UAE is currently on the path of major reforms to meet and surpass international standards. One of UAE’s most notable changes in policy is probably the new regulation on working days, specifically, 4.5 working days per week for officials working for the State, less than half a day compared to the rest of the world. This is only one of the changes the UAE will embrace in the following times. In the field of Intellectual Property, the UAE has also made some remarkable changes like the expansion of trademark laws, revisions to patent laws, stronger copyright rules, and greater protection of personal data.
The changes in IP Law in the UAE are part of the huge legal reform coming to this country that includes 40 laws detailing the updates to existing laws and the introduction of new legislation.
The changes of the UAE are necessary as these countries are rebranding themselves, transforming from the country of oil and natural gas to a global hub with IP as its central point.
Accordingly, to realize this goal, the government of UAE has legislated this series of laws in order to move towards an innovative and knowledge-based economy with Intellectual Property positioning itself as the backbone.
Modifications to the trademark law
One of the most important changes about the UAE’s trademark law is its Article 2.
Specifically, article 2 expands the definition of a trademark to include a wider range of unconventional marks which consist of engravings, shapes, three-dimensional marks, holograms, sounds, and smells.
Not limited anymore to the type of marks protectable as a trademark in the UAE, brand owners in this country and foreign investors can now have a wider range of options, as well as strategies to expand to the UAE.
Moreover, they can know exactly what is the type of trademark protectable in the UAE as the revised law has provided many examples about trademarks, including unconventional trademarks.
Nonetheless, the law is not yet invariant. There is always room for further amendments as the UAE enters new IP international treaties.
Another major change to the trademark law in the UAE is the multi-class trademark filings. With multi-class trademark filings, the cost to register a trademark in the UAE will likely be reduced.
Regarding license agreements, now, It is no longer required to record the license at the UAE Trade Mark Office. Consequently, trademark owners can now enforce unrecorded trademark licenses.
It is also now possible to record an assignment against a pending trademark application, a major improvement compared to the previous rules which only allow the assignment of a registered trademark.
Other notable changes regarding Intellectual Property in the UAE
From now on, cancellation actions for non-use will also first be directed to the Ministry of Economy as opposed to the courts.
The provisions about geographic indications are also updated and include new changes.
Another noteworthy change is the founding of the new Grievance Committee. The Grievance Committee will be guided by a judge and consist of two local IP experts.
With this new model, the professional knowledge regarding IP of IP experts and the expertise of the judiciary can combine into one, making the ruling of cases more objective and comprehensive.
The decisions from this committee will only be appealable to the Court of Appeal and no longer to the Court of First Instance.
The changes came into effect on 2nd January 2022.
You can see a list of UAE IP firms here.