Every single individual is an owner of an object, it may be a car, a building, a bike, and

they always wish to protect these. They use methods like locking the vehicle, assigning
security to the house, GPS trackers and other methods.
When it comes to objects that cannot be seen like ideas, inventions, books, music
works, how do we protect these intangible objects? This is where the concept of
Intellectual Property comes in. There are various ways in which we can protect
intellectual property in the UAE.
What is Intellectual Property?
The World Intellectual Property Organization (WIPO) defines Intellectual Property as “
Creations of the mind such as inventions and artistic works; designs and symbols,
names and images used in commerce. Examples of Intellectual Property would be
logos, music works, inventions. Books, designs. (Commitbiz,2019)

How is Intellectual Property different from Traditional Property

What differentiates Intellectual Property from Traditional Property is the concept of
Indivisibility. Indivisibility means that an infinite number of individuals can use a good
without it being depleted.
For example, if one person listens to music, an infinite number of people can listen to
the same song, and it won't deplete or be unavailable to another person, but in the case
of a car only one person can use it, and if another individual has to use it, then the car
becomes unavailable to the initial user of the car. (Commitbiz,2019)

The Need To Protect Intellectual Property

When Alexander Graham Bell invented the telephone, he registered his invention a few
hours before his rival Elisha Gray. Till date only a few associate Elisha Gray with the
telephone while Alexander Graham Bell is known as the Father of the Telephone only
because he protected his invention.
To Protect IP is to give credit to the person for putting in efforts to create it and if it
lacked such protection, then no individual would be motivated to invent or innovate as
there would be no reward and every other individual would just copy of the inventor or
the creator.
The original creator would've also spent a lot of time and money researching in order to
create their work; The protection of IP also helps recover the costs and gives rewards to
the original creator for his efforts in creating something new and innovative. This, in
turn, is an incentive to encourage efforts from individuals to strive towards better
inventions, original works. (Commitbiz,2019)

Intellectual property law corresponds with criminal law in many ways, one of which is piracy of
media content. This is one of the fastest-growing forms of criminal offence and breaches of
intellectual property rights (‘IPR’) in the region.

In some instances, UAE traders, who are often, caught selling illegally-unlocked set top boxes
(receivers) and Internet Protocol television (IPTV) decoders to consumers, which allow users to
access exclusive TV channels, may face severe criminal penalties. These flow from several UAE
laws that protect intellectual property, trademarks and copyright, such as the UAE’s Federal
Copyright Law No. 7 for 2002, and Federal Trademark Law No. 37 for 1992 and its subsequent
amendments. Additional and more severe penalties can be imposed the offences are done
through electronic platforms, making provisions of the Federal Law by Decree No. 5 of 2012
regarding Combating Cybercrimes, commonly known as the Cybercrime Law, also applicable.

In other cases, traders unlawfully place famous trade names and trademarks on their products to
deceive the consumer, with the aims of selling goods, increasing market share and generating fat
profits.
To provide more insight on illegal piracy, we highlight below two cases that demonstrate the
potential criminal consequences for anyone caught infringing the copyright laws of media
content and breaching IPR. (AlAzzeh,B,2017)

Case 1

An unknown person established a website that could be accessible by the public in order to
download or upload exclusive movies and TV shows. On the website, the offender uploaded a
considerable number of famous old and recent movies and TV series that could be downloaded
for further use.

The movies and series were only licensed to be provided by a leading, direct-broadcast satellite
provider of popular TV entertainment content, who broadcast movies, comedy shows and sports
channels from major networks and studios. Access to such content required subscription and
payment of a fee by the consumer.
The offender also placed the famous trade name and trademark of the broadcasting company
next to the website’s download links. In doing so, he intended to confuse the public into
believing that the website somehow originated from or was affiliated with the broadcasting
company. (AlAzzeh,B,2017)

Criminal proceedings were instituted against the offender in Abu Dhabi. The Abu Dhabi Police
investigation department successfully followed the available leads and revealed the identity of
the perpetrator. The Public Prosecution office issued an indictment order against the perpetrator
for committing acts penalized by the Cybercrime Law and the Federal Law by Decree No. 3 of
2003 regarding the Organization of the Telecommunications Sector (as amended). Those acts
were as follows:

• Unlawfully benefiting from the broadcasters visual channels via technological means;

• Exploiting telecommunication devices to transmit the broadcaster’s telecommunication

services; and
Facilitating for others the unlawful benefiting from the broadcaster’s visual channels via
technological means. (AlAzzeh,B,2017)

