Category: News

Bahrain Joins the Locarno Agreement

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The Kingdom of Bahrain has formally joined the Locarno Agreement through the enactment of Law No. 21 of 2026, marking a further development in the country’s intellectual property framework. The Agreement establishes an internationally accepted classification system for industrial designs, enabling designs to be organised according to standardised classes and subclasses used across participating jurisdictions.

As the 64th member of the Agreement, Bahrain adopts a system that promotes greater consistency in the handling of industrial design applications and facilitates the identification and management of design rights on an international level. The accession reflects Bahrain’s continued commitment to modernising its IP regime and enhancing compatibility with globally recognised practices for the protection of industrial designs.

Our teams are available to assist you with your industrial design applications in Bahrain and wider region.

Celebrating Another Year of Recognition in IAM Patent 1000 (2026)

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United Trademark & Patent Services is pleased to announce its continued recognition in the IAM Patent 1000, one of the world’s leading guides to patent professionals and firms. The firm has been ranked consistently for many years, reflecting its longstanding commitment to delivering high-quality patent prosecution, transactions, litigation, and strategic intellectual property services across the Middle East and South Asia.

Pakistan

United Trademark & Patent Services has once again been recognised as a Highly Recommended Firm in Pakistan. IAM Patent 1000 describes the firm as a “stronghold in the IP arena within Pakistan,” highlighting its ability to combine deep technical understanding with a strong command of patent law. The guide further notes the team’s meticulous drafting, efficient case management, and close collaboration with clients and inventors to protect innovation while supporting broader commercial objectives.

The ranking also recognises the firm’s exceptional leadership bench, including Hasan Irfan Khan and Yawar Irfan Khan, with Yasser Mahmood being an integral part of the team. Together, they bring decades of experience spanning patent prosecution, litigation, portfolio management, enforcement, and strategic advisory work for multinational corporations and regional businesses. Their collective expertise continues to reinforce the firm’s reputation as a trusted adviser for complex and high-value patent matters.

United Arab Emirates

In the United Arab Emirates, United Trademark & Patent Services has been recognized as a leading firm in Prosecution, Transactions and Litigation, reflecting the breadth and strength of its patent practice.

IAM Patent 1000 highlights the firm’s robust and strategically driven approach, noting its combination of legal acumen and advanced technical expertise. The guide recognises the team’s ability to deliver industry-specific counsel across a wide range of sectors while maintaining strong capabilities in patent enforcement, defence, dispute resolution, and commercial transactions.

The publication also recognises Maria Farrukh Irfan Khan, Nevin Jacob Koshy, and Essam A. Khaleq for their contributions to the firm’s success. Their combined experience in patent protection, prosecution, enforcement, portfolio management, litigation, and cross-border intellectual property strategy continues to support clients throughout the UAE, GCC, and wider region.

We are grateful to our clients, colleagues, and associates for their continued trust and support. These rankings are a testament to the dedication of our team and our ongoing commitment to helping innovators protect and maximise the value of their intellectual property assets.

Introducing the UAE Industrial Property Appellate Board: What Applicants Need to Know

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On May 8, 2025, the UAE Prime Ministry announced the establishment of the Industrial Property Grievance Committee, as outlined in Cabinet Resolution No. (36) of 2025. This new body, which came into effect on May 9, 2025, is designed to address patent disputes and aims to enhance fairness, transparency, and efficiency in resolving industrial property-related issues in the UAE.

Current vs. New Process

Prior to this development, patent disputes in the UAE lacked a formal appellate process, often leading to delays and inconsistent outcomes. The newly introduced system streamlines the dispute resolution process by establishing clear procedural timelines. Following the registration decision by the Ministry, a grant certificate will be issued unless a post-grant re-examination is requested within 90 days. However, any interested party has the right to file a grievance within 60 days of the decision. If the grievance is not resolved to their satisfaction, the applicant may appeal the Grievance Committee’s decision within a further 30-day period to the competent court.

Key Features of the New Appellate Process

  1. Appeals Timeline: Appeals must be filed within 60 working days from the date of the decision notification to the party concerned.
  2. Committee Formation: Upon receiving an appeal, the Ministry will review the procedural requirements and form the Industrial Property Grievance Committee. The Committee may request additional information, data, or supporting documentation from the appellant, ensuring that all necessary details are considered before proceeding.
  3. Hearings and Expert Opinions: Both parties involved in the dispute will have the opportunity to present evidence. The Committee can also seek expert opinions when deemed necessary to ensure an informed decision-making process.
  4. Decision and Communication: The Committee will issue a reasoned decision within 60 days of the appeal submission. This decision will include legal and factual grounds for the ruling. The decision will be communicated to the parties within 15 working days through modern communication channels.
  5. Publication for Transparency: To ensure transparency, all final decisions will be published in the Official Gazette, providing public access to the outcomes and reinforcing the system’s accountability.

A Step Forward for UAE’s Patent System

The establishment of the Industrial Property Grievance Committee marks a significant step forward in strengthening the UAE’s intellectual property (IP) framework. By providing a formalized, transparent, and efficient process for resolving patent disputes, this new mechanism offers applicants greater legal certainty and confidence in the protection of their innovations.

The introduction of this system reflects the UAE’s ongoing commitment to improving its IP regime, aligning with global best practices and providing a more robust and predictable environment for businesses and innovators operating in the region.

For further details, please refer to the official announcement: Source. 

For practical insights, feel free to reach out to our experienced Patent Team at: patents@unitedtm.com 

Anti-counterfeiting in the United Arab Emirates: The Current State of the Market

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Introduction

Strategically located at the crossroads of Europe, Asia, and Africa, the United Arab Emirates (UAE) plays a pivotal role in global trade, as one of the world’s biggest logistics and re-export center.

