Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights (industry and technical standardisation law)

Article (1)  
Definitions  
In applying  the provisions  of this Law,  the following  words and  expressions shall have  the 
meanings  assigned  to each,  unless  the context  otherwise  requires:  
 
State  : United  Arab  Emirates.  
Ministry  : Ministry  of Economy.  
Minister  : Minister  of Economy.  
Committee  : The  Grievance  Committee  formed  by a decision  of the Cabinet.  
Court  : Abu  Dhabi Federal  Court  of Appeal.  
ICPR  : International  Center  for Patent  Registration  (ICPR)  at the Ministry.  
Industrial  Property  : The  rights  attached  to patents,  utility  model  certificates,  designs,  
integrated  circuits,  and  undisclosed  information.  
Protection  Title  : A document  evidencing  the protection  granted  by the Ministry  to an 
invention,  industrial  design  or layout -design  of an integrated  circuit.  
Invention  : An innovative  idea  created by the inventor  in any  technical field  for a 
product  and/or  process that  practically  provides a new  addition  or 
solution  to a certain  problem  in any  of such  fields.  
Patent  : The  Protection  Title  granted  by the Ministry  for the Invention.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  3  Utility  Model  
Certificate  : The  Protection  Title  granted  by the Ministry  for an innovative  step  
that  does  not qualify  for a Patent.  
Industrial  Design  : A two -dimensional or three -dimensional  ornamental or aesthetic  
aspect  of an article  that  gives  a special  appearance  to a product  or 
handicraft.  
Industrial  Design  
Certificate  : The  Protection  Title  granted  by the Ministry  for the Industrial Design.  
Integrated  Circuit : A product,  in its final form  or intermediate  form, including  elements,  
at least  one  of which  is an active  element,  mounted  on a piece of an 
insulating  material,  and  form  with  some  or all of the interconnections  
an integral  body  intended  to perform  a specific  electronic function.  
Layout -Design 
Certificate  : The Protection Title granted by the Ministry for each three -
dimensional disposition prepared for an Integrated Circuit intended 
for manufacture.  
Compulsory 
License   : Allowing a natural or legal person to use a Patent, Utility Model 
Certificate, Industrial Design, Layout -Design or Integrated Circuit in 
the State, without the need for the consent of the right holde r or 
licensee of the industrial property rights.  
Industrial Property 
Bulletin  : The periodic bulletin of industrial property issued by the Ministry 
and dedicated for publishing all that is required to be published 
under this Law or the Executive Regulations thereof.  
Registration Agent  : An agent entered by the Ministry in the list of Registration Agents.  
International 
Application   An application submitted to the Ministry for obtaining a Patent 
under the Patent Cooperation Treaty (PCT).  
PCT Receiving 
Office   The national office which receives the International Application and 
refers same to any other entity determined according to the Patent 
Cooperation Treaty (PCT).  
Register   The register of Industrial Property rights maintained by the Ministry.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  4

Article (2)  
Objectives  
The  objectives  of this Law are as follows:  
1. Protecting Industrial Property and regulating the procedures of registration, use, exploitation 
and transfer thereof so as to ensure the promotion of knowledge and innovation in the State.  
2. Enhancing the State's competitiveness in the field of Industrial Property rights in accordance with the best international practices.

Article (3)  
Applicability  
1. This Law shall apply to Patents, Industrial Designs, Integrated Circuits, undisclosed 
information and Utility Model Certificates registered in the State, including the free zones.  
2. The provisions of this Law shall not prejudice the provisions of international conventions or 
treaties to which the State is a party and which regulat e the rights of the citizens of states 
parties and those of the persons who receive the same treatment.  
3. The rights granted hereunder to citizens shall also be granted to foreigners who are nationals of a state with which the State has a reciprocity relatio nship.

Article (4)  
Independence of Industrial Property  
The Industrial Property obtained in the State shall be independent of the Industrial Property obtained for the same Invention in other states, whether are members of the Paris Convention 
or not.  
 
 
 
  
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  5  Part Two  
Inventions  
Chapter One  
Patents and Utility Model Certificates

Article (5)  
Requirements for Granting a Patent  
1. A Patent shall be granted for each new Invention resulting from an innovative idea or 
innovative improvement, which involves an inventive step and is capable of industrial 
application.  
2. A Patent shall be granted independently of any new application, modification, improvement 
or addition to a previously patented Invention, if it meets the requirements stipulated herein.  
3. An Invention is new if it is not anticipated by prior art, by being disclosed to the public by 
means of written or oral disclosure, or by use or by any other way through which knowledge 
of the Invention is realized. This has to be prior to the filing date of the Patent  application or 
the legally claimed priority application.  
4. Disclosure of the information by the inventor, or the other party who obtains such 
information, directly or indirectly, from the inventor, may not affect the granting of the 
Patent if it takes place  within 12 months before the filing date of the application.  
5. An Invention is deemed to involve an inventive step if, with regard to prior art related to the 
Patent application, it is not obvious to a person with ordinary skills in the art.  
4. An Invention is deemed industrially applicable if it can be manufactured or used in any 
sector.

Article (6)  
Requirements for Granting a Utility Model Certificate  
1. A Utility Model Certificate shall be granted for a new Invention that is industrially applicable but does no t involve an innovative step that qualifies for a Patent.  
2. A Utility Model Certificate may be granted for any Invention, to which the provisions of 
article (5) hereof apply, at the request of the inventor, or the legal representative thereof, if Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  6  he wants to  settle for the Utility Model Certificate.  
3. The patent office may, at the request of the inventor, Registration Agent, or anyone to whom 
the patent rights are transferred in accordance with article (9) hereof, convert a Utility Model 
Certificate to a patent  application, and vice versa, in accordance with the controls and 
conditions set forth in the Executive Regulations of this Law.