The accused was found guilty before the Court of First Instance and sentenced to 6 months along
with payment of 50,000 AED as compensation to the victim broadcaster, from whom we acted.
The Court further ordered the perpetrator’s deportation and the removal of all content available
on the illegal website.
The accused appealed and the Court of Appeal reduced the sentence from 6 to 2 months’
imprisonment. (AlAzzeh,B,2017)
In conclusion, traders of electronic devices such as set top boxes (receivers)/ IPTV decoders
must cease offering TV and media services which are not permitted in the UAE even if such
services are allowed outside of the UAE. The operation of receiving the exclusive TV channels
through the internet from somewhere out of the UAE and redistributing the same one a
commercial level to the consumers within the UAE is a crime as per the UAE Federal Copyright
Laws No. 7 for 2002 and the Federal Law by Decree No. 5 of 2012 regarding Combating
Cybercrimes. With the aim to minimize the occurrence of such crimes, the UAE imposes specific
regulations for this type to trade. With the understanding that those types of crimes adversely
affect important sectors, such as the telecommunications sector, be it private or public, the
Courts tend to have a harsh approach towards anyone who breaches the laws regulating it.
(AlAzzeh,B,2017)
1
Law Related to Copyright
Immaterial Property Law
— Patents — such rights don't exist until patent is issued by U.S. Government— protects
inventions, designs, & plants!
—Trademarks— any word, symbol or device that differentiates seller's products from
competitors
— Copyright —' deals with "intangible" property—property that cannot be touched held or
locked away —Plagiarism —the act of taking ideas, thoughts, or words from another & passing
them off as your own — Far more common in Mass Media than patent or trademark
infringement!
—Giving credit to others for work borrowed will reduce plagiarism problem
COM 240—Media Law & Ethics
2
Roots of Copyright
The Beginnings...
— Developed in Great Britain in 16th Century government sanctioned/supported printing
privileges
— "Statute of Eight Anne" (1710) gave legal claim of ownership of literary property to author
— American Copyright Law (1790)
U.S. Constitution, Article I, Section 8
Congress shall have power... to promote the progress of science & useful arts by securing for
limited times to authors & inventors the exclusive right to their respective writings &
discoveries
Right to protect works for 28 years (14-years+ 14-year renewal)
1831- extended: 28 years + 14-year renewal
1976 Federal law preempts all state laws
1988 U.S. becomes party to Berne Convention
1998 Sonny Bono Copyright Extension Act
COM 240-Media Law & Ethics
3
What can be Copyrighted?
What IS covered
— Original works
— Fixed in a tangible medium
6 Exclusive Rights (for the author)
Right of reproduction of the work
Right of preparation of derivative the works
Right of public distribution of the work
Right of public performance of the work
Right of public display of the work
Right of public digital performance of sound recording

COM 240-Media Law & Ethics

4

What Can't be Copyrighted?

What is not covered
— Trivial materials
titles, slogans, minor variations of public domain works
— Ideas
law protects EXPRESSION of ideas, not the idea itself
— Utilitarian goods
things that exist to produce other things...
— Methods
systems, mathematical principles, formulas & equations
What about "Sweat of the brow" works?
— Fiest Publications, Inc. v. Rural Telephone Service co., Inc. (1991)
— Novelty or originality in manner of organization, selection or coordination key to determining
protection

5
What About News?
Can News be Copyrighted?
— Facts cannot be copyrighted!
What about a news event? Can journalist claim exclusive right to report a story?
Copyright law does not prevent others from relating the substance of what was revealed... the
FACTS of the story
— Copyright protects EXPRESSION of the story
way it's told, style & manner in which facts are presented
● Misappropriation (or unfair competition)
— Ancillary area of law relating to copyright
— Taking what belongs to someone else & using it unfairly for personal gain
— Critical issue: likelihood that prudent person would be misled, or confused, as to source
0s.
COM 240-Media Law & Ethics
6

Doctrine of Fair Use

What is Fair Use?

— A rule of reason... to balance the author's right to compensation... against the public's
interest in the widest possible dissemination of ideas & information
— Factors affecting Fair Use:
Purpose & character of the use
Nature of the copyrighted work
Amount & substantiality of portion used in relation to the whole copyrighted work.
Effect of use on potential market for or value of the copyrighted work
What is Public Domain?
- copyright lapsed works that can be used freely... typically very old works (but not always!)

7
Copyright & the Internet
Adaptation of Copyright Law
— Technology
●160 years ago, print dominated copyright concerns
●Now, photography, motion pictures, radio, television, audio & video recordings,
photocopying, computer programs, etc.
— Digitized info. can be copied & distributed quickly, easily & cheaply with the copy as good as
original!
● Impact of the INTERNET
— Does information want to be free?
— Digital Millennium Copyright Act (1998)
● Prevents circumvention of encryption codes
●MP3s & the Napster case... — Recording Industry Association of America v. Diamond
Multimedia Systems (9th Cir., 1999)
8
Citing Sources & Avoiding Plagiarism
● Cite Your Sources!
In research writing, you must document the contributions of others
— Required when you quote from a source
— Required when you summarize or paraphrase a source
— Required when you borrow facts/ideas from a source (except common knowledge; e.g.. the
sky is blue)
● To "borrow" another writer's language or ideas without proper acknowledgement is a form of
(academic) dishonesty know as plagiarism.
●You're guilty of plagiarism if you -copy &/or -summarize the author's sentence(s)

9
Intellectual Property Common Law —vs— Civil Law
Principles protected in Common Law (i.e., most English Speaking Countries) are different than
those in Civil Law jurisdictions (e.g., France, KSA, & UAE)
— For Example:
●UAE: In civil jurisdictions, protection of the author is most important. Protecting the author's
economic interests & their reputation against unauthorized use or alteration of their works
Thus, authors are granted some non-transferable rights & retain copyrights in their works
absent any express assignment of rights
● Whereas, in common law jurisdictions, copyright law promotes progress & economic
benefits arising out of a work. As such, author's rights are transferable
COM 240-Media Law & Ethics

10
UAE Laws Governing Trademarks, Patents & Copyright
● Ministry of Economy • I P Sector
- Federal Law No. 31 of 2006
Regulation & protection of industrial property of patents, designs, prototypes, know how &
contractual licenses
— Federal Law No. 37 of 1992
Regarding trademarks & its variations & protection of the owners of the trademarks
—Federal Law No. 7 of 2002
Regarding the Copyrights and its variations & protecting the innovators as stated in the law
COM 240—Media Law & Ethics

11
Copyright & Related Rights
● UAE Copyright Law
— Federal Law No. 7 of 2002
(amended by Law No. 32 of 2006) Copyright & Related Rights
● Protection is afforded to Authors & Related Rights Holders for a duration of 50-year after
author’s death (25 applied art)
● Author & their general successors enjoy perpetual & inalienable moral. rights, including:
- License to publish for 1st time
- Right to be credited as the author of the work
- Right of integrity
- Right to withdraw a work from circulation (req. justification)

