“Do you know that the IP protection in the UAE goes back to the 1971 when the UAE was formed?
IP Succession in UAE
Intellectual property laws have been inherent to the UAE ever since the drafting of a set of IP laws in the 1990s. 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…”.
Preserving innovation is considered pivotal in the United Arab Emirates, with organizations and individuals striving to discover breakthroughs in various fields, day in and day out. As a country, the UAE has always incorporated strategic policies that safeguard intellectual pursuits and combat counterfeiting through developing a robust IP regime. Although the enforcement of the Intellectual Property regulations can differ between jurisdictions, there have been specific inter-governmental endeavors for synchronizing these laws with respect to global treaties.
01. Legislations and regulations.
Trademarks:
- Regulations for the Protection of Confidential Commercial Information. as authorized by The Council of Ministers Decision no. (50) dated 25/02/1426H (4 April 2005)
- GCC Trademarks Law
- Executive Regulations of Trademark Law countries of the Cooperation for the Arab States of the Gulf approved by the Trade Cooperation Committee of the Cooperation Council 3/8/1436 AH.
- Statute of the Saudi Authority for Intellectual Property Council of Ministers Resolution No. 496 May 29, 2018
Copyrights:
- Regulations for the Optional Registration of Copyright Works. 18 February 2022
- Copyright Law issued by Royal Decree No. M / 41 dated 2/7/1424 AH amended by the Decision of the Council of Ministers No. 536 dated 19/10/1439 AH
- IMPLEMENTING REGULATIONS Of Copyright Law. Amended by the Resolution of the Board of Directors of the Saudi Intellectual Property Authority No. (4/8/2019) dated 4/9/1440 AH (9 May 2019)
- Statute of the Saudi Authority for Intellectual Property Council of Ministers Resolution No. 496 May 29, 2018
Patents:
- The Patent System for the countries of the Cooperation Council for the Arab States of the Gulf dated (3/4/2022).
- Executive Rules for the Compulsory Licensing of Patents dated 27/6/2022.
- Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs Issued by Royal Decree No. M/ 27 dated on 29/5/1425 AH and amended by Cabinet Resolution No. 536 and dated on 10/19/1439 AH.
- The Implementing Regulations of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs amended by the Board of Directors of the Saudi Authority for Intellectual Property No. (5/8/2019) dated on 04/09/1440 AH.
- Statute of the Saudi Authority for Intellectual Property Council of Ministers Resolution No. 496 May 29, 2018
02. World Intellectual property treaties.
The kingdom of Saudi Arabia (KSA) is a member of the following IP world treaties:
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- Paris Convention for the Protection of Industrial Property.
- World Intellectual Property Organization (WIPO) Convention Establishing the World Intellectual Property Organization.
- Gulf Cooperation Council (the “GCC”) Trademark Law.
- Economic Agreement Between the GCC States. The Cooperation Council of the Arab States of the Gulf. (GCC)
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and the Patent Law Treaty
- Berne Convention for the Protection of Literary and Artistic Works.
- Locarno Agreement Establishing an International Classification for Industrial Designs.
- Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled
- Nairobi Treaty on the Protection of the Olympic Symbol.
- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
- WIPO Patent Law Treaty.
- Strasbourg Agreement Concerning the international Patent Classification
- Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks.
- Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) – 1996
- Paris Convention for the Protection of Industrial Property.
- The Cooperation Council of the Arab States of the Gulf. (GCC)
01. Legislations and regulations.
Trademarks:
- Federal Decree-Law no. (36) of 2021 Issued on 20/09/2021
- Cabinet of Ministers Resolution No. (57) of 2022 regarding the Executive Regulations of Federal Law No. (36) of 2021 for Trademarks
Copyrights:
- Ministerial Decision No.411 of 1993 on Control over Protected Works with the Provisions of the Federal Law no. 40 of 1992 on the Protection of Intellectual Works and copyrights issued 1/9/1993.
