Federal Law No.

44 of 1992 Concerning the Organization and Protection of the Industrial Property of Industrial Patents, Drawings and Models

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Federal Law No. 44 of 1992 Concerning the Organization and Protection of the Industrial Property of Industrial Patents, Drawings and Models
We Zayed Bin Sultan Al Nahyan, President of the United Arab Emirates; After perusal of the provisional Constitution; and Federal Law No. (1) of 1972 concerning the jurisdictions of ministries and powers of ministers as amended; and Federal Law No. (5) of 1976 concerning the Federation of Chambers of Commerce and Industry; and Federal Law No. (1) of 1979 regulating the industry affairs; and Federal Law (4) of 1979 concerning the suppression of fraud and deceit in commercial transactions; and Federal Law No. (8) of 1984 concerning Commercial Companies as amended; and Pursuant to the proposal of the Minister of Finance and Industry and the approval of the Cabinet and the ratification of the Federal Supreme Council, Promulgated the following Law : Chapter I Definitions and General Provisions Article (1) For the implementation of the provisions of this Law, the following words and expressions shall have the meanings set opposite thereto, unless otherwise specified by the context :Minister Department : : Minister of Finance and Industry . Department of Industrial Property at the Ministry of Finance and Industry and its branches in UAE .

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Committee

Complaints Committee pertaining to the Department of Industrial Property.

Competent Court Protection Deed

: :

Civil Court of First Instance. The document proving the industrial property

registration of the patent, or the beneficial use certificate or the industrial drawing or model. Patent : The Protection Deed given to the invention by the Department of Industrial Property in the State's name . Practical Know how : The information, data or knowledge resulting from the experience acquired from a vocation of a technical nature and practically applicable. Industrial Model : Any configuration of lines or colours or any embossed form linked to such lines and colours or not, provided it gives a particular appearance and may be used as a model for an industrial or craft product. Mark of Origin : The expression or symbol used to show the product origin whether it is a country , a group of countries, a state or a territory. Article (2) The provisions of this Law shall be without prejudice to the stipulations of the international agreements and treaties to which UAE is a party, and which regulate the rights of citizens of the countries that are parties to such agreements and treaties and the rights of persons who are treated as such.

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A foreigner not included by the provision of the previous para, shall enjoy the same rights as a citizen under this law if he holds the nationality of a state that treats UAE on a reciprocity basis. Article (3) The executive regulations of this law shall determine the temporary protection provisions for industrial inventions, drawings and models with regard to the products displayed at exhibitions inside the State, subject to the provisions of the agreements and treaties or the reciprocity clause. Chapter II Inventions Section 1 Patent and Beneficial Use Certificate Article (4) A patent shall be granted to any new invention resulting from an original idea or original improvement of an invention protected by a patent, both based on scientific foundations and industrially exploitable whether concerning new industrial products, newly introduced industrial methods or techniques or a new application of known industrial methods or techniques. An invention shall be considered industrially applicable if it can be applied or used in any type of industry in its broad sense including agriculture, fishing, handicrafts and services. Article (5) A beneficial use certificate shall be granted to industrially applicable new inventions, but which are not the result of a sufficient original activity warranting the granting of a patent therefor.

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Article (6) No patent or beneficial use certificate shall be granted to the following : 1- Plant or animal research or biological methods for plant or animal production with the exception of microbiological methods and products thereof. 2- Chemical inventions related to food, drugs or pharmaceutical compositions unless such products are manufactured by special chemical methods, in which case the protection shall not be granted to the products themselves but to their manufacturing method. 3- Scientific principles and discoveries. 4- Inventions related to national defence. 5- Inventions whose publication or exploitation results in a breach of the public order or morals. Article (7) 1- Without prejudice to the provisions of Art. (9) hereof, the right to an invention shall be to the inventor or his legal successor . 2- If two or more persons participate in an invention, the right to such invention shall be for them or their legal successors in common. Any person whose efforts are restricted to assisting in carrying out an invention without taking part in any innovative step, shall neither be considered an inventor neither in the rank of an inventor. 3- Without prejudice to the provisions of Art. (8) and (9) hereof, any person who deposits first an application for a patent or a beneficial use certificate or any person who claims first priority on the same invention, shall be considered an inventor or an inventor's successor.