Does not protect

Ideas, procedures, methods of doing business, mathematical algorithms, basic principles of fact,
or official documents, news of current events, or work which have become public property.
edia Law & Ethics

12
Is there Fair Use in the UAE?
● Federal Law No. 7 of 2002 • Article 22
— Although not explicitly called "Fair Use," this article outlines the provision of what an author
may not prevent regarding their work
— Personal Examples...
● Making a copy of the work for noncommercial personal use
● Making a backup copy of software, applications, or database
● Performing work at family gathers or student performances
— Media Examples...
● Extracts of works legally made available to public
● Publish works important to discussion matters of public concern
● Speeches, addresses & Lectures given at open hearings
13
The Beren Convention
for the Protection of Literary & Artistic Works
● History of International Intellectual Property Protection
- 1883 Pans Convention for Protection of Industrial Property

► taken to help creators ensure that their intellectual works are protected in other countries
- 1886 Beren Convention

► International Agreement governing Copyright

► Aim is to give creators the right to control and receive payment for their creative works on
an international level
- 1967 WIPO Copyright Treaty (becomes part of UN in 1974)

► Special agreement under the Beren Convention

► Mission is to lead the development of a balanced & effective international intellectual

property (IP) system that enables innovation and creativity for the benefit of all

► Protection of works & rights of authors in digital environs

14
Berne Convention Signatories (UAE &USA included )
Total Contracting Parties: 176
The Berne Convention sets minimums for copyright laws. It does not mean that non-Signatories
countries (in gray above) don't have copyright laws &/or don't respect the copyright of works
made outside of their jurisdiction.
15
Beren Convention (cont.)
Three Basic Principles...
1. Principle of National Treatment
Works of a national author originating in one of the signatory countries must be given the same
protection in each of the other signatory countries as the latter grants to the works of its own
nationals
2. Principle of -Automatic-- Protection
Protection must not be conditional upon compliance with any formality
3. Principle of "Independence' of Protection
Protection is independent of the existence of protection in the country of origin of the work
16
Beren Convention (coin)
● Minimum Standards of protection...
- Must include every production in the literary, scientific & artistic domain. whatever the mode
or form of its expression • Article 2(1) of the Convention
— Among the rights granted
(subject to allowed reservations, limitations or exceptions)
● Right to translate
● Right to recite in public
● Right to make adaptations
● Right to broadcast
● Right to perform in public
● Right to make reproductions
— MoraI Rights the right to claim authorship of the work & the right to object to any
modification of , or other derogatory action in relation to, the work that would be prejudicial to
author's honor or reputation.

Intellectual property
How to Protect Intellectual Property
The UAE allows authors of original works to protect their Intellectual Property
through three methods which are trademark, copyright and patent

Ministry of Economy is the competent authority to register and protect intellectual

property in the UAE. You can register a trademark, copyright and patent through
the ministry’s website (Government.ae, 2019)

Intellectual Property Guide United Arab Emirates

1 UAE Patent Law
Federal Law Number 44 issued in 1992 and relating to the Industrial Regulation and
Protection of Patents, Industrial Drawings, and Designs was replaced by Federal Law number
17 in 2002 and subsequently amended by the Federal law number 31 in the year 2006 (the
Law). According to the Law, the Ministry awards patents to any new invention that results
from an idea or step that is inventive in fact provided however that such concept is of
industrial use. The Patents Law of UAE provides that a patent is valid for a term of twenty
(20) years (stalawfirm,2018-19)

The Patent law also sets out specific exceptions as to grant of patent rights such as:
a. Plants and plant varieties, animals or biological ways of producing plants and
animals. An exemption may apply for the microbiological methods and their
byproducts;
b. methods for diagnosing humans and animals, special treatment and surgical
operations;
c. mathematical and scientific principles, discoveries and methods;

d. manuals or guides, rules or processes followed to conduct business or perform

mental activities or play games; and
e. invention that may lead to a violation of public morale or peace.
(stalawfirm,2018-19)
Upon receipt of the application, the Ministry shall commence an examination of the claim to
ensure that the same complies with the provisions of the law and that the idea or step is
novel, inventive and of industrial use. The Law empowers the UAE Patent Office authorities
to reject any application that does not meet the conditions set out in the Patents law. An
appeal is allowed for rejections, but such request must be made within a sixty days’ time
frame. The accepted patent applications get reported in the Official Gazette, and any member
of the public has the right to oppose before the UAE Patent Office challenging grant of such
patent. If no such opposition gets lodged within sixty days, the 'letters patent' or the utility
certificate is issued. (stalawfirm,2018-19)

Patents

According to Federal Law No. 31 of 2016, promulgated by Law No. 17 of 2002 on

Regulation and Protection of Industrial Property of Patents, Industrial Drawings and
Designs, a patent protection in the UAE is granted for any new invention resulting
from an innovative idea or innovative improvement of an invention in all fields of
technology, provided that such an idea or innovative improvement has a scientific
basis and is applicable. The invention shall be deemed industrially applicable in its
broadest term if used or utilised in such fields as agriculture, fisheries, handicrafts
and services. Examples of patents that are not protected include:
1. Researches, plant and animal species, and biological methods for production
of animal and plant excluding microbiological methods and their products
2. Diagnostic methods, treatments and surgical operations needed for humans
and animals
3. Scientific and mathematical principles, discoveries and methods
4. Guidelines, rules or methods followed to conduct business, perform mental
activities or play games
5. Invention that may lead to violation of public order or morals. (Government.ae,
2019)

Registration of patents
International Centre for Patent Registration (ICPR) under Ministry of Economy is the
competent authority to register patents in the UAE. To register a patent, you
can submit an online application via the ministry’s website. . (Government.ae, 2019)