- Federal Law No. (7) of 2002 In respect of Author Copyrights & Parallel Rights
- Ministerial Decision No.133 of 2004 on Collective Management of Copyright and related Rights issued 3/22/2004
- Federal Decree-Law no. (38) of 2021 Issued on 20/09/2021 Corresponding to 13/Safar/1443H.ON COPYRIGHTS AND NEIGBOURING RIGHTS
Patents:
- Federal Decree No.84 of 1998 on the Accession to the Patent Cooperation Treaty.
- Federal Law No.17 of 2002 on the Regulation and Protection of Industrial Property for Patents and Industrial Designs [amended by Federal Law No.31 of October 1,2006]
- Federal Law No. 31 of 2016, promulgated by Law No. 17 of 2002 on Regulation and Protection of Industrial Property of Patents, Industrial Drawings and Designs.
- Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights.
02. World Intellectual property treaties.
The United Arab Emirates (U.A.E) is a member of the following IP world treaties:
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- Paris Convention for the Protection of Industrial Property. [WIPO]
- World Intellectual Property Organization (WIPO) Convention Establishing the World Intellectual Property Organization.
- Gulf Cooperation Council (the “GCC”) Trademark Law.
- Economic Agreement Between the GCC States. The Cooperation Council of the Arab States of the Gulf. (GCC)
- Establishing an International Classification of the Figurative Elements of Marks.
- Beijing Treaty on Audio-visual Performances [WIPO]
- Berne Convention for the Protection of Literary and Artistic Works [WIPO]
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. [WIPO]
- Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled.
- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
- Patent Cooperation Treaty [WIPO]
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. [WIPO]
- Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. [ WIPO]
- Strasbourg Agreement Concerning the International Patent Classification. [WIPO]
- WIPO Copyright Treaty [WIPO]
- WIPO Performances and Phonograms Treaty. [WIPO]
- Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) – 1996
01. Legislations and regulations.
Trademarks:
- Law No.9 of 2002 with respect to Trademarks, Trade Indications, Trade names, Geographical Indications and Industrial Designs and Templates 9/2002.
- Law No.7 of 2014 on Approval of the Trademarks Law of the Gulf Cooperation Council States issued 8/6/2014
Patents :
- Patent Law (Promulgated by Decree-Law No.30 of 2006).
- Decree No.36 of 2011 on the Ratification of the Accession to the Patent Cooperation Treaty (PCT) 36/2011.
- Decision No.153 of 2018 of the Minister of Economy and Trade on the Implementation of the Patent law issued by decree- Law No.30 of 2006. Adopted 01/05/2018
02. World Intellectual property treaties.
Qatar is a member of the following IP world treaties:
- Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) – 1996
- Berne Convention for the Protection of Literary and Artistic Works [WIPO]
- Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. [ WIPO]
- WIPO Copyright Treaty [WIPO]
- Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled
- Beijing Treaty on Audio-visual Performances [WIPO]
- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
- Patent Cooperation Treaty (PCT)
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and the Patent Law Treaty
- Nairobi Treaty on the Protection of the Olympic Symbol [WIPO]
- WIPO Copyright Treaty [WIPO]
- WIPO Performances and Phonograms Treaty. [WIPO]
- Economic Agreement Between the GCC States. The Cooperation Council of the Arab States of the Gulf. (GCC)
01. Legislations and regulations.
Trademarks:
Copyrights :
- Law on the Protection of Copyrights and Neighbouring Rights (promulgated by Royal Decree No.37/2000)
- Law on Copyright and Neighbouring Rights (Promulgated by Royal Decree No.65/2008)
- Decision No.103/2008 of Ministry of Trade and Industry Issuance of the Executive Regulations of the Law on Copyrights and Neighbouring Rights.
02. World Intellectual property treaties
Oman is a member of the following IP world Treaties:
- Berne Convention for the Protection of Literary and Artistic Works. [WIPO]
- Brussels Conventional Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite. [WIPO]
- Budapest Treaty on the international Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. [WIPO]
- Convention Establishing the World Intellectual Property Organization. [WIPO]
- Hague Agreement Concerning the International Registration of Industrial Designs. [WIPO]
- Lisbon Agreement for the Protection of Appellation of Origin and their International Registration. [WIPO]
- Nairobi Treaty on the Protection of the Olympic Symbol [WIPO]
- Paris Convention of the Protection of Industrial Property. [WIPO]
- Patent Cooperation Treaty [WIPO]
- Patent Law Treaty [WIPO]
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. [WIPO]
- Trademark Law Treaty [WIPO]
- Copyright Treaty [WIPO]
- Performances and Phonograms Treaty [WIPO]
- Economic Agreement between the GCC States [Cooperation Council for the Arab States of the Gulf (GCC)]
- Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. [WIPO]
- TRIPS Agreements World Trade Organization (WTO).