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4- Any interested person may complain and object to the decision accepting or refusing the application according to the provisions of this Law and its executive regulations. Article (8) If the substantial elements of an invention have been obtained from another person's invention without his approval thereon or on the deposit of the protection application, the person who has been injured as a result of this infringement (piracy) may request that the application or the patent or beneficial use certificate be transferred to him, in case it had been granted to the violator. Article (9) 1- If an invention performed through the implementation of a contracting or employment contract, the right to such invention shall be to stipulated by the agreement. 2- If an invention has an economic value beyond the parties' imagination on signing the contract, the inventor shall be entitled to an extra compensation to be determined by the Court if the parties fail to agree on a specific amount. 3- If an employee whose employment contract does not stipulate that he shall carry out an innovative activity, makes an invention related to the employer's field of activity, using thereby the latter's expertise, documents, tools or raw materials made available to him through the work, the right to such invention shall be to the employee - inventor 4 months after submitting the report stated in para (4) of this Article to the employer about the invention, or as from any date on which the employer came to know by another way of the invention being made without showing any readiness to own it by a written declaration. 4- The employee - inventor must immediately notify the employer of his invention by a written report. the employer unless otherwise

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5- If the employer shows his readiness to own the invention during the period indicated in para (3) hereinabove, the right to such invention shall be his from the moment the invention is realized. The employee - inventor shall be entitled to a fair compensation taking into consideration his salary, the economic value of the invention and any benefit resulting therefrom to the employer. Should the parties fail to agree on a compensation, it shall be determined by the Court. 6- Any agreement giving the employee less benefit than what is stipulated by the proof this Article shall be null and void. Article (10) The inventor's name shall be stated in the patent or the beneficial use certificate, unless such inventor declares in writing his intention that his name be not mentioned. The application for the invention's registration as well as the data shall be submitted according to the stipulations of the executive regulations hereof. Article (11) A registration application may include the wish to grant priority to the registration of a previous application submitted earlier in another state which is a party to an agreement or treaty with UAE. In such case, the application must indicate the date and entry number of the previous application and the name of the State where it was submitted as provided for by the executive regulations of this Law . Article (12) The Department shall examine the registration applications pursuant to the provisions of the Law and its executive regulations and may request anything it deems necessary to grant the patent or beneficial use certificate. In case the registration is rejected, the Department must notify the applicant thereof and he may file a complaint to the Committee within 60 days from the date of notification.

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Article (13) Patents and beneficial use certificates shall be granted by a decision from the Minister and shall be published in the Official Gazette. Any interested person may complain to the Committee within 60 days from the date of publication. The patent or beneficial use certificate shall be delivered to the person entitled thereto, if no complaint connected thereto is filed during the period specified in the above para, and after being entered in the special register. The patent or certificate shall bear the number of entry, the date of issue, the payment of the entry or renewal fee and any other data as provided for in the executive regulations hereof. Article (14) The patent's term is fifteen (15) years and the term of the beneficial use certificate is ten (10) years commencing both as from the date of filing the registration application and may be renewed once not to exceed 5 years as regards the patent. The renewal application shall be filed during the last 3 months of the original period. Such renewal shall be conditional upon the inventor's bringing evidence that the invention has a special importance and that he has not obtained therefrom a benefit commensurate with his efforts and activity. Patents granted according to the provisions of para (2), Art. (6) hereof shall be for a period of ten (10) years and not renewable. The executive regulations shall fix the registration and renewal fees and a yearly progressive fee to be paid from the year following the deposit of the registration application. Such yearly fee shall be paid during the last 3 months of each year, otherwise the patent or certificate shall become invalid. The fee may be accepted if paid during 30 days from the expiry of the previous period against an extra fee determined by the executive regulation. In all events, the annual fees may be paid in advance for all or part of the patent's or certificate's term.

