Federal Law on the Regulation and Protection of Industrial Property Rights

المادة 4 — استقلال الملكية الصناعية ¶

الجزء الثاني: الإختراعات
المادة الأولى: براءات الاختراع وشهادات النماذج العملية

المادة 33 — Registration and Publication of Compulsory Licenses ¶

Chapter Three: Surrender and Revocation of Patents or Utility Model Certificates

المادة 36 — التصحيح بعد إصدار قرار الإلغاء ¶

الباب الرابع: طلبات براءات الاختراع الدولية

المادة 54 — الرقابة على الترخيص التعاوني ¶

المادة الخامسة: تصاميم ترتيب الدوائر المتكاملة

المادة 59 — تسجيل وفترة حماية تصاميم الدوائر المتكاملة ¶

المادة (60) النصوص المشتركة بين تصاميم التخطيط الداخلي للدوائر المتكاملة والبراءات والشهادات الخاصة بالنماذج العملية

المادة 66 — الشروط المشتركة بين المعلومات غير المعلنة، والبراءات، والشهادات الخاصة بالنماذج العملية ¶

القسم السابع: المطالبات بالتعويض عن الأضرار والإجراءات الوقائية والغرامات

المادة 80 — Publication and Entry into Force of the Law ¶

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Preamble: We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates, after perusal of: The Constitution; Federal Law No. (1) of 1972 on the Competencies of the Ministries and the Powers of the Ministers... have enacted the following Law.

Article (1) Definitions: In applying the provisions of this Law, the following words and expressions shall have the meanings assigned thereto: State; Ministry; Minister; Committee; Court; ICPR (Industrial and Copyright Property Rights body); Industrial Property; Protection Title; Invention; Patent; Utility Model Certificate; Industrial Design; Industrial Design Certificate; Integrated Circuit; Layout-Design Certificate; Compulsory License; Industrial Property Bulletin; Registration Agent; International Application; PCT Receiving Office; Register.

Article (2) Objectives: The objectives of this Law are as follows: 1. Protecting Industrial Property and regulating the procedures... [preview truncated]

Article (3) Applicability: 1. This Law shall apply to Patents, Industrial Designs, Integrated Circuits, undisclosed information...

Article (4) Independence of Industrial Property: The Industrial Property obtained in the State shall be independent of the Industrial Property obtained abroad...

Article (5) Requirements for Granting a Patent: 1. A Patent shall be granted for each new Invention resulting from an innovative idea or innovative activity...

Article (6) Requirements for Granting a Utility Model Certificate: 1. A Utility Model Certificate shall be granted for a new Invention that is industrially applicable...

Article (7) Exceptions to Patent or Utility Model Certificate Protection: 1. None of the following may be granted a Patent or Utility Model Certificate: A. Plant or animal...

Article (8) Determination of Patent Rights: 1. The inventor's name shall be stated in the application for Patent or Utility Model Certificate, unless...

Article (9) Application for Obtaining a Patent or Utility Model Certificate: If a person who has no patent right applies for obtaining a Patent or Utility Model Certificate, the...

Article (10) Inventions Made in Execution of Contracts: 1. Where an Invention is made in execution of a contract or the like, the right to the patent shall...

Article (11) Requirements for Applications for Patents or Utility Model Certificates: The application for Patent or Utility Model Certificate shall be filed with the Ministry by the inventor...

Article (12) Claiming Priority of an Earlier Application Filed Abroad: 1. The application may contain a declaration claiming the priority of one or more earlier applications...

Article (13) Examination of Patents or Utility Model Certificates: 1. After payment of the prescribed fees by the applicant, the Ministry shall examine the application...

Article (14) Urgent Applications: The Ministry may examine a particular set of urgent applications for Patents or Utility Model Certificates...

Article (15) Unity of Invention: 1. The application referred to in Article (11) hereof may relate to one Invention only or to a group...

Article (16) Division of Applications for Patents or Utility Model Certificates: 1. Any applicant for a Patent or Utility Model Certificate whose application involves two or more Inventions...

Article (17) The Procedures for Granting of Patents and Utility Model Certificates and their Data: 1. The ICPR shall grant Patents and Utility Model Certificates, which shall be published in the Industrial Property Bulletin...

Article (18) Terms and Fees of Patents and Utility Model Certificates: 1. The term of the Patent shall be twenty (20) years and the term of the Utility Model Certificate shall be...

