WORLD TRADE  
ORGANIZATION  IP/Q/ARE/1 
IP/Q2/ARE/1 
IP/Q3/ARE/1 
IP/Q4/ARE/1 
2 February 2004 
 (04-0364) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:  English 
 
 
 
REVIEW OF LEGISLATION 
 
UNITED ARAB EMIRATES
1  
 
 
 The present document reproduces the introductory statement made by the delegation of the United Arab Emirates, the questions put to it and th e responses given in connection with the review of 
legislation undertaken at the Council's meeting of 18 to 22 June 2001.
2 
 
_______________ 
 
 
I. INTRODUCTORY STATEMENT 
Intellectual property rights protection in the Unite d Arab Emirates is organized through three 
sets of laws, namely the "Patent and Design Law", th e "Trade Marks Law" and the "Copyright Law".  
These legislative instruments were  adopted in 1992 and are supported by Ministerial Decrees to 
ensure their implementation.  Other laws in pl ace apply necessarily to intellectual property protection 
area, including the Civil Service Act, the Proce dures Act, the Civil Transactions Law, the Penal 
Code/Criminal Law, the Anti-Fraud an d Defraud Law and the Evidence Law. 
 
As the UAE became a WTO Member in 1996 and therefore committed to implement the 
TRIPS Agreement, it was necessary to amend some of  the intellectual property-related texts in order 
to adapt this regulatory framework to the new requirements.  
Aware of the fact that the UAE had until 1 Ja nuary 2000 to meet its TRIPS obligations, the 
concerned Authorities engaged the amendment process earlier supported by the Ministries of 
Economy and Commerce, Finance and Industry, and In formation and Culture, each in its specific area 
of intellectual property protection.  
The technical complexities of the process as we ll as the co-ordinati on efforts needed to 
achieve minimal coherence among the various depart ments concerned has posed some difficulties to 
the National Authorities and resulted in a delay in meeting the obligations in question at the right 
time. Added to that is the federal composition of the country, which requires additional co-ordination 
efforts.  
Despite these difficulties, we are now at a very advanced stage.  The technical part of the 
process has been terminated and we can state that the drafts of am ended laws and re gulations have 
been fully set up and presented to the legislativ e bodies to complete the procedural measures 
constitutionally needed for their adoption. 
                                                     
 
1 As regards laws and regulations notified by the United Arab Emirates under Article 63.2 of the 
Agreement, reference is made to document IP/N/1/ARE/1. 
2 The minutes of this meeting have been circulated as document IP/C/M/32. IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 2 
 
 
The Ministry of Economy and Commerce, which is co-ordinating WTO-related issues, is 
making every effort, in consultation with the other competent departments, to ensure the completion 
of the process.  
Considering the situation explained above, th e UAE would have preferred that the TRIPS 
Council postpone its review until the next session so that we could proceed on the basis of the new 
laws and regulations.  However, given that some co untries, whom I thank very much for their interest 
in the UAE legislation, have presented questions fo r the review, this delegation would like to begin 
discussing intellectual property protection in the UAE on the basis of current laws as well as the spirit 
of related amendments.  We can mention, as much as needed, the elements of these amendments.  
This is with the understanding that the review on th e basis of the amended texts of laws shall take 
place in the Council at its next session.  
This delegation would also like to assure the C ouncil that the draft text of the amendments, 
when adopted, will enable the UAE to fully implem ent the TRIPS Agreement.  Competent authorities 
in the UAE are redoubling their efforts in order to  fully meet the obligations in question as soon as 
possible.  
Having said that, I would like to draw the attenti on of the Council to the replies of the UAE to 
the questions received so far and which have been di stributed by the Secretariat.  The broad lines of 
these answers touch upon, among other things, some important obligations of the TRIPS Agreement 
relating to patents, copyright, trademarks, geogra phical indications and undisclosed information, as 
well as enforcement procedures and the application of the national treatment and the most-favoured-
nation principles.  
The UAE answers are mainly based on the existi ng legislative texts and regulations as well as 
on the draft amendments approved at the techni cal level and which are now engaged into the 
constitutional process.  
 We look for the Council's understanding in this respect. 
 
 
II. RESPONSES TO THE QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement and throughout) have been implemented. 
 
The three following intellectual property rights -related laws provide for measures aimed at 
preventing violation of intellectual property rights:  
- the 1992 Trade Marks Law No.37 in its Chapter VI on Penalty (Articles 37-43); 
 
- the 1992 Copyright Law in its Chapte r VIII (Articles 38-44) on Penalty; 
 
- the 1992 Patent and Design Law in its Ch apter V on Preventive Measures, Offences 
and Penalty (Articles 58-61) lay down measur es to prevent any infringement unlawful 
act which violate the owner right of intellectual property. 
 
These laws also provide for remedy measures like preventive seizure, confiscation, 
destruction of products and equipment as well as removing of the effects of the illegal acts and 
compensation.  IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 3 
 
 
Damages compensation for the holder of rights  
 
The 1992 Trade Marks Law, Articles 40 and 43, and Patent Law, Article 61, provide for 
compensation.  The Civil Transactional Law also provides for compensation. 
 
Other remedies  
 The 1992 Trade Marks Law, Articles 41-43, pr ovides for measures to remove goods outside 
the channels of commerce through the seizure a nd confiscation procedures.  The removal of 
trademark and the product and equipment if needed. 
 
The 1992 Patent Law, Articles 58-61, provides for the same provisions. 
 
The 1992 Copyrights Law, Article 43, provides for confiscation measures and the closing of 
the institution violating copyright.  The draft amendment will provide more detailed measures to 
enforce copyrights as reflected in the TRIPS Agreement.  Right of information
 
 
Article 41 of the Trade Marks Law provides that the court could order, within the procedure 
of seizure, to provide information on the third pe rsons involved in the production and distribution of 
the infringing products.  Judicial appeal
 
 
 The 1992 Trade Marks Law, Article 40, provides for the possibility for the owner of a 
trademark to access to the judicial pro cedures in order to enforce its rights. 
  The Civil Transactions Law Article 282 provide the owner with the right of appeal through 
the judicial system in order to enforce its rights.  
 The Evidence Law provides for an equitable a nd fair access to judicial procedures.  The 
balance of the rights and obligations of both parties'  claims and the opposing party is ensured.  The 
basic principle of this law is that the claimant mu st provide evidence to substantiate his claim and the 
evidence must be relevant to the action.  The cour t can order the evidence be produced if it is under 
control of the opposing party.  The court can also call on the party to question him regarding the 
changes or alterations made to the element of evidence. 
 Compensation for the opposing party
 
 
The Civil Transactional Law provides for compensation for the opposing party who has been 
subject to abusive procedures relating to enforcement. 
 
Preventive customs procedures  
  Customs Departments are allowed to take measur es at the borders to prevent any violation of 
intellectual property rights in accordance with the above-mentioned laws as well as under Customs 
regulations.  These measures could be taken either  following the demand of the right holder or the 
judicial order.  IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 4 
 
 
2. What protection does your copyright legislation afford to "foreign works"? 
 
The 1992 Copyrights Law, Articles 37-44, provides for preventive measures and penalty 
including confiscation, the closing of the ins titution violating copyright and prison measures and 
compensation.  
The draft amendment will provide more detailed measures to enforce copyrights as referred to 
in the TRIPS Agreement.  The obligations arisi ng from Article 9 of the TRIPS Agreement (Berne 
Convention, Articles 1-21 except Article 6 bis) will be met through the exte nsion of the scope in terms 
of the various categories and subjects of copy right as well as the nature of the protection. 
 Computer programs are protected by the 1992 Copyright Law No. 40.  Article 2 of this law 
mentions computer programs under the scope of protection. 
 
The draft amendment will introduce under th e above-mentioned scope computer programs 
applications as well as compilations of data.  
The rental right is available under the exis ting law through the right of free exploitation 
provided for in the Article 14 of the 1992 Copyright Law.   The draft amendment will introduce clearly the exclusive rights to exploit, under the rental 
right, literary works, including computer programs and cinematography work.  
The term of protection of copyright other than photography work is determined by the period 
of life of the owner and 25 years after his death.  
The draft amendment will extend this period to 50 years.  
3. Please describe if there are any administra tive procedures which are prerequisites for 
obtaining copyright protection, and if so, how do they comply with TRIPS obligations.  
 The 1992 Copyrights and Neighbouring Rights law No. 40 stipulates in its Article 4 that the 
copyrights shall be registered in the Ministry of Information and Culture and non-deposit of the work 
does not prejudice any of the protection aspects of the rights decided by the law.  
   Article 33 stipulates that the Ministry of Information and Culture establishes a system for registration of copyrights and any actions that will occur on them.   The bylaw of the 1992 Copyrights Law indicates the administrative procedures to be followed 
by the owners in pursuing depositing or registering actions.  
 
4. Please describe under what circumstances "f air use" exceptions apply to copyright 
protection, and is 
this in line with TRIPS obligations. 
 
 The 1992 Copyrights Law No. 40 determines in its Article 14, as follows, the actions allowed 
without the consent of the owner of copyright: 
 
- the personal use of the work through copying or translating it. 
- The use of the work in the educational system  with the purpose of the clarification through 
copies, programmes and reproductions for educa tional, cultural and religious purposes. The 
use must be in the necessary limit, provided th at this will not seek any monetary profit and the 
name of the author and the origin of the work be indicated.   
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 5 
 
 
- Quotation of paragraphs with the purpose of clar ification, explanation and criticism and to the 
extent usually observed and necessary to reach th e set objective, provided that the name of the 
author and the origin of the work be indicated.   
 
- Copying information and political, economic, social, cultural and religious press articles 
related to current events and their publication by newspapers as well as broadcasting works of 
like nature provided that the origin be mentioned.  
 
- Copying any audio or visual work relating to current events presented in broadcasting news 
and publishing it in the limit of the set objectiv e and with the mention of the name of the 
author. 
 
- Public libraries, non-commercial documenta tion centers, educational and cultural and 
scientific institutes may copy protected works in the limit of  the necessary needs, provided 
that this will not prejudice the author’s rights.  
 
- Newspapers and other news agencies may publish presentations made during judicial 
procedures and other similar works presented to the public, provided that the name of the 
author be mentioned.  
 The amendments of the 1992 Copyrights law envisage reorganizing th ese provisions to cope 
with the TRIPS Agreement. The envisag ed amendments are presented as follows: 
 Without prejudice to literary rights of the author stipulated in the mentioned law, the author 
after the publication of his work must not prohibit a third person to perform one of the following acts: 
- To make a sole copy from the work for the merely non-commercial or professional 
but personal use, except the works of the fi ne and applied arts unless were located 
in public place. The works of architecture are also excepted. 
- To make a sole copy of computer programme with acknowledgement of its 
legitimate acquisitor who has a unit to derive  from, provided that such act occurs in 
the limits of the licensed purpose or the purpo se to retain or substitute at the time of 
losing the original, been damaged or became invalid to use.  
- Copying protected works to use them in judicial procedures or analogous to them 
within the limits required by such pro cedures provided that the source and the 
author name be mentioned. 
- Taking a sole copy of the work with acknowledgement of records house or 
archives, libraries, or documentation centers  who do not seek direct or indirect 
profit all in the following two cases: (i) copying must be for the purpose of 
preservation of the original, or to exchange  it for a lost, destroyed unsuitable to use 
or unobtainable copy against reasonable conditions; (ii) the purpose for copying must be in reply to application by a na tural person to use it for research or study 
provided that it must be granted for one time or for interrupted periods of time 
provided that obtaining a license became impossible in accordance with the 
provisions of the law. 
- Quotation of short paragraphs , derivation or reasonable analysis of the work for the 
purpose of criticism, discussion, or info rmation provided mentioning the source and 
the author’s name. IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 6 
 
 
- Performing the work in family meetings or by students in an educational institute 
against no direct or indirect remuneration. 
- Presenting the fine arts, applied and plastic arts works or architectural works in 
broadcasting programmes, if such work s are permanently present in far places. 
- Reproduction of written, sound or audio-visu al short excerpts for cultural, religious, 
educational or vocational training purposes provided that copyi ng be in reasonable 
limits of its purpose and that the name of the author and the title of the work be mentioned wherever is possible and that the copying authority does not aim at direct or indirect profit and that licen se for copying was unobtainable in accordance 
with the provision of the law. 
Also under the same amendments, the author has no right to prohibit the copying made by 
newspapers, periodicals, broadcasti ng organizations within the limits justified by the aimed purpose to 
publish any of the following: 
- Excerpts of his available works to the public  in a legal manner. This applies also on 
communicating excerpts from audio or visual works during current events, 
broadcasting or communicating them to the public by any other medium. The 
source and author’s name must be mentioned. 
- The published essays relating to discussion of issue preoccupying the public 
opinion in certain time, as long as no notification of prohibition was served at the time of publication provided that the source a nd author’s name must be mentioned.  
- Addresses, lectures, speeches recited in open sessions of parliamentary or judicial 
councils and public meetings as long as such  lectures and speeches are addressed to 
the public and copied within the lim its of copying the current news.  
All these restrictions on the economic rights of  the authors are applied on the holders of 
neighbouring rights. 
 
III. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
A. G
ENERAL PROVISIONS  
1. Please describe if your legislation includes measures necessary to protect public health 
and nutrition, and to promote the public interes t in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS 
Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement.  
In addition to specific laws related to the pr otection of public health and nutrition, including 
the Anti-fraud and Defraud Law, Civil Law, the 199 2 Patent and Design Law No. 44 in Section one 
on Patents and Utility Certificates (Article 6) stipulates that neither a patent nor a utility certificate shall be granted for the following: 
 
-  plant or animal research, or biological processes for the production of plants or 
animals, with the exception of microbiological processes and products thereof, IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 7 
 
 
-  chemical inventions related to foodstu ffs, drugs or pharmaceuticals, unless such 
products are made by means of special chemical process, in which case protection shall extend only to the process and not  to the products of the processes, 
-  scientific principles and discoveries, 
-  inventions related to national defense,  
-  inventions, which, if disclosed or explo ited, would be contrary to public policy and 
morality. 
It is to be noted however that, in order to be consistent with the provisions of the TRIPS 
Agreement, the draft amendment of the 1992 Pa tent and Design Law No. 44 will introduce new 
elements by eliminating the mention of the sec ond above-mentioned sub-para graph (ii) as exception 
from granting patent.  In addition, the amendment will introduce diagnostic, therapeutic and surgical 
methods for the treatment of humans or animals among exceptions from granting patent as provided 
for in Article 27 of the TRIPS Agreement.   
 
 Furthermore, Section two of the 1992 Patent  Law provides for compulsory licences and the 
reasons of obtaining them in addition to the proce dure stipulated in Article 29 under which they are 
granted.  These provisions are also amended to bring the above-mentioned Law in conformity with 
Articles 30 and 31 of the TRIPS Agreement and to facilitate reading and understanding thereof.  The 
new elements introduced through the amendment ar e mainly related to the non-exclusivity of 
compulsory licenses, their restriction to the local market, and the fair compensation for the patent 
owner.  The efforts to be exerted within reasona ble period of time for obtaining voluntary license, the 
prohibition to transfer compulsory licenses and other conditions are also introduced through the amendment to conform to the TRIPS provisions.  Th e public emergency, the public interest and non-
commercial uses are also mentioned as grounds of granting compulsory licences.    
B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please state how your legislation provides for the protection of the exclusive rights of 
authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS 
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and 
the Appendix to the Berne Convention (1971)).  
The 1992 Copyrights Law No. 40 lays down provisions to protect the exclusive rights of 
authors in relation with their literary and artistic works and determine the scope of the protection. 
 
The 1992 Copyrights Law, Articles 37-44, pr ovides for preventive measures and penalty 
including confiscation, the closing of the institutio n violating copyright and prison and compensation. 
 
The draft amendment will provide additional meas ures to allow enforcement of copyrights as 
referred to in the TRIPS Agreement.  The obligatio ns contained in Article 9 of the TRIPS Agreement 
(Berne Convention Articles 1-21 except Article 6 bis) will be met through the extension of the scope 
of copyright in terms of categories and subjects covered as well as the nature of the protection. 
 
3. Please describe the protection accorded to authors of computer programs, databases or 
compilations of data.  
The 1992 Copyrights Law No. 40 protects computer pr ograms.  Article 2 of this law mentions 
computer programs under the scope of protection.  
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 8 
 
 
As mentioned in the answer to question no. 2, Articles 37-44 provide for preventive measures 
and penalty in order to enforce and protect the owner rights, including computer programs.   
The draft amendment will bring computer progr ams applications as well as databases into the 
scope of copyright protection. It will introduce in cl ear terms the exclusive rights to exploit literary 
works, including computer programs, databases and compilation of data.    
 
4. Please state whether your legislation provides fo r a rental right and, if so, the works to 
which it applies. 
 
The rental right is available under the existing law through the right of free exploitation 
provided for in Article 14 of the 1992 Copyright Law.  The rental right applies to all copyrights except for the computer program if the program do es not constitute itself the main subject of the 
rental.  It does not apply also to cinematography works unless the rental right is affecting their normal 
exploitation.  
 
5. Please describe the rights granted to p erformers, producers of phonograms (sound 
recordings) and broadcasting organizations under your legislation.  
 The 1992 Copyright Law includes the rights of producers of phonograms and broadcasting organisations under the protection of copyrights.  However, the broadcasting of normal news and 
events do not fall under the umbrella of the protec tion unless they are assembled an innovative way or 
were subject to a personal effort that deserves protection.  
6. Please state whether your legislation provides for any limitation or exception in relation 
to each of the rights described above in acco rdance with the relevant provisions of the Berne 
and Rome Conventions and in light of Arti cles 13 and 14.6 of the TRIPS Agreement. 
 
 The protection doesn’t cover just ideas, procedures, methods of work or function, concepts, 
principles, inventions and information as such even when they are expressed or explained or clarified 
or included a copyright.  The protection does not cove r also official documents regardless of their 
original language or the language to which is transl ated.  The broadcasting of normal news and events 
does not benefit from the protection unless they are as sembled in an innovative manner or subject to a 
personal effort that deserves such a protection as mentioned above. 
 
7. Please state the terms of protection of ea ch right described above and the work or 
subject matter to which it applies. 
 
The term of protection of copyrights and neighbouring rights is determined as follows: 
 
- As regards the author rights, the term of protection is determined by the period of life 
of the owner and 25 years after his death.   The draft amendment will extend this 
period to 50 years as referred to in the TRIPS Agreement.  
 - The term of protection of the rights of the joint authors is determined by their period 
of life and 50 years begin from the date of the death of the last surviving author. 
 
- The term of protection of the authors of co llective works except the authors of applied 
arts is 50 years begin from the date of the first publication. 
 
- The term of protection of the rights of the authors of the applied artwork is 25 years 
from the date of their publication.  
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 9 
 
 
- The term of protection of the rights of the performers is 50 years from the date of the 
Accomplishment of the work performed . If the performance was fixed in a 
phonogram the period would be calculated from the end of the year in which the fixation was made. 
 
- The term of protection of the rights of the producers of phonograms is 50 years from 
the date of publication or fixation if it was not published. 
 - The term of protection of the rights of th e broadcasting organisations is 20 years from 
the next year to the year in which the firs t transmission of the program was made.   
 
8. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement. 
 
The 1992 Copyrights Law Articles 38-44 provid es for preventive measures and penalty 
including confiscation, the closing of the ins titution violating copyright and prison measures and 
compensation. 
The draft amendment will provide more detailed me asures to enforce copyrights as referred to 
in the TRIPS Agreement. The obligations arisi ng from Article 9 of the TRIPS Agreement (Berne 
Convention Articles 1-21 except Article 6bis) will be met through the extens ion of the scope in terms 
of the various categories and subjects of copyri ght as well as the nature of the protection.  
Furthermore, the amendment envisages to state that in case of conflict of laws the provisions 
of the law shall apply on the works, performan ces, phonograms, broadcas ting programs related to 
foreigners on conditions of recipr ocity, and without prejudice to the provisions of the international 
agreements to which the UAE is party. 
C. T
RADEMARKS  
9. Please give the definition of a sign under your national legislation and explain under 
what conditions it is protectable.  
The 1992 Trademarks Law No. 37 defines in its Article 1 a sign as a drawing which can be 
seen and which constitutes one element. 
 Article 2 of the same law considers as trademar k, among others, signs, which take a particular 
form if they are used to distinguish goods, products  or services, or to indicate that the products, goods 
or services are the properties of the owner of the mark.     10. Please confirm whether or not services are a protectable subject matter in your 
trademark law.  Please confirm if signs, such as  trade names, are protectable.  Please describe if 
elements such as sound, perfumes and containers are protectable.  
The 1992 Trademarks Law provides for protection of services-related trademarks in the same 
conditions of the protection of goo ds-related trademarks.  The sign is protected if it constitutes a 
trademark as explained in the answer to question no. 9. 
 The sound constitutes an element of the trademark if it accompanies the trademark.   IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 10 
 
 
11. Please explain what the requirements of use are, if any, as a condition for a trademark 
registration.  Please explain the definition of  use and the conditions of maintenance of a 
registration in that respect.  
Article 22 of the Trademarks Law allows the cour t to decide on the deletion of the registration 
of a trademark if it was determined that the mark  has not been used effectively during five years 
unless the owner justifies the non-use of the trademar k. The amendment of this article will further 
clarify this situation by adding that the non-use of  the trademark should not be a reason of the deletion 
if it is outside of the power and the will of the owner.   12. Please confirm whether or not your legislation permits that the registration of 
trademarks be indefinitely renewable.  
Article 19 of the Trademarks Law permits that th e registration of trademarks be indefinitely 
renewable. 
 
13. Please describe the special requirements, if any, prescribed by your legislation 
concerning the use of a trademark.  
The 1992 Trademarks Law in its Article 3 prohibits  the registration of marks that are contrary 
to the morality or to the public order.  The mark s aimed at confusing the publ ic with regard to the 
origin of the goods or services or including counterfeit or fraud, etc are not permitted.  
The by-law of the 1992 Trademarks Law defi nes administrative requirements under which a 
trademark is registered.  
 
D. G
EOGRAPHICAL INDICATIONS  
14. Please explain whether or not your tr ademark registration authority refuses a 
trademark application if it contains a geographical indication.  
 The Trademarks Law allows the trademarks registration authority to refuse a trademark application if it contains a geographical indication th at its use leads to confuse the public with regard 
to the origin of the related goods or services.  
 
15. Please give the definition of a geographical indication in your legislation. 
 
 The Trademarks Law does not contain a definition of geographical indication as such. 
However, all sorts of names, including geographical indications, are considered as trademarks if they are used to distinguish goods or services w ith regard to their production, selection or 
commercialisation.  The explicit exclusion of geog raphical indications, which lead to confusing the 
public with regard to the origin of the concerned goods or services, confirms that the Trademarks Law 
covers the geographical indications as referred to in the TRIPS Agreement. 
 
16. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin.  
See the answer to question no. 15. 
 17. Please describe how additional protection is granted by your legislation to wines and 
spirits.  Please mention other types of products, if any, covered by this additional protection. 
 