Article (7)  
Exceptions to Patent or Utility Model Certificate Protection  
1. None of the following may be granted a Patent or Utility Model Certificate:  
a. Plant  or animal varieties  and  research  or biological  processes for the production  of 
plants  or animals,  with  the exception  of microbiological processes  and  products  
resulting  from  such  processes,  as determined by the Executive  Regulations  of this Law. 
b. Methods of diagnostic,  therapeutic  and  surgical treatments  of the human  or animal  
body.  
c. Principles,  discoveries,  scientific  theories  and  mathematical methods.  
d. Schemes,  rules,  computer  programs,  or methods  for doing  business,  performing  
mental  acts  or playing  games.  
e. Natural  materials,  even  if purified  or isolated  from  nature,  with  exception  of the 
methods of purification or isolation  of natural materials  from  the original  
environment.  
f. Inventions  the exploitation  of which  would  be contrary  to the public  order  or 
morality,  or harmful to the health  or life of humans  or the environment.  
2. If the Ministry finds, after examining the patent application, that the Invention relates to 
security and military industries, it shall follow the procedures set forth in the Executive 
Regulations of this Law.

Article (8)  
Determination of Patent Rights  
1. The inventor's name shall be stated in the application for Patent or Utility Model Certificate, 
unless the inventor states in writing that he does not want his name to be mentioned.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  7  2. Without prejudice to the provisions of article (10) hereof, the patent right shall be granted 
to the inventor or his successors in title.  
3. If the essential elements of the Invention applied for are obtained from an Invention of 
another person, all the patent rights shall be granted to such person being the original 
inventor.  
4. If two or more persons have jointly made an Invention, the right to the patent shall belong 
to them jointly. No person shall be deemed a joint inventor  if his efforts are only confined to 
assistance in the Invention execution, without contributing to any innovative step.  
5. Without prejudice to the provisions of Articles (9) and (10) hereof, if two or more persons 
have made the same Invention independently of each other, the person who is first to apply 
for a Patent or Utility Model Certificate or is first to claim for priority for the same Invention 
shall be entitled to obtain the Patent or Utility Model Certificate, as the case may be, so long 
as he meets the requirements for obtaining same.

Article (9)  
Application for Obtaining a Patent or Utility Model Certificate 
If a person who has no patent right applies for obtaining a Patent or Utility Model Certificate, the 
patent right holder may, subject to the provisions of article (8) hereof, request from the Ministry 
transferring the application, Patent or Utility Model Certificate thereto.

Article (10)  
Inventions Made in Execution of Contracts  
1. Where  an Invention  is made  in execution  of a contract  or the like,  the right  to the patent  shall  
belong,  in the absence  of contractual provisions to the contrary,  to the employer.  Any  
patent  application filed  by the inventor  employee  within two  years  from  the date  of end  of 
service  shall be deemed  as made  during  the term  of service.  
2. When  the Invention  has an economic  value  much  greater  than  the parties  could  have  
foreseen  at the time  of concluding  the contract,  the inventor  shall have  the right  to 
additional remuneration,  which  shall be determined by the court  in the absence of 
agreement  between  the parties.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  8  3. When  an employee,  whose  employment  contract  does not require  him  to engage  in 
inventive  activity  makes,  in the field  of activities  of his employer,  an Invention by using  
expertise,  documents  or instruments  of the employer  or raw  materials  made  available  to 
him  through  his employment, the right  to the patent  for that  Invention  shall belong  to the 
inventor  employee  after  the expiration  of a period  of four  months  from  the date  on which  
he submits  to the employer  the report  on the Invention  referred to in Item  (4) of this Article,  
or from  the date  on which  the employer  is otherwise  informed  of the Invention  and  does 
not make a written  declaration  of his interest  therein.  
4. Any  employee who  makes  an Invention,  under  a contract  or the like,  shall inform  the 
employer  of such  Invention  in a written  report  immediately  after  completion  thereof.  
5. If the employer  makes  a declaration  of his interest  in the Invention  within  the time  limit  fixed 
in Item  (3) of this Article,  the right  to the patent  for such  Invention  shall be considered  to 
have  belonged to him  from  the date  on which  the Invention  was  made.  The  employee  
who  made  the Invention  shall have  the right  to equitable  compensation  that  takes  into  
account  the economic  value  of the Invention and  any  benefit  derived by the employer  from  
the Invention.  In the absence  of agreement  between  the parties,  the compensation  shall be 
fixed by the court.  
6. Any  agreement  which  deprives  the employee  from  compensation  shall be deemed  null  
and  void.

Article (11)  
Requirements for Applications for Patents or Utility Model Certificates  
1. The application for Patent or Utility Model Certificate shall be filed with the Ministry by the 
inventor, Registration Agent, or anyone to whom the patent rights are transferred in 
accordance with article (8) hereof. Such application shall be expressly made in accordance 
with the procedures and controls set by the Executive Regulations of this Law, after 
payment of the prescribed fees.  
2. The application must include the names of the applicant, inventor and Registration Agent, 
if any, together with a statement justifying the applicant's right to the patent for the 
Invention if he is not the inventor.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  9  3. The application must include the name of the Invention and an abstrac t and detailed 
description thereof, together with one or more claims and an illustration, if any.  
4. The abstract shall only be used for general information and information of a technical 
nature, and may not be relied on in interpreting the application.  
5. The description of the Invention shall be made in the best way possible, at the filing date of the application or priority date, to enable any person skilled in the art to carry it out.  
6. The application must determine the claim(s) for which protection is sought,  and the 
description and illustrations may be used to interpret the same, if necessary.  
7. Claims must be clear and concise and fully supported by the description.  
8. The application and its attachments shall be submitted in both Arabic and English. If they 
are not submitted in either language, such submission shall be made within the period set 
by the Executive Regulations of this Law.  
9. The applicant shall provide the ICPR with any additional information and data required 
thereby with respect to his application w ithin ninety (90) days of the date of notification.  
10. The applicant may make any amendments to his application, as he deems fit, provided that the amendments made to the information included in the original application are not 
material.  
11. The application attachments and the deadlines for submission thereof shall be set by the 
Executive Regulations.

