UAE Chapter of Global Patent GO——Introduction to Patent Application in UAE

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flowers in the desert uae

The United Arab Emirates is located at the southeastern tip of the Arabian Peninsula in the Persian Gulf. It is located at the sea traffic hub where the Gulf enters the Indian Ocean, and is rich in oil and gas resources. The proven reserves of oil are 105 billion barrels, and the proven reserves of natural gas are 7.73 trillion cubic meters, both ranking sixth in the world. The oil industry is the pillar industry of the UAE. The huge and stable oil revenue is the main source of the UAE's fiscal revenue, making it the second largest economy in the Gulf region and one of the richest countries in the world. At the same time, in order to get rid of excessive dependence on the energy industry and achieve sustainable development, the UAE is committed to implementing economic diversification policies. In 2014, seven major areas including renewable energy, transportation, education, health, and technology were designated as key areas for innovation and development. , invested a lot of money, strengthened policy support to promote the development of non-energy industries, and has gradually developed into a financial, commercial, logistics, exhibition, tourism center and commodity distribution center in the Middle East. According to the "2019 Global Competitiveness Report" released by the World Economic Forum, the UAE ranks first among Arab countries and 25th in the world. According to the "2020 World Business Environment Report" released by the World Bank, the UAE ranks 16th in the world comprehensively, ranking first among Arab countries for 7 consecutive years.

As far as China is concerned, China and the United Arab Emirates established a strategic partnership in 2012, and the United Arab Emirates officially applied to become a founding member of the Asian Infrastructure Investment Bank in March 2015. Real Middle Eastern country. China's rapidly growing foreign trade exports and energy demand have brought abundant industrial products to the UAE, and also provided a broad market for its petroleum and petrochemical products. At present, Chinese-funded enterprises have achieved good development in the UAE's oil and gas, new energy, infrastructure construction, communications, finance and other fields, and are actively exploring emerging high-tech markets in the UAE. Huawei and the United Arab Emirates National Telecommunications Company (ETISALAT) have formed a strategic partnership and established a joint business innovation center. However, the UAE market is relatively open, the competition is very fierce, and the Western standard system is commonly used, and the market access threshold is relatively high. Pre-market research and a comprehensive grasp of the environmental characteristics of the UAE market have become the first choice for Chinese-funded enterprises and Chinese citizens to invest in the UAE. "Compulsory courses".

The United Arab Emirates is a country with a loose federal system. In addition to the relative unity of national defense and diplomacy, the emirates are self-contained in terms of economy, trade, and investment. Some laws of the federal government are not strictly enforced in some emirates. In recent years, in order to meet the needs of the new economic situation, the Ministry of Economic Affairs of Afghanistan has taken the lead in revising 10 laws including the Company Law, Investment Law, Bankruptcy Law, and Intellectual Property Law. In terms of intellectual property rights, the UAE federal authorities and the functional departments of the emirates have the right to seize goods and impose fines on goods and behaviors that infringe intellectual property rights, and the customs department has the right to confiscate and destroy illegal goods. However, there are currently no intellectual property courts and judges in the UAE, especially in grassroots courts, where there is a shortage of professional and technical personnel related to intellectual property rights, making it difficult to deal with technical issues in intellectual property rights. In recent years, the UAE government has paid more and more attention to the protection of intellectual property rights, and recently issued a new federal law to replace the previous industrial property law, which is applicable to patents, utility models, industrial designs and trade secrets in the UAE. Industrial property rights, regulating procedures for registration, use and transfer. The UAE is currently a member of the Paris Committee for the Protection of Industrial Property and the World Intellectual Property Organization. Today we will start with the patent system to understand the general situation of intellectual property rights in the UAE.

UAE patent overview

1. Types of protection for UAE patents

The types of patents in the UAE include inventions, utility models, and designs (industrial designs)

2. Ways for Chinese applicants to apply for patents in the UAE:

Paris Convention, PCT international application to enter the UAE, direct application

3. Competent unit

UAE Department of Industrial Property, Department of Industrial Property Ministry of Economy

4. Submit your application

1) Deadline requirements:

- via Paris Convention : within 12 months from the earliest priority date

- Entry of PCT international application into the UAE: within 30 months from the earliest priority date

2) Language requirements: The official languages of the UAE patent application are Arabic and English. Arabic translations can be added later.

3) Application method: You can submit a paper application or submit an application online

5. Formal examination

If the filing date is determined and the applicant has not withdrawn the application, the Patent Office shall examine whether the application complies with the formal requirements stipulated by law. To file a patent application in the UAE, you need to submit a certified copy of the Power of Attorney , a certified copy of the assignment agreement, and a certified copy of the company registration certificate (only for company applicants). In addition, it should be noted that when a Chinese applicant submits a patent application through the via Paris Convention or the direct application route, he needs to go through the confidentiality review procedures with the Chinese Patent Office in advance.

6. Substantive examination procedure

If the formality examination is passed and the relevant documents are complete, the Patent Office will issue a formality and legal examination notice to formally accept the application. Within 90 days after the notification of the positive result of the formality examination, the payment notice for publicity and examination will be issued. The UAE Patent Office will conduct (delegate) the substantive examination. There is no priority censorship or expedited censorship in the UAE. 80% of the substantive examinations are entrusted to the Austrian Patent Office, the Australian Patent Office and the Korean Patent Office.

7. Authorization procedure

If the examiner finds that the patent application meets the conditions for grant after conducting substantive examination, or if the issues raised in the examination report are resolved, the patent application will be granted. At the same time, the granted text will be announced, and no granted fee will be charged.


Latest developments in intellectual property rights in the UAE

1. The United Arab Emirates announced on November 27, 2021 that it will implement a number of major legal reform measures, involving more than 40 laws and regulations such as industrial property, copyright and trademark. Among them, the new industrial property law has attracted the attention of overseas traders and investors. The laws mainly regulate patents, integrated circuits, industrial product designs, utility certificates and confidentiality agreements.

2. The scope of application of the UAE Trademark Law has been extended to three-dimensional trademarks, holograms, smell trademarks and sound trademarks, as well as registered trademarks of geographical names related to specific places. Other trademark law amendments include removing the trade licensing requirement for registered trademarks and providing temporary trademark protection during exhibitions.

3. The UAE has acceded to the Madrid Protocol. The protocol establishes a unified system for international trademark registration implemented by the World Intellectual Property Organization and will enter into force in the UAE on December 28, 2021. Thereafter, UAE businesses can register their trademarks through a single application process.

4. The GCC Harmonized Patent System has been discontinued since early 2021. The Patent Office of the Gulf Cooperation Council (GCC Patent Office) will stop accepting new patent applications from January 6, 2021, and all granted GCC patents will remain valid and enforceable, and the validity of any patent granted by the GCCPO will only be It is limited to that member state and does not cover the entire GCC region.

Friendliness to Chinese applicants:

★★★★

Gold content of patent rights:

★★★

The degree of perfection of the rights protection mechanism:

★★★