The Trademarks Law does not provide any a dditional protection to wines and spirits. IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 11 
 
 
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in 
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered as generic in your jurisdiction.  
 Article 3 of the trademarks Law includes am ong marks which may not be validly registered 
marks that are composed merely of the appella tion commonly used for goods, products, services, 
familiar drawings of ordinary pictures of goods and services.  E. I
NDUSTRIAL DESIGNS  
19. Please explain whether or not your legislation extends to the protection of designs 
dictated essentially by technical or functional considerations.  Please explain how textile designs 
are protected.  
The 1992 Patent, Designs and Industrial Models  Law No. 44 defines in its Article 1 the 
industrial design as any form constituted by lines or co lours, or any three-dimensional form that is 
primarily related to lines or colours, provided that  it has a specific appearance and can be used as a 
model in industry or handicraft.   
 The amendment of this article will distinguish between a drawing, which is any form of lines 
or colours, and the industrial model, which is any isometric structure.  
 
Textile designs are protected under the a bove-mentioned Law as industrial designs.  
 The term of the registration of an industrial d esign is five years and it may be renewed for two 
successive periods (Article 48 of the above-menti oned law).  The amendment will extend the period 
of protection to ten years as referred to in the TRIPS Agreement.   
 Article 49 prevents third parties from using the industrial design for manufacturing any 
product and importing any product rela ted to the industrial design or processing it for the purpose of 
offering it for sale or to sell it.  20. Please explain how your legislation protects right holders of a design against importing 
of articles bearing embodied or copied design.  
See the answer to question no. 19. 
 
21. Please state whether or not your legislation pr ovides for the right to issue a compulsory 
licence for industrial designs.  
No. 
 
22. Please indicate for what period of time your legislation grants protection for industrial 
designs. 
 
The 1992 Patent and Design Law No. 44 provides fo r a protection of industrial design for five 
years and it may be renewed for two successive peri ods (Article 48 of the Law).  The amendment to 
this article will extend the period of protection to ten years as referred to in the TRIPS Agreement. 
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 12 
 
 F. P
ATENTS  
23. Please describe how your legislation defines the notions of: novelty, inventiveness and 
industrial application.  
Article 4 of the Patent Law No. 44 defines the i nvention as a result of an innovative idea or an 
innovative improvement on a patented invention.  Both the idea and the improvement should be 
scientifically founded. 
 An invention could be considered under the a bove-mentioned article as industrially applicable 
if it can be applied or used in any kind of indu stry, which should be understood broadest senses and 
includes agriculture, hunting, handicraft and services.  
 
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are 
enjoyed without any exclusions.  If exclusions  are provided for, please describe in detail how 
these exclusions are applied in legal as well as practical terms. 
 
Article 6 of the Patent Law provides for exclusion from patentability as follows: 
 - plant or animal research, or biological processes for the production of plants or 
animals, with the exception of microbiological processes and products thereof, 
- chemical inventions related to foodstu ffs, drugs or pharmaceuticals, unless such 
products are made by means of special chemical process, in which case protection shall extend only to the process and not  to the products of the processes, 
- scientific principles and discoveries, -  inventions related to national defense,  
- inventions, which, if disclosed or explo ited, would be contrary to public order and 
morality. 
To conform to the provisions of the TRIPS Agreement, the draft amendment of the 1992 
Patent and Design Law No. 44 will introduce new elemen ts by eliminating the mention of the second 
above-mentioned sub-paragraph tiret  2 as exception from granting patent .  In addition, the amendment 
will introduce diagnostic, therapeutic and surgical methods for the treatment of humans or animals 
among exceptions from granting patent as provided for in Article 27 of the TRIPS Agreement. 
 
25. Please explain whether your legislation provid es for the exclusion of inventions from 
patentability based on ordre public or morality.  If so, please explain the relevant section of your 
legislation and explain its formulation.  Please al so explain if it has been applied in practice. 
 
See the answer to question no. 24. 
 
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded 
from patentability in your legislation. If so, pl ease explain the relevant section of your legislation 
and explain its formulation. 
 
The 1992 Patent Law No. 44 does not mention di agnostic, therapeutic and surgical methods 
as excluded from the patentability.  The amendment foreseen to this law, however, will introduce 
diagnostic and surgical methods for the treatment of humans and animals into the category of the 
inventions excluded from the patentability.     IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 13 
 
 
27. Please explain whether or not plants, anim als and essentially biological processes are 
excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation.  
Plants or animal research, or biological process es for the production of plants or animals, are 
excluded from the patentability unde r the 1992 Patent Law No. 44, wh ereas microbiological processes 
and related products are not (Article 6).   
 
28. Please describe how micro-organisms, non-essentially biological processes, 
microbiological processes and plant varieties are prot ected in your legislation. Please explain, in 
this respect, the relevant sections of your legislation.  
 Micro-organisms, microbiological processes are protected under the Patent Law which 
mentions in its Article 6 that the microbiological processes and products thereof are excepted from the 
category of the inventions excluded from the patent ability as mentioned in the answer to the question 
no. 27. 
 
29. Please explain how your legislation protects patent right holders against the importing 
and against the offering for sale of a patented invention.  
Article 15 of the 1992 Patent Law No. 44 preven ts third parties from making, or importing the 
product, offering it for sale, selling it and using it, or stoking it for the purposes of offering for sale or 
use when the patent has been granted for a product.  The same article preven ts the third parties from 
using the process, or engaging in any of the acts refe rred to above in relation to a product obtained by 
the means of the process when the pate nt has been granted for a process.  
 
The amendment to be introduced to this article will modify the drafting of the text in keeping 
the substance of its provisions preventing importing and offering for sale of a patented invention on 
one hand, and on the other hand, to affirm th e right holders in exploiting his invention. 
 
30. Please state if your legislation provides for patent product protection of pharmaceutical 
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference. 
 
The 1992 Patent Law does not provide for pa tent product protection of pharmaceutical and 
agricultural chemical products. Article 6 of the La w states that no patent is granted to chemical 
inventions related to foodstuffs , medical drugs or pharmaceuticals, in which case protection shall 
extend only to the process and not to products of the process.  
 However, the amendment foreseen to this artic le to conform to the TRIPS Agreement will 
delete this exclusion and therefore pharmaceutical  and agricultural chemical products will benefit 
from the patent protection as referred  to in the TRIPS Agreement.  
 31. Please clarify if the patent protection of a pr ocess, as provided for in your legislation, 
covers the product obtained directly by that process.  
The Patent Law No. 44 in its article 17 states that  the patent rights shall be restricted to the 
acts conducted for industrial or commercial purposes and shall not cover the acts related to the 
protected product once it has been sold.  However, if the patent is related also to a particular use of the 
product, the holder shall be entitled to the right of such utilisation. 
 The amendment will, however, aim to delete this provision and replace it by a provision, 
which provides for a clear protection of the product obta ined directly by the protected process.  It will 
state that if the invention subject is an indus trial process for manufacturing a product, the patent IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 14 
 
 holder is entitled to the same right in respect of  the product obtained by using such process, in 
addition to his right in using such method or process. 
 
32. Please explain the additional conditions, if any, in your legislation other than the 
sufficient disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of 
justification for access to genetic material or prior inform consent to its use).  If such additional 
conditions exist, please point out the relevant legi slations and describe the additional conditions 
in detail.  
The by-laws of the Patent Law defines the c onditions under which the patent is registered. 
The by-laws do not impose additional conditions other than those mentioned in the Article 29 of the TRIPS Agreement.   
 
33. Please describe if your legislation provides for limited exceptions to the exclusive rights 
conferred by a patent.  If affirmative, pl ease make a reference to relevant legislation. 
 
  The Patent Law No. 44 does not provide any ex ception to the exclusive rights conferred by a 
patent.  However, the foreseen amendment to the law w ill introduce some exceptions in this regard.  It 
will state that the rights entitled by the letters pate nt shall not apply on scien tific research and the use 
of the subject of the patent in transportation ve hicles that enter UAE temporarily or contingently, 
provided that the use is restricted  to the needs of such vehicles. 
 
34. Please explain whether or not your legislatio n provides for compulsory licensing. If so, 
please explain in detail the conditions under which a compulsory licence may be granted.  In 
particular, please explain how your national le gislation considers individual merits in the 
authorization of such use. 
 
 The Patent Law No. 44 provides for compulsory licensing (Articles 23-33). 
  Under this Law, the compulsory licence is granted to the third parties for one or more of the following reasons: 
 
- the invention is not being exploited  
 - the exploitation is not sufficient to respond reasonably to the demand for the product 
 
- the exploitation has been susp ended for two consecutive years 
 - the refusal of the owner to conclude a li cense contract under fair terms has seriously 
impeded the development of industrial or commercial activities  
 Article 27 of the Patent Law stipulates that the compulsory licence shall be granted only to 
the requesting person who provides the necessary gua rantees that the invention will be exploited 
sufficiently to overcome the shortcom ings, and respond to the needs, that have led to the compulsory 
licence being requested. 
 Article 29 states that the granting of compulsory  licence is the responsibility of the competent 
court, which decides on the acceptance or refusal of the request for the compulsory licence.    
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 15 
 
 
35. Please explain how your legislation explicit ly ensures that a proposed user has made 
efforts to obtain authorization from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time. In 
this context, how do you define "reasonable p eriod of time".  Please also explain how your 
legislation ensures that the use of a compulsory licence shall be authorised predominantly for 
the supply to the domestic market of the Member authorizing such use.  
 The amendment to Article 23 of the Patent La w will introduce the condition that the applicant 
for licensing should prove that he exerted, within a reasonable period of time, efforts for obtaining a 
license from the patent holder with a reasonabl e compensation and under reasonable commercial 
conditions.     Article 24 of the Patent Law excludes explicitly the right to import the product from the rights conferred to the beneficiary of compulsory licence.  36. Please state if your legislation grants additional protection for innovations after the 
20 years of patent protection has lapsed.  
 The term of protection of patent s is determined by a period of time of 20 years.  The current 
law provides for protection for a period of time of 15 years which may be extended once for five years 
(Article 14 of the 1992 Patent Law No. 44).  The am endment will provide for a protection of 20 years 
in order to conform to Article 33 of the TRIPS Ag reement and does not provide for extension in this 
regard. 
 
37. Please explain how your legislation provides for the enhanced patent protection of 
patents or patent applications pending on 1
st January 1995. 
 
Article 66 of the Patent and Designs Law states th at the inventions dealing with the chemistry 
of drugs or pharmaceutical compounds shall be protect ed by letters patents or utility certificates if 
they meet the conditions provided for in this la w and its implementing regulations as of 1 January 
2002.  The same Article provides that the Administration shall continue to receive the patent 
applications for pharmaceutical and agricultural ch emical products and register them. The applicant 
shall have the right of exclusive marketing for the invention in pursuance of Article 70 of the TRIPS 
Agreement.  
The pending patent applications are, thus, dea ling with in full conformity with Article 70 
paragraph 8 of the TRIPS Agreement.  The Ministry  of Finance and Industry, since the entry into 
force of the Agreement for the UAE, had open a Regist er in which patents applications for inventions 
concerning pharmaceutical and agricultural chemic al products can be filed and enjoyed all rights 
stipulated in Article 70 paragra ph 8 of the TRIPS Agreement.  
38. Please explain how your legislation provides for the reversal of the burden of proof in 
relation to process patents.  
 The 1992 Patent Law does not provide for the reversal of the burden of proof in relation to 
process patents (Articles 58-61 concerning preventive measures, offences and penalty).  However, the amendment to this articles will state that in ca se of litigation concerning the patent related to a 
process, the court shall have the authority to orde r the defendant to prove that the process which he 
has used is different from the patented process protected by a patent.   IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 16 
 
 
39. Please explain which mechanism does your legal framework envisions to ensure that 
only legitimate patent owners are allowed to  manufacture or to authorise to manufacture 
pharmaceutical products.  Please explain how an y such mechanism applies and has applied in 
the transitional periods following amendments to the applicable laws, if any. 
  Article 15 of the Patent Law provides for preventive measures against illegal acts performed 
by third parties as explained above.  However, Ar ticle 6 excludes chemical inventions related to 
pharmaceuticals, unless such products are made by m eans of special chemical processes, in which 
case protection is extend only to the processes and not to products of the processes.  
 