Patents
In the UAE, According to Federal Law No. 31 of 2016, promulgated by Law No. 17 of
2002 on Regulation and Protection of Industrial Property of Patents, Industrial based
Drawings and Designs, in the UAE a patent protection is granted for any new authentic
invention resulting from an innovative idea or any kind of innovative improvement of an
invention in all the fields of technology, subject to the condition that such an idea or
innovative improvement has a scientific backing and is useful and can be applied in
one field or the other. The invention shall be considered applicable with respect to the
industry sector in its broadest term if used or utilised in such fields as agriculture,
fisheries, handicrafts, and services. Industries in the UAE can grow immensely due to
such protection. (Commitbiz,2019)

However certain patients are not included such as:

• Any sort of research work, types of animal and plant species, and biological
technique for production of animals and plant species but excludes
microbiological processes and products arising from these microbiological
processes.
• Any method of diagnosis, medical treatments and surgical methods that are
needed for medical purposes
• Scientific as well as Mathematics principles, methods, and findings
• Any sort of guides, methods or rules that are followed to play games, conduct
business activities or perform mental actions.
• Inventions that are against public order or that involve moral turpitude.
(Commitbiz,2019)
How to Register a Patent?
International Centre for Patent Registration (ICPR) which is a body under the UAE
Ministry of Economy is in charge of patent registration. An online application can be
filled and submitted through the website of the ministry. The complete list of
documents that are required is also given on the same website. A few of the important
ones are

• The patent office requires a power of attorney.

• The specifications in English as well as Arabic.
• A brief of the invention with well-explained diagrams
• Power of attorney legalised up to the consulate of UAE
 • A legalised extract from the MOA or Commercial register if the applicant is a
body corporate.
• Set of drawings with respect to the invention (Commitbiz,2019)

Trademarks

TRIPS Agreement since April 1996. UAE entered in to membership of the Gulf Cooperation
Council as of November, 1998 .
The Intellectual property legislation of the UAE includes Patents and Industrial Design Law
number 44 of 1992, Trademarks law number 37 as of 1992, Copyright and Neighboring
Rights Law number 40 of 1992. The Industrial Property Office administers Patents and
Designs under the supervision of the Industrial Property Directorate, Ministry of Finance and
Industry. The Trademark Section administers Trademarks under the supervision of the
Ministry of Economy. Copyrights are administered by the Copyright Department under the
supervision of the Ministry of Information and Culture. (stalawfirm,2018-19)
Trademark Law & Registration
Generally speaking, the United Arab Emirates Federal Law number 37 of 1992 (the “Law”)
regulates the law on trademarks. The Law was subsequently amended by Law number 19 of
2000 and Law 8 of 2002, protects registered trademarks. The legislation includes the
definition of marks, signs that cannot get registered as trademarks, registration and
cancellation procedures, transfer of ownership and mortgage, licensing others to use
trademarks, penalties for trademark law infringement & general & transitory provisions.
(stalawfirm,2018-19)
Trademarks

According to Federal Law No. 37 of 1992 on Trademarks as amended (Arabic), a

trademark is any distinguished form of names, words, signatures, letters, figures,
graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or
any other marks or group of marks, if they were used or intended to be used either
to distinguish goods, products or services from whatever sources, or to indicate that
certain services, goods or products belong to the owner of the trademark, because
of their provision, manufacturing, selection or trading. The voice accompanying a
trademark is considered a part of it. (Government.ae, 2019)

Registration of a trademark
Ministry of Economy is the competent authority to register trademarks in the UAE.
To register a trademark, customer can submit an online application via the ministry’s
website. Registration documents include:
• Trademark logo
• A copy of the commercial licence
• Power of Attorney
• Priority document
• Passport copy
• Other attachments. (Government.ae, 2019)

Who can register a trademark?

According to Federal Law No. 37 of 1992 on Trademarks as amended (Arabic), the
following persons can register their trademarks:
1. The UAE citizens and natural and artificial persons practising any commercial,
industrial, professional or service business
2. Foreigners and natural and artificial persons practising any commercial,
industrial, professional or service business
3. Foreigners and natural and artificial persons practising any commercial,
industrial, professional or service business in any country on basis of
reciprocity
4. Other artificial persons. (Government.ae, 2019)

Trademarks
Trademark according to the Federal law No.37 of 1992 on Trademarks refers to
“Distinguishable form of words, letter, figures, seals, marks, logos, graphics words,
signatures, letters, , graphics, logos, titles, hallmarks, pictures, patterns,
announcements, packs or any other type of mark if they were to be used either to
distinguish services, goods or other products from different competitors, or to indicate to
the buyer or customer that certain services, goods or products belong to the owner of
the trademark, because of their exclusive characteristics, manufacturing, selection or
trading. The pronunciation accompanying a trademark is considered part of
it".(Commitbiz,2019)

How to Register a Trademark?

The United Arab Emirates Ministry of Economy is the authorized body for the purpose of
Registration of Trademarks. An individual wishing to Register a Trademark can fill out
and submit an online application through the ministry’s website. The documents
required are

• The Trademark Logo

• A copy of the appropriate commercial license
• The power of Attorney
• Priority Documents as stated
• Copy of Passport
•Other necessary documents as may be required by the authority
(Commitbiz,2019)

Who is allowed to register a trademark?

