Intellectual Property Rights – Overview of UAE Copyrights and Trademark Law

Intellectual property is the creative work of the human intellect. Intellectual property plays a vital role in the economy, and its protection is important for the following reasons:

•  To create a sense of security among creators
•  To reward and encourage creativity through incentives.
•  To encourage technological innovations.
•  To encourage fair trading, which would contribute to economic and social development.

Intellectual Property Rights (IPRs) management has assumed great significance in the present-day economy. Different types of IPRs are governed by separate laws, such as copyrights, trademarks, industrial designs, etc. In this article, we have provided an overview of the copyright and trademark law in the UAE.

What Is Copyright?

Copyright is a type of IPR that protects artistic and creative works such as works of literature, music, theatre, architecture, etc. It enables the creator/author of an original work to control the use of their work and prevent plagiarism. It gives exclusive rights to the author to make copies of its original work.

Works Protected By UAE Copyright Law

The UAE Copyright Law protects the following intellectual works:

1. Books, booklets, articles, and other literature
2. Computer software and applications, databases, and similar works
3. Lectures, speeches, sermons, and other works of similar nature
4. Plays, musicals and pantomimes
5. Musicals accompanied by dialogues and musicals that 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, architectural designs, etc.
12. Derivative works are subject to the protection afforded to the works they are based on.

Exceptions To Copyright Protection

UAE Copyright Law does not Protect the Following:

1. Ideas, procedures, working methods, mathematical concepts, principles, and abstract facts (but it shall extend to the innovative expression of any thereof)
2. Official documents, regardless of their original language or the language transmitted to them, such as texts of laws, regulations, decisions, international agreements, judicial rulings, arbitrators’ awards, and decisions issued by administrative committees having a judicial jurisdiction.
3. News and reports on current incidents and events of a purely informative nature.
4. Public domain works.

It should be noted that the items mentioned in 2,3,4 shall have protection if their compilation, arrangement, or any effort deployed in relation to them is innovative.

Is Registration of Copyright Mandatory?

It is a prevalent misconception that registration of copyright is mandatory for the author/owner to be entitled to protection under the UAE Copyright Law. This is incorrect. Under UAE Copyright Law, registration of copyright is not mandatory. A copyright originates as soon as an original work is created, and it automatically belongs to the owner even if it is not registered.

However, formally registering a copyright is highly advisable because it can serve as evidence of ownership of the work should there be any infringement dispute in the future.

Rights Granted Under UAE Copyright Law

Economic rights enable authors to commercially exploit their works. UAE Copyright Law grants exclusive rights to authors to reproduce (including downloading or electronic storage), broadcast, re-broadcast, publicly perform or communicate, translate, assimilate, modify, rent, lend, or publish their works (including making it available through computers, data or communication networks or any other means). The economic rights of an author are protected for the duration of his life plus 50 years starting from the first day of the calendar year following his death.

Moral rights – UAE Copyright law grants certain moral rights to authors such as the right to decide the first publication, the right to prohibit any modification of the work, the right to withdraw the work from circulation, paternal rights i.e. right to claim authorship of the work.

Transfer of Economic Rights

Under the UAE Copyright Law, an author or his successor may transfer or license all or some of his economic rights to a third party. Such transfer is valid only if it is made in writing and specifies the transferred right together with mentioning the object of such transfer, duration, and place of use. The author or his successor may receive remuneration in cash or in kind, in exchange for transferring any of the economic rights to a third party. Such consideration can be in the form of a share in the revenue resulting from the utilisation of those rights, or on lumpsum basis, or a combination of both.

Copyright Protection Abroad

As for copyright protection abroad, it is a general rule that a copyright owner must register its works in each country where protection is sought. For a UAE copyright, protection is automatically available in a number of countries across the world (even if the work is not formally applied for registration) because UAE is a party to the Berne Convention which is an international agreement governing copyrights.

The Berne Convention provides that each member country must give foreign works the same protections they give to their domestic works.

Infringement of Copyright

The copyright in a work is infringed if it is published or displayed without its owner’s consent. In case of infringement, an author can request the authorities to take the following measures:

1. Stopping the publication, display, or production of the work;
2. Provisional seizure of the copies of work;
3. Provisional seizure of the revenue resulting from publication or display;
4. Evidencing public performance of the work and preventing the ongoing display.

The Law also provides for the formation of a grievance committee to consider the disputes and grievances related to the author’s copyrights.

Fair Use

Some uses of copyrighted work are allowed by law, and it is not considered an infringement of that work. Such use is termed as ‘Fair Use or Fair dealing’. This doctrine permits the reproduction of copyrighted work for purposes such as research, teaching, review, private study, etc.