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Article (15) A patent or beneficial use certificate shall entitle its owner to prevent others from carrying out the following : 1- To manufacture, import, offer for sale, sell and use the product or keep it for the purpose of offering it for sale or using it when a patent or beneficial use certificate is given for a product. 2- To use the method and carry on any of the activities referred to in para (1) hereabove with regard to a product obtained directly by the method when a patent or beneficial use certificate is given for a method. Article (16) 1- The scope of protection granted by a patent or a beneficial use certificate shall be indicated in the registration application. 2- The description and engineering drawings shall be used in explaining the content of the registration application. Article (17) The rights granted by a patent or beneficial use certificate shall be restricted to the works undertaken for industrial or commercial purposes. Such rights shall not extend to the works concerning a product protected by such right once it is sold in UAE. Yet, if a patent or a beneficial use certificate is also related to a special use of the product, its owner shall have the right to keep such use. Article (18) If a bona fide person manufactures a product, uses a method subject matter of an invention or takes serious arrangements for such manufacture or use in UAE on the date

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the protection application is deposited by another person or on the date of the priority rightfully claimed as regards such application, the former, in spite of granting the patent or beneficial use certificate, shall have the right to go on undertaking such activities and the other activities referred to in Art. (15) hereinabove with regard to the products resulting therefrom. Such right is personal and may not be transferred, except along with the establishment benefiting therefrom. Article (19) 1- A patent or a beneficial use certificate or the application therefor may be transferred to third parties before same are granted . 2- An assignment of a patent, beneficial use certificate or application thereof shall be effected in writing and signed by the contracting parties before the officer in charge at the Department or their signatures attested by notary public. 3- An assignment of a patent or a beneficial use certificate shall be entered in the register prepared for this purpose against a fee to be fixed by the Executive Regulations. 4- Such assignment shall not be opposable towards third parties except after entry in the patents or beneficial use certificates registers and publication thereof in the Official Gazette . Article (20) Joint owners of a patent or a beneficial use certificate may individually assign to third parties their share in the invention protected by a patent or a beneficial use certificate, exploit such invention and exercise the rights granted by Art. (15) hereinabove, unless otherwise agreed. However, they may not grant an authorization to third parties to exploit the invention except jointly .

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Article (21) A patent may be pledged as security for paying a debt either separately or with commercial premises . Such pledge shall be entered in the patents register and published in the Official Gazette. Article (22) Creditors may attach patents or beneficial use certificates owned by their debtors according to the procedures applicable to seizure of movables or procedures applicable to garnishments as the case may be. The Department shall exempt the garnishee from declaring the debt owed by to the debtor. The creditor shall notify the seizure and the award of the auctioneer to the Department, in order to have them entered in the special register. Such seizure and auctioneer's award shall be published in the Official Gazette and the prescribed fees shall be collected as stipulated by the executive regulations. The seizure and auctioneer's award shall have no effect concerning third parties except from the date of publication.

Section II Compulsory Licences and Expropriation of the Invention Property Article (23) 1- Any interested person, at any time after the expiry of 4 years from the date of depositing a patent application or 3 years from the date of granting it as well as at any time after the expiry of 3 years from the date of depositing the beneficial use certificate application or 2 years from the date of granting it, may, pursuant to the procedures indicated in Art. (29) hereinbelow, obtain a compulsory licence for one or more of the following reasons :

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a- The invention protected by a patent or beneficial use certificate which may be exploited in UAE, is not exploited as per the provisions of para (3) of this Article. b- The exploitation of the invention protected by a patent or beneficial use certificate in UAE does not meet the demand for the product under reasonable conditions. c- The exploitation of the invention protected by a patent or beneficial use certificate in UAE has been discontinued by the investor during two consecutive years. d- The refusal of the patent's or beneficial use certificate's owner to licence it contractually with fair conditions has led to a basic breach of the setting up or developing the industrial or commercial activities in UAE. 2- In all the above cases, a compulsory licence shall not be given if the patentee or the owner of the beneficial use certificate justifies his attitude on basis of legitimate reasons. The import of a product shall not constitute a legitimate reason. 3- For the purposes of this Article, the exploitation of an invention protected by a patent or beneficial use certificate shall mean the manufacture of a protected product, the use of a protected method or the use of a device protected in the manufacture by an establishment actually existing and active in UAE. Article (24) 1- An authorized compulsory licence shall grant the licence holder the right to carry on part or all of the activities referred to in Art. (15) hereinabove as per the licensing conditions with the exception of the right to import the product. 2- A licence holder shall be entitled to use the civil and penal rights of the patentee or the holder of a beneficial use certificate in order to protect and exploit the invention if either omits to do so in spite of being informed or being aware of any illegal act.

