Even though the federal system involves the existence of different options for the protection of intellectual property in the United Arab Emirates ‒which are different for each single Emirate‒ there are four main general ways of achieving it: customs protection, administrative protection, civil protection and, finally, criminal protection.
At the administrative level, the DED (Departments of Economic Development) have administrative responsibility over the execution of IP rights in their own emirate, with the exception of the Free Zones that are under customs protection. In fact, as provided by the Gulf Cooperation Council, the Common Customs Law of all GCC States, the jurisdiction of the Customs Authority is mainly focused on ports and free zones and has not generally powers outside these areas.
However, where it is assumed that an infringer has acted in more than one Emirate, it will be possible to coordinate the complaints through the EMH – Ministry of Economy. As a result of an administrative action, the holder of an intellectual property right can also ask the Court to adopt precautionary measures to protect the good and then proceed with a civil action, usually preceded by a letter of formal notice which points out the alleged infringements and demands their cessation. In order to proceed with a civil action, the following documents are needed: a copy of the IP rights registration (or a properly notarized copy of the international registration); proof of authenticity and proof of infringement; in case of claim for damages, proof of the loss suffered by the owner of the IP rights; a legalized special power of attorney, granted by the owner of the intellectual property rights to the attorney; payment of the court fees.
A civil action usually lasts between six months and two years. This is why it is always preferable to start an administrative or criminal action. Therefore, in the United Arab Emirates, depending on the circumstances and as opposed to a civil action, both criminal and administrative actions are considered efficient and quick means for the protection of intellectual property. The criminal action in particular is considered as one of the most effective instruments of legal protection, because of the discredit deriving to the infringer from it and because of the sanctions that follow it (including confiscation of passport).
(Bologna Office –Linda Tontodonati – 0039(0)51 2750020)