 The amendment foreseen to Article 6 above, howe ver, will delete the exclusion and bring the 
pharmaceutical processes and products under the protec tion of the law.  The new articles will state 
that pharmaceutical products shall be subject to protection as of 1 January 2005.   
 In the transitional period, the Administration is continuing to receive the patent applications in 
this field, which should be recorded in the patent Re gister.  Furthermore, the amendment states that if 
the letters patent is issued in one of the Member  states of the WTO for protecting patents related to 
such applications and if the holder is licensed to ma rket his invention, then the applicant shall have 
the right of a exclusive marketing for such inve ntions, as of the date of licensing from competent 
parties in the UAE, in pursuance of the TRIPS Agreement provisions.     
 
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
40. Please describe how your legislation protects Topographies. 
 
Topographies are protected under the 1992 Copyrights and Neighbouring Rights Law.  
 41. Please explain what protection your national legislation grants to right holders against 
the unlawful importation, sale or distribut ion for commercial purposes of topographies 
including integrated circuits or other articles  in which a topography is incorporated in 
accordance with Article 36 of the TRIPS Agreement.  
The 1992 Copyright and Neighbouring Rights Law and the amendment foreseen provide for 
preventive measures, including imprisonment and pa yment of fine, for anyone who manufacture or 
import unlawfully for the purpose of sale or rental of any equipment, instruments, or apparatus 
designed or prepared for the purpose of fraud against any technology used by the author or the holder of the neighbouring right.  42. Please explain how your legislation provides for the derogation from Article 36 as 
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography.  
 The Copyrights and Neighboring rights does not provide for clear provisions to deal with 
such situations.  However, the principles of the Code  Civil, which is considered to be the cornerstone 
of the legal system in the UAE and constitutes a basi c reference for the judicial system, could be used 
in such situations. 
 
43. Please state the term of protection granted by your legislation to topographies. 
 
 Topographies are classified among the works protected under the 1992 Copyrights and 
neighboring law No. 40. The 1992 law, which includes layouts and topography among the works protected in the United Arab Emirates against any unlawful use or aggression. The term of protection IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 17 
 
 
of author rights is determined by the period his life and 25 years after his death.   
The term of protection of copyrights and neighbouring rights will be determined, after 
introducing the amendments to the 1992 Copyrights law, as follows: 
 
• As regards the author rights, the term of pr otection is determined by the period of life 
of the owner and 25 years after his death. The draft amendment will extend this period to 50 years as referred to in the TRIPS Agreement.  
• The term of protection of the rights of the jo int authors is determined by their period of 
life and 50 years begin from the date of the death of the last surviving author. 
• The term of protection of the authors of co llective works except th e authors of applied 
arts is 50 years begin from the date of the first publication. 
• The economic rights of the works published for the first time after the death of their 
author expire after fifty years starting the firs t day of the next calendar year of their first 
publications. 
• The term of protection of the rights of the authors of the applied artwork is 25 years 
from the date of their publication.  
• The term of protection of the rights of the performers is 50 years from the date of the 
Accomplishment of the work performed. If the performance was fixed in a phonogram 
the period would be calculated from the end of the year in which the fixation was made. 
• The term of protection of the rights of the producers of phonograms is 50 years from 
the date of publication or fixation if it was not published. 
• The term of protection of the rights of the broadcasting organisations is 20 years from 
the next year to the year in which the firs t transmission of the program was made.   
 H. P
ROTECTION OF UNDISCLOSED INFORMATION  
44. Please explain whether or not your legislation grants a defined period of time for the 
protection of undisclosed information. If so, please give the time span. 
 
The UAE legislation does not define the peri od of time for the protection of undisclosed 
information.  However, the 1992 Patent Law No. 44  in its article 41 provides that the provisions on 
the exploitation, surrender, transfer and licensing of  the inventions shall be applicable to know-how 
contracts.  This provision could be interpreted in such a way to  link the term of protection of 
undisclosed information with the related patent.   
 
45. Please explain how your legislation defines undisclosed information. 
 
The Patent Law in Article 39 states that know -how shall be protected against any unlawful 
use, disclosure or communication by third parties unl ess it has been published or made available to the 
public.  The following Articles 40-42 provide for prov isions related to the necessary steps to preserve 
the confidentiality, including the contract, which must be concl uded for this purposes. 
 
The by-laws of the Patent Law provide furthe r explanations of the conditions needed to 
protect undisclosed information. 
 The Civil Service Act prevents from any disclosur e of information made by public servants. 
 The by-laws of the Patent Law provide detailed conditions to be observed by the registration 
agent and the Registration Committee, including the observance of the principles of the profession 
and the enforcement of the Law. 
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 18 
 
 
In all cases, the holder shall take the necessar y steps to preserve the confidentiality of its 
information. 
 
46. Please explain how your legislation defi nes data submitted to governments or 
governmental agencies. 
 
 The Patent and designs Law defines in its Article (1) know-how as follows: 
 
“The information, data or knowledge as a resu lt of acquired expertise in the applicable, 
technical, or professional field”.  
  The Bylaw of the Patent Law as well as the annexes of the 1985 Ministerial Decision No. 870 
adopted by the Minister of Health provide for more  detailed explanation.  Copies of this regulations 
and administrative notes can be provided if requested.  
 
I. E
NFORCEMENT  
47. Please describe how your legislation provides fo r effective action against infringement of 
intellectual property rights.  
The three IP laws, namely the Patent Law, Tr ademarks Law and Copyright Law, provide for 
preventive measures against infringement of intellectual property rights. These provisions 
encompasses various measures ranging from the defi nition of illegal acts to preventive and punitive 
measures:  
- the 1992 Trademarks Law (Articles 37-43) 
 
- the 1992 Copyright Law (Articles 38-44) 
 - the 1992 Patent Law (Articles 58-61) 
 
These laws provides also for remedy measu res like preventive seizure, confiscation, 
destruction of product and equipment as well as removing of the effects of the illegal acts and 
compensation. 
 
48. Please explain whether or not your legislat ion provides for a mechanism to appeal to 
judicial bodies of final administrative decisions. 
 
Yes, all these laws and others provide for appeal to judicial bodies of administrative 
decisions.  With regard especially for example to compulsory licensing, the possibility to appeal is 
mentioned in Article 33 of Patent Law.  
 
49. Please describe how your legislation authorizes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information.  
The Evidence Law provides the basis of the production of evidence in the light and the 
protection of confidentiality therein.   IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 19 
 
 
50. Please quote provisions of your legislation that  authorize judges to order a defendant to 
desist from an infringement.  
Article 58 of the Patent Law provides that the owner of the patent may request the competent 
court, either before or during the civil or criminal proceeding, to issue a writ of attachment on the 
invention or industrial design, or on the establishmen t or the part of establishment using or exploiting 
a patent, in relation to which an infringemen t or an unlawful act has been committed. 
 The other IP laws provides for the same principle.  
 51. Please quote what provisions of your legisl ation authorize judges to order the payment 
to the right holder of adequate damages to compensate the injury he suffered. 
 
The Civil Transactional Law provides for compen sation for the opposing party who has been 
subject to the injury he suffered.   
 
52. Please quote what provisions of your legisl ation authorize judges to order the payment 
of the right holder's expenses by the infringer.  
See the answer to question no. 51. 
 53. Please explain if and how judges have the authority to order that infringing goods are 
placed outside channels of commerce or destroyed.  
See the answers to questions nos. 47 and 50. 
 54. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff.  
 Article 59 of the Patent and Designs Law states that the applicant of the precautionary seizure 
should deposit a bail evaluated by the court prior to  issuing its order for seiz ure and the seizer should 
file the relevant action within eight days as from the date of the issuance of the court’s order 
otherwise the matter shall be deemed null and void.    Moreover, it is permissible for the attached person to file an action for compensation within 
sixty days as from the date of the termination of the previous term or from the date of issuing the final 
decision of refusing the relevant action, which the seizor preferred. 
   Furthermore, it isn’t permissible to cash the ba il referred thereto except after the issuance of a 
final decision in the seizor’s action or the claim of compensation which the attached person filed. 
  Also the Trademarks Law provides in its Artic le 43 for provision aimed at indemnifying the 
defendant through a judicial decision.  
 
55. Please explain how your legislation implemen ts Article 50 of the TRIPS Agreement. 
 
Article 58 of Patent Law provides that the ow ner of the patent may request the competent 
court, either before or during the civil or criminal proceeding, to issue a writ of attachment on the 
invention or industrial design, or on the establishmen t or the part of establishment using or exploiting 
a patent, in relation to which an infringemen t or an unlawful act has been committed. 
 Temporary and rapid measures against any viol ation of intellectual property rights are 
provided in the other laws. IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 20 
 
 
Customs department is allowed to take measur es at the borders to prevent any violation of 
intellectual property rights in accordance the above-mentioned laws as well as under Customs 
regulations.  These measures are taken either following  the demand of the right holder or on the basis 
of judicial order.  56. Please identify the competent authorities in your jurisdiction who receive requests from 
right holders for an application to suspend the release of counterfeit goods by the customs authorities.  
 The competent court is responsible to d ecide on preventive seizure. Customs are also 
responsible for suspension of customs release for a fixed period in response to an application by the 
rights holder or the public prosecution or by its own initiative.   
57. Please indicate whether or not procedures are available to suspend the exporting of 
counterfeit goods. 
 
 The same rules mentioned in the answer the question no. 56 are applied to this question. 
 
58. Please quote what provisions of your legislation authorize the competent authorities to 
order the destruction or disposal of infringing goods. 
 
The Patent Law Article 61 allows the court to order the destruction of the equipment used in 
committing the act of imitation and remove the effects of any illegal act. 
 The Copyright Law provides for the same measures. 
 
The Trademarks Law Article 43 provides for th e destruction of the illegal marks and the 
products and packaging and tools of packaging an d other articles bearing in the illegal marks. 
 
59. Please indicate whether or not your legislation provides for a de minimis  imports 
exception. 
  There is no indication in the three inte llectual property federal laws of the  de minimis  imports 
exception. 
 
60. Please explain how your legislation implemen ts Article 61 of the TRIPS Agreement. 
 
 Punishment related to illegal acts that affect  intellectual property rights are provided in the 
three intellectual property rights laws.  Impris onment and a fine are provided as sanctions in 
Article 37 of the 1992 Trademarks Law No. 37, Arti cle 60 of the 1992 Patent Law No. 44 and in the 
1992 Copyright Law Article 37.   IV. RESPONSE TO A QUESTION POSED BY JAPAN 
COPYRIGHT AND RELATED RIGHTS  
 Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in 
Articles 3 and 4 of the TRIPS Agreement. 
 
The exception related to the national security, public order and morality  is applied to all 
natural persons or institutions, be  they nationals or foreigners.  
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 21 
 
 
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. GEOGRAPHICAL INDICATIONS  
1. Please explain in detail how your legi slation provides protection for geographical 
indications. 
 
