Resolve Challenges & Conflicts
Enforce your IP rights in case of infringement and take legal action if needed, with the support of the government.
Your Intellectual Property is a critical asset that, as a business owner, you must protect and defend.
Great ideas and innovations can drive a business's success, but they can also be stolen, copied, or abused. To ensure your IP rights are not infringed upon, leverage the full power of IP protection and ensure your ownership is safeguarded.
Overview
Despite best efforts, Intellectual Property disputes unfortunately can and do arise. Such disputes can include third parties alleging that you have infringed their IP rights. Such a case can potentially result in legal proceedings, demanding you cease using the IP asset and/or compensation payments. Seek expert advice in business-relevant cases.
Before launching a product, trademark, or any piece of Intellectual Property work on a (commercial) market, a comprehensive search for existing IP rights that might be infringed should be performed.
If you become aware that a third party limits your business’s success because they infringe your IP rights, you may consider enforcing these IP rights.
Intellectual Property enforcement is the act of taking legal action to stop an infringement, prevent further violations of IP rights, and remedy the prejudice caused by these violations. The burden of enforcing IP rights is mainly on the holder of these rights. In other words, it is up to you, as an IP right holder, to identify any infringement of your IP and to decide what measure to take.
There are different approaches available to enforce your IP rights and, depending on the specific case, the enforcement strategy and procedure will vary. This is why we advise you to seek expert advice if you suspect that an infringement of your IP has occurred.
In line with the legal procedures in the UAE, the enforcement of an IP right can be carried out through either litigation or arbitration.
Litigation refers to the formal legal process of presenting a case before the courts – it is the traditional way of resolving a dispute.
Arbitration is a form of Alternative Dispute Resolution (ADR) that enables disputes to be resolved outside the courts. It is becoming an optimal method for parties to solve their disputes. The aim is to solve disputes amicably and reduce the burden of judicial fees. If an amicable settlement is not possible, the litigating party can submit a statement of claim to the relevant court. Then, the case is filed to be seen by the judge in the respective Court of First Instance.
Litigation
Arbitration
Cost
Costly.
Less costly – arbitration is less costly than traditional litigation.
Time efficiency
Slow – just as in any jurisdiction, the litigation process in the UAE is slow. It highly varies according to the complexity of the case and if there is an appeal.
Fast – even if time efficiency depends on the complexity of the case, arbitration is generally more efficient than traditional litigation. Appeals are limited and grounds for annulment or setting aside are narrow. Arbitration awards rendered in the UAE are generally final and binding.
Procedure
Formal rules – the parties cannot agree between themselves about the fair and proper outcome of a dispute presented before courts.
Flexible rules – the parties chose the applicable law, the arbitrator, the number of arbitrators, the language, the dates, and the venues for hearings. This means that parties have a greater chance of having someone who knows the industry.
Exclusion
In general, there is no exclusion – almost any contract permits litigation.
There are some exclusions – not arbitrable are labour disputes, disputes relating to registered commercial agencies, and public policy.
Jurisprudence
Based on traditional jurisprudence.
Not based on traditional jurisprudence.
Enforceability
Complex and challenging – enforcing a UAE local judgment abroad can be complex and challenging due to different legal systems of different countries. It depends on international treaties and conventions.
International per se – as the UAE are part of the New York Convention, arbitral award made in a member state is enforceable in other member states. This facilitates the recognition and enforcement or arbitration awards both domestically and internationally.
Appeal
Possible – appeal to the relevant court of appeal within the specified time limit. The Court of Appeal will re-examine the case for any errors of law or procedure. Specific procedures and requirements may vary.
As per the UAE Arbitration Law (Federal Law Number 6 of 2018), appealing an arbitral tribunal's decision on substantive grounds is not permitted. Nevertheless, the parties can request the local Court of Appeal to annul the award.
Joinder of third party
No – the parties cannot involve a third party.
Yes – the parties can involve a third party as a party in already ongoing proceedings.
Confidentiality of the proceedings
Public proceeding – in general, proceedings in the UAE are open to the public. Sensitive cases such as family law cases can be confidential.
Confidential – arbitration proceedings are generally private and confidential.
Atmosphere
Formal – in courtrooms.
Less formal – because of the flexibility (see also Flexible rules above).
Lawyer or Power of Attorney
Yes – a lawyer or a POA (Power of Attorney) is mandatory.
No – no lawyer required.
E-filing system
Yes – parties can use the eFiling system from the Ministry of Justice.
Yes – parties can use the eFiling system from the Ministry of Justice.
Challenges & Conflicts per type of IP
Industrial Property Rights
In the UAE, Industrial Property rights include patents and utility certificates, industrial designs, industrial design certificates, integrated circuits, and layout certificates. If an infringement of your Industrial Property is detected, you have the option to send a warning letter to the infringing party. If it is not possible to negotiate an agreement with the infringing party, you can file a lawsuit with the relevant court in the country where the infringement was detected.
Learn moreTrademarks
First, clarify to what degree the potentially infringing trademark is identical or similar to your own trademark, not only by design but also by related group of goods and services. You should make sure that your trademark is properly registered, valid, and in force in the country where you assume it is infringed. If you have evidence of the infringement, consult a trademark attorney to support you with a desist letter, negotiations with the infringing party, or the filing of a lawsuit.
Learn MoreCopyrights
A copyright infringement can be difficult to detect since the registration is not mandatory and the right results from its creation. Any known reuse of artistic/intellectual work requires clarification and consideration of existing rights. For legal advice on how to enforce your copyright, contact an IP lawyer.
Learn MoreManage your IP
Utilise the legal power of your IP rights when working with external partners.
Learn moreCommercialisation Connections
Real-life networking opportunities for innovators and investors looking for valuable partnerships.
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