Article (12)  
Claiming Priority of an Earlier Application Filed Abroad  
1. The application may contain a declaration claiming the priority of one or more earlier 
application(s) filed in a state party to a convention or treaty to which the State has acceded. 
In such case, the application shall indicate the registration date and number of the earlier 
application and the name of the state in which it is filed, as provided in the Executive 
Regulations of this Law.  
2. The priority period shall be twelve (12) months from the first filing date.  
 
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  10

Article (13)  
Examination of Patents or Utility Model Certificates  
1. After payment of the prescribed fees by the applicant, the Ministry shall examine the 
application for Patent or Utility Model Certificate and may ask the applicant to fulfill any 
requirements it deems necessary for granting the Patent or Utility Model Certificate, in 
accordance with the provisions of this Law and the Executive Regulations thereof. If the 
applicant fails to fulfill such requirements within ninety (90) days from the date of being 
notified, this shall be considered as a waiver of his application.  
2. If the Invention meets the conditions stipulated in the  Law and the Executive Regulations 
thereof, the Ministry shall announce the approval of the application in the Industrial 
Property Bulletin, in the manner set forth in the Executive Regulations of this Law.

Article (14)  
Urgent Applications  
The Ministry m ay examine a particular set of urgent applications for Patents or Utility Model  
Certificates before other applications at the request of applicants, irrespective of the date on 
which the application is filed or the examination is requested, without prejudice to applications of priority, according to the criteria and conditions set by the Executive Regulations of this Law.

Article (15)  
Unity of Invention 
1. The application referred to in article (11) hereof may relate to one Invention only or to a 
group of Inventions so linked as to form a single general inventive concept. Any application 
filed for more than one Invention shall be determined by the right decision, as provided in 
the Executive Regulations of this Law.  
2.  If it appears after granting of the P atent or Utility Model Certificate that the condition for unity 
of invention is not met, as provided in Item (1) of this Article, this shall not be taken as a 
ground to overturn the Patent or Utility Model Certificate.  
 
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  11

Article (16)  
Division of Applications for Patents or Utility Model Certificates  
1. Any applicant for a Patent or Utility Model Certificate whose application involves two or 
more Inventions, may divide such application into two or more applications, in conformity 
with what is stated in the description or drawings attached to the initial application.  
2. The application divided according to this Article shall be deemed filed on the same date of filing the initial patent application, according to the criteria set forth in the Executive 
Regul ations of this Law.  
3. The requirements for division of applications shall be set by the Executive Regulations of this Law.

Article (17)  
The Procedures for Granting of Patents and Utility Model Certificates and 
their Data  
1. The ICPR shall grant Patents and Ut ility Model Certificates, which shall be published in the 
Industrial Property Bulletin, according to such powers and procedures as set by the Executive 
Regulations of this Law.  
2. The Patent or Utility Model Certificate shall be granted to the person entitled  thereto, if no 
objection is raised with respect thereto by filing an application for re -examination after 
granting thereof or filing a grievance within the time limit set out in the Executive Regulations of this Law, after entry thereof in the Register. T he Patent or Utility Model 
Certificate must indicate the registration number, issuance date, evidence of payment of the 
registration or renewal fees and such other data as required by the Executive Regulations of this Law.

Article (18)  
Terms and Fees of Patents and Utility Model Certificates  
1. The term of the Patent shall be twenty (20) years and the term of the Utility Model Certificate shall be ten (10) years, starting from the filing date of the application.  
2. The applicant for, or owner of, a Patent or Utility Model Certificate shall pay the annual fees Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  12  payable for registration of the Patent or Utility Model Certificate, throughout the term of 
protection, in accordance with the procedures and controls set by th e Executive Regulations 
of this Law.  
3. The Executive Regulations of this Law shall set the procedures and requirements for re -
activation of applications for Patents or Utility Model Certificates in case of failure or delay in payment of the fees payable ther efor according to Item (2) of this Article.

Article (19)  
Rights Granted by Patents or Utility Model Certificates  
A Patent or Utility Model Certificate shall grant its owner the following rights:  
1. The right to exploit the Invention, which includes the following:  
a. Where the subject matter of a Patent or Utility Model Certificate is a product, the owner thereof may make, use, offer for sale, sell or import the product for such purposes, and 
shall have the right to prevent third parties, not having his consent,  from making, using, 
offering for sale, selling, or importing the product for such purposes.  
b. If the Invention involves an industrial process or method for producing a particular 
product, the patent owner shall have the same right with respect to the produc ts resulting 
directly from using such process or method, in addition to his rights to use such process 
or method and to prevent third parties, not having his consent, from using the process or 
using, offering for sale, selling, or importing the product obt ained directly from that 
process for such purposes.  
2. Using the process and performing any of the acts referred to in Paragraph (A) of Item  (1) of 
this Article with respect to a product obtained directly from that process, in the event that 
the Patent or Utility Model Certificate is granted for a process or new application of a well-
known industrial process or means.  
3. The rights referred to in Item (1) of this Article shall be limited to the acts performed for 
industrial or commercial purposes. They shall n ot extend to acts in relation to the product 
protected after the sale thereof.  
 
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  13

Article (20)  
Manufacturing a Product or Using an Invented Process in Good Faith  
If a person,  in good  faith,  manufactures  a product,  uses  an invented  process,  or makes  serious  
preparations  therefor  in the State  before the filing  date  of an application  for protection  
by another  person,  or on the legally  claimed  priority  date  of such  application,  that  person  
shall have  the right,  notwithstanding  the grant  of the Patent  or Utility  Model  Certificate,  to 
continue  to perform  such  acts  without  extending  the scope  thereof.  Such  right  of exploitation  
may not be  transferred  to third  parties  independently  of the establishment benefiting  
therefrom.