Geographical indications are protected through the 1992 Trade Marks Law No 37.  Article 3 
paragraphs 6 and 9 exclude from the registration (pro tection) geographical indi cations which have the 
purpose to mislead the public on the veritable origin of the product.  
Geographical indications related to the wine a nd spirituous are not registered in the UAE in 
pursuance of the 1992 Trade Marks Law Article 3 paragraph 2 (Public order and Morality).  
 B. P
ATENTS  
2. Does your legislation grant patent protection to all categories of products or are there 
any exceptions?  If so, please explain in deta il what kind of exceptions exist and how they 
comply with Article 27 of the TRIPS Agreement.  In the field of pharmaceutical products are 
new applications of known substances patentable in your law?  
The 1992 Patent and Design Law provide for the protection of patent which is granted for 
any new invention that is the result of an innova tive idea or an innovative improvement on a patented 
invention whether in relation to ne w industrial product, to industria l processes or methods or to the 
applications of known industrial processes or met hods (Article 4 of the 1992 Patent and Design Law 
No. 44).  
The draft amendment, when adopted, will ex tend the coverage of the protection of 
innovations in all fields of technology, includi ng agriculture, hunting, fishing, handicrafts and 
services.  The 1992 Patent Law in its current form excludes from that protection the product in the 
field of chemical invention in foodstuffs and pha rmaceutical compositions (Article 6 of the 1992 
Patent Law).  
Therefore the draft amendment will enable the UAE to extend the protection to these fields, 
regarding both product and method of processing. 
 
After the adoption of the above-mentioned amendment, the exceptions will be as follows: 
 
(i) plant and animal research, or biological processes for the production of plants or 
animals, with the exception of microbiological processes and products; 
 
(ii) scientific principles and discoveries; 
  (iii)  diagnostic, therapeutic and surgical met hods for the treatment of humans or animals; 
in addition to inventions re lated to national defence or which would be contrary to 
public order and morality. 
 
Article 4 of the 1992 Patent Law considers pa tentable any new applications of known 
industrial processes or methods.  IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 22 
 
 
3. Please indicate whether micro-organisms ar e patentable in your legislation.  Please 
explain in this respect the relevant sections of your legislation. 
 
 The micro-organisms are patentable in conform ity with Article 6 of the 1992 Patent Law as 
mentioned above. 
 
4. Please explain whether or not your legislation provides the possibility of granting of compulsory licenses.  If so, please explain in  detail the conditions under which a compulsory 
license may be granted. 
 
 The 1992 Patent Law provides for compulsory licences (Articles 23-33).  
 Article 23 determines in which cases compulsory licences are granted.  For one or more of the 
following reasons, compulsory licence could be granted: 
 
 (i) the invention covered by the patent is not being exploited;  
  (ii)  the exploitation of the invention is not  sufficient to respond reasonably to the demand 
for the product; 
 
(ii)  the exploitation has been suspended by  the beneficiary for two consecutive years;  
 (iv)  the refusal of the owner of the patent to conclude a licence contract under fair terms 
has seriously impeded the development of industrial or commercial activities in the 
UAE. 
 
 The draft amendment will provide measures to take into account the public interest and 
remedies to prevent anti-competitive practices and to  reflect the drafting of the TRIPS Agreement. 
 
Follow-up question:
 
 
 Please explain how your legislation implements  the conditions set out in Article 31 (a) to 
(l) of the TRIPS Agreement.  Please cite the relevant provisions of your law.  
 
 Articles 23-24-25 of the Patent and Designs  Law as recently amended state out that: 
 
If the owner of a patent or a utility certificate have  not used the invention or have used it in an 
insufficient manner, any interested party may apply for a compulsory licence pursuant to the 
procedures indicated in article (29) of the law herein, according to the following conditions: 
 
- the lapse of at least three years after granting the patent; 
 
- the applicant for licensing should prove that he exerted, within a reasonable period of 
time, efforts for obtaining a licence from the patent owner with a reasonable 
compensation and under reasonable commercial conditions; 
 
- the licence shall be non-exclusive; 
 
- the licence should be basically for the purpo se of fulfilling the demands of the local 
market; 
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 23 
 
 
- the licensing decision should determine the scope and period of licensing pursuant to 
the purpose for which it was granted; 
 
- if the invention is related to semiconducto rs technology the licensing should only be 
granted for public and non-commercial use or  to remedy a practice determined after 
Judicial or administrative process to be anti-competitive; 
 
- the granting of a compulsory licence shall not preclude granting of other compulsory 
licences.  The competent court shall decide pursuant to the request of the interested 
parties, either to prevent the owner of the letters patent or the utility certificate, from 
using the invention itself, or otherwise grant him other licences for using thereof; 
 
- the competent court may not disregard the first and second item if the compulsory 
licence was granted as a result of public emer gency, the dire need of the public for 
such, or for public and non-commercial uses; 
 
- a compulsory licence for exploiting the patent may be issued if the invention is 
important for the public interest; 
 
- pursuant to a decree by the Minister, a com pulsory licence for exploiting the patent or 
utility certificate protected invention may be issued if the invention is important for 
the public interest; 
 
- the licensee shall have the right to use the civil and penal rights of the owner of the 
patent or the utility certificate to protect or to use the invention if such owner had 
omitted such use in spite of notifying or informing him of any illegal action; 
 
- article 25 of the above-mentioned Law provid es that if it is impossible to use an 
invention protected by a patent or a utilit y certificate in the United Arab Emirates 
without violating rights derived from a patent or a utility certificate granted by virtue of a previous application, then it is permissi ble to grant the owner of the letters patent 
or the utility certificate a compulsory licence according to the conditions set forth in 
article (28) of such law to the degree necess ary to use his invention if such invention 
serves industrial purposes different from such purposes related to the invention of the 
former patent or utility certificate or represen ts a marked technical advance in relation 
thereto; 
 
- if the two inventions serve the same industrial purpose, the compulsory licence shall 
be granted to the subsequent patent or u tility certificate while keeping the right for the 
owner of the former patent or utility certificate to obtain a licence for the subsequent patent or utility certificate, if he applies for such; 
 
- the two parties may also agree in writing between them and notify the Administration 
of their agreement to record it in the related register. 
 
Article 29 of the same Law states out the following: 
 
- the application for the compulsory licence shall be submitted to the competent court 
in the form of an action filed against the ow ner of the patent or utility certificate, and IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 24 
 
 
the Administration shall be informed to arrange for the attendance of an 
administration representative.  The court may grant the two parties a period of time it 
determines for them to come to an agreement and it is permissible to extend the period if the court recognizes a reason to do so.  Upon the termination of the period, 
the court shall examine the application for e ither rejecting or granting the compulsory 
licence.  If granted the court shall define  the conditions and the scope thereof and 
determine the compensation for the owner of the patent or the utility certificate according to the provision of article (23) of  such act, and the judgment shall be served 
to the other party and to the Administration to  register it in the related register and to 
be published in the official gazette after pa ying the fixed fee, and the judgment shall 
have no impact concerning the third party except from the date of publication. 
 
5. Please explain how in your legislation th e notion of "anti-competitive practice" is 
defined, as referred to in Article 31 of the TRIPS Agreement.  Are there any judicial or 
administrative decisions referring to the interpreta tion of this expression?  If so, please indicate 
these decisions and comment them briefly. 
  
 The current Law does not indicate the notion of  anti-competitive practices as referred to in 
Article 31(k) of the TRIPS Agreement.  However th e draft amendment indicates that if the invention 
is related to semiconductors technology, the li censing should only be granted for public and non-
commercial use or to remedy a practice determined af ter Judicial or administrative process to be anti-
competitive.  
 The notion of anti-competitive practices is indi cated in various laws such as the Industrial 
Law and the Anti-fraud and Defraud Law. 
 
6. Please explain whether your legislation provides for judicial review or other 
independent review of the legal validity of any deci sion by administrative authorities relating to 
the authorisation of use as mentioned in Article 31 of the TRIPS Agreement.  
 The 1992 Patent and Industrial Design Law in its Article 35 provides for judicial review of 
the legal validity of any decision by administrativ e authorities relating to the compulsory licence. 
 
7. Does your legislation, in accordance with Ar ticle 27.1 in combination with Article 31 of 
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude 
compulsory licensing, if a product is being imported)? 
 
In defending its position, the owner of the pate nt cannot introduce imported product as a valid 
ground.  It does not present a legitimate reason fo r avoiding compulsory licensing if one or more of 
the reasons referred to in the above-men tioned Article 23 (Patent Law) are meet. 
 
Follow-up question:  
  In your answer, you mention that "in defending its position, the owner of the patent cannot introduce imported product as a valid gro und. It does not present a legitimate reason for 
avoiding compulsory licensing [...]".  Please co nfirm whether, accordin g to your legislation, 
importation is considered as working the pate nt and satisfies therefore the requirement of 
use/exploitation of the patent.  If this should  not be the case, please explain how this complies 
with the obligations contained in Article 27.1 of  the TRIPS Agreement, requiring patent rights 
to be enjoyable without discrimination as to  whether products are imported or locally 
produced.  
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 25 
 
 
 The Patent and Designs Law does not provide  for any provision aimed at discriminating 
patents on the basis of the place of invention, th e field of technology and whether the products are 
imported or locally produced.  The approved amendment of the Article  23 of the Patent and Designs 
Law doesn’t stipulate any more that the importation of  the product is not considered legal justification 
for the owner to avoid compulsory licence.  Theref ore, the Patent law related provisions are now in 
conformity with Article 27 a nd 31 of the TRIPS Agreement. 
 
8. What term of protection does your legislat ion provide for patents?  Does that term 
apply to all products and processes? 
 
The term of patent protection is 15 years rene wable for 5 additional years in accordance with 
the current law.  The draft amendment will provide a protection for 20 years as referred to in TRIPS 
Article 33.  9. Does your legislation provide for the principle of the reversal of burden of proof in a process patent litigation?  Please cite the relevant provisions of law.  
  The existing Patent and Designs Law No. 44 (1992) does not provide for the principle of the 
reversal of burden of proof in a process patent  litigation.  However, the Draft amendment envisages 
the introduction of this principle in order to conf orm to Article 34 of the TRIPS Agreement.  The new 
Article provides that in case of litigation concerning process patent, the court shall have the authority 
to order the defendant to prove that the manufactur ing process, which he has used, is different from 
the patented process protected by a patent.  C. P
ROTECTION OF UNDISCLOSED INFORMATION  
10. Please explain in detail if your legislation ensures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorisation of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market au thorisation for his own product.  Does your 
legislation provide for exceptions to this? If yes, under what conditions would such exceptions 
apply?  Does your legislation set a specific term of  protection for undisclosed test or other data 
of the first applicant? 
 
The 1992 Patent and Industrial Design Law No. 44 (Articles 39-42) governs the protection of 
know-how.  According to this Law, protection of undisclosed information related to the know-how 
should ensured through a contract concluded for this purpose.  
 In all cases, the holder shall take the necessar y steps to preserve the confidentiality of its 
information. 
 
 The Civil Service Act prevents from any di sclosure of information made by the public 
servant.  
 Article 39 of the 1992 Patent and Industria l Design Law No. 44 indicates that know-how is 
protected against any unlawful use, disclosure or  communications by third parties unless it has been 
published or made available to the public. 
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 26 
 
 
Follow-up question:
 
  Referring to the issue of unfair commercial us e of data submitted by an applicant to the 
responsible authorities in the procedure for market  authorization of a pharmaceutical or of an 
agricultural chemical product, please explain in detail if your legislation explicitly prohibits a 
second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market au thorization for his own product.  Does the 
responsible State Agency require the same amount of data from the second applicant as from 
the first applicant? 
 