The country’s geographic location, particularly Dubai’s role as an international shipping and air transit center, positions it as a key point for goods transported between East, West, and Africa. This accessibility has led to the UAE, including ports like Jebel Ali, becoming a hub for counterfeit goods. Counterfeit products may enter the country for domestic sale or transit to other regions, sometimes concealed within legal shipments.

Although the UAE has introduced legislative and enforcement measures to address counterfeiting, the large volume of goods moving through its borders continues to pose challenges to the protection of intellectual property rights.

Scope of Counterfeiting

Counterfeiting in the UAE affects a broad range of products, including luxury goods (such as handbags, watches, perfumes, apparel, and electronics), automotive parts, pharmaceuticals, toiletries, and cigarettes. Counterfeit items are typically sold in informal or low-cost markets, particularly in Dubai districts like Deira and Al Karama.

The UAE authorities have ramped up enforcement in recent years, resulting in increased seizures and raids to curb the availability of counterfeit goods in the market. For example, over the five years 2019-2024, Dubai Police’s Economic Crimes Department reports confiscating approximately AED 8.7 billion (~ USD 2.3 billion) worth of counterfeit goods.

UAE Legal Framework

The UAE is a civil law country, comprising seven emirates: Abu Dhabi, Dubai, Sharjah, Ajman, Ras Al Khaimah, Fujairah, and Umm Al Quwain. Each emirate can choose to run its court system or join the federal judiciary. Sharjah, Ajman, Fujairah, and Umm Al Quwain are part of the UAE Federal Judicial Authority. Abu Dhabi, Dubai, and Ras Al Khaimah have separate, independent court systems.

Both the federal and local courts follow a similar structure. They are divided into Courts of First Instance, Courts of Appeal, and either a Court of Cassation (local level) or the Federal Supreme Court (federal, also known as the UAE Supreme Court of Cassation). IP disputes can be heard by federal or local courts, depending on the case.

Intellectual property rights are protected by federal law; however, enforcement occurs at the local level. Each emirate has its own enforcement authorities.

The key federal legislation that covers anti-counterfeiting includes:

  • Federal Trademarks Law (“Federal Decree Law No. 36 of 2021 on Trademarks”): The primary law governing trademarks and infringement. The new law modernized provisions (e.g., expanding protection to non-traditional marks) and significantly increased the penalties for trademark counterfeiting.
  • Federal Copyright Law (“Federal Decree-Law No. 38 of 2021 on Copyrights and Neighboring Rights”): Criminalizes unauthorized copying, distribution, or commercial exploitation of protected content. Article 40(1) stipulates a penalty of imprisonment for a minimum of six months and a fine ranging from AED 100,000 to AED 700,000 for intentional infringement. Additional penalties may include confiscation of infringing materials and closure of the establishment involved.
  • Anti-Commercial Fraud Law (“Federal Decree-Law No. 42 of 2023 on Combating Commercial Fraud”): Strengthens enforcement against counterfeit, adulterated, or fraudulent goods. It imposes strict penalties on suppliers, including up to 2 years’ imprisonment and fines ranging from AED 5,000 up to AED 1 million.
  • Consumer Protection Law (“Federal Law No. (15) of 2020 on Consumer Protection”): Prohibits misleading descriptions and the sale of unsafe or counterfeit products and empowers authorities to issue fines up to AED 2 million and close businesses selling counterfeits.
  • The GCC Unified Customs Law (Regulation): Provides the basis for border enforcement, including the detention of suspected counterfeit goods in transit at all ports of entry. The law permits customs to take ex officio action and open and inspect packages when counterfeit or prohibited goods are suspected, without waiting for a formal complaint.

Additionally, the UAE is a party to all major intellectual property treaties that strengthen its anti-counterfeiting regime.

UAE Anti-Counterfeiting Enforcement Mechanisms

4.1. Enforcement Authorities

Several authorities in the UAE are responsible for anti-counterfeiting at both the federal and emirate levels. The main agencies are:

  • Customs Departments: Each emirate’s customs department is on the frontline of border enforcement. Customs officers inspect imports/exports at ports, airports, and free zones, and have the power to seize shipments of counterfeit goods. Dubai Customs has a dedicated Intellectual Property Rights Department that leads in training officers, maintaining a trademark recordal database, and conducting seizures, with subsequent destruction or recycling of counterfeit goods.
  • Police and Criminal Investigation Departments (CID): The UAE’s law enforcement agencies, particularly the police forces of each emirate (often through specialized anti-economic crime units or CID), conduct criminal investigations and raids on counterfeit manufacturing or distribution operations. Brand owners can file complaints with the police, prompting investigations that may involve undercover purchases, warehouse raids, and seizure of counterfeit stock.
  • Public Prosecution: The Public Prosecution (at the emirate level) oversees the criminal process once the police refer a counterfeit case. They play a crucial role in deciding whether cases proceed to criminal courts. Without a prosecutor’s approval, raids and arrests usually cannot take place, ensuring judicial oversight of enforcement actions.
  • Economic Development Departments (EDDs): The Department of Economic Development (at the emirate level) carries out administrative enforcement against counterfeit goods in the local market. In emirates that lack a dedicated local IP enforcement unit, the federal Ministry of Economy coordinates enforcement efforts. These administrative bodies provide a more expedient, cost-effective avenue for brand owners to stop infringement, often without the need for court litigation.
  • Federal Ministry of Economy and Tourism (MoET): UAE’s Ministry of Economy and Tourism leads on IP policy and administers the trademark registry. It also has an enforcement role, particularly in emirates where local DEDs are not active in IP enforcement. The Ministry’s Consumer Protection Department works with local authorities to combat commercial fraud and counterfeit goods nationwide. The new 2023 Commercial Fraud Law enhances MoET’s coordination powers by creating a national committee and mechanisms for federal-local cooperation.

