Legislation Details
- Full Title: Federal Law on the Regulation and Protection of Industrial Property Rights
- Law Type: Federal Law
- Law Number: (11) of 2021
- Issued Date: 19 May 2021
- Effective Date: 01 Dec 2021
- Official Gazette: No. 703
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 179
- Chapters/Parts: 0
- Amendments: 1
Summary
This Federal Law regulates and protects industrial property rights in the United Arab Emirates, including patents, utility model certificates, industrial designs, integrated circuits, and undisclosed information. Its purpose is to promote knowledge and innovation in the UAE and enhance the country's competitiveness in industrial property rights in line with international best practices. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 2) The law applies to industrial property rights registered in the UAE, including in free zones, and grants the same rights to UAE citizens and foreigners from countries with reciprocity agreements. It establishes detailed requirements and procedures for obtaining various forms of industrial property protection, as well as the rights and obligations of rights holders. The law also empowers authorities to enforce industrial property rights and impose penalties for non-compliance. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 3-4, 69)
What is the scope and purpose of this law?
The scope of this law is to regulate and protect industrial property rights in the UAE, including patents, utility model certificates, industrial designs, integrated circuits, and undisclosed information. Its key objectives are to: 1. Protect industrial property and regulate the procedures for registration, use, exploitation, and transfer to promote knowledge and innovation in the UAE. 2. Enhance the UAE's competitiveness in the field of industrial property rights in accordance with international best practices. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 2) The law applies to industrial property rights registered in the UAE, including in free zones, and grants the same rights to UAE citizens and foreigners from countries with reciprocity agreements. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 3)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- Ministry: Ministry of Economy
- Minister: Minister of Economy
- Committee: The Grievance Committee formed by a decision of the Cabinet
- Court: Abu Dhabi Federal Court of Appeal
- ICPR: International Center for Patent Registration at the Ministry
- Industrial Property: The rights attached to patents, utility model certificates, designs, integrated circuits, and undisclosed information
- Protection Title: A document evidencing the protection granted by the Ministry
- Invention: An innovative idea created by the inventor in any technical field for a product and/or process that practically provides a new addition or solution
- Patent: The Protection Title granted by the Ministry for an Invention
- Utility Model Certificate: The Protection Title granted by the Ministry for an innovative step that does not qualify for a Patent
- Industrial Design: A two-dimensional or three-dimensional ornamental or aesthetic aspect of an article
- Industrial Design Certificate: The Protection Title granted by the Ministry for an Industrial Design
- Integrated Circuit: A product, in its final or intermediate form, including elements, at least one of which is an active element, mounted on an insulating material
- Layout-Design Certificate: The Protection Title granted by the Ministry for a three-dimensional disposition prepared for an Integrated Circuit
- Compulsory License: Allowing a person to use an industrial property right without the consent of the rights holder
- Industrial Property Bulletin: The periodic bulletin issued by the Ministry for publishing matters related to this law
- Registration Agent: An agent entered by the Ministry in the list of Registration Agents
- International Application: An application submitted to the Ministry for obtaining a Patent under the Patent Cooperation Treaty (PCT)
- PCT Receiving Office: The national office which receives the International Application
- Register: The register of Industrial Property rights maintained by the Ministry
(Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. Patents and utility model certificates must meet specific requirements to be granted, including being new, involving an inventive step, and being industrially applicable. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 5-6) 2. Certain types of inventions are excluded from patent or utility model certificate protection, such as plant or animal varieties, diagnostic/therapeutic/surgical methods, and business methods. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 7) 3. Detailed requirements are specified for applying for patents, utility model certificates, and industrial designs, including claiming priority of earlier foreign applications. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 9, 11-12, 40-42) 4. Rights holders must comply with the terms and fees for maintaining their patents, utility model certificates, and industrial design registrations. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 18, 45) 5. Compulsory licenses may be granted in certain circumstances without the consent of the rights holder, subject to specified requirements and procedures. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 25-33) 6. Employees of the Ministry are prohibited from engaging in certain acts related to industrial property rights. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 73)
What licensing, registration, or approval requirements exist?
The law establishes the following key licensing, registration, and approval requirements: 1. Patents, utility model certificates, industrial designs, and layout-designs of integrated circuits must be registered with the Ministry to receive protection. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 17, 40, 59) 2. Contractual licenses for industrial property rights must meet certain requirements, such as being in writing and registered with the Ministry. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 49) 3. Compulsory licenses for using industrial property rights without the consent of the rights holder can be granted by the court, subject to specified conditions. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 25-33) 4. Individuals must be registered as "Registration Agents" by the Ministry to act on behalf of applicants for industrial property rights. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 75) 5. International patent applications can be filed with the Ministry's PCT Receiving Office. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 37)
What rights and protections does this law provide?