 The 1992 Patent and Industrial Designs law No . 44 defines in its Article 1 "know-how" as the 
technical information, data or knowledge that result from professional experience and are applicable 
in practice.  Article 39 states that know-how shall be  protected against any unlawful use, disclosure or 
communication by third parties unless it has been pub lished or made available to the public.  The 
same Article states clearly that in order to enjoy pr otection, the owner of the know-how shall take the 
necessary steps to preserve the conf identiality of its elements.  
  Article 42 of the above-mentioned Law provid es for a provision ensuring that a third party 
will not be allowed to use disclose or communicate any element of know-how without consent of its 
owner.  The same Article states that any of these act s shall be deemed an unlawful act, provided that 
the person committing the act was aware of the confiden tial nature of the know-how or could not have 
ignored such nature.    Furthermore, the Bylaws of the 1992 Patent Law (The 1993 Decision No. 11 of the Ministerial Council) lays down procedures required to ensure the protection of know-how as well as 
its contracting aspects. 
   As regards pharmaceutical products specifica lly, the Law No. 4 of 1983 related to 
pharmaceutical institutions and pharm acy profession and its Bylaws provide for establishment of a 
Committee in charge of pharmaceutical registration and pricing.  All the confidential information 
submitted to it must be kept conf idential, provided that it is confid ential and the owner has undertaken 
the necessary steps to keep it confidential. 
 D. E
NFORCEMENT  
11. Please indicate remedies provided by your  legislation, which constitute effective 
deterrents to infringements of intellectual property rights. 
 
The three intellectual property rights-related laws provide for measures aimed at preventing 
violation of intellectual property rights. 
 
-  the 1992 Trade Marks Law No.37 in its Chapter VI on Penalty (Articles 37-43);  
- the 1992 Copyright Law in its Chapte r VIII (Articles 38-44) on Penalty; 
 
- the 1992 Patent and Design Law in its Chap ter V on Preventive Measures, Offences 
and Penalty (Articles 58-61)   
 lay down measures to prevent any infringement or unlawful act which violate rights of the 
owner of intellectual property. 
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 27 
 
 
12. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement. 
 
 These laws also provides for remedy measu res like preventive seizure, confiscation, 
destruction of products and equipment as well as removing of the effects of the illegal acts and 
compensation.   VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES 
A. G
ENERAL  
1.  Please describe, in relation to each form  of intellectual property covered by the TRIPS 
Agreement, including plant variety protection, th e manner in which nation treatment and most 
favoured nation treatment are provided to nationals of other WTO Members. 
 
 The 1992 Patent Law in its Article 2 provides that the provisions of this Law shall not 
contravene any internatio nal convention or treaty to which the UA E is a party, and which governs the 
rights of the nationals of the contracting States as we ll as the rights of the persons who are treated as 
such.  
Foreigners to whom the preceding paragraph does not apply shall have the same rights as are 
the nationals under this law, provided that they have the nationality of a state which applies the 
reciprocity principle to the UAE.  B. C
OPYRIGHT AND RELATED RIGHTS  
2.  Please explain whether and how the copyri ght law of the United Arab Emirates complies 
with Article 9 of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention (1971), except Article 6
bis, since Members do not have 
rights or obligations relating to the latter Article under the TRIPS Agreement. 
 
The 1992 Copyrights Law, Articles 37-44, provides for preventive measures and penalty 
including confiscation, the closing of the ins titution violating copyright and prison measures and 
compensation.  
The draft amendment will provide more detailed measures to enforce copyrights as referred to 
in the TRIPS Agreement.  The obligations arisi ng from Article 9 of the TRIPS Agreement (Berne 
Convention Articles 1-21 except Article 6 bis) will be met through the exte nsion of the scope in terms 
of the various categories and subjects of copy right as well as the nature of the protection. 
 
3. Please explain how the copyright law of the United Arab Emirates  protects computer programs as literary works and complications of data as required by Article 10 of the TRIPS 
Agreement. 
 
Computer programs are protected by the 1992 Copyright Law No. 40.  Article 2 of this law 
mentions computer programs under the scope of protection. 
 
The draft amendment will introduce under th e above-mentioned scope computer programs 
and their applications as well as compilations of data. 
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 28 
 
 
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs 
and cinematographic works be available.  Please cite to the corresponding provision of the 
copyright law of the United Arab Emirates.  
The rental right is available under the exis ting law through the right of free exploitation 
provided for in the Article 14 of the 1992 Copyright Law. 
 The draft amendment will introduce clearly the ex clusive rights to exploit, under the rental 
right, literary works, including computer programs and cinematography work.  5. Please state the length and terms of prot ection the copyright law of the United Arab 
Emirates provides  for a work other than a photogr aphic work or a work of applied art and cite 
to the relevant provision of law. 
 
The term of protection of copyright other than  photography work is determined by the period 
of life of the owner and 25 years after he dead.  
The draft amendment will extend this period to 50 years. 
 
6. Please describe the protection the copyrigh t law of the United Arab Emirates provides 
for performers, and the term of the protection. 
 
 The 1992 Copyrights and Neighboring rights law No. 40 law includes performances among 
protected works.  
 To conform to the TRIPS Agreement, the am endment to this law envisages to precise the 
rights of performers who shall enjoy the following economic rights:  
- The right to transmit their unfixed performance and communicating it to the public; 
- The right to fix their performance on a phonogram; 
- The right to reproduce their fixed performance on a phonogram. 
 
 In this respect, the amendment will consider s prohibited any fixation of such live performance 
on a phonogram for direct or indirect commercial reve nue, rental, transmission or availability to the 
public on any medium by third person without authoriza tion of the right holder. As far as the term of 
the protection is concerned, the law provides for a period of fifty years protection to be calculated 
from the beginning of the next calendar year in which the performance was accomplished. If the 
performance was fixed in a phonogram, the period w ould be calculated from the end of the year in 
which the fixation was made.  
7. Article 14.2 of the TRIPS Agreement provi des that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  
Article 14.2 requires that producers of phonogr ams are to have the right to authorize or 
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how the copyright law of the United Ar ab Emirates implements these obligations and 
indicate the term of protection.  
 The amendment to the 1992 Copyright law will provide for the protection of the rights of 
producers of phonograms. It will state that the pr oducers of phonograms shall enjoy the following 
rights:  
- The right to prohibit any exploitation of their phonograms by any means without their 
authorization. The law prohibits copying, rental , broadcasting, re-broadcasting, availability to IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 29 
 
 
the public by third parties.  
 
- The right to disseminate their recordings via wire, wireless, computer or other means. 
 
The term of the protection will be fifty calendar years calculated from the beginning of the 
next year in which the publication of the phonogr am was done or the year in which the phonogram 
was fixed if it was not published. 
C. TRADEMARKS  
8. Please describe the subject matter that can comprise a trademark under the trademark 
law of the United Arab Emirates. 
 
The 1992 Trademarks Law No. 37 considers as trademark the following: 
Names, words, signatures, letters, numbers, drawings, symbols, addresses, hallmarks, stamps, 
pictures, vignettes, notices, packages or any ot her mark or combination of marks having a 
distinctive form and used or meant to be used- in distinguishing goods or products of 
whatever origin, or in showing that the goods  or products are owned by the owner of the 
trademark because he manufactured it or selected it or traded in it, or rendered a service under 
it. A sound shall be considered part of the trademark if it was accompanying it. 
9. Please describe the procedure that must be followed to register a trademark in the 
United Arab Emirates, citing the relevant provisions of the law, and describe the rights that the 
owner of a registered mark can exercise.  
 
 The 1992 Trademarks Law No. 37 Article 5 provides that the Ministry of Economy and 
Commerce shall keep a register to be called "Trademarks Register" which shall be registered all trademarks, names and addresses of their owners, type  of their activity, description of their goods or 
products or services and any assignment or transfer of  ownership or change of license to use or any 
other amendments. The Law stipulates that every pers on may apply for a true copy of the contents of 
the said register upon payment of the prescribed fees. 
 Article 6 of the same law states that the followi ng persons shall have the right to register their 
trademarks: 
- UAE natural and moral persons who exercise any commercial, industrial, handicraft or 
services activity. 
- Non-UAE natural or moral persons who exerci se any commercial, industrial, handicraft or 
services activity in the UAE. 
- Non-UAE natural or moral persons who exerci se any commercial, industrial, handicraft or 
services activity in any country which gr ant the UAE reciprocal treatment. 
- Public moral persons. 
Articles 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the 1992 Trademarks law No. 37 as well as the 
1993 Ministerial Decision No. 6 lay down detailed conditions and procedures governing registration 
of trademarks in the UAE.   
Article 7 states that each person desiring to u se a trademark to distinguish any goods or 
products or services may apply for registering it. IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 30 
 
 
Article 17 of the 1992 Trademarks law No. 37 considers the person who has a trademark 
registered in his name its exclusive owner.  
Article 20 provides for the owner's right to remove the trademark from the register. It 
provides also that if the owner of the mark has gran ted, by contract, to a third person a license to use 
the mark, the said mark may not be removed from the register except upon written consent of the 
licensee unless the licensee expressly renounces his right in the license agreement. 
Articles 27-28 and 29 lay down the holder’s right of  transferring the ownership of a trademark 
and the conditions under which the transfer, levying a charge or seizure related to a trademark are 
made. 
Articles 30-31-32-33 and 34 organize the license contracting, which is stated by the law as a 
right of the trademark holder.  
Articles 37 defines the penalties with regard to  the counterfeiting, imitating, misleading the 
public, fraudulent use of registered trademark. 
10. Please provide the length and terms of protection the trademark law of the United Arab 
Emirates provides for a trademark.  Please ex plain how the length and terms of trademark 
protection in the United Arab Emirates are consistent with Article 18 of the TRIPS Agreement.  
Article 19 of the 1992 Trademarks law limits the duration of the protection of a registered 
trademark to ten years with the possibility of re newal for further consecutive periods of ten years 
each. 
11.  Please explain whether the trademark law of the United Arab Emirates is consistent 
with Article 20 of the TRIPS Agreement, which requires that the use of a trademark shall not be unjustifiably encumbered by special requirements such as use with another trademark, use in a special form or use in a manner detrimental to the trademark's capacity to distinguish the 
goods or services of one undertaking from those of other undertakings.  Please cite any relevant 
laws, regulations and judicial decisions. 
 
 The 1992 Trademarks law does not provide  for any provision imposing unjustifiably 
requirements, which encumber the trademark. The only requirements for the registration of 
trademarks regarding form and use are stated out in Article 3, which prohibits the registration of some 
marks such as public emblems, flags, and other symbols relating to countries or international 
organizations unless authorized by them. Registration of marks violating public morals or public order 
is prohibited as well.  
12.  Please explain whether the law of the Unit ed Arab Emirates complies with Article 21 of 
the TRIPS Agreement, which requires that the licen sing of trademarks shall not be compulsory. 
 The Trademarks law does not provide for any provision, which laying down the compulsory 
licensing of trademarks.  Articles 30, 31, 32 and 34, which organize trademarks licensing are fully in 
conformity with Article 21 of the TRIPS Agreem ent in the sense that they do not impose the 
compulsory licensing of trademarks.  Article 27 of the same law conforms also with Article 21 of the  Agreement while stating that transfer of the ownershi p of a trademark may be effected with or without 
the business to which the trademark belongs.  IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 31 
 
 
D. GEOGRAPHICAL INDICATIONS  
13.  Please describe in detail how the laws of the United Arab Emirates provide for the 
recognition and protection of geographical indica tions required by Article 22.2 of the TRIPS 
Agreement, citing to the relevant provisions of  law or regulation, and provide examples of 
geographical indications so protected. 
 
