Enforcement of Intellectual Property Laws in the United Arab Emirates
The United Arab Emirates is a leading jurisdiction for protection of intellectual property rights and promoting the implementation of related laws. This has been demonstrated through the continuous updating and development of the legislative system in addition to preparing and developing law enforcement cadres and agencies in all emirates of the country to ensure the implementation of legislation and laws on the ground. Examples include Law No. 36 of 2021 regarding trademarks, which is considered one of the most important legal tools in protecting intellectual property rights within the country, Law No. 38 of 2021 regarding copyright and related rights, and Law No. 11 of 2021 regarding the regulation and protection of industrial property rights. In this article we will explain Trademark Law No. 36 of 2021 and the problems it addressed that were not addressed by the old Law No. 37 of 1992.
In a related matter, the Office of the United States Trade Representative (USTR) removed the name of the UAE from the monitoring list in the report Annual Resolution No. 301 of 2021, which is usually issued on the basis of the effectiveness of a country’s protection of intellectual property rights. By Resolution No. 301, the UAE was classified among the countries committed to applying the latest international standards and best global practices in the field of intellectual property rights protection. The USTR explained in its report that the UAE has achieved significant progress in this field through a series of measures implemented by several government agencies in the country, most notably the Ministry of Health and Community Protection, the Federal Customs Authority, Dubai Customs, and the Department of Economic Development in Ajman, all of which showed distinguished performance and significant progress during a record period to develop the country's system in protecting intellectual property rights.
A historical overview of trademark laws in the UAE:
The trademark protection system in the UAE has witnessed remarkable development over the past decades, as the journey began with the issuance of Federal Law No. 37 of 1992 with its executive regulations, which laid the first foundations for organizing, registering and protecting trademarks in a manner consistent with that era. This also coincided with the UAE's accession to the Paris Convention on Industrial Property in the mid-nineties, which enhanced the compatibility of its legislation with international standards.
With the increasing economic challenges and technological and commercial development, the UAE legislator has worked to update the legal framework. The last decade witnessed the issuance of Federal Decree-Law No. 36 of 2021 regarding trademarks, which entered into force in January 2022 with the issuance of its executive regulations. This law is characterized by expanding the scope of protection to include non-traditional marks such as 3D marks, holograms, sound marks, and smell marks. It also adopted the establishment of modern electronic systems to register and manage all trademark topics without the need for any physical procedures, starting from submitting the application through the Ministry's website and ending with submitting objections and appeals before the committees specialized in considering these topics, which contributes to enhancing transparency and facilitating procedures significantly.
This update was not limited to technical development only but also came to provide more effective mechanisms for resolving disputes and protecting the rights of trademark owners while providing special protection for globally famous trademarks. These steps reflect the strategic vision of the UAE in supporting a competitive investment environment and encouraging innovation in line with global developments in the field of intellectual property.
Comparison between the penalties in Law No. 37 of 1992 and Law No. 36 of 2021:
• Fines: Articles (49) and (50) of Law No. 36 of 2021 stipulate much higher fines compared to Articles (37) and (38) of Law No. 37 of 1992, as the fines in the new law reach one million Emirati dirhams, equivalent to approximately 272 thousand dollars according to the official exchange rates, while they did not exceed ten thousand dirhams in the old law.
• Imprisonment period: Article (51) of Law No. 36 of 2021 stipulated a longer imprisonment period than that in Article No. (39) of the old law, which in some cases reaches two years in the event of a repeat of the crime by a person who had previously been convicted of a similar matter.
• Additional procedures: Article (51) of Law No. 36 of 2021 stipulates additional procedures such as closing the facility and confiscating tools, while Law No. 37 of 1992 includes closing the commercial establishment or exploitation project in the event of recidivism only for a period of not less than fifteen days and not more than six months.
• Case of repetition: In the event of the same person repeating the crime, the penalty shall be doubled according to Law No. 36 of 2021, while repeating the crime in the old law shall be punished with the same penalty for the criminal act.
Latest official statistics:
The UAE Ministry of Economy recently organized the "Qitaf" exhibition at its headquarters in Dubai with the aim of showcasing the achievements of the UAE in all activities and fields related to the intellectual property sector, and supporting communication with inventors, innovators, and entrepreneurs. Officials stated that the number of registered trademarks had increased by a remarkable 89%, and intellectual works recorded a strong growth of 26.5%. At the same time, the number of granted patents experienced a significant increase of 17.5%, indicating the continuation of technological progress and innovation. The Ministry of Economy has strengthened its procedures and systems, which has led to reducing the waiting period for the initial examination of patents from 44 months at the beginning of 2023 to 20 months in 2024. In addition, the number of national patent applications has doubled, which contributed to achieving an overall growth of 6%.
A new judicial ruling with the maximum penalty stipulated in the new Trademarks Law No. 36 of 2021:
In a new precedent in terms of history and a norm in terms of application and enforcement of the law, the competent court in the Emirate of Ajman issued a historic ruling against an accused infringer of imitating, selling, and promoting goods bearing the name of one of the trademarks protected within the country and acquiring all the rights to this legal protection, which led to misleading the public and harming the entity owning the trademark. The court’s ruling on 1/31/2025 imposed the maximum penalty stipulated in Law No. 36 of 2021, which is imprisonment for a period of one year and a fine of one million Emirati dirhams and confiscation of the counterfeit goods. The judgment paragraph of the court’s ruling stated that the accused deliberately planned to commit this crime, knowing that his actions were criminalized by law. This was proven according to the investigations with him and his admission before the court, and that the amounts and sums used by the infringer to commit this crime were close to one million Emirati dirhams. These factors led the court to be reassured that its decision to impose a harsher penalty on the accused and sentence him to the most severe penalty stipulated in the law was correct.
This ruling enforcing and applying Trademarks Law No. 36 of 2021 is not unique, as there are dozens of similar judicial rulings issued by various courts in the UAE that sentenced the accused to varying penalties according to the facts of each case.
Conclusion:
In conclusion, the UAE's journey in enhancing the protection of intellectual property rights highlights the state's commitment to developing a modern legislative system that keeps pace with global economic and technological developments. Since the issuance of Federal Law No. 37 of 1992 and until the radical update brought about by Law No. 36 of 2021, the UAE has proven that it always seeks to create a strict and effective legislative environment that guarantees the protection of trademarks and other intellectual property rights. Issuing such strict rulings in the field of intellectual property protection is not just an individual judicial decision, but rather a national message confirming that the UAE will not be lenient with those who violate intellectual property rights. This strict application of the law shows the extent of the country’s interest in protecting trademarks as one of the most important economic pillars, which enhances its position as an investment destination in the region and the world, in addition to enhancing the business environment and providing the necessary legal protection to guarantee the rights of trademark owners and achieve justice in commercial markets.