- Economic Agreement Between the GCC States. The Cooperation Council of the Arab States of the Gulf (GCC)
01. Legislations and regulations.
Trademarks:
02. World Intellectual property treaties.
Kuwait is a member of the following IP World Treaties:
- Berne Convention for the Protection of Literary and Artistic Works [WIPO]
- Convention Establishing the Intellectual Property Organization [WIPO]
- Paris Convention for the Protection of Industrial Property [WIPO]
- Patent Cooperation Treaty [WIPO]
- TRIPS Agreements World Trade Organization (WTO).
- Economic Agreement Between the GCC States. The Cooperation Council of the Arab States of the Gulf. (GCC)
01. Legislations and regulations.
Trademarks:
Patents:
- Law No.1 of 2004 on Patents and Utility Models. Promulgated 24/1/2004
- Law No.19 of 2005 on Approval of the Accession of the Kingdom of Bahrain to the Patent Law Treaty [PLT] and Regulations. Adopted 10/7 2005.
- Law No.44 of 2005 on Approval of the Accession of the Kingdom of Bahrain to the Patent Cooperation Treaty [PCT] and its Regulations. Adopted 31/12/2005.
- Decision No.102 of 2018 Specifying the Schedule of Fees for the Registration of Patents and Utility Models.
- Decision No.101 of 2018 on the Issuance of the Implementing Regulations of Law No.1 of 2004 on Patents and Utility Models.
02. World Intellectual property treaties.
Bahrain is a member of the following IP world Treaties:
- Berne Convention for the Protection of Literary and Artistic Works [WIPO]
- Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite. [WIPO]
- Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite. [WIPO]
- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks [WIPO]
- Convention Establishing the Intellectual Property Organization [WIPO]
- Paris Convention for the Protection of Industrial Property [WIPO]
- Patent Cooperation Treaty [WIPO]
- Patent Law Treaty [WIPO].
- TRIPS Agreements World Trade Organization (WTO).
- Economic Agreement Between the GCC States. The Cooperation Council of the Arab States of the Gulf (GCC).
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
- Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. [WIPO]
- Trademark Law Treaty [WIPO]
- Copyright Treaty [WIPO]
- Performances and Phonograms Treaty [WIPO]
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Sources for reference.
- https://www.wipo.int/wipolex/en/members/profile/SA
- https://www.wipo.int/wipolex/en/members/profile/AE
- https://www.wipo.int/wipolex/en/members/profile/QA
- https://www.wipo.int/wipolex/en/members/profile/OM
- https://www.wipo.int/wipolex/en/members/profile/KW
- https://www.wipo.int/wipolex/en/members/profile/BH
- https://www.saip.gov.sa/en/privacy-legislation/#regulations_and_regulations
- https://u.ae/en/information-and-services/business/intellectual-property#:~:text=According%20to%20Federal%20Law%20No,of%20expression%2C%20significance%20or%20purpose.
- https://moci.gov.kw/en/
- https://www.moci.gov.qa/en/about-the-ministry/departments/departments-under-the-assistant-deputy-of-commerce-affairs/intellectual-property-rights-protection-department/
- https://www.bahrain.bh/new/en/intellectualprop_en.html
- https://tejarah.gov.om/eng
- https://www.kashishworld.com/ip-rights-in-ip-organizations/Gcc
- https://abounaja.com/blogs/ip-protection-in-the-middle-east
- https://gulfresearchmeeting.net/documents/1584521384104_WS5%20-%20Intellectual%20Property%20in%20the%20new%20era%20in%20the%20GCC%20states%20%20Enforcement%20and%20Opportunity.pdf