1. Any citizen of the UAE, Artificial or Natural practising any business in

commercial, industrial, professional or service sector.
2. Any foreign Individual, Artificial or Natural practising any business in commercial,
industrial, professional or service sector.
3. Any foreign Individual practising any business in commercial, industrial,
professional or the service sector in any country based on reciprocity.
4. Other Artificial persons as prescribed. (Commitbiz,2019)

Copyrights
UAE’s Copyright and Authorship Law number 7 issued in the year 2002 provides for
protection of copyrights. Similar to copyright laws of other countries, copyright rights
originate from the creation. The Copyright Law requires every author to submit their works to
the Intellectual Property Protection Department (IPPD) of the Ministry of Information and
Culture to avail protection granted under the law. The law confers protection to authors of
literary, artistic, and scientific works. Registration of copyright is essential in cases where
enforcement is required. (stalawfirm,2018-19)
The copyright law covers protection of works such as sound, drawings, motion pictures and
works of art, computer software, translations of original work, etc. Licensing of copyright is
permitted, and parties should formalize their relationship through a contract. There is no
requirement for a copyright license to be registered. (stalawfirm,2018-19)

Unauthorized publication of an author’s work constitutes a criminal offense and penalizes the
offender with a fine of minimum fifty thousand (50,000) UAE Dirhams(stalawfirm,2018-19)

Copyrights

According to Federal Law No. 7 of 2002 on Copyrights and related rights, an

intellectual work is any original work in the areas of literature, arts or science,
whatever its description, form of expression, significance or purpose. The following
intellectual works are protected under copyrights law:
1. Books, booklets, articles and other literature
2. Computer software and applications, databases and similar works defined in a
decision to be issued by the Minister of Economy
3. Lectures, speeches, sermons and other works of similar nature
4. Plays, musicals and pantomimes
5. Musicals accompanied by dialogues and musicals which are not accompanied by
dialogue
6. Audio and video works or audio-visual works
7. Architectural work and architectural plans and drawings
8. Drawings, paintings, sculptures, etchings, lithography, screen printing, reliefs
and intaglio prints and other similar works of fine art
9. Photographic work and the likes
10. Works of applied art and plastic art
11. Charts, maps, plans, 3-D modelling for geographical and topographical
applications and architectural designs etc.
12. Derivative works, subject to the protection afforded to the work(s) upon which
they are based. The protection shall extend to the title of the work, if created, as
well as the creative concept devised for broadcast material. (Government.ae,
2019)

Intellectual work registration

Ministry of Economy is the competent authority to register intellectual works in the
UAE. To register intellectual works, you can submit an online application via the
ministry’s website. (Government.ae, 2019)

Duration of protection
According to Article 20 of Federal Law No. 7 of 2002 on Copyrights and related
rights, the economic rights of the author under this Law shall be protected for the
duration of his life plus 50 years starting from the first day of the calendar year
following his death. Economic rights of applied art works expires after 25 years,
which start from the first day of the calendar year following their first publication.
(Government.ae, 2019)

Industrial Designs

The United Arab Emirates Patent and Design Law (Federal Law number 44 of
1992) initially provided for registration of industrial designs.
With the constitution of the new Intellectual Property Design Rights
department within the Ministry, it is now possible to register designs by
way of three-dimensional trademarks to obtain the broadest protection
possible. (stalawfirm,2018-19)

Industrial design rights in the United Arab Emirates get approved for the
novel and ornamental or aesthetic aspects of an article, such as the
shape of an article, patterns, lines or colors. Industrial designs relate to
aesthetic features and not technical features. Applicants desirous of
obtaining Industrial Design rights should apply at the Design Registry of
the Ministry of Economy. (stalawfirm,2018-19)

Industrial Design under law 17 of 2002

i. Applicants can obtain the ‘industrial drawing’ and design

certificate provided it does not violate the public order or morals
of the state.
ii. The term of protection is ten (10) years from the filing date.
 iii. The owner of an industrial drawing and design certificate
can prevent any other party from undertaking the following
activities:
iv. Use of the industrial drawing, design, or model for
manufacturing any product; v. Importation or acquisition of any
merchandise relating to the drawing, design, or model with the
intention of using or selling that product. (stalawfirm,2018-19)

Copyrights
According to UAE's Federal Law No. 7 of 2002 on Copyrights and related rights,
intellectual work is considered as authentic work in the fields of literature, arts or
science, regardless of its description, the way its expressed as well as significance or
purpose. The UAE protects the following under their copyright law:

1. Original works of books articles, booklets and other literary works.

2. Computer programs, software and applications, databases and similar works as
defined by the Minister of Economy
3. Original Lectures, speeches, sermons and other similar natured work
4. Plays, musicals and pantomimes
5. Musicals with dialogues and speaking as musicals with no dialogues
6. Video works or Audio works or can be audio-visual works
7. Architectural work and architectural plans and drawings
8. Drawings, paintings, sculptures, etchings, lithographs, screen printing, reliefs and
intaglio prints and other similar works of fine art
9. Photographic work and the likes
10. Works of applied art and plastic art
11. Plans, maps, charts 3-D modelling for topographical as geographical applications
and exclusive architectural designs, etc.
Works derived from other works, subject to the condition to the protection given to the
work upon which they are derived. The protection shall extend to the title or name of the
work is created, as well as the creative concept devised for publishing material.
(Commitbiz,2019)

How To Register a Copyright

The UAE Ministry Of Economy is the authorized body for the purpose of registration of
copyright. An online application is to be filled out and submitted through the ministry's
website for the same. A few of the documents required are

• An application for the copyright duly filled out

• Power of Attorney legalised to the UAE consulate
• A sample of the original work
• Identification proofs of authors/owners
• Fee payment as well as contact details (Commitbiz,2019)

Duration of a Copyright
The exclusive right to allow reproduction, importing, exporting distribution, selling or
other activities that involve monetary or economic benefits shall be protected throughout
the lifetime of the author plus 50 years starting from the first day of the calendar year
following their death. However, when it comes to works of applied art, these same rights
expire after 25 years following the first day of the calendar year since the work was
Also, if the books or poems of an author are published after their death, the validity of
the copyright is similarly 50 years. (Commitbiz,2019)

Copyright law - how does the UAE compare with common law jurisdictions?
Gowling WLG