 Geographical indications are protected through the 1992 Trade Marks Law No 37. All the 
provisions contained in this law apply to geographical indications. Paragraphs 6 and 9 of Article 3 
exclude from the registration (protection) geographi cal indications, which have the purpose to mislead 
the public on the veritable origin of the product or services or which contain false indications as to the 
origin or source of the products or services.   
 14.  Please describe in detail the manner in which the higher level of protection required for wines and spirits under Article 23.2 of the TRI PS Agreement is implemented, citing to the 
relevant provisions of law or regulation, and provide examples of geographical indications for 
such products.  
 Geographical Indications related to the wine and spirituous are not registered in the United 
Arab Emirates in pursuance of the 1992 Trade Marks La w Article 3 paragraph 2, which states that any 
mark which violates public morality or is contrary to  public order shall not be registered as trademark. 
 
E. I
NDUSTRIAL DESIGNS  
15.  Please describe the procedure that must be  followed to obtain protection for industrial  
designs, citing to the provisions of the law of the United Arab Emirates, and describe the nature of the protection provided. 
 
 The industrial design must be recorded in the special Register kept by the Ministry of Industry 
and Finance (the Directorate).  The registration app lication shall be filled and examined according to 
the procedure, and on payment of the fees, determined by the related Decree.  
 The procedures mentioned above could be su mmarised in presenting an application which 
should be considered on the basis of prescribed  requirements indicated in the 1992 Patent and 
Industrial Design Law No. 44 (Article 51) and 1993 related Decree No. 11 (Articles 45-49). 
 
 The requirements are of formal and objective na ture, providing that applicant have a right to 
use appeal procedures, be they administrative or j udicial if needed (Patent and Industrial Design Law, 
Article 47). 
 
 The nature of protection provided for industrial designs is reflected in Article 49 of the 1992 
Patent and Industrial Design Law which accord to the holder the right of using the design in the 
making of any product, importing an y product related to the industrial design, or processing such a 
product for the purpose of offering it for sale or selling it. 
 
16.  Please describe the procedure that must be followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation. 
 There is no specific provisions for textile designs.  The 1992 Patent and Industrial Design 
Law apply to textiles industrial designs. 
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 32 
 
 F. P
ATENTS  
17.  Please describe in detail the way in which the patent law of the United Arab Emirates 
implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection fo r micro-organisms and non-biological and 
microbiological processes and plant varieties.  Pl ease cite to the relevant provisions of the law. 
 
 The 1992 Patent and Design Law provides for th e protection of patent which is granted for 
any new invention that is the result of an innova tive idea or an innovative improvement on a patented 
invention whether in relation to ne w industrial product, to industria l processes or methods or to the 
applications of known industrial processes or me thods (Article 4 of the 1992 Patent and Design 
Law No. 44).  
 The draft amendment, when adopted, will extend the coverage of the protection of 
innovations in all fields of technology, includi ng agriculture, hunting, fishing, handicrafts and 
services.  The 1992 Patent Law in its current form excludes from that protection the product in the 
field of chemical invention in foodstuffs and pha rmaceutical compositions (Article 6 of the 1992 
Patent Law).  Therefore the draft amendment will enable the UAE to extend  the protection to these 
fields, regarding both produc t and method of processing. 
 
With the adoption of the above-mentioned amen dment, the exceptions will be presented as 
follows: 
 
(i) plant and animal research, or biological  processes for the production of plants or 
animals, with the exception of microbiological processes and products; 
 
 (ii) scientific principles and discoveries; 
 
(iii)  diagnostic, therapeutic and surgical met hods for the treatment of human or animals; 
  (iv) in addition to inventions related to na tional defence or which would be contrary to 
public order and morality. 
 18.  Please describe in detail the rights provi ded patent holders under the patent law of the 
United Arab Emirates and cite to the relevant provisions of law.  
The 1992 Patent Law, Article 15, provides the patent holder to prevent others from doing the 
following acts: 
 
(i) manufacturing, importing, offering for sale, selling, using or otherwise keeping for the 
purpose of selling or using the product; 
 
(ii) using the method and undertaking any of the acts mentioned in (i) related to a product 
obtained directly by such a method. 
 
To conform with Article 28 of the TRIPS Agre ement, the draft amendment will precise the 
rights of the holders in using the invention, in addition to preventing others to use it as provided for in the existing law. 
 IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 33 
 
 
19.  Please describe in detail any provisions in the laws of the United Arab Emirates 
permitting unauthorized use of a patent, citing to  the relevant provisions of law, and describe in 
detail the conditions under which such use can occur.  
 The 1992 Patent Law governs compulsory licences (Articles 23-33) 
 
 Article 26 provides that a compulsory licence fo r the exploitation of an invention may only be 
granted once the person requesting it has supplied evidence that the owner of the invention has 
notified thereof, but it has not been possible to  reach an agreement on equitable terms within a 
reasonable time. 
 
 Article 23 determines in which cases compulsory licences are granted and provides that it can 
happen for one or more of the following reasons:  
(i) the invention covered by the patent is not being exploited; 
   (ii) the exploitation of the invention is not  sufficient to respond reasonably to the demand 
for the product; 
   (iii)   the exploitation has been suspended by the beneficiary for two consecutive years; 
 
 (iv)  the refusal of the owner of the patent  to conclude a licence contract under fair terms 
has seriously impeded the development of industrial or commercial activities in the UAE. 
   
The draft amendment will provide measures to take into account the public interest and 
remedy measures to prevent anti-competitive practices.   It will precise also the conditions of granting 
compulsory licences.  
20. What term of protection does the patent law of the United Arab Emirates provide for 
patents?  Please describe any provisions for extens ion of the term of protection and cite to the 
relevant provisions of the law. 
 
 The 1992 Patent Law, Article 14, determines the term of protection in 15 years subject to a 
possible extension for 5 additional years.  The draf t amendment will modify this term by extending it 
to 20 years from the date of filling the application.  
 
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
21.  Please describe in detail the protection for layout-designs of integrated circuits provided 
under the laws of the United Arab Emirates, including the term of protection, and cite to the relevant provisions of law.
3 
 
 The 1992 Copyright and Neighboring Rights La w includes layouts and topography among the 
works protected in the United Arab Emirates agai nst any unlawful use or aggression. The term of 
protection of author rights is determined by the period his life and 25 years after his death.   
The term of protection of copyrights and neighbouring rights will be determined, after 
introducing the amendments to the 1992 Copyrights law, as follows: 
 
                                                     
 
3 This response to question 21, originally circulat ed in  IP/C/W/291/Add.2, replaces that in document 
IP/C/W/291. IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 34 
 
 
• As regards the author rights, the term of prot ection is determined by the period of life of 
the owner and 25 years after his death. The draft amendment will extend this period to 50 
years as referred to in the TRIPS Agreement.  
• The term of protection of the rights of the jo int authors is determined by their period of 
life and 50 years begin from the date of the death of the last surviving author. 
• The term of protection of the authors of co llective works except the authors of applied 
arts is 50 years begin from the date of the first publication. 
• The economic rights of the works published for the first time after the death of their 
author expire after fifty years starting the first day of the next calendar year of their first publications. 
• The term of protection of the rights of the authors of the applied artwork is 25 years from 
the date of their publication.  
• The term of protection of the rights of the performers is 50 years from the date of the 
Accomplishment of the work performed. If the performance was fixed in a phonogram 
the period would be calculated from the end of the year in which the fixation was made. 
• The term of protection of the rights of the producers of phonograms is 50 years from the 
date of publication or fixation if it was not published. 
• The term of protection of the rights of the broadcasting organisations is 20 years from the 
next year to the year in which the first transmission of the program was made.   
 H. P
ROTECTION OF UNDISCLOSED INFORMATION  
22.  Please describe in detail how the laws of the United Arab Emirates provide for the 
protection of undisclosed information as required  by Article 39.2 of the TRIPS Agreement and 
provide citations to the relevant provisions of law.  
 
The 1992 Patent and Industrial Design Law No . 44 (Article 39-42) governs the protection of 
know-how.  Within this Law, protection of undi sclosed information related to the know-how is 
ensured through a contract concluded for this purpose. 
 
 The Civil Service Act prevents from any disclos ure of information made by public servants. 
 
 In all cases, the holder shall take the necessar y steps to preserve the confidentiality of its 
information. 
  Article 39 of the 1992 Patent and Industria l Design Law No. 44 indicates that know-how is 
protected against any unlawful use, disclosure or  communications by third parties unless it has been 
published or made available to the public.  And in  order to enjoy protection, the holder of this 
information shall take the necessary steps to preserve the confidentiality of it. 
 
23.  Please describe in detail the manner in whic h protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in the United Arab Emirates and cite to the relevant provisions of 
law. 
 
 See the response to question 22 above. 
 IP/Q/ARE/1, IP/Q2/ARE/1, 
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Page 35 
 
 
24.  Are other applicants for marketing appr oval for their own versions of a previously 
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted 
by the earlier applicant?  If so, how long a peri od of exclusivity is given the earlier applicant 
before such reliance becomes possible. 
 
 See the response to question 22 above. 
 
Follow-up questions:  
 
 Please explain in detail how Article 39 of the 1992 Patent and Industrial Design Law 
No. 44 includes the protections that are required under Article 39.3 of the TRIPS Agreement. Specifically, please explain how the law ensures that a second comer will not be allowed to rely 
on data that is submitted to the regulatory author ities in support of a pioneer drug application, 
as required by the unfair commercial use provisions of Article 39.3 of the TRIPS Agreement.  
  The 1992 Patent and Industrial Designs law No. 44 defines in its Article 1 "know-how" as the 
technical information, data or knowledge that result from professional experience and are applicable 
in practice.  Article 39 states that know-how shall be  protected against any unlawful use, disclosure or 
communication by third parties unless it has been pub lished or made available to the public.  The 
same Article states clearly that in order to enjoy pr otection, the owner of the know-how shall take the 
necessary steps to preserve the confidentiality of  its elements. Article 42 provides for provision 
ensuring that a third party will not be allowed to  use, disclose or communicate any element of know-
how without consent of its owner, stating that any of these acts shall be deemed an unlawful act, 
provided that the person committing the act was aware of the confidential nature of the know-how or 
could not have ignored such nature.  Furtherm ore, the Bylaws of the 1992 Patent Law (the 1993 
Decision No. 11 of the Ministerial Council) lays dow n procedures required to ensure the protection of 
know-how as well as its contracting aspects.    As regards pharmaceutical products specifi cally, the law No. 4 of 1983 related to 
pharmaceutical institutions and pharm acy profession and its Bylaws provide for establishment of a 
Committee in charge of pharmaceutical registration and pricing.  All the confidential information 
submitted to it must be kept confidential, provide d that it is confidential and the owner has undertake 
the necessary steps to keep it confidential.    
 Please explain whether there are any provisions in the laws of the United Arab Emirates 
that require applicants who are seeking market ing approval for a product to disclose to the 
regulatory authority the existence of pending patent  application or a patent relating to the same 
product. 
 
 Article 11 of the 1992 Patent and Industrial Designs law provides that the application for registration may contain a declaration claiming the priority of an earlier application filed in a State party to a convention or treaty to which the UAE has acceded. 
 