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Article (25) 1- Should it be impossible to exploit an invention protected by a patent or beneficial use certificate in UAE without violating rights derived from a patent or beneficial use certificate granted upon a previous application, the patentee or the owner of the latter beneficial use certificate may be granted a compulsory licence at his request as per the conditions stated in Art. (28) hereinbelow, to the extent necessary to exploit his invention if it serves industrial purposes different from those of the invention subject matter of the former patent or beneficial use certificate or constitutes a noticeable technical advance in comparison therewith. 2- If both inventions serve the same industrial purpose, the compulsory licence shall be given to the latter patentee or owner of the beneficial use certificate with preserving their right of to obtain a licence for the following patent or beneficial use certificate, if he so request. 3- Yet, both parties may agree between themselves in writing and notify the Department of their agreement to enter it in the special register. Article (26) A compulsory licence for the exploitation of an invention may only be granted after the licence applicant brings evidence that the invention owner has been notified thereof by registered letter and that he failed to reach an agreement within a reasonable time and with fair conditions. Article (27) A compulsory licence shall only be granted to the applicant who provides the necessary guarantees for an exploitation of the invention in a sufficient manner so as to remedy to the shortage aspects or to meet the needs which have led to applying for obtaining the compulsory licence.

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Article (28) 1- A compulsory licence may not be unconditional. 2- Compulsory licence conditions may include obligations and restrictions on each of the licensor or the licensee by a compulsory licence. Article (29) A compulsory licence application shall be filed to the Competent Court in the form of an action in which the patentee or the beneficial use certificate's holder shall litigate and which shall be notified to the Department to dispatch its representative. The Court may give both parties a respite fixed by it to agree between themselves which respite may be extended if deemed justifiable by the Court. In case such respite expires, the Court shall look into the application by refusing to grant the compulsory licence or by granting it with determining its conditions and scope and fixing the compensation for the patentee or the beneficial use certificate's holder pursuant to Art. (23) hereinabove. The judgment shall be notified to the other party and to the Department to enter it in the special register, and it shall be published in the Official Gazette after paying the prescribed fee. Such judgment shall have no effect with regard to third parties except from the date of publication. Article (30) 1- A compulsory licence may only be transferred with the licensee's establishment or with that part of his establishment which exploits the invention. Such transfer shall be effected with the approval of the authority that granted the compulsory licence otherwise it shall be null and void. The provisions of Art. (29) and (32) hereof shall apply to the transfer. 2- He who has been granted a compulsory licence may not in his turn give sub-licences.

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Article (31) 1- The authority which has granted a compulsory licence may modify its conditions at the request of the patentee or the holder of the beneficial use certificate or the holder of a compulsory licence, if this is warranted by new facts and particularly if a patentee or a beneficial use certificate's owner has been granted a contractual licence with better conditions than those of the compulsory licence. 2- The authority which has granted a compulsory licence, may decide to cancel it at the request of the patentee or the beneficial use certificate's owner if the licensing conditions are not followed by the licensee or if the reasons having warranted its giving no longer exist in which case the licensee shall be given a reasonable respite to stop exploiting the invention if the immediate stoppage causes him heavy damage. 3- The provisions of Art. (36) and (37) of this Law shall apply to the modification and cancellation of compulsory licenses. Article (32) Compulsory licences and anything issued in their respect shall be entered in the special register and published in the Official Gazette after paying the prescribed fees as specified by the executive regulations of this Law. Article (33) By a decision of the Minister, an invention may be expropriated or a compulsory licence issued for its exploitation without observing the dates provided for in Art. (23) hereinabove if such invention is important for the public interest, the national defence or economy. This may include all or part of the rights attached to the invention without prejudice to the right of a patentee or a beneficial use certificate's holder to the compensation estimated by the Committee . Prior to issuing such decision, the patentee or the beneficial use certificate's holder shall

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be notified to express his point of view in this respect. The expropriation or compulsory licence decision shall be entered in the register and published in the Official Gazette. The decision of expropriation, compulsory licence or compensation estimation may be challenged before the competent Court within 60 days from the date of notifying the patentee or the holder of a beneficial use certificate .

