Legal notes to copyright registration in United Arab Emirates

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Copyright registration in United Arab Emirates. The United Arab Emirates, or simply the Emirates, is a country in Western Asia (The Middle East). The UAE is considered a middle power. It is a member of the United Nations, Arab League, Organisation of Islamic Cooperation, OPEC, Non-Aligned Movement, and Gulf Cooperation Council (GCC). Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in United Arab Emirates.

Copyright in United Arab Emirates

Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.

The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.

Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration in United Arab Emirates early because early registration will give the author/owner of the work many advantages in the event of a dispute.

When unauthorized use of work occurs around the world, the owner of a work who has made a copyright registration in United Arab Emirates will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.

Thereby, in order to avoid passivity, the owner of the work should make a copyright registration in United Arab Emirates immediately to protect their rights and interests when there is an infringement.

Copyright registration in United Arab Emirates

United Arab Emirates is a member country of The Berne Convention for Copyright since 2004.

The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.

As United Arab Emirates is a contracting party of the Berne Convention, any work originating in United Arab Emirates will be given copyright protection in each of the Berne Convention member countries.

In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in United Arab Emirates is critical in order for the copyright owner to obtain evidence of copyright.

Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.

When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.

Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.

If copyright registration is not made, copyright owners will lose a big amount of money as well as time needed to resolve issues related to copyright, proving ownership of the original work.

If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.

Documents for copyright registration in United Arab Emirates

To obtain copyright registration in United Arab Emirates, the author of the work needs to prepare the following documents:

  • Declaration of copyright registration in United Arab Emirates;
  • Two copies of copyrighted work;
  • Documents proving the right to apply;
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of the co-owners, if the copyright is jointly owned;
  • Notarized identity card of the author or owner of the work;
  • Power of Attorney, if the applicant is an authorized person;
  • Notarized copy of the company’s business registration certificate (if the owner is a company).

The copyright law of United Arab Emirates

In late 2021, the UAE Government made the most significant legislative amendments in its history by enacting 50 new laws to commemorate the UAE’s 50th anniversary of independence. The long-awaited UAE Copyright Law was one of these new legislation.

The UAE has published a new Federal Law No. 38 of 2021 concerning Copyright & Neighboring Rights (New Copyright Law), which replaces the existing Federal Law No. 7 of 2002 (existing Copyright Law), with major improvements to reflect the fast-paced digital world. The New Copyright Law went into effect on January 2, 2022.

You can find the list of UAE IP firms here.

 

 

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