Article (21)  
Transfer of Patents or Utility Model Certificates and its Conditions  
1. A Patent or Utility Model Certificate, or the application for either of them, may be transferred 
to third parties.  
2. 1.  The transfer of a Patent or Utility Model Certificate, or the application for either of the m, 
must be made in writing and signed by the contracting parties at the Ministry, submitted to the notary public in the State for authentication of the signatures, or duly authenticated in the State.  
3. The transfer must be recorded in the Register after paym ent of the prescribed fees.  
4. The Ministry may refrain from recording a transfer in the Register if it would lead to misuse 
of an Industrial Property right, adversely affect commercial competition or other related 
matters, as provided in the Executive Regulations of this Law.

Article (22)  
Exclusions from Patent or Utility Model Certificate Rights  
The rights granted by Patents or Utility Model Certificates shall not apply to the following:  
1. Acts carried out for education and scientific research purposes.  
2. Usin g the subject matter of the Patent or Utility Model Certificate in means of transport that 
temporarily or accidentally enter the territory of the State, whether in the structure, 
machines, devices, equipment or other additional parts thereof, provided that  the use is Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  14  limited to the needs of such means of transport.  
3. Mixing two or more medicines by a licensed pharmacist for treatment purposes.

Article (23)  
Separate Disposal by a Patent or Utility Model Certificate Owner  
1. Each of the joint owners of a Patent or Utility Model Certificate may separately transfer his 
share in the Invention protected by the Patent or Utility Model Certificate to third parties, 
exploit the Invention and exercise the rights conferred thereto by article (19) hereof, unless 
otherwise agreed and without prejudice to the other owners.  
2. None of the joint owners of a Patent or Utility Model Certificate may grant a license to third 
parties to exploit the Invention without an agreement between them.

Article (24)  
Pledge of a Patent or Utility Model Certificate  
A Patent or Utility Model Certificate may be pledged in accordance with the controls and 
procedures set forth in the legislation in force in the State.  
 
Chapter Two  
Compulsory Licenses

Article (25)  
Requirements for Granting a Co mpulsory License  
1. If a period of at least three years has elapsed since the granting of a Patent or Utility Model 
Certificate without being exploited by the owner at all or exploited in an inadequate manner, 
any interested party may apply for a Compulsory L icense, in accordance with the procedures 
set forth in article (29) hereof, if the following requirements are met:  
a. The applicant for the Compulsory License must prove that he has exerted, over a reasonable period of time, efforts in order to obtain a licen se from the Patent or Utility 
Model Certificate owner on the basis of reasonable commercial conditions, and for a 
reasonable price. The procedures required in this regard shall be set by the Executive Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  15  Regulations of this Law.  
b. The Compulsory License shall n ot be exclusive.  
c. The Compulsory License must be granted to meet the needs of the local market. The 
Executive Regulations of this Law shall set out the guarantees that must be provided by 
the applicant to ensure adequate exploitation of the Invention in ord er to address the 
shortfalls or meet the needs for which the Compulsory License is requested.  
d. The decision granting the Compulsory License shall specify the scope and term of the license, according to the purpose for which it is granted, and may include obligations and 
restrictions binding on the licensor and licensee.  
e. The owner of the Patent or Utility Model Certificate shall be awarded a fair compensation.  
f. The exploitation of the Invention shall be limited to the licensee and the license may not 
be tran sferred to any other person except in the case of transfer of ownership of the 
licensee's establishment or that part of the establishment that exploits the Invention, 
subject to the approval of the competent court.  
g. The provisions of Articles (29) and (35) hereof shall apply to the applications for transfer 
of Compulsory Licenses.  
h. If the Invention is related to a semiconductor technology, the Compulsory License shall 
only be granted for public non -commercial use or to remedy a practice determined after 
judic ial or administrative process to be anti- competitive.  
2. No Compulsory License shall be granted if the owner of the Patent or Utility Model 
Certificate has valid grounds to justify his position.

Article (26)  
Rights of the Compulsory License Holder  
1. The Compulsory License shall confer on the licensee the right to perform all or some of the 
acts mentioned in article (19) hereof according to the terms of the license.  
2. The Compulsory License holder shall have the right to exercise the rights of the owner of t he 
Patent or Utility Model Certificate under civil and criminal law in order to protect and exploit 
the Invention if the owner has failed to do so in spite of having been aware or informed of Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  16  an unlawful act.

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

Article (28)  
Exceptions from the Requirements for Granting a Compulsory License  
The court may exempt an application for a Compulsory License from the requirements 
stipulated in article (25) hereof, if such application is made for a state of emergency, crisis, 
disaster or public urgent need, or for non- commercial purposes.

Article (29)  
Procedures for Compulsory Licenses before the Court  
1. The application  for a Compulsory License shall be submitted to the court in the form of a 
lawsuit filed against the owner of the Patent or Utility Model Certificate. The ICPR shall be 
summoned to be represented before the court. The court may give the parties a grace per iod 
to reach an agreement. The grace period may be extended if the court finds a justified reason 
for such extension.  
2. After the lapse of the grace period referred to in Item (1) of this Article, the court shall decide either to refuse to grant the Compulso ry License or to grant it, and shall also determine the 
terms and scope thereof and the compensation for the owner of the Patent or Utility Model 
Certificate, in accordance with the provisions of article (25) hereof.  
3. If the decision made under Item (2) of this Article becomes final, the licensee shall notify the 
other parties and the Ministry thereof. The Ministry shall record the decision in the Register and publish it in the Industrial Property Bulletin after payment of the prescribed fees. The 
decision shall only take effect towards third parties as from the date of publication thereof.  
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  17

Article (30)  
Issuance of a Compulsory License for Public Interest  
A Compulsory License may be issued by a decision of the Minister, or whoever he delegates, for 
exploita tion of an Invention protected by a Patent or Utility Model Certificate, if such Invention 
is important for the public interest, in accordance with the conditions stipulated in article (25) 
hereof, with the exception of the term condition, and Paragraph  
(A) of Item (1) thereof. The decision of the Minister shall be published in the Industrial Property 
Bulletin.

