Blog Details
Intellectual property is a kind of property that involves intangible creations of the human intellect. In the latest knowledge-driven, private zone-oriented financial development pattern, the various kinds of intangible assets of a business are more significant & powerful than its tangible assets. Hence, a critical subset of intangible assets is secured by what is named aggregately as intellectual property rights (IPRs). These incorporate copyright, patents, trademark & design rights, trade secrets, and other different kinds of rights. All organizations, particularly those which are as of now fruitful, these days need to depend on the successful utilization of at least one kind of intellectual property to acquire and keep a substantial competitive edge in the niche market. Therefore business pioneers and managers, require a greatly improved comprehension of the tools of the IP framework to protect and exploit the IP assets they own or want to use, for their business paradigm and modest strategies in homegrown and worldwide business sectors. Despite this, when trying to protect or exploit IP, it is critical to be aware of various unique challenges under UAE laws, which may not be recognizable to IP legal advisors in different locales. Here we have listed common unique challenges for protecting & exploiting intellectual property in UAE below:
The brand proprietors are not permitted to register logos or trademarks that are against the laws, public order & culture. For example, class 33 under the Nice Classification is an ideal illustration of this impediment. Class 33 is for alcoholic beverages, which can't be enlisted in the UAE since liquor is banned in the UAE. The brand proprietors may rather enroll such items under different classes.
In the United Arab Emirates, the ownership for the copyright of the works created by the employees doesn't automatically rest with the employer throughout the course of employment.
According to UAE law, a trademark licensee doesn't reserve the privilege to start legal action in its own name against the trademark infringers. The law commands that the owner of the trademark is qualified for making a lawful action against the infringers.
The limitations on the assignment of future copyrights are one of the distinctive highlights that separate the UAE intellectual property laws from the IP laws of the common law nations. Such nations don't restrict the authoritative assignment of future copyrights on works that are yet to be made. Nonetheless, the UAE intellectual property law forbids such assignments on at least five protected works of an author.
The UAE has severe limits on the moral rights of an author which can't be waived. For instance, an author can apply his right to pull out work from circulation through an able court, however, in such cases, the author must pay a reasonable amount to the person who has the privilege to economic exploitation of the work.
Foreign companies looking to enforce their intellectual property rights in the UAE need to give a clear-cut understanding of counting mechanisms in their contracts to address these challenges. Given below are some ways by which a company can address the above-mentioned challenges:
> If a company that intends to license their IP rights should make the licensee register any licenses in the UAE & notify them of any claims associated with the trademark infringements.
> If a company is paying for the development of IP, then it should establish a contract with the employees or contractors; in which they are required to assign financial rights in the works & perform retrospective assignments when essential.
> When dealing with the waiver of moral rights, the company should carry out clear compensation obligations. This would definitely help the company in dealing with events in which an author seeks to withdraw his work from circulation.
UAE deals with a strong Intellectual Property rights framework to keep the rights of the brand owners. On the other hand, foreign businesses want to clearly comprehend how such laws vary from other jurisdictions, particularly when it comes to the common law nations. The UAE can be viewed among the civil law nations & some of the copyright, trademark laws may vary. Here comes the need for a full-service intellectual property service provider like the ARC Associates to become substantial for brand owners. We help our client in getting the IP rights dependent on the inventiveness & business endeavor which serves in legal protection of new manifestations and invigorates the involvement of extra assets for additional advancement. We can provide the best Intellectual property service in UAE, which in turn helps our clients to peacefully create their brand in the UAE & other GCC countries.