Designs and Models

– Patent and Industrial Design Law No. 31 of the year 2006. (The Regulations relating to the latest law are yet to be issued.)

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since September 24, 1974.
– WTO’s TRIPS Agreement, since April 10, 1996.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 19, 1996.

Filing

Applicant: the inventor or his rightful heir, the employer if the design has been obtained through carrying out a joint venture or employment contract; the assignee if the invention has been assigned by an agreement.

Definition: a model or industrial design should meet the requirement of worldwide novelty and be used as an industrial or handicraft product.

Examination: only formal.

Multiple applications: it is no longer possible to file multiple designs applications in the U.A.E. Accordingly, a separate application should be filed for each model in order to have protection of the individual design.

Filing requirements for an application (to be sent to resident agent):
1. A power of attorney, executed by the applicant and duly legalized up to the Consulate of the United Arab Emirates;
2. An extract from the Commercial Register or an extract from the Memorandum of Association if the applicant is a company or body corporate, duly legalized;
3. 1 copy for a two-dimensional model or design, or 1 copy of each view if three-dimensional;
4. The deed of assignment, signed by the inventor if the applicant is not the inventor, duly legalized;
5. A certified copy of the priority application giving the filing date, number and country, if the application is to be filed with a priority claim.

Electronic filing: available.

Granting and Protection

Duration of protection: maximum ten years, calculated from the national filing date of the application.

Annuities: have to be paid on the anniversary of the national filing date of the application.

Annuity grace period: total six months from the due date (first three months without surcharge and latter three months with a surcharge for each month). It is no longer possible to pay the annual fees in advance to cover the whole or a part of the validity period. It has to be paid yearly. Non-payment of annuities within the grace period will result in lapse of the application. However, the design application can be restored upon payment of restoration fees of U.S.$ 1,330.

Effects of a design registration: the owner of a model or industrial design registration has the right to prevent others from using the model in manufacturing any product, importing or selling any product relating to his registered model or industrial design.

Prior use: is recognized and the prior user has the right to continue using it. But this right is not transferable except as part of the beneficiary business concern.

Opposition – cancellation: not provided for after registration.

Licensing: possible; effective against third parties only after its registration and publication in the Official Gazette. Multiple licensing is possible.

Seizure: the owners is entitled to ask the competent court to issue a precautionary seizure order on the patent, model, industrial design or the business establishment which uses or exploits any of the said types of industrial property.

Penalties: whoever submitted forged documents in order to obtain a patent or whoever imitated an invention, method of manufacture, element of know-how, model, industrial design, or any right protected under the law, shall be penalized by imprisonment of not less than three months and not more than two years and a fine of not less than 5,000 Dirhams or either of the two penalties.