Can the BPG assist with protecting my trade mark?
The remit of the BPG is to provide a forum for brand owners to come together to collectively influence positive change in the intellectual property enforcement environment in the GCC/Yemen region. As such, its remit is not to assist individual brand owners with protecting trademarks.
Individual brand owners wishing to register or enforce their trademarks should approach a reputable firm expert in the area for assistance.
How does the BPG operate?
The BPG brings together brand owners and service providers with a common interest in one organization. Voting brand owner members elect a board. Board members will then take responsibility for leading on various work streams, aimed at promoting Intellectual Property best practice in the region.
Some example work streams might include:
- Member Relations
- Partner Relations
- Communication Publicity Awareness
- Strategy and Development
- Special Projects
What are the benefits of BPG membership?
Membership offers an opportunity to network and share experiences with other brand owners with common interests and also avails members the opportunity to be involved in lobbying, with the weight of a group of brand owners, for necessary changes in the intellectual property enforcement environment. BPG members will also have exclusive access to various training and other BPG organized events and information collected and made available to BPG members only.
What are the types and costs of BPG memberships?
Various levels of membership exists. Please see the following table which lists the types and costs of membership as well as the benefits of each.
Can I have a say in the objectives of BPG?
Yes absolutely. Voting members may attend the annual strategy meeting. All members may attend general meetings and voice their views. Membership of individual clusters is strongly recommended and provides an opportunity to shape the objectives of such clusters.
Historical succession of intellectual property legislations in the UAE
Protection of intellectual property in the UAE commenced when the UAE was formed in 1971 as the UAE’s Constitution protects and honors intellectual property in general as it is evident in Article 21 of the Constitution that states “intellectual property is well protected”, and also evident in Article 121 that assigned to the Federation the task of promulgating the intellectual property law stating “…the Federation shall solely promulgate the following: …protection of literary, artistic, industrial, and copyrights – printed materials and publications…”. Moreover, Article 107 of the Civil Transactions Law of the UAE states that “moral rights are those that apply to immaterial things” and “special regulations of the Law apply to rights of authors, inventors, artists, trademarks, and other moral rights.”
The UAE joined WIPO in 1975. In 1994, the UAE joined the GATT agreement relating to the trade of goods and commodities. The GATT agreement required that intellectual property protection laws exist and, as such, Federal Law No. 40 of 1992 regarding copyrights was issued which was later repealed by Federal Law No. 7 of 2002 regarding copyrights and related rights. Federal Law No. 37 of 1992 regarding trademarks was also issued and later amended by Law No. 8 of 2002. In addition, Federal Law No. 44 of 1992 regarding regulating and protecting industrial property of patents, designs, and prototypes which was later amended by Federal Law No. 17 of 2002.
The UAE also joined the World Trade Organization (WTO) in 1996 which required updating the legislations of countries in order to meet the new international requirements. The WTO reviews the intellectual property laws of the UAE periodically as reviewing the intellectual property legislations was completed in 2001 and the results were positive.
International treaties that the UAE has joined
In order to be effective, intellectual property laws must be consistent with the principles of international treaties in the field of intellectual property that have appeared as a result of the needs of countries. These principles must be incorporated in the national legislations of each country and regulated with flexibility and away from complex procedures that could affect the commercial activities and performance of different countries or hinder or delay commercial trade between different countries. Recognizing the importance of international cooperation in pursuit of the development of intellectual property protection, the UAE joined many international treaties that are governed by international organizations specialized in this field.
International treaties in the field of intellectual Property
- Joining WIPO Treaty (in 1974)
- TRIPS Agreement on Trade-related Aspects of Intellectual Property Rights (in 1994)
First: in the domain of trademarks:
- PARIS Convention for the Protection of Industrial Property (in 1996)
Second: in the domain of patents:
- Cooperation Treaty for Patents (in 1998)
- GCC Patents Office (in 1998)
Third: in the domain of copyrights and related rights:
- BERNE Convention for the Protection of Literary and Artistic Works (in 2004)
- ROME Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (in 2004)
- WIPO Copyright Treaty (WCT) (in 2004)
- WIPO Performances and Phonograms Treaty (WPPT) (in 2005)
Intellectual property in the UAE is divided into copyrights and related rights, trademarks, and industrial patents, designs and prototypes.
* Source: Ministry of Economy, Abu Dhabi Office, P.O.Box: 904, Telephone: 026271100