Category: News

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

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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, serving as one of the world’s biggest logistics and re-export centers. Dubai’s position as an international shipping and air transit hub makes it a key point for goods transported between East, West, and Africa. This accessibility has made the UAE, including ports like Jebel Ali, 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 (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.

UAE authorities have ramped up enforcement in recent years, resulting in increased seizures and raids. 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 operate its own court system or join the federal judiciary. IP disputes can be heard by federal or local courts, depending on the case.

Intellectual property rights are protected by federal law, but enforcement occurs at the local level. Key federal legislation includes:

  • Federal Trademarks Law (Federal Decree Law No. 36 of 2021 on Trademarks): Governs trademarks and infringement, expanding protection and increasing penalties for counterfeiting.
  • Federal Copyright Law (Federal Decree-Law No. 38 of 2021): Criminalizes unauthorized copying, distribution, or commercial exploitation, with imprisonment and fines ranging from AED 100,000 to AED 700,000.
  • Anti-Commercial Fraud Law (Federal Decree-Law No. 42 of 2023): Imposes strict penalties on suppliers of counterfeit goods, including up to 2 years’ imprisonment and fines up to AED 1 million.
  • Consumer Protection Law (Federal Law No. 15 of 2020): Prohibits misleading descriptions and unsafe or counterfeit products; fines up to AED 2 million and closure of businesses are possible.
  • GCC Unified Customs Law: Provides the basis for border enforcement, including detention of suspected counterfeit goods in transit.

The UAE is also a party to all major IP treaties strengthening its anti-counterfeiting regime.

UAE Anti-Counterfeiting Enforcement Mechanisms

4.1. Enforcement Authorities

  • Customs Departments: Inspect imports/exports at ports, airports, and free zones; can seize counterfeit shipments. Dubai Customs has a dedicated IP Rights Department handling training, recordal, and seizures.
  • Police and Criminal Investigation Departments (CID): Conduct criminal investigations, raids, and undercover operations against counterfeiters.
  • Public Prosecution: Oversees criminal cases referred by police, ensuring judicial oversight.
  • Economic Development Departments (EDDs): Carry out administrative enforcement against counterfeit goods in local markets.
  • Federal Ministry of Economy and Tourism (MoET): Leads on IP policy, administers trademark registry, and coordinates federal-local enforcement.

4.2. Border Enforcement Procedures

  • Customs Inspections: Use risk profiling, intelligence, and random checks; suspicious shipments are detained for examination.
  • Notification of Rights Holder: Customs notifies trademark owners to confirm counterfeit status and initiate legal action.
  • Seizure and Evidence Gathering: Counterfeit shipments are seized, reports prepared, and samples retained for forensic verification.
  • Follow-up Actions: Customs can destroy confirmed counterfeit goods and refer criminal cases to police or public prosecution.

4.3. Customs Recordation

The UAE allows trademark owners to record registered trademarks with local customs databases. Currently, 5 of 7 emirates (Dubai, Abu Dhabi, Sharjah, Ajman, Ras Al Khaimah) have recordation programs. Only goods-related trademarks can be recorded. Required documents include the UAE trademark certificate, power of attorney, and recordation fee.

4.4. Administrative Enforcement

Rights holders can file administrative complaints with local authorities to confiscate counterfeit goods. Enforcement officials may raid premises without court formalities. Penalties include fines, forfeiture, and potential closure for repeat offenders.

4.5. Civil Enforcement and Remedies

Trademark owners can file civil lawsuits under Article 48 of the Trademark Law to seek damages. Remedies include:

  • Permanent injunctions to stop continued infringement.
  • Monetary damages for lost profits, brand harm, or investigation costs.
  • Ancillary orders: publication of judgment, cancellation of conflicting trade names, or closure of defendant’s business.
  • Costs: losing party may pay court fees and partial legal costs.

