Resolve Challenges & Conflicts: Industrial Property Rights
In the UAE, Industrial Property rights include patents and utility certificates, industrial designs, integrated circuits and layout certificates. If an infringement of your IP is detected, you have the option to send a warning letter or negotiate an agreement with the infringing party. If that's not possible, you can file a lawsuit with the relevant court in the country where the infringement was detected.
Before filing a lawsuit and during litigation, seek legal advice from a specialised attorney. If the court decides in your favor, it can result in an injunction of the infringement and the payment of royalties for the damages caused.
The UAE Ministry of Economy offers online services for several tasks:
- Opposition: If a patent publication in the UAE collides with your IP right, you can file an opposition within 60 days from the date of publication.
- Change of ownership.
- Invalidation: If a patent is granted without fulfilling the grant conditions, it can be invalidated by a lawsuit (see UAE Federal Decree No 11 of 2021 Art. 35).
The same law and regulations apply for utility certificates and industrial designs as for patents. However, it is less likely that you'll file an opposition or go for an invalidation proceeding concerning a utility certificate or industrial design.
FAQ
In the UAE, industrial property rights include patents and utility certificates, industrial designs, integrated circuits, and layout certificates. They protect and regulate their procedures for registration, use, utilization, and assignment to promote knowledge and innovation in the Emirate.
Learn moreIf a product is commercially successful, it may have been protected by means of Industrial Property Rights. It is advisable, before investing effort and budget into your own technical development project or production, to understand the landscape of existing IP protection related to a certain technology or specific product design to avoid any patent infringement.
Learn moreThe visual appearance and look of industrial or handcrafted products can be protected in the UAE under the Federal Law for the Regulation and Protection of Industrial Property Rights. Therefore, a check and comparison of an own design with already existing and protected appearances is advised before starting commercial activities and business.
Learn moreA patent search and landscape overview will provide a good overview of the already existing protection of technical solutions, and potential restrictions for your own use. It is typically required when developing similar products or services. A patent search will not only support the avoidance of patent infringement but greatly support the development of your own technical solutions inspired by existing ideas and potential workarounds.
Learn moreFinding industrial property rights (IPR) for patents, utility certificates, or industrial designs is easily possible. IPR databases and search tools typically offer searches for applicants or owners of registered IP and can be queried using a company name or the name of individuals for the desired information.
Learn moreAD.iP provides and maintains a list of IP service providers and law firms which allows a specific search for a qualified IP professional or firm using diverse search criteria. You may want to filter the list to find optimal support for your clarification needs.
Learn moreYes, please contact us and we will provide more information and support.
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