The Difference Between A Trademark, Copyright, And Patent In Dubai

By Author: Dr. Hassan Elhais
Total Articles: 64
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In the past two decades, the United Arab Emirates has emerged as a global hub for investment and innovation. This has been possible largely due to the legal system in the county that recognizes and protects new ideas within technology and outside.
Although the UAE grants intellectual property rights, it is the duty of an individual or an entity to ensure that they register their work/invention as per the prescribed laws, to gain protection under the respective law. The UAE has a large number of intellectual property lawyers and law firms that specialize in registering intellectual properties, as well as handling IP related cases, in case of the infringement of these rights.
Intellectual Property Laws
Intellectual properties are intangible properties that are generally the creations of the mind. These include inventions, literary or artistic designs, trademarks and symbols. Trademark, Copyrights and Patents are different types of intellectual property protection. The UAE has a robust legal ...
... system that deals with intellectual properties.
Copyright
Copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. Infringement of copyright occurs when a third party uses, copies, or distributes a copyrighted work without the permission of the owner.   
In the UAE, laws regarding copyrights are encapsulated under Federal Decree-Law No. 38 of 2021 on Copyrights and Neighboring Rights. Copyright owners can register their right under the law.
Trademark
Trademarks in the UAE are governed under Federal Decree-Law No. 36 of 2021 on Trademark. Article 2 of the law defines trademark as everything that takes a distinctive shape of names, words, signatures, letters, Symbols, numbers, addresses, seals, Drawings, Pictures, Engravings, packaging, graphic elements, forms, colour or colours or a combination thereof, a sign or a group of signs, including three-dimensional marks, Hologram Marks, or any other mark used or intended to be used to distinguish the goods or services of a facility from the goods or services of other facilities, or to indicate the performance of a service, or to conduct monitoring or examination of goods or services. A distinctive sound or smell may also be considered as a Trademark.
A trademark not only identifies a product, but also reflects the goodwill on the brand. If a trademark is not duly registered, another party can use the trademark and thus benefit from the brand. Third parties may also sell substandard products under the trademark, thus negatively impacting the goodwill of the brand.
Patents
A patent is a legal right granted by a government to an inventor that gives them the exclusive right to exclude others from making, using, or selling an invention for a limited period. In the UAE, patents are governed by Federal Law No. 11/2021 on the Regulation and Protection of Industrial Property.
Conclusion
Registering intellectual properties are not the only requirement to ensure that these rights are protected. Additionally, entities may enter into contracts that define ownership of the properties, or establish confidentiality agreements to ensure that trade secrets are not reveled to outsiders.
Intellectual property law firms in Dubai are a one-stop destination to register intellectual properties and to handle cases in case of infringement of these intellectual property rights.

After qualifying as a lawyer within the fields of Criminal and Public Law, Dr. Hassan Mohsen Elhais has been practicing as a Legal Consultant in Dubai since 2006. Working exclusively with Awatif Mohammad Shoqi Advocates & Legal Consultancy, Dr. Hassan has a strong ethical stance with regards to the place of the law firm, from clarity on the legal process through to the fee system.