Introduction
Gulf region is largely recognized for its large amount natural resources especially of oil and gas. With the remarkable growth in the economy, it has attracted the eyes of investors from all over the world. With an ambitious objective to promote co-operation of member nations and become knowledge based economies Gulf Cooperation Council (GCC) was formed in 1981 by six countries namely, United Arab Emirates (UAE), Kingdom of Saudi Arabia (KSA), Kuwait, Bahrain, Qatar and Oman.
Workforce and population in GCC countries are dominated by foreigners, a fact that escalates the need to preserve the originality and innovation to provide sense of security to external trade in the region. Protection of IPR is gaining due attention of brands operating in the area. Government and judicial authorities are taking effective steps for protection of IPR and at the same time a large number of private groups are also creative awareness and nourishing a better and positive future for intellectual property rights.
The Regulators
Most of the countries in GCC have their separate laws for protection and regulation of IP rights and at the same time also governed by unified laws issued by GCC for regulation and protection of IPR. In other words, GCC have issued IPR laws ensuring they are in congruence with the domestic policies and needs of all the countries in the council and are binding for the business operating in the region.
Legal Overview
GCC Patent Law: Introduced in 1989, this law provides for protection of patents in all six member nations for an application approved by GCC Patent office (GCCPO). The application approved GCCPO do not require any further country validation in member nations and generally, member nations who accept patent applications merely assign a filing date and filing number and do not take any further actions.
GCC Trademark Law: With an objective to nullify separate trademark laws in member countries and to create a uniform regulations, GCC Trademark laws was accorded consent in 2006. However, it is important to note here that law does not merge the trade mark offices in member nations and each nation continues to have their separate trade mark registration office. The law provides for protection of medium and small trademarks and imposes stringent punitive provisions for violators.
IPR Protection Measures in UAE
IP Laws are still evolving in the entire GCC region and all the states are developing laws and policies in congruence with GCC Laws. Department of Economic Development (DED) is the primary agency to regulate businesses operating in Dubai and very recently it has launched a quarterly index for protecting intellectual property rights. The index is launched with an aim to promote innovation and protect economic rights of the innovators and patent owners. Index also aims to promote sustainable development by measuring intellectual property protection in five criteria.
DED has also joined hands and signed a Memorandum of Understanding (MoU) with Korean Intellectual Property Office (KPIO) to develop mechanism for protection of intellectual property rights in the region and to examine various applications received in UAE for patent registration.
Conclusion
As more and more countries are diverting their investment and business in the region, IPR protection is becoming a crucial factor of consideration. Though the awareness is increasing and regulators are taking effective steps for protection of interest of stakeholders, laws relating to protection of IPR still have a long way to go in GCC. Though the regulators are committed to provide security and ensure protection of IPR, the region still requires proactive and comprehensive procedures to retain and maintain the confidence of international innovators.
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