UAE Law and Practice Contributed by: Maria Farrukh Khan, Fatima Shah, Heera Sandeep and Essam Abdel Khaleq, United Trademark & Patent Services
9. Defences and Exceptions to Infringement
pensation and criminal sanctions (imprisonment and fines; harsher for repeat offenders).
9.1 Defences to Trade Mark Infringement Defences against infringement claims include: • the mark is sufficiently different (in image, appear - ance, sound or meaning); • the goods/services are different, challenging con - sumer confusion; and • good faith use without knowledge of the registered mark. The validity of an infringement claim may fail entirely if the following can be demonstrated: • it is a generic/descriptive mark (should not be registered); • it is a bad faith registration (eg, blocking a competi - tor’s prior use); • there was prior commercial use in the UAE before registration (can be cancelled within five years); or • there was non-use for five consecutive years (grounds for cancellation). There are no enforceable rights if the mark is not reg - istered in the UAE and is not well-known. 9.2 Defences to Copyright Infringement (Fair Use/Fair Dealing) Articles 22–24 of Federal Law No 7 of 2002 provide limited “fair use” exceptions, allowing short excerpts for purposes such as criticism, review, education, research, news reporting or broadcasting – provided the use is non-commercial and the author/source is attributed. While UAE law does not explicitly mention parody or satire, derivative works that comment on or cri - tique copyrighted material using only what is neces - sary may fall under fair use, as long as they do not harm the author’s moral rights. Exceptions based on public interest or free speech similarly allow the use of works in news reporting, educational contexts or official speeches, with consideration of the purpose, scope and impact on the copyright owner. Registra - tion of works is optional but provides legal advantages for enforcement.
8. Litigating Trade Mark and Copyright Claims 8.1 Special Procedural Provisions for Trade Mark or Copyright Proceedings Trade marks are regulated by: • the Trademark Law; • Federal Law by Decree No 42 of 2023 (Anti-Com - mercial Fraud); and • Federal Law No 15 of 2020 (Consumer Protection). There are no specialised IP courts; matters are heard in commercial civil/criminal courts. Legal judges pass judgment, and parties cannot influence the decision- maker. Special procedures for copyright include summary/ interim relief (must file the main action within 20 days), mandatory Grievance Committee review, customs suspension (up to 20 days) and criminal enforcement. Regular civil/criminal courts are used, with no juries. Experts may be appointed, but judges decide. 8.2 Effect of Registration For trade marks, registration provides a stronger basis for litigation than prior use. Administrative authorities (Department of Economic Development, Ministry of Economy) only entertain complaints from registered owners. For copyright, registration is not required but helps prove ownership/date, supports quick court orders and assists customs action. No defences expire over time. Moral rights are per - petual; economic rights are challengeable during the protection period. 8.3 Costs of Litigating Infringement Actions First instance costs (including attorney fees) range from USD20,000 to USD35,000, depending on case complexity. Factors impacting cost include expert appointment and execution procedures, which involve additional costs.
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