Section III Relinquishment of Patents, Beneficial Use Certificates or Licences and Cases of Cancellation Thereof Article (34) A patentee, or the holder of a beneficial use certificate or the owner of a compulsory licence may relinquish same by a notification in writing to the Department and to any person having right in any of them. A relinquishment may be restricted to one or more rights granted by the patent, the beneficial use certificate or the compulsory licence without detriment to third parties' rights unless relinquished in writing. Such relinquishment shall be entered in the special register and shall only become effective from the date published in the Official Gazette . Article (35) Any interested person may have recourse to the Competent Court to request the cancellation of a patent, beneficial use certificate or compulsory licence. The patentee, the owner of a beneficial use certificate or the licensee, the Department and any person having a right in any of them must be notified in the following cases :

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1- If a patent, certificate or licence is granted without meeting the conditions provided for in this Law or its executive regulations. 2- If a patent, certificate or licence is granted without due consideration to the priority of the previous appursuant to Art. (11) hereinabove. An application for cancellation may be restricted to a part of a patent, certificate or licence in which case the judgment rendered shall be considered as a limitation to the rights granted thereby. Article (36) Subject to the provisions of Art. (31) hereinabove, a judgment cancelling a patent, certificate or licence in whole or in part shall cause such cancellation to be considered effective from the date of granting such patent, certificate or licence. Yet, its holder shall not be compelled to repay compensations obtained for exploiting the invention or the compulsory licence if the benefit of the exploiter or licence holder has been proved. A cancellation judgment shall be entered in the special register and published in the Official Gazette . Section IV Provisions Concerning Some Inventions Article (37) 1- A patentee, beneficial use certificate's owner or his legal successor shall be entitled to obtain an extra patent or beneficial use certificate given for the improvements, changes or additions made to the invention after its protection. The application for extra protection shall be subject to the same conditions of the application for original protection. Such extra protection shall have the same effects than the original protection.

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2- The period of the extra protection shall expire upon expiry of the original protection period. Yet, the cancellation of the original protection period shall not necessarily cause the cancellation of the extra protection. The executive regulation shall fix the annual fees of the extra protection. 3- Prior to granting an extra protection, the application therefor may be modified to an independent patent or beneficial use certificate application. Article (38) 1- No patent or beneficial use certificate may be given for a secret invention. An invention shall be deemed secret when it concerns national defence unless otherwise decided by the Minister of Defence. 2- The Department shall, through examination of the protection application, immediately notify the Minister of Defence by a written report attached to such application if it appears that the invention concerns national defence matters. 3- Based upon the Minister of Defence's decision, an invention shall be considered secret or allowed to be protected according to the usual procedures. 4- If considered effectively secret, an invention may not be published. 5- The owner of the invention shall assign it to the Ministry of Defence against a fair compensation. Section V Practical Know - How Article (39) Without prejudice to the rights granted by a patent or beneficial use certificate, a practical

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know-how shall enjoy protection from any illegal use, disclosure or publication by third parties so long as it is not published or made available to the public's general use. In order to enjoy protection, the owner of a practical know-how should take the necessary measures to maintain the secrecy of its elements as shown by the executive regulations of this Law. Article (40) Any person having by his own means been able to develop an industrial method or practical know-how concerning the use of industrial techniques and means or having obtained same by a legal way, may use such method or practical know-how by himself or announce it to third parties, even if another person has reached the same method or practical know-how. Article (41) A practical know-how contract shall be established in writing and include the determination of its elements, the purposes of its use and the conditions of its transfer, otherwise the contract shall be null and void . The provisions concerning the exploitation, assignment and transfer of inventions and the licensing of their exploitation shall apply to practical know - how contracts, as determined by the executive regulations of this Law. Article (42) Any use, disclosure or advertising of any practical know-how element without its holder's consent shall be considered an illegal action if taken by a person who knows its secret nature or if it is impossible for a person like him to ignore such nature. Chapter III Industrial Drawings and Models Article (43) The provisions provided for protection herein with regard to industrial drawings and models shall be without prejudice to the moral and technical rights connected thereto