4.2. Border Enforcement Procedures

The typical border enforcement process in the UAE includes:

  • Customs Inspections: Customs officers screen incoming shipments using risk profiling, intelligence, and random inspections. Under the law, if a customs inspector suspects prohibited or infringing goods, they may open and inspect packages, even in the absence of the importer. Suspicious shipments (for example, goods bearing well-known trademarks but declared as generic) can be held for detailed examination and inspection.
  • Notification of Rights Holder: When potentially counterfeit goods are detected, Customs will usually notify the trademark owner or its local legal representative, particularly if the mark is recorded with that Customs department. The right holder is typically given a short window (e.g., three working days) to confirm the counterfeit nature of the goods and express intent to take legal action. If the rights holder fails to respond in a timely manner, the goods may be released; therefore, prompt cooperation is crucial.
  • Seizure and Evidence Gathering: Upon confirmation (or obvious evidence) that the goods are counterfeit, Customs will seize the shipment. A seizure report is prepared, and samples of the goods may be retained for evidence. In many cases, Customs will send samples to a government forensic laboratory for scientific verification of counterfeiting. This lab report can then support further legal action. The seized goods are typically stored in a customs warehouse pending final disposition.
  • Follow-up Actions: Customs in the UAE cannot impose criminal penalties on counterfeit importers themselves. If punitive action is sought, the trademark owner (or Customs) must refer the case to the police or public prosecutor for criminal proceedings. However, Customs can directly order the destruction of counterfeit goods once they are confirmed to be fake and all necessary legal formalities are satisfied. Increasingly, UAE Customs departments dispose of seized counterfeit goods through environmentally friendly methods (e.g., supervised recycling) to prevent them from re-entering the market.

It is worth noting that, in line with the TRIPS Agreement, UAE Customs can detain goods in transit, which is particularly important given the UAE’s role as a global trade hub.

4.3. Customs Recordation

The UAE does not yet have a single unified federal customs recordation system; individual emirates allow rights holders to record their registered trademarks with local customs databases. Currently, 5 out of 7 emirates – Dubai, Abu Dhabi, Sharjah, Ajman, and Ras Al Khaimah, but not Fujairah or Umm Al Quwain – have recordation programs in place. Only trademarks registered in relation to goods (and not services) can be recorded with the customs authorities. The requirements usually include a copy of the UAE trademark registration certificate, a power of attorney or authorization letter, and payment of a recordation fee. The process and cost can vary by emirate.

Beyond the border measures, the UAE provides for administrative, civil, and criminal liabilities against counterfeiters. Brand owners typically choose the route based on the urgency, scale of infringement, and desired outcome.

4.4. Administrative Enforcement

In many cases, rights holders pursue an administrative complaint with the relevant emirate’s economic department or municipality to raid and confiscate counterfeit goods being sold domestically. Enforcement officials (sometimes in coordination with police) will then conduct inspections or raids at the suspect’s premises without court formalities. If counterfeit goods are found, the officials seize the items on the spot.

Penalties in administrative cases usually include fines against the infringer (levied by the department) and forfeiture/destruction of the goods. Repeat offenders can face harsher measures such as temporary closure of the business or suspension of licenses.

Administrative raids are valued for being swift and relatively low-cost – there are typically no court fees, and proceedings are handled internally. However, the penalties are administrative in nature (fines generally in the tens or hundreds of thousands of dirhams, depending on the emirate’s regulations) and do not include imprisonment. Administrative actions are, therefore, a practical tool for quickly cleaning up the market and deterring misconduct.

4.5. Civil Enforcement and Remedies

Under Article 48 of the Trademark Law, a trademark owner or any affected party can file a civil lawsuit against the infringer to seek damages for trademark infringement. Typically, the plaintiff must prove that a counterfeit or infringing act took place and that they suffered damages, such as lost profits or harm to their reputation.

A trademark must be registered in the UAE; no civil claim for trademark infringement can be entertained (well-known marks might be an exception in some instances, but generally registration is required for enforcement).

Civil cases are filed with the court of first instance, in the court of the emirate where the infringement took place or where the defendant is based, and proceed through written pleadings, evidence submission, and often court-appointed expert examination. Civil proceedings can be time-consuming (several months to over a year) and are conducted in Arabic. For a foreign brand owner, local legal representation is required through a licensed advocate, and a legalized power of attorney must be on file.

Civil Remedies: If the court finds in favor of the trademark owner, it can order a range of remedies:

  • Permanent injunctions to stop the defendant from continued infringement. In the UAE context, this often takes the form of a court order to seize and destroy the counterfeit goods and to prohibit the defendant from dealing in such goods.
  • Monetary damages to compensate for the harm. Damages in UAE civil cases are compensatory, not punitive. The court will consider the evidence of actual losses, which may include lost profits, a decrease in brand value, and investigation costs, among others. While courts have been traditionally conservative in awarding large sums without clear proof, damages awards against counterfeiters can still be significant if the volume of sales is proven. UAE law also allows for moral damages to be awarded for harm to reputation or goodwill.
  • Ancillary orders: The court may order the publication of the civil judgment at the defendant’s expense (similar to criminal cases) or the cancellation of a conflicting business name or trade license if, for instance, the defendant’s trade name infringes the plaintiff’s trademark. In some cases, the court can also order the closure of the defendant’s business (though, again, this is rare in civil cases).
  • Costs: The losing party can be ordered to pay court fees and a portion of the prevailing party’s legal costs. Full attorney fee recovery is uncommon, but partial costs (and expert fees) are often awarded.

