. Create an account: Register on the Ministry of Economy's eServices platform.
2. Choose "Register Trademark": Select the service from the list and click "Apply Now."
3. Fill out the application form: Enter your details, choose the goods/services associated with your mark, select the appropriate class(es), and upload your logo/mark.
4. Pay the fees: The application fee is AED 750, payable electronically through the platform.
5. Submit the application: Once verified, your application will be sent to the Ministry for review.

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Examination and Publication:

1. The Ministry examines your application for compliance and adherence to regulations.
2. If approved, your mark will be published in the UAE Trademark Gazette for potential opposition from third parties.
3. Opposition period typically lasts 30 days. If no opposition is filed, your application proceeds.

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Registration and Renewal:

Upon successful completion, you'll receive a registration certificate granting legal protection for your trademark for 10 years.

Renewal is possible for further 10-year periods.

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2. Copyright Protection Laws in the UAE:

Scope: Federal Law No. 38 of 2021 safeguards original works in various forms, including:

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• Literary works (books, poems, scripts)
• Artistic works (paintings, sculptures, designs)
• Musical works (compositions, performances)
• Cinematographic works (films, documentaries)
• Software
• Automatic Protection: Copyright arises upon creation without formal registration.

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However, registering strengthens your enforcement options:

Register: You can register your copyright with the Ministry of Culture and Youth (https://mcy.gov.ae/en/).

Benefits: Registration provides a public record of ownership, facilitates enforcement, and allows claiming statutory damages.

Duration: Protection endures for the author's lifetime plus 50 years.

Applied art works enjoy protection for 25 years from first publication.

Limitations: Fair use exceptions exist for criticism, research, and education.

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3. Enforcing IP Rights in the UAE:

Cease and Desist: Send a formal letter demanding the infringer to stop the infringement. Seek legal advice on drafting this letter.

Legal Action: If the infringement persists, consider taking legal action through civil courts:

Seek damages: Recover financial losses caused by the infringement.

Obtain injunctions: Stop the infringer from continuing the infringing activity.

Confiscate infringing goods: Prevent further distribution of infringing products.

Criminal Prosecution: Serious IP infringements may invite criminal penalties, including fines and imprisonment. Consult a lawyer to assess the feasibility of this option.

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4. Penalties for IP Infringement in the UAE:

Civil Penalties: Judges have discretion to award financial compensation for damages and legal costs.

Criminal Penalties:

Trademark infringement: Fines from AED 5,000 to AED 1 million, and potential imprisonment.

Copyright infringement: Fines up to AED 100,000 and imprisonment of up to 6 months.