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Intellectual Property TrademarksTrademarks
Trademarks and service marks are words, names, symbols, ordevices used by manufacturers of goods and providers of services to identify their goods and services, and to distinguish their goods and services from goods manufactured and sold by others. A trade mark must be distinctive for the goods and services provided. In other words it can be recognized as a sign that differentiates your goods or service as different from someone else’s.
Most businesses are aware of their brand or branding and rightly see it as their corporate image and know it is of vital importance to their business, but often do not realize how vulnerable it is at the same time. In order to protect it properly, it should be registered as their trade mark.
Here are some of the many benefits that arise from trade mark registration:
- Trademarks It helps you to protect your business identity.
- It protects you against others using the same or similar trademarks.
- It provides “concrete proof” of your legally protected rights.
- It removes the need to rely on “common law” rights (passing off)
- Registration protects against others who trade in the same, but defective goods/services. This may lead to your reputation being ruined.
- It is an asset, it has value
- It may be licensed
- It may be franchised
- It may be sold.
Patent is a set of exclusive rights granted by a state to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.
Under the World Trade Organizations (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights, patents should be available in WTO member states for any inventions, in all fields of technology, and the term of protection available should be the minimum 20 years.
UAE is covered under the Gulf Cooperation Council (GCC)
which also covers IPR Protection in Kingdom of Saudi Arabia, Kingdom of Bahrain, Sultanate of Oman and State of Kuwait.
Patents are granted in UAE if the application meet the criteria of Novelty, Inventive Concept (also known as non obviousness) and Industrial Applicability. A Provisional Certificate of Protection can be issued for a maximum period of six (6) months prior to any exhibition organized in the UAE, for any interested party that may wish to apply for a provisional or temporary protection of any matter that under process to receive patent protection or certificate of benefit.
The industrial drawing or design is an innovative or new drawing or design, that can be used as an industrial / handicraft product, and not violate the public order or the morals of the State.
The industrial design doesn’t have the benefit of the protection defined in the law, except if registered in the related register at the Administration and the registration application is submitted which is examined according to the procedures defined by the bylaws of the law.
The application for protection may include more than just one industrial drawing or design, provided that such drawings or designs are interrelated in terms of manufacture and uses, and that their total number does not exceed 20 drawings or designs.
Copyright in UAE is protected under the Copyright and Authorship Protection Law No.7 for the year 2002. Protection is granted to authors of literary, artistic and scientific works of whatever the value or kind or purpose or way of expression is. Protection is provided for works whose means of expression is writing, sound, drawing, image, motion pictures, creative titles or computer software translation of works is also protected.
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