Our Intellectual Property Department deals with the full spectrum of intellectual property rights, from registration to protection, in the United Arab Emirates, the Middle East and internationally.

We offer services to individuals and corporate clients in relation to trademarks, copyright, industrial patents and designs; services related to trade and domain names and other intellectual property rights. At all times we work in conjunction with governmental authorities to combat intellectual property infringements.

Clients include leading international and local companies who are involved in a number of sectors, including but not limited to: luxury goods, jewellery, perfume, automotive parts and hoteliers. 

Specifically, we work in the following areas: 
    

The UAE Trademark Law came into force in 1993. Under the law, distinctive marks, which are used in distinguishing goods or products, can be registered for a period of ten years on a renewable basis.
   

Registration enables trademark holders to take action against infringing parties including the seizure and, in some cases, destruction of the items bearing infringing trademarks, issuing of fines, and civil court action which can result in the award of compensation. However, given that most of the government departments in the UAE have quasi-judicial powers to deal with trademark infringements and intellectual property in general, it should be noted that fewer infringements/disputes actually go as far as court proceedings.

Trench & Associates regularly advises Clients on the best possible means to ensure the registration and protection of their trademarks by conducting searches and preparing the necessary documentation for registration and renewal with the relevant authorities throughout the Gulf.

Where there are infringements, we draft cease and desist legal notices addressed to infringing parties, are involved in raids, investigate sources and origins. In addition, we assist in registering formal written requests for action with the Commercial Protection Section of the respective Departments of Economic Development or Municipalities. Filing of a complaint to the Commercial Protection Section does not rule out the civil and criminal remedies available under the Trademarks Law, but the speed of the action coupled with the active co-operation of the Departments of Economic Development or Municipalities make this a practical and cost-effective initial course of action.

Finally, we advise Clients in respect of civil litigation to enforce their rights, including attaching proceedings and actions for compensation. It should also be borne in mind that the Police and the Public Prosecution can launch criminal proceedings against infringing parties, which can result in fines and/or imprisonment.       Back to Top

The problem of piracy in video cassettes and CDs, computer software, computer games and pharmaceuticals has been gradually reduced in the UAE since the introduction of the UAE Copyright Law which came into force in 1993.  The Government has worked in tandem with local police and customs authorities to seize counterfeit goods, conduct round-the clock patrols and carry out raids.  In this regard, it is worth noting that the UAE has recently been removed from the US Special 301 Watch list on piracy.

The Copyright Law establishes a number of criminal offences including persons copying, publishing or distributing works without the author's consent and persons falsely claiming ownership of a work.  Punishment can be in the form of a hefty fine and/or imprisonment.

  advises Clients of their rights within the UAE and arranges effective registration and renewals of works with the UAE Ministry of Information & Culture, covering published works, music, television, drawings, designs, and other copyrightable materials. Interestingly, in contrast to the requirements for trademarks, registered works do not need to be deposited with the Ministry in order to enjoy copyright protection, and failure to do so does not prejudice the copyright. 

The term of protection varies according to the class of work and entitles the holder to exclusively exploit their work including publication and translation, and to prevent infringement of the copyright, including obtaining a court order to withdraw classified material in circulation. There are exemptions in the UAE for private and educational use, broadcasting and other public services. 

As with trademarks, we also act to ensure the protection of our Client's rights, from sending out legal notices, to preparing the groundwork of litigious proceedings, namely civil actions for compensation, confiscating copyrighted works and closure of offices.         Back to Top

This area is somewhat underdeveloped in the UAE but we are equipped to deal with the registration of industrial patents and designs, and to follow up on their enforcement.

The UAE Industrial Patents, Drawings and Models Law came into force in 1993 but is still in its very early stages of implementation. Patents and designs are registered which fall into certain scientific fields, such as chemical inventions, medical drugs and pharmaceuticals, biological, botanical and zoological research, and inventions relating to national defence. The list of documents to accompany an application is long and of a highly technical nature, and to date few applications have been lodged. 

A patent is granted for a new invention resulting from an original idea or improvement, founded on scientific principles and may be used as industrial or trade products. A design, on the other hand, is registered where there is a new invention, which although capable of being used as an industrial or trade product, is not a wholly original invention. Once granted/registered, the patent holder/designer can prevent unauthorised manufacturing, selling and importing, and infringements can result in civil and criminal litigation. Moreover, whilst a court action is pending, a provisional attachment of the patent/registered design can be granted.                                            Back to Top   
  

  can assist in all types of Intellectual Property registrations on a worldwide basis, including new and emerging areas such as domain name registration and software protection.

The UAE became a member of the World Trade Organisation (WTO) in 1996 and is compliant with the Agreement on Trade Related Aspects of Intellectual Property Rights. This Agreement allows intellectual property disputes to be settled through the WTO's dispute settlement mechanisms. The alternative dispute resolution managed by World Intellectual Property Organisation under the guise of its Uniform Dispute Resolution Policy has resolved a number of domain name disputes and is considered to be both efficient and inexpensive. We can advise on these international systems and provide an outline of the kind of the complaints, which are dealt with.                     Back to Top     

• Outline and Evaluation of new UAE Copyright Law, November 2002 - By Mhairi Garcia, Associate, Trench & Associates 
  

• Unsolicited Mail in an Electronic World, February 2003 - By Mhairi Garcia, Associate, Trench & Associates

• Disclosing Confidential Information - Taken from WIPO 
  

• Intellectual Property Issuses related to E-Commerce - Taken from WIPO

• Intellectual Property Links 
  

Site Last Modified on : 

Mon, 27th Oct 2008