Maintaining Your Industrial Design
To safeguard your designs in the UAE, adopt a proactive approach to manage your Industrial Design. Once granted, adhere to specific timelines and regulations outlined by MoEc to ensure continuous protection of your intellectual property.
This includes timely payment of maintenance fees and compliance with additional regulations governing upkeep. By remaining vigilant and fulfilling these obligations, you not only preserve exclusive rights to your design but also contribute to a robust intellectual property landscape in the UAE.
Regularly assess the strategic relevance of your Industrial Design and adapt to any changes in business or market dynamics for optimal long-term impact.
Maintaining Industrial Designs primarily involves paying annual fees. These fees are payable to the Development of Innovation in the Economy and Patents Department (DIEPD) at MoEc at the beginning of each year of protection, starting from the year following the filing of the application.
If you don't pay the annual fees within 9 months from the first grace period of 3 months, the industrial design will permanently lapse. It's important to pay these fees even while the application is still being processed.
Fees vary based on the below:
AED 100 to AED 2,000 per year AED for SMEs and Academic Institutions depending on year of protection.
AED 200 to AED 4,000 per year for any other type of applicant depending on year of protection.
MoEc provides various services for maintaining your Industrial Designs. You can find them on their Patent and Industrial Design Portal under the Modification & Maintenance Service dropdown menu in the Services section.
Patent and Industrial Design Portal
List of Services:
Modification & Maintenance Services
Pay Annual Fee
Request Post Grant Re-examination
Owner Data Modification
Submit Post Grant Amendment
Inventor / Designer Data Modification
Appeal to Committee on Post-Grant Re-examination Result
Register License
Appeal to Committee on Rejection
Terminate License
Designate, Dismiss Agent
Register Pledge
Resign From Agent
Voluntary Withdraw / Abandon
Document Services & E-Service Conversion
Document Service (Extract, Re-Issue Certificate, etc.)
Request Copy of Application for Priority Claim
Agents
Renew Registration of Industrial Property Agent
Apply for Agent Registration
Protecting your Industrial Design is important, whether you do it alone or with legal help. Catching out potential infringements early is key to stopping others from using or replicating your design.
IP Attorneys can be hired to survey the market and look out for any potential infringement cases, allowing for quick and efficient action where needed. When they spot a case, you will be informed and asked about the course of action you’d like to take.
Here are the likely steps that can be taken to safeguard your Industrial Design(s):
Market Surveillance Done by Yourself or an IP Attorney on Your Behalf
Identify Potential Infringement
Analyze Infringement Claim Under the Following Grounds - this Step is Necessary to Make a Strong Case to the Authorities:
• Manufacturing or using the product
• Offering the product for sale
• Selling the product
• Importing the product
Seek Legal Action - Likely Through an IP Attorney
• Issue a cease and desist notice - this is a legal document that informs the infringer of your Industrial Design rights. Doing this can help avoid escalating the issue to a legal case.
• If this fails, consider court proceedings and whether this suits your strategy.
Attend Court Proceedings with Your Research and Case Prepared for Judicial Review
Court Decision Enforced
Where to Enforce Your Rights
There are a number of Government entities that have a role in infringement and enforcement cases in the UAE. These include: Dubai Courts, Federal Court and DIFC.
The UAE follows civil law. There are no specific IP courts, but within the Federal Court system in Abu Dhabi, there's a judicial circuit where judges receive training in IP.
In the case of Dubai Courts, cases typically start in the Court of First Instance, with appeals going to the Court of Appeal. Legal questions can be taken to the Court of Cassation.
Cases are similarly handled in all the other Emirates. Dubai, Abu Dhabi and Ras Al Khaimah have their own local courts for civil cases. While the remaining Emirates handle cases through the Federal Court in Abu Dhabi.
The UAE has two free zones with their own courts: DIFC and Abu Dhabi Global Market (ADGM). If a party is in these zones - the infringement happens there - or in the case both parties agree, the case can go to the common law courts of DIFC and ADGM, where proceedings are in English.
The procedures for these courts are similar to those of Dubai Courts. The key distinction between each is that local courts require cases to be in Arabic, while DIFC and ADGM require cases to be in English.
Recognize the value of your designs in the UAE by exploring the business opportunities of Industrial Designs. Turning your designs into marketable assets is key. Whether through licensing, partnerships, or developing your own products, commercializing industrial designs helps you grow your business.
In Dubai's active market, finding clever ways to commercialize your industrial designs can increase your visibility, boost earnings, and have a lasting impact on the ever-changing world of innovation and industry.
In Industrial Design licensing all parties involved get complete information to decide the terms of the licensing agreement. This includes how exclusive it is, where it can be used, and the overall agreement scope.
To ensure fairness, there are guidelines in place to protect both the licensor and licensee:
The License Agreement can't be longer than the remaining time the Industrial Design Registration is valid.
All Industrial Design license agreements must be signed and notarized by a notary public, with all appointed signatories present.
All Industrial Design license agreements must be legally translated into Arabic.
Connect with trusted IP Attorneys to include IP in your business strategy. You might be surprised how much IP your business has.
Prominent UAE IP Attorneys explain:
"Many people have IP sitting in their drawers; for example, your business plan is an IP, the way you do business internally, your policies, and how you direct your employees are all considered IP."
