Country Data
| Official Name: | United Arab Emirates |
|---|---|
| The 7 Emirates constituting the federation: | Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain |
| Capital: | Abu Dhabi |
| Area: | 83,600 sq km |
| Population: | 9,992,083 (2020 estimate) |
| Official Language: | Arabic |
| GDP: | US$647.650 billion (PPP, 2020 estimate) |
| Currency: | UAE dirham (AED) |
| Work Days: | Sunday – Thursday |
Conventions/ Treaties
- Paris Convention (effective since September 19, 1996)
- WIPO convention (effective since September 24, 1974)
- Patent Cooperation Treaty (effective since March 10, 1999)
- Beijing Treaty on Audiovisual Performances (effective since April 28, 2020)
- Berne Convention (effective since July 14, 2004)
- Marrakesh VIP Treaty (effective since September 30, 2016)
- WIPO Copyright Treaty (effective since July 14, 2004)
- WIPO Performances and Phonograms Treaty (effective since June 9, 2005)
- Rome Convention (effective since January 14, 2005)
- TRIPS Agreement/ WTO (since April 10, 1996)
- Gulf Cooperation Council (effective for GCC Patent since 1998)
National Legislation
- Federal Law No. 37 of 1992 on Trademarks as amended by Law No. 19 of 2000 and Law No. 8 of 2002
Basic Information
| Creation of rights: | First-to-file jurisdiction (subject to occasional exceptions) |
|---|---|
| Basis for filing: | Intent to use acceptable – prior use is not a prerequisite. |
| Well-known marks: | Special protection may be available. Nevertheless, local registration of the mark is highly recommended. |
| Types of marks: | Trademarks, Service Marks, Certification Marks, Collective Marks, Series of Marks |
| Priority: | 6-month priority claim under the Paris Convention |
| Madrid System: | Not available – UAE is not a member of the Madrid Union |
| Filing system: | Single class (multiple class filing is not available) |
| Classification: | Nice Classification 10th edition Limitation: Registration of marks in respect of “pork meat” in class 29, “alcoholic items” in class 32 and the entire class 33 is not allowed being considered contrary to public policy. In addition, services relating to gambling, bars or nightclubs may not be designated in the trademark applications. |
| Who can be Applicant: | (1) Individuals; (2) Corporate entities; (3) Joint application |
| Examination: | On formal, absolute and relative grounds |
| Publication: | In the Trademark Journal and two local daily newspapers |
| Opposition period: | 30 days from the date of last publication |
| Duration of registration: | 10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within one year preceding the expiry date |
| Renewal grace period: | 3 months |
| Use requirement: | A trademark registration becomes vulnerable to cancellation in case of its non-use for a period of 5 consecutive years upon the request of an interested party |
| Registration timeframe (straightforward case): | 2 to 4 months (approximately) |
Search
| Official Search: | Available for word marks. |
|---|---|
| Scope of search: | Includes all applied-for and registered marks |
| Turnaround time: | 2 working days |
Ways to obtain protection
- Filing of national application with or without priority claim under the Paris Convention
Filling Requirements
New Applications
- Power of Attorney from the applicant, duly notarized and legalized up to the UAE Consulate.
- A simple copy of trade license, if the applicant is a UAE company,
- A certified copy of the priority document, if priority is claimed.
Renewal of Registration
- Power of attorney stating the new name/ address of the trademark owner – duly notarized and legalized up to the UAE Consulate.
- Change of Name / Address document – duly legalized up to the UAE consulate.
Change of Name / Address Recordation
- Power of attorney stating the new name/ address of the trademark owner, duly Apostilled or legalized up to the Bahraini Consulate.
- Change of Name / Address document – duly Apostilled or legalized up to the Bahraini Consulate.
Assignment Recordation
- Power of attorney from the Assignee, duly notarized and legalized up to the UAE Consulate.
- Deed of Assignment, duly signed by both the assignor and the assignee, notarized/ legalized up to the UAE Consulate.
- A copy of certificate of registration of the mark.
Merger Recordation
- Power of attorney from the surviving entity, duly notarized and legalized up to the UAE Consulate.
- Merger document, duly legalized up to the UAE Consulate.
- A copy of certificate of registration of the mark.
License Recordation
- Powers of attorney from the Licensor and the Licensee, duly notarized and legalized up to the UAE Consulate.
- License agreement, duly signed by both the parties, notarized/ legalized up to the UAE Consulate.
- A copy of certificate of registration of the mark.