Article (31)  
Issuance of a Compulsory License for Exploitation of a Patent or Utility Model 
Certificate  
1. If it is impossible to exploit an Invention protected by a Patent or Utility Model Certificate in the State without prejudicing rights conferred by a Patent or Utility Model Certificate granted 
by virtue of an earlier application, the owner of the later Patent or Utility Model Certificate 
may on request be granted a Compulsory License, in accordance with the provisions of 
Paragraphs (C) and (E) of Item (1) of article (25) hereof, to the extent necessary for 
exploitation of his Invention, provided that such Invention serves industrial purpos es 
different from those of the Invention subject of the earlier Patent or Utility Model Certificate or represents a significant technical advance in relation thereto.  
2. If a Compulsory License is granted according to Item (1) of this Article, the owner of th e 
earlier Patent or Utility Model Certificate may on request be granted a Compulsory License for the later Patent or Utility Model Certificate.  
3. The Compulsory License granted to the later applicant may only be transferred to third 
parties by transfer of th e later Patent.

Article (32)  
Modification of the Compulsory License Terms and Revocation  
1. The  court  or Minister,  as the case may  be, may  modify  the terms  of the Compulsory  
License  at the request  of the owner  of the Patent or Utility  Model  Certificate  or the Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  18  licensee,  provided  that  the modification is justified  by new  facts, and,  in particular,  where  
the owner  of the Patent or Utility  Model  Certificate  grants  a contractual license  on terms  
better  than  those  of the Compulsory  License.  
2. The  court  or Minister,  as the case may  be, may  revoke the Compulsory  License at the request  
of the owner  of the Patent or Utility  Model  Certificate,  if the licensee fails  to comply  with  the 
terms  of the license,  or if the grounds  justifying  the granting  of the license  no longer  exist;  in 
which  case,  the licensee  shall be given  a reasonable  grace  period  to discontinue  the 
exploitation  of the Invention if immediate  discontinuation  would  cause  him  serious  damage.

Article (33)  
Registration and Publication of Compulsory Licenses  
1. Compulsory Licenses and any decisions made with respect thereto shall be recorded in the 
Register and published in the Industrial Property Bulletin after payment of the prescribed 
fees, as provided in the Executive Regulations of this Law.  
2. Licenses issued under article (30) hereof shall be exempted from fees if the Invention is 
exploited by government entities.  
 
Chapter Three  
Surrender and Revocation of Patents or Utility Model Certificates

Article (34)  
Requirements and Procedures for Surrender of Patents or Utility Model 
Certificates  
1. A Patent or Utility Model Certificate may be surrendered by the owner or licensee thereof by 
sending a written notice to the Ministry, while advising any party related to the Patent or 
Utility Model Certificate of his intention of surrender.  
2. The surrender may be limited to one or more of the rights conferred by the Patent or Utility 
Model Certificate. It may not prejudice the rights of third parties unless those rights have 
been surrendered in writing. The surrender shall be r ecorded in the Register  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  19  3. and shall only take effect towards third parties as from the date of its publication in the 
Industrial Property Bulletin.

Article (35)  
Actions for Invalidation of Patents, Utility Model Certificates or Compulsory 
Licenses  
1. Any interested party may institute a court action to invalidate a Patent, Utility Model Certificate or Compulsory License if it has been granted without fulfillment of the 
requirements stipulated in this Law or the Executive Regulations thereof.  
2. The owner of the Patent, Utility Model Certificate or  Compulsory License, the Ministry and 
any persons who have rights related thereto shall be notified of the decision issued under Item (1) of this Article, which shall be published in the Industrial Property Bulletin.  
The invalidation request may be limited  to a part of the Patent, Utility Model Certificate or 
Compulsory License, in which case, the decision shall be considered a limitation of the rights 
conferred thereby.

Article (36)  
Regularization after Issuance of the Invalidation Decision  
Subject to th e provisions of article (32) hereof, the decision invalidating the Patent, Utility Model 
Certificate or Compulsory License, in whole or in part, shall be retroactively effective from the 
date of the granting thereof. However, the party to whom the Patent, Utility Model Certificate or 
Compulsory License is granted shall not be required to refund the compensation obtained for 
exploitation of the Invention or Compulsory License. The invalidation decision shall be recorded 
in the Register and published in the I ndustrial Property Bulletin.  
 
 
 
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  20  Chapter Four  
International Patent Applications

Article (37)  
International Applications  
The  Ministry shall receive International Applications  under  the PCT. The  Executive  
Regulations  of this Law  shall regulate  the conditions  and  procedures  that  must  be observed  in 
this regard.

Article (38)  
Fees for the International and National Phases of International Applications  
1. The fees and procedures for the international phase of International Applications shall be 
subject to the provisions of the Regulations of the PCT.  
2. The fees and procedures for the national phase of International Applications shall be subject 
to the provisions of Articles (11) and (18).  
 
Part Three  
Industrial Designs

Article (39)  
Protection of Literary  and Artistic Rights Relating to Industrial Designs  
The protection provisions set forth herein with respect to Industrial Designs shall not prejudice the literary and artistic rights relating thereto, whether conferred by the law or by the 
international co nventions and treaties to which the State is a party.

Article (40)  
Registration of Industrial Designs  
No Industrial Design may be covered by the protection provided herein unless it is recorded in 
the Register. The procedures for filing and examining the  applications for registration shall be set 
by the Executive Regulations of this Law.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  21

Article (41)  
Applying for the Protection of More than One Industrial Design  
The application for protection may include more than one Industrial Design, provided that the y 
are all of the same class of the international classification, as provided in the Executive 
Regulations of this Law.

Article (42)  
Right of Priority for Industrial Designs  
1. The priority provisions of Item (1) of article (12) hereof shall apply to Industrial Designs.  
2. The period of priority shall be six (6) months as of the date of first filing.

Article (43)  
Requirements for Industrial Designs  
1. The Industrial Design must be new.  
2. The commercial exploitation of an Industrial Design shall not be allowe d if it would be 
contrary to the public order or morality.  
3. An Industrial Design is new if it has not been disclosed to the public by publication or by use 
or in any other way, prior to the filing date of the application.  
4. For the purposes of this Article, an Industrial Design shall not be deemed disclosed to the 
public if such disclosure is made within one year prior to the filing date of the application.