Fair use is a defense against an action for infringement of an exclusive right of copyright. Under UAE Copyright Law, reproduction of copyrighted work is permitted in some cases such as reproduction of a single copy for purely personal use, reproduction of a single copy of a computer program or application or database with the knowledge of the legitimate possessor, reproduction for use in judicial proceedings, etc.

Penalties InCase of Infringement

The UAE Copyright law imposes the following penalties in case of copyright infringement:

• Imprisonment for a period of no less than six months and/or a fine of no less than AED 100,000 and not more than AED 700,000 in case of the following:

1. 1. 1. Unlawfully manufacturing or importing, for the purpose of sale, rental, or circulation, any counterfeit work or copies thereof, any apparatuses, equipment, devices, or materials specially designed or prepared for defrauding protection or technology used by the author or the neighbouring right holder for transmitting, putting into circulation, regulating or managing such rights, or preserving a specific standard of purity of the copies;
      2. Unlawfully disrupting or impairing any technical protection or electronic data aiming at regulating and managing the rights prescribed by the Law.
      3.  Downloading or storing in the computer any copy of the computer program or applications thereof or databases, without obtaining a license from the author or right holder or successors thereof.

• For repeat offenders, the penalty shall be imprisonment for a period of no less than 9 months and a fine of no less than AED 500,000 and not more than AED 1,000,000.

What Is Trademark?

Trademark means any name, label, word, symbol, or logo that distinguishes the product or services of one person from those of others. Trademark protects the public from confusion and deception by identifying genuine products and services. It also protects the trademark owner’s business and the goodwill which is attached to his trademark.

As per UAE Trademark Law, a Trademark can be a distinctive shape of names, words, signatures, letters, symbols, numbers, addresses, seals, drawings, pictures, engravings, packaging, graphic elements, forms, colors, a sign or a group of signs, including three-dimensional marks, hologram marks. A distinctive sound or smell may also be considered as a trademark. The Law further outlines several exceptions which can’t be considered as trademarks, such as marks lacking distinctiveness, breaching public morals, containing religious symbols, being identical or similar to well-known trademarks owned by others, and containing misleading or false information.

Trademark Registration

Trademark registration protects the brand name from being used in the same or similar fashion by any other business firm and thus discourages others from cashing on the well-built goodwill of the business. Individuals and entities can make an application to the Ministry of Economy for registration of trademarks. The Ministry is required to decide on the registration application within 90 days from the date of its filing. A trademark may be registered for one or more categories. Upon successful registration, trademarks in the UAE are protected for ten years from the application filing date, unless renewed.

Well-known Trademark

A well-known trademark is a trademark that is widely known to the public. Such marks enjoy special protection than the other marks owing to their widespread recognition. The UAE Trademark Law provides that a well-known trademark whose reputation has exceeded the borders of the country in which it was registered, may not be registered in UAE for identical or similar goods or services unless an application is submitted to that effect by the owner of the well-known trademark or with his approval.

As per the UAE Trademark Law, there are certain factors to be considered to determine whether a trademark is well known such as the extent to which the mark is known to the concerned public as a result of its promotion, the period of its registration and its use, the number of countries in which it is registered or well-known, its value or the extent of its impact on the promotion of goods or services that use the well-known trademark to distinguish them.

Infringement of trademark in UAE

Infringement occurs when a person or entity who not being a registered owner uses a mark that is the same as or similar to a registered trademark. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark.

The UAE Trademark Law imposes the following penalties in case of trademark infringement:

• Imprisonment and/or a fine of no less than AED 100,000 and not more than AED 1,000,000 shall be imposed on whoever:

1. 1. Forges a registered trademark or counterfeits a trademark in a way that confuses the public;
   2. Knowingly uses a forged or counterfeit trademark for commercial purposes;
   3. Puts on his goods or uses in respect of the services he provides, in bad faith, a trademark owned by others.
   4. Possesses tools or materials with the intent of using them to forge or counterfeit registered or well-known trademarks.
   5. Knowingly imports or exports goods bearing a forged or counterfeit trademark.

•  Imprisonment of not exceeding one year and a fine of not less than AED 50,000 and not more than AED 200,000 shall be imposed on whoever:

1. 1. Sells or offers for sale or circulation or possesses with the intention of selling goods or offers the provision of services carrying a forged, imitated, or unlawfully put or used trademark, despite his knowledge thereof.

Unlawfully uses a non-registrable mark on his commercial papers and documents, goods, or services, in a way that would lead to the belief that the trademark has.

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Frequently Asked Questions about Intellectual Property Rights