To protect your innovations in Dubai, make sure to maintain your IC by following the rules and timelines set by the MoEc after it's granted.
Make sure to pay the maintenance fees on time and follow the rules for IC upkeep. By doing this, you keep the rights to your layout design and support a strong intellectual property environment in Dubai. Check regularly if the IC matches your business goals and adjust as needed for long-term success.
The key part of maintaining IC is paying the yearly fees. These fees are due to the Development of Innovation in the Economy and Patents Department (DIEPD) at MoEc at the start of each year of protection, beginning from the year after you filed the application.
If you don't pay the fees within 9 months from the first grace period of 3 months, the IC 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 100-2,000 per year for SMEs and Academic Institutions depending on year of protection.
AED 200-4,000 per year for any other type of applicant depending on year of protection.
MoEc provides various services for maintaining your IC. You can find them on their Patent and Industrial Design Portal under the Modification & Maintenance Service dropdown menu in the Services section.
List of Services:
Modification & Maintenance Services
Pay Annual Fee
Terminate Pledge
Submit Amendment or Missing Documents
Voluntary Withdraw / Abandon
Owner Data Modification
Request Post Grant Re-examination
Inventor / Designer Data Modification
Submit Post Grant Amendment
Ownership Change and Owner Type Change
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
Document Services & E-Service Conversion
Document Services (Extract, Re-Issue Certificate, etc.)
Agents (For IP Attorneys only)
Renew Registration of Industrial Property Agent
Apply for Agent Registration
Protecting your IC requires taking action early to stop others from using or copying your topography. You can do this on your own or with legal help.
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 IC(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 IC 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.
Dubai has a free zone which can also handle IP cases, DIFC. If a party is in this zone - the infringement happens there - or in the case both parties agree, the case can go to the common law courts of DIFC, 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 requires cases to be in English.
Discover the worth of your topography in the UAE by exploring the business aspect of ICs. Transforming your protected layout designs into real market products is what commercialization means. You can do this through licensing, partnerships, or making your own products, helping your business expand.
In Dubai's busy market, clever ways to market your ICs can increase your visibility, increase earnings, and make a lasting impact in the world of innovation and industr
In IC 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 IC is valid.
All license agreements must be signed and notarized by a notary public, with all appointed signatories present.
All license agreements must be legally translated into Arabic.
Connect with our trusted IP Attorneys to include IP in your business strategy. You might be surprised by 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."