The key rights and protections provided by this law include: 1. Patents and utility model certificates grant the rights holder the exclusive right to prevent others from making, using, offering for sale, selling, or importing the protected invention. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 19) 2. Industrial design certificates grant the rights holder the exclusive right to prevent others from manufacturing, selling, importing, or using articles incorporating the protected design. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 46) 3. Layout-designs of integrated circuits are protected from unauthorized reproduction, importation, sale, or other commercial exploitation. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 55-57) 4. Undisclosed information, such as trade secrets, is protected from unauthorized disclosure or use in a manner contrary to honest commercial practices. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 61-65) 5. Rights holders can seek compensation for damages and take legal action to prevent infringement of their industrial property rights. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 67-68)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Ministry of Economy is responsible for administering the registration and protection of industrial property rights, including maintaining the Register. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 1, 72) 2. The International Center for Patent Registration (ICPR) at the Ministry is responsible for receiving and processing patent and utility model certificate applications. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 1) 3. The Grievance Committee, formed by a decision of the Cabinet, is responsible for hearing grievances and objections related to decisions made under this law. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 1, 74) 4. The Abu Dhabi Federal Court of Appeal has jurisdiction over actions for the invalidation of patents, utility model certificates, or compulsory licenses. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 1, 35) 5. The law enforcement authorities are responsible for enforcing the provisions of this law and imposing the specified penalties. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 71)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. The legislation states that "Penalties" is a section heading (Article 69), but the text does not provide any details on the actual penalties.
What fees, charges, or financial provisions are specified?
The law states that fees will be charged for various industrial property-related services, but does not specify the exact amounts. Article 76 states: "Fees The Minister shall issue a decision determining the fees for the services provided under this Law and the Executive Regulations thereof." (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 76)
What exemptions or exceptions apply?
The law provides the following key exemptions and exceptions: 1. Certain types of inventions are excluded from patent or utility model certificate protection, such as plant or animal varieties, diagnostic/therapeutic/surgical methods, and business methods. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 7) 2. The law's provisions do not prejudice the provisions of international conventions or treaties to which the UAE is a party, and the rights granted to UAE citizens are also granted to foreigners from countries with reciprocity agreements. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 3) 3. Disclosure of an invention by the inventor or someone who obtained the information from the inventor within 12 months before the filing date does not affect the granting of a patent. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 5) 4. Certain acts, such as private and non-commercial use of layout-designs of integrated circuits, are permitted without requiring a license. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 58)
How are disputes resolved under this law?
The law establishes the following dispute resolution mechanisms: 1. The Grievance Committee, formed by a decision of the Cabinet, is responsible for hearing grievances and objections related to decisions made under this law. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 74) 2. The Abu Dhabi Federal Court of Appeal has jurisdiction over actions for the invalidation of patents, utility model certificates, or compulsory licenses. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 35) 3. The law does not specify any other dispute resolution procedures, such as arbitration or mediation.
What are the key deadlines and time limits?
The law specifies the following key deadlines and time limits: 1. Disclosure of an invention by the inventor or someone who obtained the information from the inventor within 12 months before the filing date does not affect the granting of a patent. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 5) 2. The law does not specify any other deadlines or time limits for filing applications, responding to office actions, or taking other procedural steps.
How does this law interact with other UAE legislation?
The law references and interacts with the following other UAE federal legislation: 1. Federal Law No. (1) of 1972 on the Competencies of the Ministries and Powers of the Ministers 2. Federal Law No. (1) of 1979 Regulating Industrial Affairs 3. Civil Transactions Law promulgated by Federal Law No. (5) of 1985 4. Civil Procedure Code promulgated by Federal Law No. (11) of 1992 5. Commercial Transactions Law promulgated by Federal Law No. (18) of 1993 6. Federal Law No. (17) of 2002 on Regulation and Protection of Industrial Property of Patents, Industrial Drawings and Designs 7. Federal Decree Law No. (2) of 2011 on the Establishment of the National Emergency Crisis and Disasters Management Authority (NCEMA) 8. Federal Law No. (4) of 2012 on the Regulation of Competition 9. Federal Law No. (2) of 2015 on Commercial Companies 10. Federal Law No. (19) of 2016 on Combating Commercial Fraud 11. Federal Law No. (8) of 2019 on Medical Products, the Profession of Pharmacy and Pharmaceutical Facilities The law also references several federal decrees related to the UAE's accession to international treaties on intellectual property. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Preamble)
When did this law come into effect?
This Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights came into effect on 1 December 2021, after being published in the Official Gazette No. 703 on 31 May 2021. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Art. 80) The law repeals the previous Federal Law No. (17) of 2002 on Regulation and Protection of Industrial Property of Patents, Industrial Drawings and Designs. However, the Executive Regulations and other resolutions issued under the previous law will continue to apply until new ones are issued under this new law. (Federal Law on the Regulation and Protection of Industrial Property Rights, 2021, Arts. 78-79)
Source Documents
This article analyses Federal Law on the Regulation and Protection of Industrial Property Rights for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.