United Arab Emirates February 16 2017

Civil law and common law traditions exert divergent influences on certain
features of national copyright laws, which results in major differences between
copyright law in civil law jurisdictions and in common law jurisdictions:
In civil law jurisdictions, the protection of the author is the cornerstone of copyright
law. As a result, copyright law is aimed at protecting both the author's economic
interests and the author's reputation against the unauthorized use or alteration of his/her
works. To this end, authors are granted some non-transferable rights and retain
copyrights in their works absent any express assignment of rights, even in the context of
an employment contract. (Gowling WLG,2017)
In common law jurisdictions, copyright law promotes progress and economic benefits
arising out of a work. As a result, an author is seen as a transferor of rights that
constitute a source of economic benefits for the community. As such, all of the authors'
rights are transferable, and employers or commissioning parties may benefit from an
automatic assignment of rights in a work to facilitate investment and exploitation of the
rights.
The UAE is a civil law jurisdiction, highly influenced by French law and Islamic law. As
such, the provisions of the UAE copyright law fundamentally diverge, in some respects,
from copyright law in common law jurisdictions (such as the United Kingdom (UK),
Ireland, the United States, Australia and New-Zealand). (Gowling WLG,2017)

Since the UAE is attracting more and more businesses in a wide variety of sectors, it is
paramount for these companies employing people and/or commissioning works in the
UAE to know the differences between the copyright law in the UAE and the copyright
laws in common law jurisdictions. (Gowling WLG,2017)

This article highlights some of the typical main differences between UAE copyright law
and the copyright laws in common law systems, which any business operating or
looking to operate in the UAE should be aware of.
No automatic transfer of copyrights
In both civil law and common law countries, the general rule is that copyright initially
vests in the author of the work.
However, in common law countries, the copyright may initially vest in the employer or
another person/entity for whom the work was prepared.
In the United-States, under the "work made for hire" doctrine, the copyright in a work
created by an employee within the scope of his/her employment will automatically
(without a written assignment) and initially vest in the employer. A commissioner may
also own the copyrights in a work made by an independent contractor as a work made
for hire under certain circumstances. (Gowling WLG,2017)

This doctrine is premised on the principle of facilitation of investment and exploitation.

A similar rule exists under the laws of the UK and the laws of Ireland with respect to
works made by an employee in the course of his/her employment.
In civil law countries, however, ownership of copyrights in a work vests in the author of
such work, until the copyright is assigned through a written assignment instrument.
As a result, unlike what it is often assumed, an employer or a commissioning party does
not automatically own the copyrights in the work made by an employee in the course of
his/her employment or commissioned to an independent contractor. This rule applies in
the UAE and is a public order rule. (Gowling WLG,2017)

Under the UAE Copyright Law, absent a written assignment of copyrights in

employment contracts or commissioning agreements, the copyrights will not be passed
through to the employer or commissioner of the work, and will remain with the employee
or the independent contractor (unless the work may qualify as a collective work under
Article 1 of the UAE Copyright Law, which may be difficult to prove in practice).
Confirmatory assignments may also have to be put in place for the assignment of
copyrights to the employer or commissioner to be valid under UAE law, as explained in
section two below. (Gowling WLG,2017)

Companies must therefore ensure that adequate assignment agreements are put in
place with their employees and independent contractors in the UAE to ensure the
effective transfer of the rights to the company.
It is paramount for all companies in the UAE, but especially those with research and
development (R&D) departments (laboratories, cosmetic companies, etc.), design
offices in the UAE (fashion brands, etc.), or creating content in the UAE (advertising
agencies, design/brand agencies, etc.) to include in their standard employment
contracts an express assignment in their favour in respect of the copyrights in the works
created by their employees in the course of their employment. We also strongly
recommend that companies put in place with their employees a system of confirmatory
assignments of the copyrights in the works created in the course of the employment
contract (see section two below). (Gowling WLG,2017)

Likewise, any companies, regardless of their field of activity, should ensure that their
agreements instructing third party contractors and governed by UAE law contain the
relevant assignment clauses allowing the copyrights in the deliverables ordered to be
transferred to the company (such as a logo, a web design, a retail design, a packaging,
a software, the architecture of a building, etc.). A clause merely referring to the
assignment of all the rights in the works as works 'made for hire' would be irrelevant and
ineffective. (Gowling WLG,2017)

It is important to note that a copyright assignment is only valid under the UAE Copyright
law if it satisfies a number of conditions, including that the assignment should: be in
writing, expressly specify the rights assigned, and include statements of the purpose for
which the rights are assigned and the geographical area in respect of which the rights
are assigned. In addition, one must note that under UAE law, an assignment of
copyrights in more than four future works is null and void, as further detailed in section
two. (Gowling WLG,2017)
Without an assignment that complies with the provisions of the UAE Copyright Law,
companies are at risk of having to defend a copyright infringement claim from the owner
of the rights that were not transferred (either an employee or a contractor), on the basis
of the unauthorized use of its work(s), which could notably result in damages to be paid
to the claimant and an injunction to withdraw the related work(s) (or product comprising
such work(s)) from the market (hence entailing withdrawal and replacement costs).
(Gowling WLG,2017)

If the company attempted to assign the rights to a third party, such third party may also
face a copyright infringement claim from the owner of the rights. In such a situation, we
would expect the third party assignee to file a contractual liability claim against the
company that assigned to it copyrights it did not own. (Gowling WLG,2017)

In addition, in the event the company were to seek to enforce its intellectual property
rights against an alleged infringer, there is a significant risk that the alleged infringer
could be successful in challenging the ownership of such intellectual property rights,
which would result in the dismissal of the infringement claim.
Also, if a company cannot prove its ownership of copyrights, it may have a significant
impact on its ability to find investors or on the price of its business when trying to sell it.
(Gowling WLG,2017)

No general assignment of future copyrights

Another major difference between copyright law systems in civil law jurisdictions and
common law jurisdictions resides in the assignment of future copyrights. (Gowling
WLG,2017)