National Legislation
- Federal Law No. 17 of 2002 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs as amended by the Federal Law No. 31 of the year 2006
Ways to obtain patent protection:
- National Filing in the UAE
- PCT national phase application
- GCC Patent application that is filed in Riyadh, Saudi Arabia
Basic Information
| Claims admissible for: | 1) Process; and 2) Product |
|---|---|
| Novelty requirement: | Absolute |
| Convention priority: | Available (12 months) |
| PCT national phase entry deadline: | 30 months |
| Search: | Possible by title, name of the patentee, and PCT number |
| Examination: | With respect to form, novelty, inventiveness, industrial applicability, unity, and compliance |
| Publication: | Post-grant publication |
| Opposition period: | 60 days from publication in the IP Bulletin |
| Protection term (patent): | 20 years from the filing date and in case of the PCT national phase applications, from the international filing date. |
| Protection term (utility model): | 10 years from filing date |
| Annuity payment: | Becomes due annually on the anniversary of the international filing date. Annuities are payable against pending applications also |
| Grace period for late annuity payment: | 6 months. A surcharge is also payable if annuity is paid during the latter 3 months of the said grace period. |
| Working/ Compulsory License: | If the patent is not fully exploited by the patentee within three years from the date of grant, the patent will be subject to compulsory licensing in accordance with the provisions of the Patent Law |
| Patent grant timeframe (straightforward case): | 3 to 4 years (approximately). |
Filling Requirements
- Power of Attorney from the applicant – duly notarized and legalized up to the UAE Consulate.
- Patent specification, claims, drawings (if any), and abstract in English and Arabic.
- Certificate of incorporation or excerpt from the commercial register related to the applicant company.
- Assignment of invention and priority rights, executed by the inventor(s) if the applicant is not the inventor, duly notarized and legalized up to the UAE Consulate.
- A duly certified copy of priority document, if priority is claimed (not required for PCT national phase applications).
For PCT national phase application in the UAE, the following items would also be required:
- A copy of International Publication with patent specification, claims, drawings, and abstract.
- A copy of International Search Report and Preliminary Examination Report.
Note: Items 1 and 2 listed above are necessarily required at the time of filing. For PCT national phase application, items 5 and 6 are also required to be submitted at the time of filing. The remaining items may be submitted within 90 days of the filing date.
National Legislation
- Federal Law No. 17 of 2002 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs as amended by the Federal Law No. 31 of the year 2006
Ways to obtain protection for design:
- National filing in the UAE
Basic Information
| Types of designs: | (1) Drawings; and (2) models. |
|---|---|
| Novelty: | Novelty is a prerequisite for the designs to be afforded registration. The subject matter must also be usable as an industrial or handicraft product. |
| Multiple figures: | Though as per the legal provisions an application may comprise up to 20 drawings or designs provided that they are all interrelated, in practice however, more than one design in an application is not admissible. |
| Convention priority: | 6-month priority may be claimed. |
| Locarno Classification: | Not applied. |
| Examination: | Industrial design applications are subjected to examination as to form, novelty, and industrial applicability. |
| Publication: | Upon receiving official decision for protection, design applications are published in the industrial property circular for opposition purposes. |
| Opposition: | Any interested person may file an opposition within 60 days from the publication dates. |
| Protection term: | 10 years from the date of filing. |
| Annuities: | Annuity is payable from the first anniversary of the filing date until the expiry of the protection period. |
| Annuity grace period: | 6 months. A surcharge would also be payable if annuity is paid during the latter 3 months of the said grace period. |
| Registration timeframe (straightforward case): | 1 to 2 years (approximately) |
Filling Requirements
- Representations (drawings/ photographs) of the design.
- Power of Attorney from the applicant – duly notarized and legalized up to the UAE Consulate.
- Certificate of incorporation or excerpt from the commercial register related to the applicant company.
- Assignment deed executed by the creator/ author/ originator of the design in favor of the applicant, duly notarized and legalized up to the UAE Consulate, if the applicant is not the creator/ author/ originator.
- A duly certified copy of priority document, if priority is claimed.
Note: Item 1 listed above is necessarily required at the time of filing. The remaining items may be submitted within 90 days of the filing date.
National Legislation
- Federal Law No. 7 of 2002 on Copyrights and Neighboring Rights as amended by Federal Law No. 32 of 2006
Basic Information
- Works protected: The copyright protection under the UAE Copyright Law specifically covers: books, pamphlets, essays and other written works; computer programs and applications, databases, and works analogous to them as defined by a Minister’s decision; lectures, addresses, sermons, and other works of similar nature; dramatic, dramatic-musical works and dumb-shows; music compositions with or without words; sound and audiovisual works; architectural works, engineering plans, and layouts; works of drawing, painting, sculpture, lithography (fabric, metal, stones, wood), and engraving, or similar works in the scope of fine arts; photographic works and works analogous to photography; works of applied and plastic art; Illustrations, geographical maps, sketches, three-dimensional works related to geography, topography, and architectural designs; derivative works without prejudice to the protection prescribed for the works from which it has been derived; the title of the work innovated and the innovated theme written for a broadcasting program.
- Exceptions to copyright protection: The following are specifically excluded from copyright protection: mere ideas, procedures, methods of work, mathematical understandings, principles, and abstract facts; official documents, regardless of their original language or the language translated into, such as the texts of laws, regulations, decisions, international agreements, judgments, arbitrators’ awards, and the decisions of the administrative committees having judicial competence; news, events, and current facts, which constitute merely media news; works transferred to public property.
- Duration of copyright: Copyright protection term is 50 years, starting from the first day of the year following the death of the author, in addition to the lifetime of the author.
- Registration timeframe: 1 to 2 months (approximately).
Filing Requirements
- Power of Attorney from the applicant, duly notarized and legalized up to the UAE Consulate.
- Assignment deed executed by the author in favor of the applicant, duly notarized and legalized up to the UAE Consulate, if the applicant is not the author.