Article (19) Rights Granted by Patents or Utility Model Certificates: A Patent or Utility Model Certificate shall grant its owner the following rights: 1. The right to exclude...

Article (20) Manufacturing a Product or Using an Invented Process in Good Faith: If a person, in good faith, manufactures a product, uses an invented process, or makes serious preparations...

Article (21) Transfer of Patents or Utility Model Certificates and its Conditions: 1. A Patent or Utility Model Certificate, or the application for either of them, may be transferred...

Article (22) Exclusions from Patent or Utility Model Certificate Rights: The rights granted by Patents or Utility Model Certificates shall not apply to the following: 1. Acts...

Article (23) Separate Disposal by a Patent or Utility Model Certificate Owner: 1. Each of the joint owners of a Patent or Utility Model Certificate may separately transfer his share...

Article (24) Pledge of a Patent or Utility Model Certificate: A Patent or Utility Model Certificate may be pledged in accordance with the controls and procedures...

Article (25) Requirements for Granting a Compulsory License: 1. If a period of at least three years has elapsed since the granting of a Patent or Utility Model Certificate...

Article (26) Rights of the Compulsory License Holder: 1. The Compulsory License shall confer on the licensee the right to perform all or some of the acts...

Article (27) Multiplicity of Compulsory Licenses: The granting of a Compulsory License shall not prevent the granting of other Compulsory Licenses.

Article (28) Exceptions from the Requirements for Granting a Compulsory License: The court may exempt an application for a Compulsory License from the requirements stipulated in Article...

Article (29) Procedures for Compulsory Licenses before the Court: 1. The application for a Compulsory License shall be submitted to the court in the form of a lawsuit...

Article (30) Issuance of a Compulsory License for Public Interest: A Compulsory License may be issued by a decision of the Minister, or whoever he delegates, for exploitation...

Article (31) Issuance of a Compulsory License for Exploitation of a Patent or Utility Model Certificate: 1. If it is impossible to exploit an Invention protected by a Patent or Utility Model Certificate in...

Article (32) Modification of the Compulsory License Terms and Revocation: 1. The court or Minister, as the case may be, may modify the terms of the Compulsory License at the...

Article (33) Registration and Publication of Compulsory Licenses: 1. Compulsory Licenses and any decisions made with respect thereto shall be recorded in the Register...

Article (34) Requirements and Procedures for Surrender of Patents or Utility Model Certificates: 1. A Patent or Utility Model Certificate may be surrendered by the owner or licensee thereof by sending...

Article (35) Actions for Invalidation of Patents, Utility Model Certificates or Compulsory Licenses: 1. Any interested party may institute a court action to invalidate a Patent, Utility Model Certificate...

Article (36) Regularization after Issuance of the Invalidation Decision: Subject to the provisions of Article (32) hereof, the decision invalidating the Patent, Utility Model Certificate...

Article (37) International Applications: The Ministry shall receive International Applications under the PCT. The Executive Regulations of this Law...

Article (38) Fees for the International and National Phases of International Applications: 1. The fees and procedures for the international phase of International Applications shall be subject...

Article (39) Protection of Literary and Artistic Rights Relating to Industrial Designs: The protection provisions set forth herein with respect to Industrial Designs shall not prejudice the...

Article (40) Registration of Industrial Designs: No Industrial Design may be covered by the protection provided herein unless it is recorded in the Register...

Article (41) Applying for the Protection of More than One Industrial Design: The application for protection may include more than one Industrial Design, provided that they are...

Article (42) Right of Priority for Industrial Designs: 1. The priority provisions of Item (1) of Article (12) hereof shall apply to Industrial Designs...

Article (43) Requirements for Industrial Designs: 1. The Industrial Design must be new. 2. The commercial exploitation of an Industrial Design shall not...

Article (44) Procedures for Examination of Industrial Design Applications: 1. After payment of the prescribed fees, the ICPR shall examine the Industrial Design application and...

Article (45) Term of Protection and Payment of Fees: 1. The term of protection of an Industrial Design shall be twenty (20) years starting from the filing...

Article (46) Rights Granted by Industrial Design Certificates: 1. The protection provided hereunder for an Industrial Design shall grant its owner the right to prevent...

Article (47) Exclusions from Industrial Design Certificate Rights: 1. The rights granted by Industrial Design Certificates shall not apply to the following: A. Acts...

Article (48) Industrial Design Rules Where No Special Provision is Made: Where no special provision is made in this Part, the provisions of the articles hereof relating to Patents...