In common law countries, there is no prohibition on the contractual assignment of a

future copyright in a work that has yet to be created. As a result, it is possible to assign
future copyrights, i.e. copyrights in works that are still to be created.
In civil law countries, as a general rule, an agreement that concerns all the works or all
the works of a specific type that will be created by an author in the future is void.
In particular, the UAE Copyright law contains a provision that deems any disposal of the
author's future intellectual rights in five or more future works to be null and void. But if,
for example, an employee is employed in a creative role, this could mean that his/her
five works are completed within a few hours of signing any agreement. (Gowling
WLG,2017)

Strict limitations in the waiver of moral rights

As a general rule, moral rights granted to authors consist of the right of disclosure of the
works, the right of attribution (i.e. right to claim or disclaim authorship in the work) and
the right of integrity (i.e. right to prevent distortion and modification of a work).
In the United States, however, authors benefit from limited moral rights of attribution and
integrity because such rights only exist for a narrowly defined group of works of visual
arts. (Gowling WLG,2017)

Moral rights are personal and cannot be assigned. However, in most common law
jurisdictions, moral rights can be ignored. It is therefore usual practice to see in
assignments or licensing agreements governed by US, UK or Irish laws, provisions
under which authors ignore their moral rights. As a general rule, a waiver of moral rights
is only valid if it is in writing and it identifies the relevant copyrighted work(s). Such an
approach is consistent with the functional view of authors' rights in these countries.
(Gowling WLG,2017)

On the contrary, in civil law countries, including the UAE, general abdications of moral
rights would ordinarily be unenforceable as it would be equivalent to an assignment of
moral rights, which is prohibited in accordance with the traditional approach of
copyrights in civil law jurisdictions (pursuant to which authors' works are protected as
the products of the authors' personality, so that authors should be protected against any
modification of their works). (Gowling WLG,2017)

An author may only undertake in writing not to exercise his/her moral rights in relation to
a specific person or entity, provided that the agreement specifies the work(s) and
specific uses to which the undertaking applies. The more detailed these provisions are,
the greater the likelihood that they will, if challenged, prove valid and enforceable in
court.
Copyright laws in the other GCC countries contain provisions similar to the ones
described above and in force in the UAE.

Within the United Arab Emirates, copyright matters are regulated by the Federal Law
Number 7 of 2002 concerning copyrights and related rights (the Law). Article 1,
concerning the definitions, defines work as “Any innovated work, in literary, artistic or
scientific domain, of whatever type, manner of expression, significance or purpose”, and
the author as being “the person who creates the work, any person whose name is
mentioned thereon or if, upon publication, the work is attributed to him as being the author
thereof”. The Law also considers author “whoever publishes anonymous or
pseudonymous work, or in any other manner, provided that there is no doubt as to the
true identity of the author”. (Narciso,M,2015)

The Law is very specific with regards to the scope of its protection, defining which works
are protected by copyright (Article 2) and which works fall outside of its remit (Article 3).
Accordingly, books, computer programs, musical compositions with or without words,
architectural works, speeches, illustrations, or photographic and analogous works shall
be afforded the protection of copyright, whereas ideas, procedures, work methods,
mathematical concepts, abstract principles, and facts shall not. (Narciso,M,2015)

It is of further significance that the Law establishes that the derivative work enjoys its
protection “without prejudice to the protection prescribed for the works from which it has
been derived”. In other words, it means that a derivative work must always be authorized
by the author of the pre-existing work. Article 7 of the Law states that “the author alone
and his successors, or the owner of the author’s right, may authorize the exploitation of
the work in any manner whatsoever”, listing some of the different ways in which this may
be achieved. If the author grants this right, it is important to clarify that the author is not
selling his right or allowing plagiarism, he is simply allowing someone to create something
new, with his original work as a starting point. (Narciso,M,2015)

However Article 21 grants an exception to this right of the author, stating that “any person
may request from the Ministry to be granted a compulsory license for reproducing and/or
translating any work protected (…)”. Those “licenses shall be issued, pursuant to a
justified decision, in which is specified the scope of time and place of its exploitation as
well as the fair consideration due to the author, provided however that the objective of
issuing such license shall always be restricted to the fulfillment of the requirements, of all
kinds and on all levels, of education; or the requirements of public libraries and archives”.
(Narciso,M,2015)

Another exception is the fair use. This doctrine defends the possibility of using the original
work without permission in some special cases, most of the time as defined by Law. The
UAE copyrights law contemplates this possibility as Article 22, stating “without prejudice
to the moral rights of the author provided for in this law, the author may not prevent third
parties, after the publication of his work, from performing any of the following acts”, going
on to list circumstances which shall not be considered as infringement of the copyright of
the author. The most well-known examples are the use of the work in a study or research,
education or citations within the customary limits of the work for the purpose of criticism,
discussion or information, where the source and name of the author are cited. It is of
extreme importance to stress that minor changes without authorization from the author
will be considered as plagiarism, even where a new work derived from or based on a pre-
existing work is concerned. Any lack of authorization or license from its author it will be
considered a copyright infringement. (Narciso,M,2015)

Thus, in a world in which sequels, remakes, translations and remixes are part of
everybody’s life, copyright protection is a subject that we should all consider in order to
avoid trouble. We have to bear in mind the topic involves many grey areas, where
plagiarism, old work and derivative works often appear indistinguishable. The best
approach in order to avoid problems would therefore be to consult a specialized lawyer
before using any pre-existing work. (Narciso,M,2015)

5.