4.6. Preliminary/Interim Measures

UAE law provides several preliminary or interim remedies that a trademark owner can leverage at the early stages of an anti-counterfeiting action, even before a full trial. The main interim tools include:

  • Judicial Precautionary Measures: Under Article 47 of the Trademark Law (and mirrored in Civil Procedure rules), a rights holder may petition the court for urgent measures before or during a case. These can include descriptive seizure (Anton Piller order), asset freezing/attachment, travel bans, and interim injunctions to cease sales.
  • Descriptive Seizure (Anton Piller order): The Court authorizes an ex parte search and seizure at the defendant’s premises to list and impound counterfeit goods, packaging, machinery, and related documents. This is essentially a civil raid carried out by court bailiffs, often with police assistance, to secure evidence and goods.
  • Asset Freezing / Attachment: The court can order a garnishment or attachment of the defendant’s property (e.g., freezing bank accounts or confiscating proceeds from sales of counterfeits) to ensure funds will be available to satisfy a judgment. This is especially useful if there’s a risk that the counterfeit seller will hide or dissipate assets.
  • Travel Ban: In some criminal cases, authorities may impose a travel ban on the suspects to prevent them from fleeing the country during the investigation and trial. While not a remedy per se, it is a precautionary step frequently used in significant counterfeit cases involving foreign suspects or extensive fraud.
  • Interim Injunction to Cease Sales: A court can order the defendant to stop selling or distributing the alleged counterfeit goods immediately, pending the outcome of the case. This acts like a temporary restraining order to halt ongoing infringement.

The competent civil court usually grants these orders on an urgent basis. Importantly, suppose an ex parte order is given (without the defendant present). In that case, the defendant must be served and has the right to contest the order within a short period (typically 15 days). The court will then decide whether to uphold or cancel the interim measure. Additionally, the plaintiff must file the substantive lawsuit within 20 days if the order was obtained before filing the case, to maintain the validity of the order.

  • Customs Suspensions: When a recorded trademark triggers a border detention, that detention is essentially an interim measure. Customs will suspend the release of the goods for a fixed period (between 3 and 10 days) while the rights holder decides whether to take further action. If the brand owner confirms the goods are counterfeit and files a formal complaint (criminal or civil) within that period, Customs will continue to hold the goods until the case is resolved. If no action is taken, the goods are released as a default. Thus, prompt legal follow-up is necessary to convert a customs administrative hold into a longer-term seizure through a court or prosecutor’s order.
  • Administrative Closure Orders: Economic Departments can issue immediate closure orders for stores selling fakes (especially for repeat violators). For example, Dubai Economy officials have the power to padlock shops for a specified period if they are caught multiple times trading in counterfeit goods. Such closures serve as interim punishment and a means to stop further sales while the matter is being resolved.

The UAE courts and authorities generally recognize the need for urgency in IP enforcement, provided the trademark owner can present clear evidence of infringement and a valid registration.

4.7. Criminal Enforcement and Remedies

Under UAE law, trademark counterfeiting is a criminal offense, and the revised Trademark Law of 2021 imposes significantly stricter penalties than the previous regime. Article 49 of the Federal Trademark Law (No.36/2021) provides that anyone who commits acts of trademark counterfeiting or piracy, such as forging a registered trademark, knowingly using a counterfeit mark for commercial purposes, or using another’s trademark in bad faith, is subject to imprisonment and/or a fine between AED 100,000 and AED 1,000,000. This is a significant increase from the previous minimum fines of AED 5,000. The Trademark Law of 2021 further specifies that if the offender reoffends, the penalties can be doubled, and the court may order the closure of the business for up to 6 months in addition to the other penalties.

Article 50 of the Trademark Law targets those who sell, offer for sale, or possess counterfeit goods for sale with knowledge of their counterfeit nature. Such offenses are punishable by up to 1 year imprisonment and/or fines between AED 50,000 and AED 200,000. Repeat offenders under this provision also face double penalties. These graduated penalties aim to punish large-scale counterfeit producers more severely, while still penalizing distributors and sellers of fake goods.

In addition to fines and imprisonment, the criminal courts in the UAE can order various remedial measures upon conviction, including:

  • Confiscation and destruction of the seized counterfeit goods (this is standard; courts will almost always order destruction of fakes to prevent them returning to the market). Destruction may also extend to the packaging, labels, and even the equipment or machinery used to produce the counterfeits. The court’s destruction order is often executed under official supervision, sometimes with the involvement of the brand owner to verify the items.
  • Publication of the judgment at the offender’s expense in local newspapers or the Official Gazette. This penalty is discretionary, used in cases where publicizing the outcome is deemed a further deterrent or a way to inform the public (and other counterfeiters) of the consequences. It can also serve to rehabilitate the brand’s reputation by signaling enforcement.
  • Business closure orders: Courts may order the offending establishment to be closed for a period (up to six months is provided in law), especially for egregious cases or repeat offenders. Although this remedy is provided by law, it is relatively rare in practice, but remains a possibility for serious infringements.
  • Additional sanctions: Under the Commercial Fraud Law, which often runs in parallel for cases of trafficking in fake goods, a convicted supplier might face administrative sanctions as well, such as revocation of trade licenses. The Commercial Fraud Law itself provides up to 2 years imprisonment and fines (AED 250,000 for individuals, up to AED 1 million for companies) for dealing in counterfeit or fake goods. These penalties can be used in conjunction with the Trademark Law penalties when charges are brought under both laws.

Conclusion

The UAE has developed a relatively comprehensive legal and institutional framework to address counterfeiting, with mechanisms available at the border, in physical markets, and online. While challenges remain, the UAE continues to lead the region in developing institutional tools for brand protection.

An effective anti-counterfeiting strategy in the UAE requires a multi-prong approach, combining border controls, administrative actions, and judicial proceedings. Criminal cases can disrupt large-scale operations, while civil litigation offers a path to compensation and injunctive relief. In practice, pursuing both routes in parallel is often necessary to exert meaningful pressure on infringers.