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whether their origin stems from the law or the international agreements and treaties to which the State is a party. Article (44) An industrial drawing or model shall enjoy the protection prescribed herein only after being entered in the special register kept with the Department. The registration application shall be filed and examined according to the procedures and fees determined in this respect by the executive regulations of this Law. Article (45) The provisions regarding priority registration stipulated in Art. (11) hereof shall apply to industrial drawings and models. Article (46) An industrial drawing or model must be new or innovated and may be used as industrial or trade product. Yet, no industrial drawing or model may be registered if it violates the public order or the morals in UAE. Article (47) An industrial drawing or model shall be registered by the Minister's decision which shall published in the Official Gazette along with such drawing or model after paying the prescribed fees. Any interested person may complain from the registration decision before the Committee within 60 days from the date of publication. Failing the filing of any complaint within such period, the registration certificate shall be delivered to its holder showing the entry number and date and any such other data as provided for by the executive regulations hereof. Article (48) The registration term of an industrial drawing or model shall be 5 years from filing the

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registration application and may be extended twice successively. The renewal application must be filed within the last 3 months of the original period. The executive regulations shall fix the registration and renewal fees and a progressive annual fee to be paid from the year following the date of deposit of the registration application. The annual fee shall be paid during the last 3 months of each year or else the registration shall become invalid. Such fee may be accepted if it is paid within 30 days from the expiry of the previous period against an extra fee fixed by the executive regulations. The renewal decision and the invalid registrations shall be published in the Official Gazette. In all cases, annual fees may be paid in advance for all or part of the protection period. Article (49) The protection prescribed for an industrial design or model hereunder shall prevent third parties from undertaking the following activities : 1- To use an industrial design or model in manufacturing any product. 2- To import or acquire any product related to an industrial drawing or model for the purpose of offering it for sale or selling it. The above activities shall not become legal just due to the fact that their field differ from the field of use of the industrial drawing or model protected by law or because they concern a product differing from the registered drawing or model. Article (50) If a bona fide person starts to undertake the activities referred to in the preceding Article before filing the registration application, he shall have the right to proceed with the activities already commenced with regard to the products he obtained. Such right shall be personal and may in no way be assigned or transferred to third parties except as part of the establishments benefiting therefrom.

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Article (51) The provisions of Art. 7,9,15,18, 19 and 20 and those of Section 2 and 3 of Chapter II hereof shall apply to industrial drawings or models. Chapter IV Contractual Licences Article (52) The protection deed holder may authorize any natural or juridical person to use or exploit the right subject matter of the protection, provided the authorization term shall not exceed the protection prescribed under the provisions of this Law. The licencing contract shall be written and signed by the part. Article (53) A licence contract shall be entered in the register of the right subject matter of the protection against the prescribed fee. The licence shall have no effect with regard to third parties except from the date published in the Official Gazette. The entry shall be stricken off at the request of the parties to the licence contract or if such contract is rescinded, adjudged cancelled or if its term expires. Article (54) A contractual licence shall not prevent the protection deed holder from exploiting or using the object of protection by himself of from granting other licences to third parties unless otherwise stipulated by the licence contract. Article (55) The licencee shall have the right to exploit and use the object of protection in the State territories throughout the legal protection period in all fields and by all means unless

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otherwise stipulated by the licence contract. A licencee shall further be entitled to make use of the rights given by the protection deed to its holder which could prevent the breach, threat or the harm of the object of protection. Said licencee shall notify the protection deed holder by a registered letter of such breach, threat or harm. If such protection deed holder neglects or slackens to take the necessary measures within 30 days of the date of notification, the licencee shall have the right to take the legal and judicial measures and claim compensation for the damages incurred by him either due to the protection deed holder's neglect or slackness or to third parties' acts. Article (56) Save the case of assignment or transfer of the ownership of an establishment or part thereof which exploits the licence, a licencee may not assign to third parties the licence or grant sub-licences unless otherwise stipulated by the licence contract. Article (57) A licence contract or a contract of assignment or transfer of ownership of the object of protection and any renewal of such contracts shall be subject to the Department's control with regard to the conditions, guarantees and rights granted by protection deeds. The Department may request the parties to modify such contracts for their best interest in the context of the law and the State's economic interests. Should the parties fail to respond, the Department may reject the contract and refrain from entering it in the register all as determined by the executive regulations hereof. Chapter V Precautionary Procedures, Offenses and Sanctions Article (58) A protection deed holder or a person upon whom has devolved all or part of the industrial property rights provided for hereunder, may request from the competent court, while