Article (49) Requirements for Contractual Licenses: The owner of the Protection Title may grant a license to any natural or legal person to use or exploit...

Article (50) Common Provisions between Industrial Designs, Patents and Utility Model Certificates: The owner of the Protection Title shall record the contractual license in the Register after payment...

Article (51) Extension of the Scope of Contractual Licenses to Third Parties: Unless otherwise provided in the license contract, the contractual license shall not prevent the owner...

Article (52) Rights of the Licensee: 1. Unless otherwise provided in the license contract, the licensee shall, pursuant to the provisions...

Article (53) Transfer of Contractual Licenses: Unless otherwise provided in the license contract, the licensee shall not transfer the license or grant...

Article (54) Control of Contractual Licenses: 1. Contractual licenses, transfers thereof and any amendments or renewals of their contracts shall be...

Article (55) Requirements for the Protection of Layout-Designs of Integrated Circuits: 1. The Layout-Design of Integrated Circuits shall be protected according to the provisions hereof, if...

Article (56) Unprotectable Parts of Layout-Designs of Integrated Circuits: Any ideas, methods, technical systems or encoded information which a Layout-Design of Integrated Circuit...

Article (57) Prohibited Uses of Layout-Designs of Integrated Circuits: No natural or legal person may perform any of the following acts without obtaining a prior written permission...

Article (58) Acts that may be Performed without a License: Without prejudice to the provisions of protection set out in this Part, any natural or legal person...

Article (59) Registration and Term of Protection of Layout-Designs of Integrated Circuits: 1. The applications for registration of Layout-Designs of Integrated Circuits shall be submitted to...

Article (60) Common Provisions between Layout-Designs of Integrated Circuits, Patents and Utility Model Certificates: Where no special provision is made in this Part, the provisions of the articles hereof relating to Patents...

Article (61) Requirements for the Protection of Undisclosed Information: Undisclosed information shall be protected under the provisions of this Law and the Executive Regulations...

Article (62) Scope of Protection of Undisclosed Information: 1. The protection granted under the provisions of this Law shall be extended to undisclosed information...

Article (63) Responsibility of the Person Lawfully in Control of Undisclosed Information: 1. The person lawfully in control of undisclosed information shall take all appropriate measures to...

Article (64) Acts Contrary to Fair Commercial Practices: 1. The following acts shall be deemed to be contrary to fair commercial practices, and to constitute...

Article (65) Acts Not Contrary to Fair Commercial Practices: The following acts shall not be deemed to be contrary to fair commercial practices: 1. Acquisition of...

Article (66) Common Provisions between Undisclosed Information, Patents and Utility Model Certificates: Where no special provision is made in this Part, the provisions of the articles hereof relating to Patents...

Article (67) Right of the Protection Title Owner to Claim for Compensation: In the event of infringing any of the rights conferred on the owner by the Protection Title, the Protection...

Article (68) Precautionary Seizure: In the event of an act of infringement or other illegal actions in violation of the provisions of this...

Article (69) Penalties: Without prejudice to any more severe punishment stipulated in any other law, any person who provides...

Article (70): 1. The court may order the confiscation or destruction of the seized articles or removal of the effects...

Article (71) Law Enforcement Capacity: The Ministry's employees who are designated by a resolution of the Minister of Justice, in agreement...

Article (72) Register: The Ministry shall establish the Register in accordance with the controls set by the Executive Regulations...

Article (73) Prohibited Acts of Ministry Employees: The Ministry's employees are prohibited, during and after their service period, from performing any...

Article (74) Grievances and Objections: 1. A committee shall be formed by a decision of the Cabinet and chaired by a judge nominated by the...

Article (75) Requirements for the Profession of Registration Agents: 1. The profession of Registration Agents may only be practiced after entry in the list of Registration Agents...

Article (76) Fees: The Cabinet shall, based on a proposal of the Minister of Finance, set the fees required for the implementation...

Article (77) Executive Regulations: The Cabinet shall, based on a proposal of the Minister, issue the Executive Regulations of this Law...

Article (78) Repeals: 1. Federal Law No. (17) of 2002, referred to above, shall be repealed. 2. Any provision contrary to...

Article (79) Continued Application of Regulations and Resolutions: The regulations and resolutions issued in implementation of the provisions of Federal Law No. (17) of 2002...

Article (80) Publication and Entry into Force of the Law: This Law shall be published in the Official Gazette and shall enter into force six months following...