The Intellectual Property Law provides for the protection and enforcement of different intellectual property rights; patents, utility certificates, industrial designs and drawings, copyright, trademarks, trade names and trade secrets. The Intellectual Property Law explains the rights enjoyed by owner of these intellectual property rights within DIFC, what constitutes infringement, the remedies available in the event of infringement as well as the procedures for enforcement of intellectual property rights.
The Intellectual Property Law is based on international best practice standards and in compliance with the international treaties related to intellectual property as well as the UAE Federal laws in relation to intellectual property rights. The Commissioner of Intellectual Property (the “Commissioner”) is responsible for administering the Intellectual Property Law.
This site has been designed to provide a useful point of reference and guidance, as well as assist businesses and individuals who wish to find out more about the intellectual property rights and remedies available to them under the Intellectual Property Law.
Intellectual Property Law
The Law prescribes rules and regulations regarding the protection and enforcement of patents, utility certificates, industrial designs and drawings, copyright, trademarks, trade names and trade secrets.
Intellectual Property Regulations
The Intellectual Property Regulations provide detailed procedures for infringement complaints filed with the Commissioner of Intellectual Property, including the requirements, the process of the complaint and timelines, the inspections, and investigations that the Commissioner may carry out, and the requirements for issuing directions in respect thereof.
Intellectual Property Regulations
Why intellectual property is important
Intellectual property rights, in all its forms, are valuable assets to businesses and individuals. Intellectual property rights drives innovation and provide competitive edge for its owner, through the exclusive rights it confers into its owner. With the increased role of technology in the financial services, the importance of protecting and enforcing intellectual property rights has grown and become essential for its growth and development.
DIFC as the leading financial hub for the Middle East, Africa, and South Asia (MEASA) region, has acknowledged this value through the Intellectual Property Law, which aims to create a safe and secure regulatory and legal framework that is conducive to creativity and innovation within DIFC, via the introduction of a comprehensive mechanism for the protection and enforcement of intellectual property.
For more details on what you need to know about the Intellectual Property Law and Regulations, please download Guide to the DIFC IP law from documents section below.
How to submit a complaint
An intellectual property infringement complaint is a serious issue with serious legal implications; please fully familiarise yourself with the DIFC Intellectual Property Law No. 4 of 2019 and consult with a legal advisor before filing a complaint.
You may submit a complaint by completing the online form along with payment of application fees, and attaching the relevant documents where applicable:
- Trademark, patent, design, registration or any relevant certificates or documents.
- Undertaking Letter Template.
- Power of Attorney.
How to register as an expert
The Commissioner of Intellectual Property may appoint expert(s) as part of investigation in an intellectual property complaint, in accordance with the Intellectual Property Regulations. Persons who would like to register as experts can apply by completing the online form, along with payment of application fees, and attaching the relevant documents where applicable. The Commissioner of Intellectual Property reviews expert applications, only once approved, expert will be recorded in the Register of Experts.
The Commissioner of Intellectual Property may reject any application that does not meet the requirements. Minimum requirements to apply to register as an expert:
- Completed application form.
- Minimum experience of 10 years in the relevant area of expertise.
- Provide Curriculum Vitae
- Provide credentials and qualifications of the expert.
- Provide references or testimonies from past experiences.
- Certificate of good conduct and behaviour.
Key functions
Administration.
Ensuring compliance.The Commissioner is responsible for the implementation and administration of the Intellectual Property Law.
Enforcement.
Enforcing rights under Intellectual Property Law.There is no registry under Intellectual Property Law, but rights registered in the UAE are protected.
Investigations.
Dealing with registered complaints.The Commissioner is responsible for investigating and deciding on all complaints related to intellectual property. This includes the issuing of fines for non-compliance.
Services offered
File a complaint
Complaints for intellectual property infringements can be filed with the Commissioner of Intellectual Property.
FAQs
- Q1. Who is responsible for administering the Intellectual Property Law?
- Q2. What are the intellectual property rights covered under the Intellectual Property Law?
- Q3. Am I required to register my intellectual property rights in DIFC?
- Q4. What can I do to stop infringement of my intellectual property right in DIFC?
- Q5. If I am based outside DIFC, am I entitled to enforce my rights in DIFC?
- Q6. What are the remedies available for infringement of intellectual property rights in DIFC?
- Q7. How can I file a complaint for infringement of my intellectual property rights in DIFC?
- Q8. Are there any fees for filing complaint with the Commissioner of Intellectual Property?
- Q9. What will happen after filing a complaint with the Commissioner of Intellectual Property?
- Q10. Would infringing goods found in DIFC be seized and destructed?
- Q11. Am I entitled to compensation for infringement of my intellectual property right?
- Q12. Can I seek injunctions in DIFC to stop infringement of my intellectual property right?
- Q13. How much are the fees to file a complaint, apply as an expert, or record an expert with the commissioner?
- Q14. How can I pay for the fees?