Article (44)  
Procedures for Examination of Industrial Design Applications  
1. After payment of the prescribed fees, the ICPR shall examine the Industrial Design application 
and may request the fulfillment of any requirements it deems necessary for  
2. granting the Industrial Design Certificate, in accordance with the provisions of this Law and the Executive Regulations thereof. If the applicant fails to fulfill such requirements within 
ninety (90) days from the date of being notified, this shall be considered as a waiver of his Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  22  application.  
3. The Industrial Design must meet the conditions stipulated in the Law  and the Executive 
Regulations thereof, and the Ministry shall announce the approval of the application in the 
Industrial Property Bulletin.  
4. The Executive Regulations of this Law shall set the requirements and procedures for 
examination and mechanism of publication.

Article (45)  
Term of Protection and Payment of Fees  
1. The term of protection of an Industrial Design shall be twenty (20) years starting from the 
filing date of the application for protection.  
2. The applicant for, or owner of, an Industrial Design shall pay the annual fees payable for 
registration of the Industrial Design, throughout the term of protection, in accordance with 
the procedures and controls set by the Executive Regulations of this Law.  
3. The Executive Regulations of this Law shall set the procedures and requirements for re -
activation of applications for Industrial Designs in case of failure or delay in payment of the fees payable therefor according to Item (2) of this Article.

Article (46)  
Rights Granted by Industrial Design Certificate s 
1. The protection provided hereunder for an Industrial Design shall grant its owner the right to prevent third parties from performing any of the following acts:  
a. Using the Industrial Design in the making of any product.  
b. Importing any product related to the Industrial Design, or possessing such product for the 
purposes of commercial use, offering it for sale or selling it.  
2. The acts mentioned in Item (1) of this Article shall not be deemed lawful merely because of a difference between the field in which they are performed and the field in which the legally 
protected Industrial Design is used, or because they relate to a product that differs from the 
Industrial Design covered by the Protection Title.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  23

Article (47)  
Exclusions from Industrial Design Certificate Rights  
1. The rights granted by Industrial Design Certificates shall not apply to the following:  
a. Acts carried out for education and scientific research purposes.  
b. Using the subject matter of the Industrial Design Certificate in means of transport that 
temporarily or accidentally enter the territory of the State, whether in the structure, 
machines, devices, equipment or other additional parts thereof, provided that the use is 
limited to the needs of such means of transport.  
2. If a person, in good faith, pe rforms any of the acts mentioned in article (46) hereof  before the 
filing date of an application or the legally claimed priority date of such application, that person 
shall have the right to continue to perform such acts without extending the scope thereof. 
Such right of exploitation may not be transferred to third parties independently of the establishment benefiting therefrom.

Article (48)  
Industrial Design Rules Where No Special Provision is Made  
Where no special provision is made in this Part, the provisions of the articles hereof relating to Patents and Utility Model Certificates shall apply to Industrial Designs.  
 
Part Four  
Contractual Licenses

Article (49)  
Requirements for Contractual Licenses  
The owner of the Protection Title may grant a license to any natural or legal person to use or 
exploit the protected right, provided that the term of the license does not exceed that of the 
protection provided hereunder. The contractual license must be made in writing and signed by 
the parties.  
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  24

Article (50)  
Common Provisions between Industrial Designs, Patents and Utility Model 
Certificates  
The owner of the Protection Title shall record the contractual license in the Register after payment 
of the prescribed fees, and the Ministry shall approve such recorded license in the Register. The 
license shall only take effect towards third parties as from the date of publication thereof in the 
Industrial Property Bulletin. The license shall be struck off the Register at the request of the parties 
to the contra ct or upon the expiry of the term thereof.

Article (51)  
Extension of the Scope of Contractual Licenses to Third Parties  
Unless otherwise provided in the license contract, the contractual license shall not prevent the 
owner of the Protection Title from ex ploiting or using the subject matter of protection by himself 
or granting other licenses to third parties.

Article (52)  
Rights of the Licensee  
1. Unless otherwise provided in the license contract, the licensee shall, pursuant to the 
provisions of this Law a nd the Executive Regulations thereof, have the right to exploit and use 
the subject matter of protection licensed thereto across the territory of the State, including free zones, in all fields and by all means, throughout the term of legal protection.  
2. The licensee shall be entitled to use the rights granted by the Protection Title to its  owner  
to stop  any  infringement,  imminent  infringement  or prejudice  affecting  the subject  
matter  of protection.  
3. Either  the licensor  or licensee  may  take any  legal measures  and  procedures  required  for 
protecting  his right.  
 
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  25

Article (53)  
Transfer of Contractual Licenses  
Unless otherwise provided in the license contract, the licensee shall not transfer the license or 
grant sublicenses to third parties, except in the case that  the ownership of the establishment has 
been transferred, in whole or in part.

Article (54)  
Control of Contractual Licenses  
1. Contractual licenses, transfers thereof and any amendments or renewals of their contracts shall be subject to the control of the M inistry in terms of the conditions, guarantees and rights 
granted by the Protection Title.  
2. The Ministry may refuse to register a contractual license if it would lead to misuse of an 
Industrial Property right or adversely affect commercial competition as to  the subject matter 
of the contractual license in the State. The Ministry may ask the owner of the Protection Title 
to amend the terms of the contractual license so as to remedy the reasons for refusal, as 
provided in the Executive Regulations of this Law.  
 
Part Five  
Layout -Designs of Integrated Circuits

Article (55)  
Requirements for the Protection of Layout -Designs of Integrated Circuits  
1. The Layout -Design of Integrated Circuits shall be protected according to the provisions 
hereof, if it is original, i.e. the result of its creator's own intellectual effort, and is not commonplace among professionals of the relevant industrial art.  
2. The Layout -Design shall be deemed original if the combination of its elements and 
interconnections is original in itself, d espite that the elements of which it consists are 
commonplace among professionals of the relevant industrial art.  
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  26

Article (56)  
Unprotectable Parts of Layout -Designs of Integrated Circuits  
Any ideas, methods, technical systems or encoded information which  a Layout -Design of 
Integrated Circuits may include shall not be protectable.

