Overview of the Legal Framework

The UAE intellectual property system is mainly based on the following legislation:

• Trademarks Law (Federal Decree-Law No. 36 of 2021 on Trademarks)

• Industrial Property Law (Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights)

• Copyright Law (Federal Decree-Law No. 38 of 2021 on Copyrights and Neighbouring Rights)

Competent authorities:

• Ministry of Economy (MoE) — responsible for the registration of trademarks, patents, industrial designs and copyright;

• Patent examination is carried out with technical cooperation between the GCC Patent Office and WIPO.

The UAE is a member of WIPO, the PCT, the Madrid Protocol, the Paris Convention, TRIPS and the GCC.

International Cooperation and Regional Integration

• The UAE is a member of WIPO, the PCT, the Madrid System, the Hague System, the Paris Convention, TRIPS and the GCC;

• It has concluded cooperation agreements with WIPO, EUIPO, KIPO, JPO and SAIP;

• Regional patent examination cooperation is implemented via the GCC Patent Office;

• Implements the “UAE National Intellectual Property Strategy 2031” with the aim of positioning the UAE as an IP hub in the Middle East.

Trademark System

Filing Routes

• National trademark applications may be filed electronically with the UAE Ministry of Economy (MoE);

• Alternatively, protection can be sought by designating the UAE under the Madrid System (Madrid Protocol) (applicable since 2021).

Classification

• Uses the Nice Classification;

• Multi-class applications are accepted.

Examination Procedure

• Formal examination: about 1–2 months;

• Substantive examination: about 6–8 months;

• Opposition period: 30 days from the date of publication.

Use and Renewal

• Registration term is 10 Gregorian years, renewable for further 10-year periods;

• A registered mark may be vulnerable to cancellation if it has not been used for 5 consecutive years.

Examination Features

• Examination is conducted in Arabic, with English transliteration or translation where appropriate;

• Key considerations include distinctiveness, conflicts with prior rights and religious sensitivity;

• Marks that conflict with state emblems, religious symbols or public morals are refused registration.

Patent System

Types of Protection and Term

• Invention patents: 20 years from the filing date;

• Utility models: 10 years from the filing date;

• Industrial designs: 20 years from the filing date (see also the “Industrial Designs” section below).

Examination Mechanism

• Invention patents are subject to a substantive examination system;

• Average examination period is around 2–4 years;

• Examination is conducted jointly by the UAE Ministry of Economy and the GCC Patent Office.

International Routes

• The UAE has been a PCT member state since 1999;

• National phase entry into the UAE is available via the PCT international phase.

Key Features

• Examination can be conducted in Arabic or English;

• First-to-file principle applies;

• Annual maintenance fees are required to keep patents in force;

• Examination in pharmaceutical and energy-related fields is comparatively strict;

• An electronic examination and filing platform (ePatent) is available.

Industrial Design Protection

Legal Basis

• Articles 45–60 of Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights.

Scope of Protection

• The external appearance of products, including shape, patterns, colours, lines and their combinations;

• Applicable to both industrial and handicraft products.

Term of Protection

• From the registration date, 20 years, not renewable.

Examination Procedure

• Examination period is approximately 6–9 months;

• Examination is carried out in Arabic or English;

• Only formal examination is conducted; creativity or individual character is not substantively assessed.

Key Features

• A single registration is valid throughout the UAE;

• International protection may be obtained through the Hague System (Hague Agreement) for industrial designs (applicable to the UAE since 2022).