With the acceleration of technological progress, access to the intellectual property, and even theft thereof, is becoming easier every day.
Thus, the need for legislation guaranteeing the protection of creative products. And ideas and inventions has become more urgent than ever. Accordingly, Intellectual Property Protection, Patent Registration and other laws began to develop in recent times.
The UAE has always recognized the importance of the robust and effective protection of intellectual property to ensure the rights of others, and the Ministry of Economy is the body responsible for, amongst others, the implementation and regulation of such intellectual property protection legislation as well as the registration of various forms of intellectual property.
This article will consider the steps for submitting an application to the Ministry for the legal protection of an idea, invention, creative work, trademark or any other form of intellectual property in accordance with the UAE intellectual property laws.
2. Int.
With the acceleration of technological progress, access to the intellectual property, and even theft thereof, is becoming
easier every day.
Thus, the need for legislation guaranteeing the protection of creative products. And ideas and inventions has become
more urgent than ever. Accordingly, Intellectual Property Protection, Patent Registration and other laws began to
develop in recent times.
The UAE has always recognized the importance of the robust and effective protection of intellectual property to ensure
the rights of others, and the Ministry of Economy is the body responsible for, amongst others, the implementation and
regulation of such intellectual property protection legislation as well as the registration of various forms of intellectual
property.
This article will consider the steps for submitting an application to the Ministry for the legal protection of an idea,
invention, creative work, trademark or any other form of intellectual property in accordance with the UAE intellectual
property laws.
3. What are Patent?
A patent refers to the document issued by the Ministry providing the holder thereof, for a
prescribed period, with the absolute right in respect of an invention he/she has created. The
patent provides the holder with the right to prevent other parties from manufacturing, selling
or utilizing the invention in the country or jurisdiction where the patent was issued.
In order to obtain a patent, the product invented must be new, useful, and original.
Inventions may include machines, new methods, manufactured products, configurations,
improvements etc.
The patent represents a legal mechanism to protect the inventor’s idea from theft,
production, reproduction, or the amendment of the idea in a way that infringes the rights of
the original owner of the idea. It is an instrument that serves to guarantee the preservation
of the creator’s material rights in respect of the innovation or invention.
4. To Whom Patents are Granted
A patent may granted in respect of a new invention or any original, innovative
creative idea that has its own tangible scientific and practical usefulness, or any work
that greatly improves or modifies an existing invention. Furthermore, the invention
must be effective for industrial use and based on valid scientific principles and
foundations.
5. Non-Patentable Areas
Despite the presence of many innovative and new ideas, there are those that cannot be
patented, including:
Biological, plant and animal products and research in general, with the exception of the
means, methods and products of microbiology;
Means of diagnosis and treatment, whether for humans or animals, where this knowledge
must be made available for the public benefit and for the benefit of society;
Scientific principles and theories, and mathematical methods;
Methods and means of practicing certain commercial activities, a specific business, game, or
mental practices;
Any invention that may cause a breach of public decency, public morals, or public order.
6. How do I Register a Patent?
Should an inventor have an idea for an exclusive and innovative invention. Which
complies with the conditions as set out above. They may apply for a patent
registration through the website of the Ministry of Economy.
7. What is a Trademarks?
Article 2 of the Federal Law No. 37 of 1992 Concerning Trademarks defines a
trademark as anything that takes a distinctive shape composed of names, words,
signatures, letters, numbers, drawings, symbols, addresses, hallmarks, stamps,
pictures, engravings, advertisements, packages or any other mark or a combination
thereof if used or meant to be used either in distinguishing goods, products or
services of whatever origin, or establishing that the goods or products are owned by
the owner of the Trademark because he manufactures, selects or trades therein, or
that a service has been rendered.
A sound shall be considered part of the Trademark if it is accompanying it.
8. How to Register a Trademark?
The trademark registration application is submitted on the website of the Ministry of
Economy website, and the following documents are required:
Image of the trademark;
A copy of the trade license;
Legal agency;
Priority document;
A copy of the applicant’s passport;
Any other documentation which may required by the Ministry from time to time.
9. Who is Permitted to Register a
Trademark?
There are four types of applicants entitle to register their own trademark, namely:
Citizens of the UAE, whether a natural or legal person, as long as such person engages
in commercial, professional, or industrial work.
Foreigners who are in the UAE, whether a natural or legal person, as long such person
carries out commercial, professional, or industrial work.
Foreigners who are natural or legal persons and engage in any business, industry,
craft, or service business in any of the countries holding a reciprocal relationship with
the UAE.
Other legal persons.
10. What is Protected by Intellectual
Property Laws?
Books, Magazines and Articles;
Software, Applications, Databases, and other programmed innovations;
Speeches, Lectures and other innovative audio items;
Movies, TV series and Commercials;
Music and Songs;
Engineering Drawings and Architectural Plans;
Drawings, Sketches, Sculptures, Engravings, and Engraving on metals, woods, and
stones;
Photographs and video clips.
11. How to Register Workbooks?
The workbooks registered with the Ministry of Economy of the UAE. And the
application for registration submitted on the Ministry’s Website to protect the rights
of authors of such workbooks.