Patents play a crucial role in fostering innovation across various industries. By securing a patent, an inventor gains exclusive rights to utilize the invention for a specified period. UAE Federal Law No. 17/2002 outlines the regulation and protection of intellectual property, including patents. Patent holders can capitalize on their inventions for financial gain and transfer ownership through registration in the UAE patent register. However, if an invention is underutilized, fails to meet market demands, or holds significant public interest and national importance, UAE law empowers the judiciary and relevant authorities to intervene and revoke the inventor’s patent rights.
What is Compulsory licensing in UAE patent law?
Under UAE patent law, a compulsory license allows a third party to use a patent without the patent owner’s consent, granted under specific conditions. This provision is typically applied when the patent owner fails to adequately utilize the invention, particularly in critical sectors such as pharmaceuticals. For example, if a vaccine is patented and sold by its inventor but is not being produced in sufficient quantities or is priced too high for public affordability during a health crisis, intervention may be necessary. In cases of public urgency, where public health is at stake, the UAE government can issue a compulsory license to ensure that essential medicines or technologies reach those who need them.
Recognizing the importance of public welfare, UAE patent law supports compulsory licensing in designated circumstances to strike a balance between innovation and accessibility. If an invention serves the public interest, the government has the authority to grant licenses to third parties to manufacture and distribute the patented product. This ensures that vital resources remain accessible, particularly during emergencies. For instance, if a patented vaccine is crucial for public health but is not being made available in adequate amounts, authorities may intervene to facilitate broader production and distribution. Additionally, UAE law acknowledges the rights of inventors and ensures that they receive fair compensation when a compulsory license is issued.
How can compulsory licensing in the UAE balance innovation and access?
Businesses and individuals in the UAE can patent their innovations, securing protection for a specified period. Given the significant time and financial investment involved in developing an invention, losing patent rights can be a major setback. However, the UAE government ensures fair compensation for inventors in such cases. Compensation is provided by the licensee to the patent owner for the use of their invention.
A compulsory license is granted only when an invention is deemed essential for public interest, national defence, or economic development.
- Public Interest: If an invention is crucial for public well-being, the government may issue a compulsory license to ensure accessibility and affordability.
- National Defence & Security: If an invention plays a vital role in safeguarding national security, it may be subjected to compulsory licensing.
- Economic Development: If an invention significantly contributes to the nation’s economic growth, a compulsory license may be granted to facilitate broader utilization.
Major Criteria for Granting Compulsory Licenses in the UAE:
- Patent Utilization: If a patent remains unused or is not properly exploited for three years after registration, an interested party may request a compulsory license.
- Market Demand: The license will be granted to fulfil the needs of the local market, ensuring that the invention is accessible and beneficial.
- Transfer Restrictions: A patent obtained through a compulsory license cannot be transferred to another party, except in cases where ownership of the licensee’s facility or a relevant part of it is transferred, subject to approval by the competent court.
- Semiconductor Technology: If the invention pertains to semiconductor technology, the compulsory license will be restricted to general non-commercial purposes only.
How can Jitendra Intellectual Property help you protect your Invention in UAE?
Securing a patent early is crucial for obtaining exclusive rights to an invention. The registration process requires detailed documentation demonstrating the novelty and industrial applicability of the invention, including an abstract and relevant drawings. Given the complexity of this process, Jitendra Intellectual Property can provide expert assistance. Our professionals guide inventors through the registration process and offer support in patent monitoring and enforcement, ensuring comprehensive intellectual property protection.
