A trademark is typically a brand name that is used in a business as an identification sign to distinguish the goods or services from other companies. A trademark could be a name, sign, picture, signature, colour, word, shape or combination of any of these.
Trademarks are registered under a ‘class’ system in the UAE. Each trademark class covers different products and services. There are 45 international classes and it is possible to register trademarks in 44 classes in the UAE. A separate application is required for registration of trademark in each class. It may be costly and unnecessary for you to register your trademark in classes that are not relevant to your goods or services. Thus, choosing the correct class is critical for necessary protection and avoiding unnecessary costs. “UAE LEGAL BUREAU” takes this responsibility when filing your application.
Federal Law No. 7 of 2002 Concerning Author’s Rights and Neighbouring Rights gives copyright protection to a wide range of works. Copyrights are protected in the UAE in accordance with widely accepted international conventions, though there are some areas (notably in the area of ownership of employee works and the assignment of future copyright) where UAE law diverges from international norms.
For obtaining protection, copyrightable works have to be deposited with the Ministry of Economy. Protection is granted to authors of literary, artistic and scientific works of whatever the value or kind or purpose or way of expression is. Generally, protection is provided for works whose means of expression is writing, sound, drawing, image, motion pictures, creative titles or computer software. Translation of original works is also protected.
Patents are protected under the UAE’s Industrial Property Law (Federal Law No. 17 of 2002), as amended by Federal Law No. 31 of 2006. The UAE operates under two systems, the Patent Cooperation Treaty (PCT) system for domestic patents, and the Gulf Cooperation Council (GCC) Patent system which provides a mechanism for regional filings of patent applications within the GCC countries. The GCC is not part of the PCT system, so patent applications of local interest only should be filed through the GCC system. However, it is possible to register patents in the UAE to maximise protection.
In a world which places an emphasis upon aesthetics, the appearance of a product can be a determining element in the consumer’s final purchasing decision. The design, look and feel of a product may to a large extent contribute to its success or failure. The design creates the emotional connection with consumers and directly contributes to brand building. In short, success in the marketplace often depends upon how good a product looks rather than simply how well it works particularly when the market offers a large variety of products with the same or similar function.
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