With the growing significance of digital commerce, online enforcement has become increasingly important. Brand owners are encouraged to actively monitor digital channels and initiate takedown procedures in conjunction with conventional enforcement efforts.

Although significant tools exist, the effectiveness of enforcement in the UAE depends heavily on proactive rights holder engagement and close coordination with local authorities. Continued vigilance and strategic use of available mechanisms are essential for navigating the enforcement landscape.

Notes

  • The authors would like to thank Imad El Badawi, Head of MENA Brand Protection at United Trademark & Patent Services, for his review and comments on the article.
  • This article addresses only physical-market and border enforcement mechanisms in the United Arab Emirates. Matters relating to online infringement and digital enforcement fall outside the scope of this analysis.

References

A Legal Perspective on Perfume Fragrances and Registration in GCC Countries: Can Scents Be Trademarked?

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The Unique Allure of Scents

The unique and captivating allure of scents has long been a cornerstone of the perfume industry. Beyond their aesthetic and sensory appeal, scents raise intriguing questions within the legal framework of intellectual property: Can a scent, particularly the fragrance of a perfume, be trademarked? And if so, what is the position of the Gulf Cooperation Council (GCC) countries regarding the registration of scents as trademarks?

The Concept of Non-Traditional Trademarks

Traditionally, trademarks have been associated with visual signs such as logos, words, or symbols that distinguish goods or services. However, as markets evolve, so does the scope of trademarks. Non-traditional trademarks, including sounds, colors, and even scents, have emerged as significant tools for brand differentiation.

The trademarking of scents hinges on their ability to function as a unique identifier of the source of goods or services. To qualify for trademark protection, a scent must satisfy the fundamental criteria of distinctiveness, non-functionality, and graphical representation—requirements that vary across jurisdictions.

Global Jurisprudence on Scent Trademarks

Globally, the recognition of scents as trademarks remains a complex issue. Jurisdictions such as the United States and the European Union have seen cases where scents have been successfully trademarked, albeit under stringent conditions. For example, a floral fragrance used in sewing thread was granted trademark protection in the United States, as it was demonstrated to be distinctive and not essential to the product’s function.

However, these cases are rare and often accompanied by rigorous evidentiary requirements. The challenges stem from the difficulty in demonstrating distinctiveness and providing a precise graphical or written representation of the scent, which is a core requirement under many trademark laws.

Scent Trademarks in the GCC Region

In the GCC countries, trademark laws are largely influenced by the unified GCC Trademark Law, which governs trademark registration across member states, including Saudi Arabia, the UAE, Qatar, Oman, Bahrain, and Kuwait. While the law provides for the protection of trademarks that are capable of distinguishing goods or services, its provisions primarily address traditional trademarks such as names, logos, and symbols.

The registration of non-traditional trademarks, including scents, is not explicitly addressed in the GCC Trademark Law. This absence leaves room for interpretation and potential developments. However, practical challenges remain. For a scent to be registered, it must be represented in a manner that is comprehensible and acceptable to the trademark office. The lack of clear guidelines or mechanisms for the graphical representation of scents in the GCC countries poses a significant barrier to registration.

Practical and Legal Implications

From a practical standpoint, businesses seeking to trademark a scent in the GCC region face hurdles in proving distinctiveness and in complying with representation requirements. The distinctiveness of a scent must be demonstrated through evidence that consumers associate the fragrance with the specific goods or services. Additionally, the scent must not result from the functional nature of the product—for instance, the inherent fragrance of a cleaning product would not qualify.


Legally, the absence of precedents and explicit provisions on scent trademarks in the GCC creates uncertainty. While this could discourage applications, it also presents an opportunity for businesses and legal practitioners to shape jurisprudence in this area. Successful registration of a scent trademark in the GCC would likely require innovative legal arguments and robust evidence to satisfy the criteria of distinctiveness and representation.

The Future of Scent Trademarks in the GCC

As global markets increasingly embrace non-traditional trademarks, there is potential for the GCC countries to expand their trademark frameworks to accommodate scents and other unique identifiers. Such developments would require amendments to the GCC Trademark Law and the establishment of clear guidelines for the registration of non-traditional trademarks.

For businesses in the perfume and fragrance industry, the ability to trademark scents in the GCC could offer significant competitive advantages, allowing them to secure exclusive rights to unique fragrances and enhance brand recognition. However, navigating the current legal landscape requires careful planning, expert legal advice, and a proactive approach to intellectual property strategy.

Contact Our Team ›

Conclusion

While the concept of scent trademarks presents exciting possibilities, their registration in the GCC remains a challenging and largely uncharted area. Legal practitioners and businesses must engage with both the existing legal frameworks and the evolving trends in intellectual property law to unlock the potential of scent trademarks. By doing so, they can not only protect their innovations but also contribute to the development of a more inclusive and dynamic trademark system in the GCC region.

The Role of Intellectual Property Laws in Protecting the Fashion Industry in GCC Countries

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The Growth of Fashion in the GCC

The fashion industry is a dynamic and ever-evolving sector that reflects creativity, innovation, and cultural identity. Globally, it is valued at over $2 trillion, and the Gulf Cooperation Council (GCC) countries—comprising Saudi Arabia, the United Arab Emirates, Qatar, Kuwait, Oman, and Bahrain—have emerged as a significant hub for luxury fashion, ready-to-wear apparel, and bespoke designs. Fueled by economic prosperity, strategic investments, and cultural diversification, the GCC region is witnessing unprecedented growth in the fashion industry. However, with such progress comes the critical responsibility to safeguard the industry’s lifeline: intellectual property (IP) rights.

The IP laws governing fashion are not merely legal instruments but essential tools for fostering innovation, protecting creative endeavors, and securing the economic interests of designers, fashion houses, and investors. In a region as ambitious and globally integrated as the GCC, the enforcement of IP laws becomes pivotal to maintaining the integrity of the fashion ecosystem.

