Trademarks
According to Federal Decree Law No. 36 of 2021 on Trademarks, a trademark is any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks, if they were used or intended to be used either to distinguish goods, products or services from whatever sources, or to indicate that certain services, goods or products belong to the owner of the trademark, because of their provision, manufacturing, selection or trading. The voice accompanying a trademark is considered a part of it.
Registration of a trademark
Ministry of Economy is the competent authority to register trademarks in the UAE. To register a trademark, customer can submit an online application via the ministry’s website. Registration documents include:
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Trademark logo
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A copy of the commercial licence
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Power of Attorney
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Priority document
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Passport copy
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Other attachments.
Kindly read the user manual for trademarks (PDF in Arabic, 500 KB) on the website of Ministry of Economy.
Who can register a trademark?
According to the above law, the following persons can register their trademarks:
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The UAE citizens and natural and artificial persons practising any commercial, industrial, professional or service business
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Foreigners and natural and artificial persons practising any commercial, industrial, professional or service business
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Foreigners and natural and artificial persons practising any commercial, industrial, professional or service business in any country on basis of reciprocity
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Other artificial persons.
Copyright
According to Federal Law No. 38 of 2021 on Copyrights and Neighboring Rights, an intellectual work is any original work in the areas of literature, arts or science, whatever its description, form of expression, significance or purpose. In accordance with Article 2, the authors of intellectual work shall be protected if their rights are violated in the UAE. The following intellectual works are protected under copyright law:
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Books, booklets, articles and other literature
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Computer software and applications, databases and similar works defined in a decision to be issued by the Minister of Economy
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Lectures, speeches, sermons and other works of similar nature
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Plays, musicals and pantomimes
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Musicals accompanied by dialogues and musicals which are not accompanied by dialogue
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Audio and video works or audio-visual works
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Architectural work and architectural plans and drawings
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Drawings, paintings, sculptures, etchings, lithography, screen printing, reliefs and intaglio prints and other similar works of fine art
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Photographic work and the likes
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Works of applied art and plastic art
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Charts, maps, plans, 3-D modelling for geographical and topographical applications and architectural designs etc.
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Derivative works, subject to the protection afforded to the work(s) upon which they are based. The protection shall extend to the title of the work, if created, as well as the creative concept devised for broadcast material.
In accordance with Article 3, the law does not protect the owner of:
- ideas, procedures, working methods, mathematical concepts, abstract principles and facts, with the exception of the innovative expression of any of them
- official documents, regardless of their native language or the language translated to; such text includes laws, regulations, international resolutions and conventions, judicial rulings, arbitrators' rulings and decisions of administrative committees with jurisdiction
- news
- works that have become common property.
Nevertheless, clauses 2, 3 and 4 of this Article are protected if their collection, arrangement or any effort is innovated.
Intellectual work registration
Ministry of Economy is the competent authority to register intellectual works in the UAE. To register intellectual works, you can submit an online application via the ministry’s website.
Duration of protection
According to Article 20 of Federal Law No. 7 of 2002 on Copyrights and Related Rights, the economic rights of the author under this Law shall be protected for the duration of his life plus 50 years starting from the first day of the calendar year following his death. Economic rights of applied art works expires after 25 years, which start from the first day of the calendar year following their first publication.
Related links
Industrial property
According to Federal Law No. 11 of 2021 Concerning the Regulation and Protection of Industrial Property Rights (PDF, 1 MB), the term ‘industrial property’ includes patents, utility certificates, industrial designs, integrated circuits and undisclosed information.
Patents
A patent is granted for every new invention arising from an innovative idea or innovative improvement that represents a creative step and is industrially applicable.
Eligibility criteria for granting a patent
The eligibility criteria for granting a patent includes:
- a new invention resulting from an innovative idea or innovative improvement
- a creative step
- industrial applicability.
When is a patent not granted?
A patent is not granted in the inventions and creations of:
- discoveries of new plant or animal species, and biological methods of animal or plant production, except scientific methods of microbiology and microbiological products, as per the executive regulation of the law
- human or animal diagnosis, treatment or surgical methods
- scientific principles, discoveries, theories and mathematical methods
- rules, plans and modalities used in doing business or purely mental activities
- natural materials, except the method used for their extraction or purification
- inventions that violate public order or morals, or harm human life, health, or the environment, when they are used.
Validity of the patent
A patent is valid for 20 years from the date of application or from the date of international filing.
Utility certificate
A utility certificate is granted for new inventions that are industrially applicable but are not creative enough to be granted a patent. The utility certificate is not granted for inventions and creations of:
- discoveries of new plant or animal species, and biological methods of animal or plant production, except scientific methods of microbiology and microbiological products, as per the executive regulation of the law
- human or animal diagnosis, treatment or surgical methods
- scientific principles, discoveries, theories and mathematical methods
- rules, plans and modalities used in doing business or purely mental activities
- natural materials, except the method used for their extraction or purification
- inventions that violate public order or morals, or harm human life, health, or the environment, when they are used.
Validity of the utility certificate
A utility certificate is valid for 10 years from the date of application or from the date of international filing.
Industrial designs
An industrial design is any ornamental or aesthetic three-dimensional or two-dimensional composition that provides a specific design to be used as an industrial or artisanal product.
Eligibility criteria for granting industrial designs:
The eligibility criteria for granting industrial designs includes:
- novelty
- does not violate public order or morals.
Validity of industrial designs
An industrial design is valid for 20 years from the date of application or from the date of international filing.
Layout designs of integrated circuits
The layout design of integrated circuits is any product in its final or intermediate form that includes components - at least one of which is an active element - mounted on an insulating material and forms a complete entity with some or all of the connections, aiming to achieve a specific electric function.
Validity of layout design of integrated circuits
A layout design is valid for 10 years either from the date of application or from the date of first commercial exploitation in the country or abroad, whichever is earlier.
Industrial property registration
Ministry of Economy’s Innovation and Industrial Property Development Department is responsible for registering all industrial property rights stipulated by the law.
Apply for industrial property registration.
Related links
- Resolution No. 6 of 2022 Concerning the Executive Regulations of Federal Law No. 11 Regarding the Regulation and Protection of Industrial Property Rights (Arabic, PDF, 1 MB)
Source: Ministry of Economy
Updated On :
29 Oct 2024
