RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/291
10 July 2001
(01-3419)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from the United Arab Emirat es to the questions posed by Canada,
Japan, Switzerland and the United States
By means of a communication from the delegation of the United Arab Emirates dated
18 June 2001, the Secretariat has received the following responses to the questions posed by Canada,
Japan, Switzerland and the United States as circulated in documents IP/C/W/261, 258, 263 and 268,
respectively.
_______________
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 Chapter VIII (Articles 38-44) on Penalty;- the 1992 Patent and Design Law in its Chapter 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.
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, provides for measures to remove goods outside
the channels of commerce through the seizure and confiscation procedures.  The removal oftrademark and the product and equipment if needed.IP/C/W/291
Page 2
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 persons 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 procedures 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 and fair access to judicial procedures.  The
balance of the rights and obligations of both parties' claims and the opposing party is ensured.  Thebasic principle of this law is that the claimant must provide evidence to substantiate his claim and the
evidence must be relevant to the action.  The court 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 measures 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.
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 institution 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 arising from Article 9 of the TRIPS Agreement (Berne
Convention, Articles 1-21 except Article 6 bis) will be met through the extension of the scope in terms
of the various categories and subjects of copyright as well as the nature of the protection.
Computer programs are protected by the 1992 C opyright Law No. 40.  Article 2 of this law
mentions computer programs under the scope of protection.IP/C/W/291
Page 3
The draft amendment will introduce under the above-mentioned scope computer programs
applications as well as compilations of data.
The rental right is available under the existing 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.
JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. 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.
SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation 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 (protection) geographical indications which have thepurpose to mislead the public on the veritable origin of the product.
Geographical indications related to the wine and spirituous are not registered in the UAE in
pursuance of the 1992 Trade Marks Law Article 3 paragraph 2 (Public order and Morality).
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail 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 innovative idea or an innovative improvement on a patented
invention whether in relation to new industrial product, to industrial processes or methods or to the
applications of known industrial processes or methods (Article 4 of the 1992 Patent and Design LawNo. 44).IP/C/W/291
Page 4
The draft amendment, when adopted, will extend the coverage of the protection of
innovations in all fields of technology, including 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 pharmaceutical 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 methods for the treatment of humans or animals;
in addition to inventions related to national defence or which would be contrary to
public order and morality.
Article 4 of the 1992 Patent Law considers patentable any new applications of known
industrial processes or methods.
3. Please indicate whether micro-organisms are patentable in your legislation.  Please explain
in this respect the relevant sections of your legislation.
The micro-organisms are patentable in conformity 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.
5. Please explain how in your legislation the notion of “anti-competitive practice” is defined, as
referred to in Article 31 of the TRIPS Agreement.  Are there any judicial or administrative decisionsIP/C/W/291
Page 5
referring to the interpretation 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 the draft amendment indicates that if the inventionis related to semiconductors 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 notion of anti-competitive practices is indicated in various laws such as the Industrial
Law, the Anti-fraud and defraud Law.
6. Please explain whether your legislation provid es for judicial review or other independent
review of the legal validity of any decision 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 administrative authorities relating to the compulsory licence.
7. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider impor tation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
In defending its position, the owner of the patent cannot introduce imported product as a valid
ground.  It does not present a legitimate reason for avoiding compulsory licensing if one or more of
the reasons referred to in the above-mentioned Article 23 (Patent Law) are meet.
8. What term of protection does your legislation provide for patents?  Does that term apply to
all products and processes?
The term of patent protection is 15 years renewable for 5 additional years in accordance with
the current law.  The draft amendment will provide a protection for 20 years as referred to in TRIPSArticle33.
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.
[No reply received.]
C. PROTECTION 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 agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relyingon, or from referring to the original data of the first applicant, when applying subsequently for market
authorisation for his own product.  Does your legisl ation 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.IP/C/W/291
Page 6
In all cases, the holder shall take the necessary steps to preserve the confidentiality of its
information.
The Civil Service Act prevents from any disclosure of information made by the public
servant.
Article 39 of the 1992 Patent and Industrial 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.
D. ENFORCEMENT
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 Chapter VIII (Articles 38-44) on Penalty;
- 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 infringement or unlawful act which violate rights of the
owner of intellectual property.
12. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
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 andcompensation.
UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the 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 the this Law shall not
contravene any international convention or treaty to which the UAE is a party, and which governs therights of the nationals of the contracting States as well 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 thereciprocity principle to the UAE.IP/C/W/291
Page 7
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of the United Arab Emirates complies withArticle 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 institution 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 arising from Article 9 of the TRIPS Agreement (BerneConvention Articles 1-21 except Article 6 bis) will be met through the extension of the scope in terms
of the various categories and subjects of copyright as well as the nature of the protection.
3. Please explain how the copyright law of th e 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 C opyright Law No. 40.  Article 2 of this law
mentions computer programs under the scope of protection.
The draft amendment will introduce under the above-mentioned scope computer programs
and their applications as well as compilations of data.
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 existing 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.
5. Please state the length and terms of protection the copyright law of the United Arab Emirates
provides  for a work other than a photographic 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 copyright law of the United Arab Emirates provides for
performers, and the term of the protection.
[No reply received.]
7. Article 14.2 of the TRIPS Agreement provides 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 phonograms 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 copyrightIP/C/W/291
Page 8
law of the United Arab Emirates implements thes e obligations and indicate the term of protection.
[No reply received.]
C. TRADEMARKS
8.-12. [No replies received.]
D. GEOGRAPHICAL INDICATIONS
13.-14. [No replies received.]
E. INDUSTRIAL 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 theprotection provided.
The industrial design must be recorded in the special Register kept by the Ministry of Industry
and Finance (the Directorate).  The registration application 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 summarised 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 nature, 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 any 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 Trade Marks and Industrial
Design Law apply to textiles industrial designs.
F. PATENTS
17. Please describe in detail the way in which the patent law of the United Arab Emiratesimplements Article 27 of the TR IPS Agreement, indicating any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiological
processes and plant varieties.  Please cite to the relevant provisions of the law.
The 1992 Patent and Design Law provides for the protection of patent which is granted for
any new invention that is the result of an innovative idea or an innovative improvement on a patentedinvention whether in relation to new industrial product, to industrial processes or methods or to the
applications of known industrial processes or methods (Article 4 of the 1992 Patent and Design
Law No. 44).IP/C/W/291
Page 9
The draft amendment, when adopted, will extend the coverage of the protection of
innovations in all fields of technology, including 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 pharmaceutical compositions (Article 6 of the 1992
Patent Law).  Therefore the draft amendment will enable the UAE to extend the protection to thesefields, regarding both product and method of processing.
With the adoption of the above-mentioned amendment, 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 methods for the treatment of human or animals;
(iv) in addition to inventions related to national defence or which would be contrary to
public order and morality.
18. Please describe in detail the rights provided 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 Agreement, the draft amendment will precise the
rights of the holders in using the invention, in addi tion to preventing others to use it as provided for
in the existing law.
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 for the exploitation of an invention may only be
granted once the person requesting it has supplied evidence that the owner of the invention hasnotified 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;IP/C/W/291
Page 10
(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 theUAE.
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 extension 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 draft amendment will modify this term by extending itto 20 years from the date of filling the application.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits providedunder the laws of the United Arab Emirates, including the term of protection, and cite to the relevantprovisions of law.
The provisions applied to industrial designs shall ap ply to integrated circuits (the 1992 Patent and
Industrial Design Law No. 44, Articles 43-51).  The te rm of protection grated within the Law is five
years.  The draft amendment will extend this period to ten years.
H. PROTECTION 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 Articl e 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 undisclosed information related to the know-how is
ensured through a contract concluded for this purpose.
The Civil Service Act prevents from any disclosure of information made by public servants.
In all cases, the holder shall take the necessary steps to preserve the confidentiality of its
information.
Article 39 of the 1992 Patent and Industrial Design Law No. 44 indicates that know-how is
protected against any unlawful use, disclosure or communications by third parties unless it has beenpublished 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 which protection is provided test data regarding
pharmaceutical and agricultural chemical products 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/C/W/291
Page 11
24. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
See the response to question 22 above.
I. ENFORCEMENT
25. Please describe in detail the manner in which 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 property 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 Chapter VIII ( Articles 38-44) on Penalty;
- 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 infringement or unlawful act which violate rights of the
owner 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.
26.-35. [No replies received].
L. STATISTICAL QUESTIONS
36.-37. [No replies received].
__________