The protection of IP in the UAE
The protection of IP in the United Arab Emirates (UAE) is typically regulated and organised by the Ministry of Economy (MOE). The organisation’s concern about IP protection, especially rights relating to patents, is clear from its efforts to create a climate that encourages investment, trade and economic growth.
The UAE government is keen to arm the private sector with all the knowledge necessary to enable it to perform its role in sustainable development.
Future roadmaps
In October 2019, the MOE and France’s National Institute of Industrial Property (INPI), represented by its director general, Pascal Faure, signed a roadmap for 2019–2020 aimed at strengthening the IP applications at the MOE headquarters in Dubai.
The roadmap included several clauses, including the strengthening of awareness around the importance of registering the IP of small to medium-sized enterprise (SME) owners, the training of examiners from the International Centre for Patent Registration, and raising awareness of IP among students through workshops and training courses.
The plan also included provisions for sending students to universities outside the UAE, training patent agents accredited at the MOE on how to formulate patent applications, enhancing the means of collaboration in artificial intelligence in IP between the two sides, and the launch of an educational online game in IP.
The roadmap reflected the UAE’s keenness to enhance its position in IP due to the role of this important sector in generating innovation, business and the development climate.
Supporting inventors
The MOE works closely with the concerned entities in the UAE on developing laws and regulations governing the IP sector in its various activities and areas, in accordance with the best recognised practices globally.
In June 2018, the MOE signed a memorandum of understanding with the INPI to provide training for a national cadre, to raise awareness among university graduates and research centres about the process involved in registering patents, and to support innovation-based SMEs in the UAE to upgrade their position in the global innovation index.
To accelerate the UAE Vision 2021, the Abu Dhabi Economic Vision 2030 and the National Innovation Strategy, the MOE collaborated with the Department of Economic Development through the Takamul programme.
Launched in 2011, Takamul is a UAE programme to support inventors and promote innovation across the country. Takamul focuses on making the UAE one of the most forward-thinking regions in the world by supporting the creative cycle.
“The roadmap reflected the UAE’s keenness to enhance its position in IP due to the role of this important sector in generating innovation, business and the development climate.” - Raka Roy, Galadari Law
In 2018, the MOE launched the Technology and Innovators Pioneers programme (TIP), the first integrated innovation platform in the Middle East. This enables interaction between inventors from universities, innovation centres, research centres, worldwide SMEs and finance entities in technological fields, showcasing the challenges and sustainable solutions that confront targeted sectors.
TIP also helps to link global platforms, attracting SMEs and implementing their technologies in the UAE, as well as supporting an innovative environment and national entrepreneurship.
The Federal Customs Authority (FCA) has released encouraging figures indicating the efforts of local customs and IP enforcement towards protecting IP assets and strengthening them.
In 2020, more than 923,000 counterfeit products were seized by the UAE's customs departments and 41 violations of IP rights were also detected. More than 70 percent of the raids involved fake goods that had arrived by sea, while items flown in as air cargo accounted for 19 percent of the seizures. Land transport, parcels and couriers represented the remainder of the attempted fake imports.
In 2020, the UAE customs sector held meetings with international partners, such as the US and the EU, to shore up cooperation and exchange best practices in enforcing IP rights. In 2021, the FCA also launched a consultation council with the private sector to strengthen efforts in various domains to protect IP rights, sharing information and expertise.
Despite the pandemic, more than 124 training activities were conducted to increase the capabilities of customs inspectors and those working in IP.
Further growth in the IP economy
One of the major reasons behind the UAE’s accelerated initiative towards IP protection and best practices is to encourage business and participants worldwide to showcase their brands in the upcoming world event, Expo 2020. This was originally scheduled to start in late October 2020 in Dubai. However, due to COVID-19’s impact in the UAE, it will now run from October 1, 2021 to March 31, 2022.
The MOE is hoping to take advantage of the 25 million visitors who are expected to attend. The resulting rise in the number of goods and services in the market will require companies to register their logos, trademarks and designs in order to protect against unauthorised or counterfeit goods.
Like the revenue model of international events such as the Olympic Games, an Expo 2020 special committee has been tasked with revenue generation through finding commercial partners and official sponsors who can, in turn, use the trademarks and logos associated with Expo.
Additionally, companies may undergo IP clearance checks to ensure that their event concepts do not overlap with existing works by third parties. Through investing in their IP assets before Expo 2020, companies will contribute to the growth of IP in the UAE.
Raka Roy is Head of IP and Data Protection at Galadari Advocates & Legal Consultants. She can be contacted at: raka@galadarilaw.com