The Foundations of Intellectual Property in Fashion

Fashion, unlike many other industries, relies heavily on intangible assets. The creative vision embedded in a designer’s sketches, the innovation behind fabric technologies, or the brand value associated with logos and names is what drives commercial success. These elements fall under various branches of intellectual property, including trademarks, copyrights, industrial designs, and trade secrets. Each of these legal tools plays a distinct yet complementary role in ensuring that the rights of creators and businesses are adequately protected.

For instance, a luxury fashion house like Chanel or Dior depends on its trademarks to protect its iconic logos and brand identity. Meanwhile, industrial design laws secure exclusive rights over visually aesthetic creations, such as handbags, footwear, and couture pieces. In essence, IP law becomes a safeguard against counterfeiting, piracy, and unauthorized use, all of which are major concerns in the GCC region’s fast-expanding markets.

The Legal Landscape of IP Laws in GCC Countries

GCC member states have made notable strides in developing robust intellectual property frameworks. These efforts align with international agreements such as the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) and the Berne Convention for the protection of literary and artistic works. While each GCC country maintains its own legislative nuances, there is increasing regional cooperation to harmonize IP protections.

Trademarks in the Fashion Industry

A trademark distinguishes the products of one brand from those of another. In the GCC, trademarks are regulated under the unified GCC Trademarks Law, which provides consistent standards across member states. Fashion brands benefit significantly from trademark registrations, which allow them to protect their logos, brand names, and symbols.

In the UAE, for example, a trademark registration ensures protection for 10 years, renewable indefinitely. Luxury hubs like Dubai have seen substantial growth in fashion retail, but they have also become targets for counterfeit goods. Authorities have implemented strict measures to combat trademark infringements, such as seizures of fake products and substantial penalties for violators.

In Saudi Arabia, similar emphasis has been placed on cracking down on counterfeits, particularly within its booming luxury sector. Local designers and international brands are encouraged to actively register trademarks to secure their brand value in this rapidly expanding market.

Copyright Laws Protecting Fashion Designs

Copyright law grants protection to original works of authorship, including fashion sketches, patterns, and designs. Under the Berne Convention—ratified by GCC states—copyright protection arises automatically upon the creation of an original work. However, challenges persist regarding enforcement, as fashion designs often blur the line between art and functional utility.

In jurisdictions like the UAE and Qatar, designers are encouraged to document and register their creations to strengthen their ability to enforce copyrights against infringers. For emerging designers, particularly those in culturally inspired fashion, copyright laws can serve as a crucial safeguard for unique creations.

Industrial Designs and the Visual Appeal of Fashion

Industrial design laws protect the aesthetic, non-functional elements of fashion products. These laws are particularly relevant for items like handbags, shoes, accessories, and bespoke garments. GCC countries allow for industrial design registration, typically granting protection for up to 10 years, provided the design is novel and unique.

International brands operating in the GCC—such as Louis Vuitton, Gucci, and Burberry—actively pursue industrial design protection to prevent knockoffs. Simultaneously, local designers are increasingly leveraging design rights to secure exclusivity and market differentiation.

Trade Secrets and Innovation in Fashion

Trade secrets offer another layer of protection for proprietary information, such as unique manufacturing processes, fabric formulas, and business strategies. In a competitive market like the GCC, where innovation drives success, trade secrets help fashion businesses maintain their competitive edge.

Challenges Facing IP Enforcement in the GCC Fashion Market

While the GCC has made commendable progress in IP legislation, certain challenges persist:

  • Counterfeit Markets: Despite rigorous anti-counterfeit measures, fake goods continue to infiltrate markets, particularly in e-commerce and informal retail channels. Counterfeit luxury products, such as handbags, watches, and shoes, pose significant risks to brand equity and consumer trust.
  • Lack of Awareness: Many local designers and small businesses are unaware of their IP rights or the steps needed to enforce them. As a result, creative works remain unprotected, leaving them vulnerable to exploitation.
  • Enforcement Mechanisms: The enforcement of IP laws, while improving, can still be complex, time-consuming, and costly for businesses. Cross-border infringements further complicate matters, necessitating greater regional cooperation.
  • Cultural Challenges: In certain GCC markets, there is a need to balance modern IP frameworks with traditional cultural values and practices. This tension, however, also presents opportunities for innovation rooted in cultural heritage.

Opportunities for Growth and Protection

To fully realize the potential of the GCC fashion industry, stakeholders must adopt proactive approaches to IP protection. Key strategies include:

  • Registration of IP Rights: Designers and businesses must prioritize registering trademarks, copyrights, and industrial designs across GCC markets to ensure comprehensive protection.
  • Collaborating with Authorities: Working with customs agencies and local authorities to combat counterfeit markets through seizures and penalties.
  • Leveraging Technology: Technologies like blockchain can be used to authenticate fashion products and prevent counterfeiting, while AI-driven tools can monitor online platforms for IP violations.
  • Educating Stakeholders: Awareness campaigns, workshops, and seminars can empower local designers, businesses, and consumers to respect and enforce IP rights.

Conclusion

The fashion industry in the GCC is experiencing an unprecedented renaissance, shaped by cultural evolution, technological innovation, and economic growth. As the region solidifies its position as a global hub for luxury fashion and creative excellence, intellectual property laws must remain at the forefront of this transformation.

IP protection is not merely a legal formality but a foundation upon which the fashion industry can thrive. By safeguarding creativity, innovation, and brand equity, the GCC can foster a sustainable, competitive, and globally recognized fashion ecosystem.

For IP professionals, policymakers, and stakeholders, the path ahead is clear: robust enforcement, proactive protection, and continuous education will pave the way for a brighter, more innovative future in the fashion industry. In the GCC, where heritage meets modernity, intellectual property is the bridge that ensures creativity is rewarded, businesses flourish, and the industry thrives for generations to come.