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hearing any civil or penal case or before lodging same, to render an order for provisional attachment on the invention or the industrial drawing or model or the establishment or the part thereof which uses or exploits any type of said industrial property, in case of any breach or illegal actions in violation of this Law or the contracts or licences granted according to its provisions. Article (59) A provisional attachment applicant shall deposit a guarantee to be estimated by the court before rendering the attachment writ and the plaintiff must lodge the action on the merits within 8 days from the date the court order is rendered or else the matter shall be deemed as if it had never occurred . The defendant on whom attachment is levied may lodge an action for indemnity within 60 days from the expiry of the preceding period or from the passing of a final judgment rejecting the action for merits lodged by the plaintiff . The said guarantee may only be disbursed after a final judgment is rendered in the attachment action or the action for indemnity lodged by the defendant seized. Article (60) Without prejudice to any severer punishment stipulated by another law, shall be punished by imprisonment for a period not below 3 months and not exceeding 2 years and a fine of no less than Dh 5000 (Five Thousand Dirhams) or either of such punishments whoever submits false or forged documents or information in order to obtain a patent, beneficial use certificate or practical know-how or whoever imitates an invention, processing method or a practical know-how element or intentionally encroaches upon any right protected by this Law. The same punishment shall apply if the matter concerns an industrial drawing or model.

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Article (61) A court may in any civil or penal action rule to confiscate the attached items or to be attached later and deduct their price from the fines or indemnities or dispose thereof in any other way deemed convenient by it. The court may also order to destroy or remove the effects of the act violating the Law, as well as the machines and devices used in the forgery and may further order with all the foregoing even in case of an acquittal verdict. The court may further order to publish the judgment in the Official Gazette or in a daily at the cost of the party adjudged. Chapter VI Department of Industrial Property and Final Provisions Article (62) A Department of Industrial Property shall be set up at the Ministry of Finance and Industry and shall with its branches implement the provisions of this Law and its executive regulations. The Minister shall issue a decision regulating the work at the Department and its branches and indicating how it should exercise the powers provided for in this Law and its executive regulations. Article (63) The Department employees shall have the capacity of judicial police in implementing the provisions of this Law and its executive regulations. They may not during the period of their service and thereafter disclose the secrets of their work nor give statements or information to which they were connected by virtue of their positions nor reveal or use same for their or others interest. They may not in their personal capacity keep the original of any document or paper throughout the period of their service and during 3 years following its termination, exercise the position of registration agent with the Department.

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Article (64) A Committee shall be formed by a decision of the Minister under the Chairmanship of a member of the judicial authority with 4 members representing the Ministry of Finance and Industry, the Ministry of Economy and Commerce, the Federation of Chambers of Commerce and Industry and the General Secretariat of the Municipalities in the State, to be chosen by the competent Minister, the President of the Federation of Chambers of Commerce and Industry or the Secretary General of the Municipalities as the case may be. The representative of the Ministry of Finance and Industry may not be an employee of the Department, while the representative of the Federation of Chambers of Commerce and Industry and General Secretariat of Municipalities may be employees of one of the Chambers or Municipalities in an Emirate of the State. The Committee shall have jurisdiction to settle the complaints filed by the concerned persons from the decisions issued with regard to the implementation of this Law and its executive regulations. The executive regulations shall determine the Committee's work organization, the remuneration of its members, the complaint procedures, adjudication thereof and the due fees. Article (65) The Committee's decisions may be challenged before the Competent Court according to the procedures rules applicable before such court within 30 days from the date the Committee's decision has been notified. The Court may seek the assistance of experts specialized in the litigation with the Department's opinion.

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Article (66) The executive regulations of the Law shall regulate the function of the registration officers with the Department and shall include the determination of the conditions to be met by such officers and their duties, the fees to be paid for entry in the registration officers roster and the cases of the entry's cancellation and striking off. Article (67) The executive regulations of this Law shall be issued by the Cabinet at the Minister's proposal which shall include the distribution, advancement and authorization of powers regards the implementation of the provisions of this Law, the type of registers, the examination system of the applications, data and documents to be submitted, the fees, costs and publication charges and all provisions and rules required for the implementation of the Law. Article (68) Any provision contrary to or inconsistent with the provisions of this Law shall be repealed. Article (69) This Law shall be published in the Official Gazette and shall come into force 3 months from the date of its publication. Zayed Bin Sultan Al Nahyan President of UAE Promulgated by us at the Presidential Court in Abu Dhabi On 15 Rabi Thani 1413 A.H. Corresponding to 12 October 1992 A.D.