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Maintaining Your Plant Variety

After obtaining protection for your Plant Variety, it's crucial to maintain this status to ensure your rights remain active. Once granted, follow specific timelines and rules set by the MoCCAE to ensure ongoing protection of your Intellectual Property.

This includes applying for an annual renewal service free of cost. By staying watchful and meeting these responsibilities, you not only keep exclusive rights to your invention but also help create a strong Intellectual Property scene in Dubai.

Renew a Protection Certificate for a New Plant Variety

Enforce Your Rights

Generally, protecting your Plant Variety is a proactive effort essential for safeguarding your breeding achievements and commercial interests. Early detection of potential infringements is crucial to prevent unauthorized use or replication of your Plant Variety.

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 Plant Variety(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:

• Unauthorized cultivation of the protected variety

• Sale of the protected variety

• Distribution of the protected variety

• Importation of the protected variety

Seek Legal Action - Likely Through an IP Attorney

• Initiate with a cease-and-desist notice, a formal letter that notifies the infringer of your rights and requests cessation of the infringing activity. This step aims to resolve the issue amicably without resorting to litigation.

• 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

Given the specialized nature of Plant Variety protection and the complexities involved in enforcement we recommend that you seek help from an IP Attorney. They possess the necessary expertise and experience to navigate the legal landscape, ensuring your rights are robustly protected. Engaging legal professionals can streamline the enforcement process, potentially saving time and resources while preventing prolonged legal disputes.

Where to Enforce Your Rights

There are a number of Government entities that have a role in infringement and enforcement cases in Dubai. 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 free zones where IP cases can also be handled, DIFC. If a party is in this free zone – the infringement happens there - or in the case where 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.

Commercialize Your Plant Variety

Dubai's economy is significantly bolstered by its logistics sector, which accounts for more than 14% of the UAE’s Gross Domestic Product. It stands as a pivotal regional trade gateway, bridging the East and West through substantial investments in transport infrastructure and logistics capabilities.

Unlock the commercial potential of your Plant Varieties in Dubai by delving into the nuances of Plant Variety. The journey from breeding to commercialization is pivotal, transforming your new Plant Varieties into valuable market assets. Through licensing agreements, partnerships, or by launching proprietary products, commercialization leverages your Plant Varieties to foster business growth and innovation.

Dubai’s dynamic market offers fertile ground for introducing new Plant Varieties. By smartly commercializing your protected varieties, you can enhance your market presence, generate revenue, and contribute to the agricultural sector's evolution.

Under the Federal Law No. (17) of 2009 Concerning the Protection of New Plant Species, commercialization strategies, including licensing, are facilitated with clear guidelines ensuring transparency and fairness in agreements between breeders and licensees:

To ensure fairness, there are guidelines in place to protect both the licensor and licensee:

The term of a license agreement can't be longer than the term of Plant Variety validity.

All IP license agreements must be signed and notarized by a notary public, with all appointed signatories present.

All IP license agreements must be legally translated into Arabic for maximum protection if you're planning to go through Dubai Court.

Connect with our 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."

Plant Varieties.
Manage Your Plant Variety.

Each service will take you to the right Government entity, like the Ministry of Climate Change and Environment (MoCCAE), Dubai Police, Dubai International Financial Centre (DIFC), or the Federal Court. They all play a role in safeguarding your creation.

Use the Table of Contents on the left side of the screen to navigate to the relevant section.

Table of Contents

Table of Contents

Here are the likely steps that can be taken to safeguard your Plant Variety(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:

Seek Legal Action - Likely Through an IP Attorney

Attend Court Proceedings with Your Research and Case Prepared for Judicial Review

Court Decision Enforced

Where to Enforce Your Rights

To ensure fairness, there are guidelines in place to protect both the licensor and licensee:

The term of a license agreement can't be longer than the term of Plant Variety validity.

All IP license agreements must be signed and notarized by a notary public, with all appointed signatories present.

All IP license agreements must be legally translated into Arabic for maximum protection if you're planning to go through Dubai Court.

© 2024 Dubai Future Foundation. All Rights Reserved.

Terms of Service

Privacy Policy

Copyrights

Plant Varieties.Manage Your Plant Variety.

Each service will take you to the right Government entity, like the Ministry of Climate Change and Environment (MoCCAE), Dubai Police, Dubai International Financial Centre (DIFC), or the Federal Court. They all play a role in safeguarding your creation.

Use the Table of Contents on the left side of the screen to navigate to the relevant section.

Table of Contents

Table of Contents

Here are the likely steps that can be taken to safeguard your Plant Variety(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:

Seek Legal Action - Likely Through an IP Attorney

Attend Court Proceedings with Your Research and Case Prepared for Judicial Review

Court Decision Enforced

Where to Enforce Your Rights

To ensure fairness, there are guidelines in place to protect both the licensor and licensee:

The term of a license agreement can't be longer than the term of Plant Variety validity.

All IP license agreements must be signed and notarized by a notary public, with all appointed signatories present.

All IP license agreements must be legally translated into Arabic for maximum protection if you're planning to go through Dubai Court.

© 2024 Dubai Future Foundation. All Rights Reserved.

Terms of Service

Privacy Policy

Copyrights

Plant Varieties.
Manage Your Plant Variety.

Use the Table of Contents on the left side of the screen to navigate to the relevant section.