UAE is a suitable destination to expand your business due to its business-friendly reforms and diversified economy. Businesses should protect their assets from infringement by registering them in the country. UAE free zones, such as Dubai Internet City (DIC), Jebel Ali Free Zone (JAFZA), and Abu Dhabi Global Market (ADGM), consist of a tailored regulatory framework designed to attract and support business growth. IP protection is essential for business, irrespective of its nature and Jurisdiction. Intellectual property in the UAE free zones is safeguarded through a combination of federal legislation and international treaties. Ministry of Economy is the authorised body for IP registration and enforcement, ensuring the protection of IP across both mainland and free zone jurisdictions.
Intellectual property protection in the UAE’s free zone:
UAE is part of key international treaties, such as the Paris Convention, the Berne Convention, and the TRIPS Agreement, which shows the country’s commitment to align with global standards in safeguarding IP rights.
By registering your IP in the UAE, you can improve the market position by preventing others from using your Intellectual property. A well-protected brand in the UAE will attract customers and investment, and thus, business growth can be achieved. Also, business can monetise their IP assets by licensing without losing the ownership.
Legal Framework Governing Intellectual Property Protection in the UAE Free Zones
Trademark protection in the UAE free zone
Federal Decree Law No. 36 of 2021 outlines the provisions for the trademark registration procedure, protection, and management. A registered trademark will be protected for 10 years and can be renewed indefinitely. Business can protect their logos, symbols, slogans, or sound marks through trademark registration. A trademark acts as a brand identity of a business, and registering it will enhance the business’s value. Also, the UAE is part of the Madrid protocol, which allows companies to register their trademarks in different countries, which is part of the Madrid agreement.
Patent protection in UAE free zones
Federal decree law No. 44 of 2021 regulates the protection of inventions in the UAE. A registered patent will be protected for 20 years in the country. During this period, the patent owner will have exclusive rights to the invention and can prevent others from using it. Additionally, the UAE is a signatory of the Patent Cooperation Treaty (PCT), so inventors can secure their invention internationally.
Copyright protection in the UAE Free Zone
In the UAE, Federal Law No. 38 of 2021 protects copyright work. While the creative works will obtain automatic protection during their creation, registering them in the country will be helpful for more robust enforcement. Businesses can protect literary, artistic, and software through copyright. In the UAE, copyright protection for creative works extends through the lifetime of the author and continues for 50 years after their death.
Intellectual Property Registration Processes within UAE Free Zones:
Businesses can register their IP in the free zone where they are located. The procedure and requirements for registration would vary based on the free zone. Companies operating in free zones must comply with the country’s federal laws as well as the distinct regulations set by their respective free zone authorities. Registering your IP in a specific free zone will only protect your IP in that zone. To obtain proper IP coverage, businesses can choose to register their IP assets federally.
Trademark registration
Conduct a trademark search to determine that your mark doesn’t infringe on the existing ones. To register a trademark in the UAE, submit your application to the Ministry of Economy (MOE). Upon approval, the trademark will be published in the official gazette. If no objections are raised within the designated period, the MOE will issue the official registration certificate.
Patent registration
To obtain patent protection, a business in the UAE should apply to the patent office with the required documents, including patent claims and a description. If your application is accepted, then it will be published, and if there is no opposition, then the patent will be granted.
Copyright registration
Submit your application for Copyright registration with the required documents to the Ministry of Economy (MOE). If the application is accepted, your work will be officially registered and protected under UAE copyright law.
IP Enforcement in the UAE Free Zone
Business can register their IP with free zone customs, such as JAFZA, so that they can seize counterfeit goods. IP owners can file a lawsuit in courts in free zones like DIFC or ADGM. There are several remedies for infringement, such as Injunction, financial damages, destruction of infringed products, etc.
Partner with the best IP agent in the UAE to secure your invention
Businesses in the UAE should protect their intellectual property to stay competitive in the business market. A well-protected IP will foster business growth and attract investment. Jitendra Intellectual Property is one of the prominent IP service providers in the UAE. We can offer comprehensive support for IP registration, monitoring, and enforcement across both the UAE free zones and the mainland.