Article (57)  
Prohibited Uses of Layout -Designs of Integrated Circuits  
No natural or legal person may perform any of the following acts without obtaining a prior 
written permission from the right holder of the protected Layout -Design:  
1. Reproducing the whole Layout -Design or any original part thereof, whether by incorporation 
in an Integrated Circuit or otherwise.  
2. Importing, selling, or distributing the Layout -Design for com mercial purposes, either 
independently from an Integrated Circuit or incorporated therewith, or if it constitutes a component of a product.

Article (58)  
Acts that may be Performed without a License 
Without prejudice to the provisions of protection set out in this Part, any natural or legal person 
may perform one or more of the following acts, without obtaining a license from the right holder:  
3. 1.  Reproduction or commercial exploitation, which includes importing, selling or distributing 
of an Integrated Circuit that includes a protected Layout -Design or a product in which such 
Integrated Circuit is used, if such act is performed by a person who did not know, or was not 
in a position to know, at the time of the act that such Integrated Circuit or product incorporates 
a protected Layout -Design. In such case, the acquirer may, against payment of a fair 
compensation to the right holder, dispose of any stock or products ordered.  
4. 1.  Using a protected Layout -Design for personal use or for the purposes of testing , 
examination, analysis, teaching, training or scientific research. If such use leads to the creation 
of a new Layout -Design, the creator shall be entitled to have it protected.  
5. Creating a Layout -Design, identical with another protected Layout -Design, as a  result of Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  27  independent efforts.  
6. Importing a protected Layout -Design or an Integrated Circuit which has been produced using 
a protected Layout- Design, whether such circuit is separate or incorporated in a product, or 
importing a product that contains an Int egrated Circuit incorporating a protected Layout -
Design, whether circulated in the State or abroad.

Article (59)  
Registration and Term of Protection of Layout -Designs of Integrated Circuits  
1. The applications for registration of Layout -Designs of Integrated Circuits shall be submitted 
to the ICPR, as provided in the Executive Regulations of this Law.  
2. The term of protection of Layout -Designs of Integrated Circuits shall be ten (10) years starting 
from the filing date of the application or the date o f first commercial exploitation thereof in 
the State or abroad, whichever is earlier.

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

Article (61)  
Requirements for the Protection of Undisclosed Information  
Undiscl osed information shall be protected under the provisions of this Law and the Executive 
Regulations thereof, provided that it meets the following conditions:  
1. Must be secret in the sense that it is not, as a body or in the precise configuration and assembly 
of its components, generally known among or readily accessible to persons within the circles Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  28  that normally deal with the kind of information in question.  
2. Has commercial value because it is secret.  
3. Has been subject to reasonable steps by the person lawfully  in control thereof to keep it 
secret.

Article (62)  
Scope of Protection of Undisclosed Information  
1. The protection granted under the provisions of this Law shall be extended to undisclosed 
information, if the origination of which involves a considerable effort and is submitted on 
request to the government authorities by the person concerned for marketing of 
pharmaceutical or of agricultural chemical products, which utilize new chemical entities, 
necessary for the tests required to be made for allowing suc h marketing.  
2. The government authorities which receive the undisclosed information shall protect it 
against disclosure and unfair commercial use, for the period from the date of its submission 
thereto until it is no longer confidential, or for a period not exceeding five  
(5) years, whichever is shorter.  
3.  Disclosure of information, by the competent authorities, where necessary to protect the 
public shall not be deemed to constitute an infringement of the information owner's rights.  
4.  The information owne r, or his successors in title, may transfer the information with or without 
consideration.

Article (63)  
Responsibility of the Person Lawfully in Control of Undisclosed Information  
1. The person lawfully in control of undisclosed information shall take all appropriate measures 
to maintain the confidentiality of such information and prevent its circulation amongst 
unauthorized persons.  
2. He shall also organize and limit the circulation of such information within the establishment to the authorized persons, and preserve and prevent the leakage of such  information to third 
parties.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  29  3. The person lawfully in control of undisclosed information shall not be exempt from liability 
when others infringe the information, unless he proves that he has exerted reasonable and 
adequate efforts to preserve such information.  
4. The confidentiality of information, and the attendant rights to prevent others from infringing 
such information, shall subsist so long as the information is not disclosed, according to the 
provisions of article (61) hereof.

Article (64)  
Acts Contrary to Fair Commercial Practice  
1. The following acts shall be deemed to be contrary to fair commercial practices, and to 
constitute acts of unfair competition:  
a. Bribery to acquire the information from employees working at  the establishment which 
owns the information.  
b. Incitement of employees to disclose information acquired by virtue of their employment.  
c. Disclosure by a party in "confidential information contracts" of information thus acquired.  
d. Acquisition of information, f rom the place where it is preserved, through illicit means, 
such as theft, espionage or the like.  
e. Acquisition of information through fraudulent means.  
f. Use of information acquired by any of the previous means by a third party aware of its 
being confidential and that it was acquired by one of the above means.  
g. Any other acts which are deemed to be contrary to fair commercial practices.  
2. Shall be deemed to constitute an act of infringement of undisclosed information, the consequences of the acts mentioned in Ite m (1) of this Article by way of disclosing, acquiring 
or using such information by a third party without being authorized by the lawful owner.

Article (65)  
Acts Not Contrary to Fair Commercial Practices  
The following acts shall not be deemed to be contrary to fair commercial practices:  
1. Acquisition of information from public sources.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  30  2. Acquisition of information by exerting personal independent efforts to extract information 
through examination, testing and analysis of products in circulation in the market which 
incorporate the undisclosed information.  
3. Acquisition of information as a result of efforts of scientific research, innovation, invention, 
development, modification and improvement exerted by persons independently from the 
owner of undisclosed in formation.  
4. Acquisition and use of known and available information circulated among those involved in 
the industrial art within the scope of which the information falls.