 In the area of drugs and pharmaceutical produc ts marketing specifically, the law No. 4 of 
1983 related to pharmaceutical institutions and pharmacy profession and its Bylaws impose, as 
perquisites for marketing such products:  
(i) The authorization of competent authorities to import the products. (Article 40)  
(ii) The registration of the products befo re marketing them (Article 65).  
  The Bylaws of the above mentioned law which defines the procedures of the registration of 
pharmaceutical products require the disclosure of sci entific and technical elements of the product 
before its marketing. IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 36 
 
 
Please indicate how many grants of mark eting approval for unauthorized copies of 
patented pharmaceutical products have been reve rsed in the last five years.  Please address any 
ongoing efforts to reverse marketing approv als for unauthorized copies of patented 
pharmaceutical products and to prevent any further registrations of such products. 
 
 On March 27, the UAE engage very fruitful consultations with the US officials with the aim of exploring ways and means of enhancing protec tion of patented pharmaceutical.  Following these 
consultations, the UAE made written commitments to provide comprehensive protection for US 
pharmaceuticals including extending data exclusivit y protection.  These commitments, which confirm 
the UAE obligations under the TRIPS Agreement, will  be implemented on an MFN basis as stipulated 
by the Agreement.    I. E
NFORCEMENT  
25.  Please describe in detail the manner in wh ich the laws of the United Arab Emirates 
provide for effective action against infringement of intellectual property rights as required by 
Article 41 of the TRIPS Agreement.  Please address the cost and any possible delays that are associated with the enforcement of intellectual pr operty rights in the United Arab Emirates.  
 
The following three intellectual property nights -related laws provide for measures aimed at 
preventing violation of intellectual property rights: 
 
- the 1992 Trade Marks Law No.37 in its Chapter VI on Penalty (Articles 37-43); 
 
- the 1992 Copyright Law in its Chap ter VIII ( Articles 38-44) on Penalty; 
 
- the 1992 Patent and Design Law in its Chap ter V on Preventive Measures, Offences 
and Penalty (Articles 58-61); 
  lay down measures to prevent any infringement or unlawful act which violate rights of the owner of intellectual property.  
These laws also provide for remedy measu res like preventive seizure, confiscation, 
destruction of products and equipment as well as removing of the effects of the illegal acts and 
compensation.  
26.  Article 43.1 of the TRIPS Agreement requires that judges be authorized to order 
production of evidence necessary to substantiate  a party's claims where that party has been 
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or 
regulations of the United Arab Emirates provide  this authorization, citing to the relevant 
provisions of law or regulation.  
The Evidence law provides for an equitable a nd fair access to judicial procedures. The 
balance of the rights and obligations of both part y’s claims and the opposing party is ensured. The 
basic principle of this law is that the claimant mu st provide evidence to substantiate his claim and the 
evidence must be relevant to the action. The cour t can, however, order the evidence be produced if it 
is under control of the opposing party. The court ca n also call on the party to question him regarding 
the changes or alterations made  to the element of evidence. IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 37 
 
 
27.  Please describe in detail all of the civil remedies that are available to right holders under 
the laws of the United Arab Emirates, citing to the relevant provisions of law or regulation.  
The three intellectual property rights-related laws provide for measures aimed at preventing 
violation of intellectual property rights. The 1992 Trade Marks Law No. 37 in its chapter VI on 
Penalty (Articles 37-43), the 1992 Copyright Law in its chapter VIII (Articles 38-44 on Penalty), and 
the 1992 Patent and Design Law in its chapter V on Preventive Measures, Offences and Penalty 
(Articles 58-61) lay down measures to prevent any in fringement or unlawful act which violate rights 
of the owner of intellectual property.  These laws  also provides for remedy measures like preventive 
seizure, confiscation, destruction of products and equipment as well as removing of the effects of the 
illegal acts and compensation. 
28.  Please describe in detail the provision al procedures and remedies available to right 
holders under the laws of the United Arab Emirates , citing to the relevant provisions of law and 
regulation, and indicate any condition under which a right holder may avail itself of those 
procedures and remedies. 
 
 The 1992 Trademarks law No. 37 states in Article  41 that the owner of a trademark may, at 
any time, and even before initiating any civil or cr iminal action, obtain from the court, upon a petition 
accompanied by an official certificate establishing th e registration of the mark, an order directing the 
necessary preventive measures be taken, in cluding in particular the following: 
 
- Preparing a detailed descriptive inventory of the articles and equipments indented to be used 
or actually used in committing any of the crimes provided in the law. The said inventory shall also include the products and goods, manufactur ed locally or imported, addresses of the 
establishment or packaging, papers or any ot her articles on which the counterfeit mark or 
statement was affixed. 
 
- Seizure of the articles mentioned above after the plaintiff shall have submitted a financial 
security determined by the court to identify the defendant if that becomes necessary.  
 
The 1992 Patent law Article 58 provides for preventive remedies available to right holder in 
stating that the owner of the patent can request the competent court before or during the civil or penal 
action, to issue an order for the precautionary seizure on the invention,  the industrial design or on the 
establishment using or exploiting any of industrial prop erty in relation to which an infringement or an 
unlawful act has been committed that contravenes th e law or contracts or license. The amendment of 
this Article envisages adding provision to determine th e affectivity of the same rule on the application 
of patent as well.  
 
The amendment to the 1992 Copyright law w ill provide for precautionary procedures and 
penalties authorizing the competent court to take decision in order to prevent any fraud or suspend 
publication, exhibition, reproduction or impose sei zure on the copies of the works, performances, 
phonograms or the broadcasting programs published w ithout prior permission from the right holder. 
 29.  Please explain whether the judicial author ities of the United Arab Emirates have the 
authority to order that goods found to be infringing, as well as the materials for making them, be disposed of outside of outside of the channe ls of commerce, as required by Article 46 of the 
TRIPS Agreement. 
  Yes the three intellectual property laws provide for such measures. 
  Article 61 of the 1992 Patent law No. 44 stat es that the competent court may decide to 
confiscate the property or dispose of the property in whatever manner it deems appropriate. It may IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 38 
 
 also order the destruction of the equipment used in committing the act of imitation, and remove the 
effects of any illegal act.   Article 43 of the 1992 Trademarks law No. 37 provides for the confiscation of the articles 
seized and the destruction of the illegal marks, th e products, packaging and equipments as well as 
other articles bearing the illegal marks and counterfeiting.  
The 1992 Copyrights Law No. 40, Article 43, provi des for confiscation and the closing of the 
institution violating copyright. The draft ame ndment will confirm these measures and introduce 
destruction measures in order to en sure that the infringing products and the materials for making them 
be outside of the channels of commerce as referred to in the TRIPS Agreement. 
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES  
30.  Please describe in detail the procedures under the laws of the United Arab Emirates that 
provide for border enforcement at least for tr ademark counterfeiting and copyright piracy, 
identifying the competent authority and citing to  the relevant provisions of law or regulation. 
 
 Customs Departments are authorized to take measu res at the borders to prevent any violation of 
trademarks-related rights and copyright piracy in acco rdance with the relevant laws and regulations as 
well as under Customs regulations. These measures coul d be taken either following the demand of the 
right holder or the judicial order 
31.  Please indicate if border enforcement is ava ilable to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law.  
 Customs Departments are authorized to take measu res at the borders to prevent any violation of 
all other forms of intellectual property rights protected under TRIPS Agreement and the national 
relevant laws and regulations, in accordance with the above-mentioned laws as well as under Customs 
regulations. These measures could be taken either following the demand of the right holder or the 
judicial order. 
32.  Article 58 of the TRIPS Agreement sp ecifies procedures to be followed where the 
competent authorities can act ex officio .  Please explain whether the competent authorities in the 
United Arab Emirates are empowered to act ex officio  and, if so, please identify the intellectual 
property areas subject to ex officio  action. 
 
Customs regulations allow for such measures. 
K. C
RIMINAL PROCEDURES  
33.  Please describe in detail how the laws of the United Arab Emirates implement Article 61 
of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines suffi cient to act as a deterrent, at least for cases 
of wilful trademark counterfeiting and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and regulation.  
 Articles 37 and 38 of the 1992 Trademarks law No. 37 determine the illegal acts to be 
sanctioned by imprisonment and monetary fine  or by either of the two penalties.   
 Article 60 of the 1992 Patent law No. 44 lays down criminal sanctions and monetary penalties 
to be imposed to whom infringe any right protected by the law. The draft amendment of this provision IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 
Page 39 
 
 
intends to put a maximum to the fine that increases what is defined in the misdemeanor for the penalty 
to suit with the importance of the contravention. 
 The 1992 Copyrights law No. 40 lays down the same procedures (Article 37 to 42).  
34.  Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of 
which has been the commission of the offence.  Please describe the provisions in the laws of the 
United Arab Emirates that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to th e relevant provisions of law or regulation. 
 
 The 1992 Trademarks, Patent and Copyrigh ts laws provide for remedy measures like 
preventive seizure, destruction of products and, conf iscation of equipments as well as removing of the 
effects of the illegal acts and compensation. Artic le 41 and 43 of the Trademarks law provide for 
precautionary measures, seizure as well as destruc tion of illegal marks, products and packaging and 
tools and the article bearing the illegal marks. 
Article 58 of the Patent law provides for th e precautionary seizure. The related amendment 
will determine the affectivity of the measure on the a pplication of the patent as well. Article 61 of the 
same law provides for confiscation of the seized object s, destruction or effacing of the impacts of the 
violating actions, as well as the equipments and tools used in the falsification.  
The 1992 Copyrights law provides for the same m easures. The amendments to the copyright 
law envisage enhancing these measures. 
35.  Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws of the United Arab Emirates that provide for such procedures and 
remedies, citing to the relevant provisions of law or regulation.  
 The provisions cited above are applicable to th e other forms of intellectual property. The 1992 
Patent law No. 44 for instance covers, in its Ar ticle 60, patents, utility certificates, know-how, 
inventions, processes or an element of know-how, indus trial designs or any right protected by the law 
as rights protected against falsification or infri ngement. These illegal acts against the mentioned 
protected rights are subject the criminal procedures and monetary fines. 
L. S
TATISTICAL QUESTIONS  
36.  Please provide statistical information related  to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing 
products seized;  infringing equipment seized;  cases resolved (including settlement); and the 
amount of damages awarded. 
 
37.  Please provide statistical information rel ated to criminal enforcement in the area of 
copyright piracy and trademark infringement  for 2000, including the number of raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines 
were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright piracy 
and trademark counterfeiting.  
 
 The Ministry of Information and Culture, whic h is responsible for copyrights, has received 
during the biennium (2000-2001) 128 claims categorized as follows: IP/Q/ARE/1, IP/Q2/ARE/1, 
IP/Q3/ARE/1, IP/Q4/ARE/1 Page 40 
 
 
- vendors: 23 cases 
- video films : 33 cases 
- computer programs: 18 cases 
- smart cards concerning TV broadcasting by satellite: 8 cases 
- electronic games: 6 cases 
 In addition to the natural persons, the claimant s were from various concerned parties such as 
the Arab Union for Anti-Piracy, the Union of Comp uter Programs Producers, International Union for 
Audio products, etc.   The procedure followed in dealing with such cl aims use to start with verifying the claimed 
cases by the Inspection Division in the Ministry of  Information and Culture in order to ensure a 
minimum of certainty of the elements being claime d.  After the inspection action, coordination is 
made with the police authorities in order to enga ge necessary raids and seizure.  The case is then 
presented before the competent court.  The Mini stry of Information and Culture has also the 
competency to decide the closing of the establis hments taking part in infringement and piracy under 
the Law. 
 
 As far as the trademarks infringement is concerned, there is a few cases received in the Ministry of Economy and Commerce to date (35 claims) since 1992, which are dealt with in the same way explained for the Copyrights infringement.    The United Arab Emirates will provide the US delegation with further statistics very soon 
regarding civil and criminal enforcement. 
 
 
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