Introduction
Over the last decade, the UAE has greatly Internationalized itself and become one of the most prominent global business hubs elevating its economic diversity. The government has rolled out a series of laws to move towards an innovation and knowledge-driven economy with an increasing awareness of the importance of intellectual property rights as the backbone of the country’s economy.
Major changes have been made in the intellectual property space including an expansion of trademark laws, revisions to patent laws, stronger copyright and industrial design rules, and greater protection of personal data.
Meta verse has become the hot topic in the UAE intellectual property rights in 2022 and will continue to be the buzzword in 2023 as well. Dubai has already set up an independent regulator for virtual assets, the Virtual Assets Regulatory Authority “VARA”, and announced its Metaverse Strategy in July 2022 as the country focuses on becoming a global hub and one of the world’s top 10 metaverse economies and plans to generate more than 40,000 jobs in the virtual world by 2030 through R&D in Web 3.0 technologies and applications in important sectors including tourism, education, retail, health care, and judiciary.
The Recent Legal and Regulatory Updates
Update 1: Cabinet Decision No. 57/2022 on Executive Regulations of the Federal Decree-Law No. 36/2021 on Trademarks issued on 22 June 2022 to supplement and refine the procedural framework for trademark matters. The most significant changes are accession to the Madrid System of WIPO, and the transfer of cancellation actions to the authority of the Trademark Office instead of the local courts to hasten filing cancellation within 90 days of filing. removal of time limitations on cancellation actions against bad faith filings and doing away with the need to publish new applications, renewals, and assignments in two local newspapers.
The other important areas addressed in this update include Multiclass Applications, removal of Trade License requirements for UAE Applicants, an extension of the period for filing grievances, an extension of the timeline of amendments, trademarks renewal, geographical indications, attachment on trademarks, etc.
Impacts on Businesses
The new regulatory update streamlined the UAE trademark practices in line with international practices and enhanced the ease of doing business.
Multiclass applications though initiated only stipulated the procedural framework and as of date, are not an option for trademark owners upon filing. However, based on the provisions, the UAE is expected to adhere to a multiclass filing system within the next twelve months.
Update 2: Cabinet Decision No. 47/2022 the Implementing Regulation of Federal Decree-Law No. 38/2021 on Copyrights and Neighboring Rights came into force on 11 May 2022 to further refine the copyright registration, importation, and license procedures in the UAE.
The new Copyright Law and implementing regulations together have made several substantial reforms to copyright practices in the UAE. The copyright owner has been made the employer as opposed to the creator, based on the relationship or contract. Other reforms included the establishment of the fair use doctrine, Smart Applications, Compulsory Licensing, Assignment of benefits of a Copyright License, Customs Seizure, and Protection of Privacy of Photography And Audio/Visual Recordings.
Impact on Businesses
Work for hire doctrine is expected to bring relief for many business owners, saving both time and money. The Default Ownership of Copyright In Architectural Designs in the new Copyright law could be an important game changer to the industry which will set essential limitations on the architectural works, ability to reutilize their designs, and/or enforce their rights against third parties.
Update 3: Cabinet Resolution No. 6/2022 regarding the Executive Regulations Of Federal Law No. (11) of 2021 regarding the Regulation and Protection of Industrial Property Rights was enforced in November 2021 followed by the implementing regulations which were issued on 10 February 2022. The new law and implementing regulations updated the legal framework that applies to patents and industrial designs, with changes to the preparation, prosecution, and enforcement of patents and designs.
The most important changes include the introduction of speedy examinations for patents, conversion of a utility certificate into a patent, extending the period of a utility certificate from 10 years to 20 years, ensuring the protection of Layout designs of integrated circuits, establishing the conditions for converting a utility certificate into a patent and documenting the process of examination, the process of mandatory license requests and the process for registration of layout design for integrated circuits. The new law also significantly raised the penalties related to patent infringement and removed the requirement of Arabic translation during patent registration.
Impact on Businesses
With these updates in regulatory requirements, inventors and applicants can now obtain protection for their intellectual property in the UAE more easily. The speedy examinations will promote enhanced availability of protection.
The Takeaway
The UAE is increasingly becoming the most coveted international financial and business hub and will continue to develop and substantiate its legal IP framework to attract foreign investment.
