UAE Law and Practice Contributed by: Amir Alkhaja, Gerry Rogers, Daria Selivanova and Danila Kriuchkov, Habib Al Mulla & Partners
approximately seven months to formal grant, and 42 months including substantive review. Enforcement is through UAE civil courts and specialised IP courts (in Dubai and Abu Dhabi). Relief may include: • interim and final injunctions; • ex parte conservatory orders, including sei - zure of infringing goods or equipment; • damages, account of profits, or both; courts may appoint technical experts; • destruction or confiscation of infringing prod - ucts; and • criminal sanctions (fines of AED100,000– 1 million and/or imprisonment) for deliberate infringement or document falsification. 7.2 Trade Marks UAE Federal Decree-Law No 36/2021 on trade marks defines a trade mark as everything that takes a distinctive shape of names, words, sig - natures, letters, symbols, numbers, addresses, seals, drawings, pictures, engravings, packag - ing, graphic elements, forms, colour or a combi - nation thereof, a sign or a group of signs, includ - ing three-dimensional marks, hologram marks, or any other mark used or intended to be used to distinguish the goods or services of a facility from the goods or services of other facilities, or to indicate the performance of a service, or to conduct monitoring or examination of goods or services. A distinctive sound or smell may be considered as a trade mark. Registration provides the exclusive right to the mark for ten years from the filing date, renewable indefinitely for further ten-year terms. Applications are filed online with the Ministry of Economy. The Ministry conducts a formal examination (30–90 days). If passed, the mark
is published in the Official Gazette, triggering a 30‑day opposition window. Typical registration takes three to six months. Registered marks are protected only within the UAE territory and within the registered classes. Remedies include: • injunctions (interim and final) via civil courts or administrative tribunals; • customs recordal to prevent import of coun - terfeit goods; • damages and/or account of profits, with tech - nical expert evidence as needed; • seizure or destruction of infringing goods; and • criminal sanctions for wilful infringement, including fines and imprisonment. 7.3 Industrial Design UAE Federal Law No 11/2021 on the Regula - tion and Protection of Industrial Property Rights defines industrial design as any 2D or 3D deco - rative or aesthetic composition giving a special design that can be used as an industrial or artisan product. It grants the owner the exclusive right to prevent third parties from making, importing, selling or using products carrying the protected design. Protection lasts for 20 years from the fil - ing date, provided annual renewal fees are paid. Applicants submit an application through the Min - istry of Economy’s portal. The Ministry conducts a formal examination within 90 days, requiring cor - rections if needed. Once accepted, the design is published in the Industrial Property Bulletin. Enforcement is available through UAE civil courts (including specialised IP tribunals). Avail - able remedies include: • interim and final injunctions; • seizure or destruction of infringing products;
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