Intellectual Property Service

(Commitbiz,2019)
https://www.commitbiz.com/intellectual-property-services-uae

Latest text of Berne Convention (1971 Paris Act plus Appendix)

Article 1
The countries to which this Convention applies constitute a Union for the protection of the
rights of authors in their literary and artistic works.
Article 2
(1) The expression ‘literary and artistic works’ shall include every production in the literary,
scientific and artistic domain, whatever may be the mode or form of its expression, such as
books, pamphlets and other writings; lectures, addresses, sermons and other works of thesame
nature; dramatic or dramatico-musical works; choreographic works and entertainments in
dumb show; musical compositions with or without words; cinematographic works to which are
assimilated works expressed by a process analogous to cinematography; works of drawing,
painting, architecture, sculpture, engraving and lithography; photographic works to which are
assimilated works expressed by a
process analogous to photography; works of applied art; illustrations, maps, plans, sketches and
three-dimensional works relative to geography, topography, architecture or science.
(Berne Convention, 1971)

(2) It shall, however, be a matter for legislation in the countries of the Union to prescribe that
works in general or any specified categories of
works shall not be protected unless they have been fixed in some material form.
(3) Translations, adaptations, arrangements of music and other alterations of a literary or
artistic work shall be protected as original works without prejudice to the copyright in the
original work.
Article 2bis
(1) It shall be a matter for legislation in the countries of the Union to exclude, wholly or in part,
from the protection provided by the preceding Article political speeches and speeches
delivered in the course of legal proceedings. (Berne Convention, 1971)

(2) It shall also be a matter for legislation in the countries of the Union to determine the
conditions under which lectures, addresses and other works of the same nature which are
delivered in public may be reproduced by the press, broadcast, communicated to the public by
wire and made the subject of public communication as envisaged in Article 11bis(1) of this
Convention, when such use is justified by
the informatory purpose.
(Berne Convention, 1971)

Latest text of Berne Convention (1971 Paris Act plus Appendix)

(Berne Convention, 1971)
https://global.oup.com/booksites/content/9780198259466/15550001
Gowling WLG - Vanessa Delnaud

Copyright law - how does the UAE compare with common law jurisdictions?
Gowling WLG
2017
(Gowling WLG,2017)

https://www.lexology.com/library/detail.aspx?g=f3d97ef5-d064-4db8-b028-f7e518507651

Copyright law in the UAE: it's not what you might think
Neil Wilkof Tuesday, February 21, 2017 - assignment, copyright, moral
rights, transfer, UAE

“It is common practice for many companies operating in the UAE to run their business on the
assumption that the principles enshrined in the UAE Federal Copyright Law are the same as
those applied in common law jurisdictions. This is not the case. This false belief may have a

Copyright law in the UAE: it's not what you might think
Neil Wilkof Tuesday, February 21, 2017 - assignment, copyright, moral
rights, transfer, UAE
http://ipkitten.blogspot.com/2017/02/copyright-law-in-uae-its-not-what-you.html

Criminal Liabilities Arising from Infringing Intellectual Property Rights

by Bassam AlAzzeh
Omar Khodeir

Published: June – July 2017

Criminal Liabilities Arising from Infringing Intellectual Property Rights

by Bassam AlAzzeh - b.alazzeh@tamimi.com
Omar Khodeir
Published: June – July 2017
https://www.tamimi.com/law-update-articles/criminal-liabilities-arising-from-infringing-
intellectual-property-rights/
(AlAzzeh,B,2017)
Copyright Infringements - Legal Perspectives - UAE

Published on : 23 Jul 2015

Author(s):M Narciso

I'm sure someone has told you, "I have an idea"! And when someone has an idea

that is (or is believed to be) great’ the question is - how can they protect it? But

did you know that an idea cannot be protected under the copyright law? Or did
you know that in the United Arab Emirates the financial rights of the author are protected
all through the lifetime of the author and fifty years thereafter, commencing as of the
beginning of the calendar year subsequent to the author’s death? In fact, what do we
know about intellectual property? The truth is that this is definitely a “new area”, unfamiliar
to most of the people - but is one which moves millions of dollars every year all around
the world. Everything from the paintings we know, the books we read, the music we listen
to (and the so-called plagiarism associated therewith) is all covered broadly by the
practice area of intellectual property, and specifically by copyright law.

But let’s start from the beginning - what work is protected by copyrights?

Copyright Infringements - Legal Perspectives - UAE

Published on : 23 Jul 2015

Author(s):M Narciso

(Narciso,M,2015)

https://www.stalawfirm.com/en/blogs/view/copyright-infringements-uae-law.html
Intellectual Property Guide United Arab Emirates
(stalawfirm,2018-19)
https://www.stalawfirm.com/public/uploads/downloads/UAE-Intellectual-Property-
Guide.pdf

Intellectual property
(Government.ae, 2019)
Updated on 23 Oct 2019
https://government.ae/en/information-and-services/business/intellectual-property

Intellectual Property Service

(Commitbiz,2019)
https://www.commitbiz.com/intellectual-property-services-uae

Latest text of Berne Convention (1971 Paris Act plus Appendix)

(Berne Convention, 1971)
https://global.oup.com/booksites/content/9780198259466/15550001

Copyright law - how does the UAE compare with common law jurisdictions?
Gowling WLG
2017
(Gowling WLG,2017)

https://www.lexology.com/library/detail.aspx?g=f3d97ef5-d064-4db8-b028-f7e518507651
Criminal Liabilities Arising from Infringing Intellectual Property Rights
by Bassam AlAzzeh - b.alazzeh@tamimi.com
Omar Khodeir
Published: June – July 2017
https://www.tamimi.com/law-update-articles/criminal-liabilities-arising-from-infringing-
intellectual-property-rights/
(AlAzzeh,B,2017)

Copyright Infringements - Legal Perspectives - UAE

Published on : 23 Jul 2015

Author(s):M Narciso

(Narciso,M,2015)

https://www.stalawfirm.com/en/blogs/view/copyright-infringements-uae-law.html