Article (66)  
Common Provisions between Undisclosed Information, Patents and  Utility 
Model Certificates  
Where no special provision is made in this Part, the provisions of the articles hereof relating to Patents and Utility Model Certificates shall apply to undisclosed information.  
 
Part Seven  
Claims for Compensation for Damage, Preventive Measures and Penalties

Article (67)  
Right of the Protection Title Owner to Claim for Compensation  
 In the event of infringing any of the rights conferred on the owner by the Protection Title, the 
Protection Title owner or licensee may file an action befo re the court to claim for compensation 
for the damage suffered thereby as a result of the acts of infringement in violation of the 
provisions hereof.

Article (68)  
Precautionary Seizure 
In the event of an act of infringement or other illegal actions in violation of the provisions of this Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  31  Law or the contracts or licenses issued thereunder, the owner of the Protection Title, or the 
assignee of all or some of the Industrial Property rights p rovided for herein, may request the court 
to issue a precautionary seizure order for the Invention, Industrial Design, Layout -Design of 
Integrated Circuit, or the establishment or the part thereof using or exploiting any kind of the Industrial Property.

Article (69)  
Penalties  
Without prejudice to any more severe punishment stipulated in any other law, any person who provides false or forged documents or information in order to obtain a Patent, Utility Model Certificate, Industrial Design, or Layout -Design  of Integrated Circuit, imitates an Invention or a 
process, or intentionally infringes any right protected hereunder, shall be punishable by 
imprisonment and/or a fine of not less than AED 100,000 (one hundred thousand Dirhams) or 
more than AED 1,000,000 ( one million Dirhams).

Article (70) 
1. The court may order the confiscation or destruction of the seized articles or removal of the 
effects of the illegal act, as well as the equipment and instruments used for forgery.  
2. The court may order the publication of its judgment in the Industrial Property Bulletin or a 
local daily newspaper, at the expense of the convict.

Article (71)  
Law Enforcement Capacity  
The Ministry's employees who are designated by a resolution of the Minister of Justice, in 
agreement with the  Minister, shall act as law enforcement officers to identify the violations of the 
provisions of this Law and its Executive Regulations and resolutions issued in implementation 
thereof, within their respective competence.  
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  32

Article (72)  
Register  
The Ministry shall establish the Register in accordance with the controls set by the Executive 
Regulations of this Law and the ministerial decisions issued with respect thereto.

Article (73)  
Prohibited Acts of Ministry Employees  
The Ministry's employees are prohibited, during and after their service period, from performing 
any of the following acts:  
1. Practicing the profession of Registration Agents at the Ministry within the two years following the end of their service at the Ministry.  
2. Demonstrating a personal capacity in the originals or copies of any documents or papers.  
3. Divulging work secrets or giving, disclosing or using any data or information made available 
thereto ex officio for their own benefit or for the benefit of others, at the request of judicial 
authorities.

Article (74)  
Grievances and Objections 
1. A committee shall be formed by a decision of the Cabinet and chaired by a judge nominated 
by the Minister of Justice, including two experts in the field of Industrial Property rights, and 
excluding the employees of the ICPR. Such decision shall determine the Committee's work system and term, remuneration of its members and the procedures for filing grievances and 
deciding thereon.  
2. The Minister shall appoint the secretary of the Committee or delegate an e mployee of the 
Ministry to carry out the duties thereof. In performing his work, the secretary shall follow the instructions of the chairman of the Committee.  
3. The Committee shall be competent to decide on the grievances filed by the concerned parties 
again st the decisions issued in application of the provisions of this Law and the Executive 
Regulations thereof.  Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  33  4. The Committee shall consider grievances after payment of the prescribed fees.  
5. Subject to the provisions of Paragraph (2) of article (17) hereof, the  Committee shall not 
consider any grievance relating to the registration of a Patent, Utility Model Certificate or 
Industrial Design unless after the concerned party raises an objection before the ICPR by filing 
an application for re -examination after gran t. 
6. The Executive Regulations of this Law shall set the controls, procedures and periods for the applications for re -examination after grant and for deciding thereon.  
7. Subject to Item (5), no action shall be accepted before courts unless after filing a griev ance 
before the Committee.

Article (75)  
Requirements for the Profession of Registration Agents  
1. The profession of Registration Agents may only be practiced after entry in the list of 
Registration Agents of the Ministry and payment of the prescribed fees.  
2. The Executive Regulations of this Law shall set the requirements that must be met by 
Registration Agents and their duties, as well as the provisions or controls relating to their 
profession and the administrative penalties that may be imposed on them.

Article (76)  
Fees  
The Cabinet shall, based on a proposal of the Minister of Finance, set the fees required for the implementation of the provisions of this Law and the Executive Regulations thereof.

Article (77)  
Executive Regulations  
The Cabinet shall, based on a proposal of the Minister, issue the Executive Regulations of this Law 
within six months from the date of its publication.  
 Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights  34

Article (78)  
Repeals  
1. Federal Law No. (17) of 2002, referred to above, shall be repealed.  
2. Any provision contrary to or in conflict with the provisions of this Law shall be repealed.

Article (79)  
Continued Application of Regulations and Resolutions  
The regulations and resolutions issued in implementation of the provisions of Federal Law  No. 
(17) of 2002, referred to above, shall remain applicable without prejudice to the provisions of this 
Law, until the issuance of the regulations and resolutions necessary for the implementation of the provisions of this Law.

Article (80)  
Publication and Entry into Force of the Law  
This Law shall be published in the Official Gazette and shall enter into force s ix months following 
the date of its publication.  
   
 
Khalifah Bin Zayed Al Nahy an 
President  of the United Arab Emirates  
 
Issued by us, at the Presidential Palace in Abu Dhabi:  
On: 7 Shawwal 1442 AH  
Corresponding to: 19 May 2021 AD