WIPO’s New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

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A new historical Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge was agreed upon at WIPO on May 24, 2024. The event is seen as a historic landmark, especially for Indigenous peoples, who see it as a great tool against the pillaging of their traditional knowledge and genetic resources.

The treaty was agreed upon by more than 190 nations. With the main aim of combating what Indigenous peoples call “biopiracy,” it makes it mandatory for patent applicants to disclose the origin of the materials used in their new inventions. Companies have been increasingly using genetic resources that are found in different forms of products, spanning from cosmetics and medicine to seeds, food supplements, and biotechnology.

The purpose of the treaty is to increase transparency on intellectual property pertaining to Indigenous traditional knowledge about resources. The treaty does not, however, address the issue of material compensation for Indigenous communities. The treaty is the culmination of more than 20 years of negotiations and work at WIPO, which described it as the first treaty to address “the interface between intellectual property, genetic resources, and traditional knowledge.”

The Indigenous Caucus group sees the treaty as a foundation for a sustainable future for all, as it recognizes the role of Indigenous peoples in the protection and survival of genetic resources by transmitting traditional knowledge from one generation to the next. While it is established that natural genetic resources are not considered protected intellectual property, it is, however, always possible to patent inventions developed using those resources. The main goal of the treaty is to combat biopiracy by ensuring that what is being patented is a genuine innovation while the countries and communities concerned agree on the usage of their genetic resources and traditional knowledge.

According to the treaty, patent applicants will have to disclose the origin of the genetic resources they used in their inventions and the Indigenous people who provided their traditional knowledge. This comes as a relief to the concerns of many developing countries, which have always been calling for further transparency regarding the origin of genetic resources. They have always been skeptical and suspicious that patents granted are circumventing the rights of Indigenous peoples.

The treaty also establishes that sanctions are to be imposed in accordance with the national laws of member countries adopting the agreement. There are already more than 30 countries that have mandated disclosure requirements in the texts of their national laws. This group of countries does not only include emerging market economies such as Brazil, China, India, and South Africa but also some Western countries, including Germany, France, and Switzerland.

It is worth mentioning that the disclosure procedure is not always mandatory. The text of the new treaty stipulates that countries “shall provide an opportunity to rectify a failure to disclose the information required… before implementing sanctions.” However, it denies such an opportunity for rectification in “cases where there has been fraudulent conduct or intent as prescribed by national law.” According to the treaty, a country is not allowed to “revoke, invalidate, or render unenforceable” a patent for the sole reason that necessary disclosure has not been made by the patent owner.

The text of the treaty comes as a finely balanced compromise between, on the one hand, the rights and legitimate concerns of Indigenous peoples and communities, and on the other hand, the advanced so-called first-world countries whose scientific and commercial entities are the most likely to come up with new inventions or patents where some of the knowledge can be based on genetic resources or traditional knowledge. The local communities wanted to preserve and protect their genetic resources and the traditional knowledge associated with those resources. The advanced countries wanted to foster innovation through the establishment of new patents.

The treaty aims to improve the patent system in terms of caliber, effectiveness, and transparency so that access conditions are implemented and respected and to ensure that the benefits derived from the utilization of genetic resources are properly shared. The new treaty guarantees the implementation of previous international agreements such as the Nagoya Protocol and the Biodiversity Agreement for Areas Beyond National Jurisdictions (BBNJ).

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Collaboration Opportunities on Social Media

Combating counterfeiters on social media platforms involves cooperation between brand owners and platform enforcement structures. This cooperation can range from simple reporting procedures to takedown mechanisms and even joint lawsuits, where both the platform and brand owners take legal action against counterfeiters.

Collaboration with influencers often involves complex negotiations around royalty rights, contractual obligations, and termination rights. Influencers frequently build their own brands in parallel with the brands they promote, which can complicate matters. In some cases, collaborating with influencers may prove too costly or burdensome, in which case brands should consider refraining from such partnerships.

Social media messaging can significantly impact brand reputation, underscoring the importance of timely and accurate responses. Brands must be proactive in addressing issues and managing their online presence to protect their reputation effectively.

The Creation of IP Public Prosecution Council: A Milestone in Saudi Arabia’s IP Protection

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The establishment of Saudi Arabia’s Intellectual Property (IP) Public Prosecution on February 14, 2024, marks a significant milestone in the kingdom’s commitment to IP protection within the framework of the National IP Strategy and represents a pivotal step toward realizing the goals of the 2030 Vision.

This bold initiative aims to instill confidence in the Saudi market, fostering creativity and innovation. Both international and local IP holders can now trust that their property is being adequately protected, with violations prosecuted as criminal offenses rather than merely civil cases.

The newly established entity will investigate and initiate criminal proceedings related to infringements of trademarks, copyrights, patents, and industrial models. Over time, as cases are prosecuted and adjudicated, Saudi Arabia’s judicial system will accumulate a wealth of court precedents, providing invaluable guidance for IP owners and law firms seeking to protect their interests.

The role of the Saudi Authority for Intellectual Property in regulating, supporting, developing, protecting, and enforcing intellectual property fields will be further strengthened through the creation of the Intellectual Property Prosecution, aligning with international best practices and standards.

Abdullah Alakeel, chairman of the Saudi Scientific Research and Innovation Association, emphasized the importance of establishing Intellectual Property Prosecution in creating an environment conducive to attracting international technologies, innovators, and inventors. He highlighted that individuals and companies alike can now rest assured that their rights in the Kingdom are secure under clear laws and regulations.

In summary, the establishment of Saudi Arabia’s Intellectual Property Prosecution represents another crucial component of a robust national IP strategy and serves as a powerful tool to attract additional foreign investment in the future.

Qatar’s Web Summit 2024: An Innovation Hive for Intellectual Property 

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The Web Summit, the world’s largest Technology and Entrepreneurship event, made its debut in Qatar from February 26 to 29, 2024, marking the first time it was held in the Middle East and Africa. Web Summit Qatar 2024 provided an exceptional opportunity for 12,000 tech entrepreneurs, investors, and enthusiasts from across the globe to converge and foster the growth and development of startups. It was another significant global event hosted by Qatar, representing a new milestone in its journey of excellence and success.

The summit’s predominant themes revolved around Artificial Intelligence (AI), E-commerce, Fintech, and Cleantech. Thousands of entrepreneurs convened in Doha intending to enrich the digital landscape. The attendees, comprising web and program application developers, CEOs, investors, tech creators, social media influencers, music composers, and art platforms, came together, solidifying Qatar’s position as a 21st-century innovation hub.

Key figures from the technology sector were in attendance, gathering the brightest minds to advance Qatar’s knowledge-based economy, stimulate investment in research, and foster strategic alliances as part of Qatar’s National Development Strategy. The event was hailed as a “celebration of Startups” by Casey Lau, head of Web Summit Asia, emphasizing the birth of ideas, new concepts, and visions culminating in actionable plans.

Moreover, startups are fundamentally built on innovative ideas nurtured with business plans and visions, striving to create something novel and distinctive, with a focus on creativity, innovation, and entrepreneurship.

The Web Summit in Doha also underscored the integral role of Intellectual Property (IP) rights in digital technology and innovation. Trademarks, patents, and copyrights were directly implicated in the challenge of enforcing these rights in the digital era alongside AI, blockchain strategies, branding protection, data privacy, and more. Panel discussions, interactive workshops, and e-commerce analyses were conducted to foster an ecosystem for innovation and entrepreneurship, aiming to “Educate, Inspire, Connect” by empowering aspiring web innovators to develop new products and services.

Startups from Qatar and around the world competed in the Web Summit Qatar pitching competition, engaging in a dynamic, onstage competition to present their ideas to a live audience of investors, tech leaders, and mentors. According to Jack Lau, the President of Qatar Science and Technology Park (QSTP), the significance of Web Summit lies in positioning Qatar as an innovative hub, with QSTP playing a pivotal role in supporting startups on their path to success, including collaborations with local universities.

In addition to discussions on emerging technologies and industries, a panel focused on branding emphasized the importance of understanding brands and the responsibility associated with owning them. Web Summit has consistently advocated for the role of women in technology, with the percentage of women attendees and startups founded by women steadily increasing.

The primary objective of Web Summit Qatar 2024 is to launch a range of initiatives to strengthen the tech and startup ecosystem. These initiatives aim to offer robust support to businesses and startups, attract new investments in the highly promising technological field, promote local technological potential, and provide young entrepreneurs and graduates with promising work opportunities. Qatar’s highly sophisticated infrastructure provides a clear competitive edge in achieving these goals.

The resounding success of the 2024 Qatar Web Summit makes the 2025 edition a highly anticipated event for tech experts and entrepreneurs alike. Aligned with the goals of Qatar National Vision 2030, the ultimate aim is to sustain and increase the number of startups by establishing more ecosystems in neighboring countries such as Saudi Arabia and the UAE, further diversifying the Qatari national economy and ensuring ongoing prosperity for Qatar and the world’s new generations.

QSTP is Located in Qatar Foundation’s Education City, where it has unparalleled access to a large number of research universities. The members of QSTP are collectively committed to investing in new technology development programs, creating intellectual property, enhancing technology management skills and developing innovative new products. QSTP is increasingly recognized as an international hub for applied research, innovation, and entrepreneurship.

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Saudi Arabia Steps Forward in Changing Industrial Designs Law

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Designs Law

Industrial designs consist of three-dimensional features, such as the shape of a product, as well as two-dimensional elements, including patterns, lines, and colors. In a legal context, an industrial design represents the ornamental or aesthetic aspect of an article. They hold a significant role in Intellectual Property due to their creative and innovative qualities, which provide a distinctive appearance to industrial products used in commerce. Therefore, comprehensive protection is imperative for industrial designs, as they are an integral component of IP rights.

As a result, by virtue of Royal Decree No. (M/45) dated 10/03/1445 AH (25 September 2023), Saudi Arabia’s Council of Ministers has approved changes to the Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs law. The amended Patent and Industrial Design Law came into effect on October 3, 2023.

These remarkable amendments have had a significant impact on the scope of Intellectual Property protection, including:

  • Defining “The Hague Agreement” and the “World Intellectual Property Organization (WIPO).”
  • Extending Design Protection to 15 years.
  • Modifying fees, requiring annual payments at the beginning of each year, except for international industrial models filed under The Hague Agreement, where fees will be paid every five years.
  • Adding the applicability of The Hague Agreement to international applications registering industrial designs.

Furthermore, Saudi Arabia has been selected to host the Diplomatic Conference related to the Design Law Treaty, which aims to unify the registration procedures for industrial designs.

During a WIPO meeting in Geneva, the CEO of the Saudi Authority for Intellectual Property (SAIP) called for the inclusion of Arabic as one of the languages used by The Hague and Madrid systems for protecting Intellectual Property Rights. It’s worth noting that the SAIP, along with Saudi National IP Offices, is committed to aligning Saudi Arabia’s Intellectual Property field with international best practices.

The newly amended Patent and Industrial Design law in Saudi Arabia is designed to enhance The Hague System for the International Registration of Industrial Designs, offering a streamlined registration process through a single international application. Saudi Arabia’s dedication to protecting and enforcing Intellectual Property Rights, aligning international standards with national IP rights protection, and fostering innovation and creativity in the country is of paramount importance.

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 WIPO, Frequently Asked Questions: Industrial Designs, https://www.wipo.int/