4.6. Preliminary/Interim Measures

  • Judicial Precautionary Measures (e.g., Anton Piller orders, asset freezing, travel bans, interim injunctions)
  • Customs Suspensions to temporarily hold goods during enforcement
  • Administrative Closure Orders for stores selling counterfeits

4.7. Criminal Enforcement and Remedies

Under UAE law, counterfeiting is a criminal offense. Key penalties include:

  • Imprisonment and fines between AED 50,000 – 1,000,000 depending on the offense
  • Confiscation and destruction of counterfeit goods, including packaging and machinery
  • Publication of judgment in newspapers or Official Gazette
  • Business closure orders (up to 6 months)
  • Additional sanctions under the Commercial Fraud Law (up to 2 years imprisonment, fines up to AED 1 million)

Conclusion

The UAE has developed a comprehensive legal and institutional framework to address counterfeiting, covering border, administrative, civil, and criminal enforcement. Effective anti-counterfeiting strategies require a multi-prong approach, combining border controls, administrative actions, and judicial proceedings. Criminal cases disrupt large-scale operations, while civil litigation offers compensation and injunctive relief. Online enforcement is increasingly important, requiring active monitoring and takedown procedures.

Success in enforcement relies heavily on proactive rights holder engagement and coordination with local authorities.

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.

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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/ 

Sri Lanka and Madrid Ratification: On the Way to International Branding Protection

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Ratification

During the process of establishing a consolidated Intellectual Property (IP) Policy, Sri Lanka has managed to improve its own Intellectual Property ecosystem, working on many advancements in this matter. The objective is to improve the enforcement of existing IP rights, along with promoting innovation and economic growth.

Considered as an emerging country that detains a growing role in technology and economic markets on a regional and international level, the Sri Lankan government endeavors to promote Sri Lanka as a commercial hub in Asia. 

In this context, trademarks can play a deciding role, knowing that Sri Lanka is interested in the promotion of a trademark environment for both the internal and external market.

Sri Lanka has committed to join the Madrid Protocol, aiming to develop and enhance the profit of International Business and Exportation activities. Hence, this implicates protecting the branding of each element of the commercial activity through registering trademarks to benefit from protection against any violation of the trademark.

To increase financial gain through export activities and international trading, exporters will have to register their trademarks on a national as well as international scale. Nevertheless, registering in different countries separately can be costly and time-consuming. Therefore, the Sri Lankan government decided to accede to the Madrid Protocol.

Accession to the Madrid System depends on the government’s roadmap, the legal landscape, and the ascending needs of the market. On February 23, 2020, the Sri Lankan government decided to accede to the Madrid Protocol, with NIPO putting its last notes for the final ratification.

The Sri Lankan government passed its Intellectual Property Rights Act in 2003, the Act encompasses protection for Copyright, Patent and trademark.

The National Intellectual Property Office of Sri Lanka established under the Intellectual Property Act No. 36 of 2003.

The Madrid Protocol, or the Madrid System, is an international convention in the field of branding, especially for the international registration of marks. It is considered the only global registration system for trademarks. Trademarks being internationally registered obtain protection internationally; the trademark holders are allowed to register a trademark in several countries simultaneously with only one application, one language, and denominated in one currency.

By registering a trademark according to the Madrid Protocol, the holder of the registration obtains international protection and related exclusive rights over the use of that trademark in connection with the goods or services for which it is registered in the designated territory or region.

The Madrid Protocol, or as it is described, the International Trademark Registration Treaty, confers several benefits: it protects a mark in a large number of countries by obtaining an international registration that affects each of the contracting parties. The Madrid System is a one-stop and cost-effective way to protect trademarks in multiple markets and about 130 jurisdictions.

By protecting commercial interests abroad, the system leads to a successful global business strategy, offering simultaneous protection in the territories of its members with advantages in time and costs through:

  • Filing one international application instead of multiple national applications
  • Filing in one language
  • Paying one set of fees in one currency
  • Obtaining an international registration covering multiple territories

In the process of filing an international trademark application through WIPO’s Madrid System, a mark may be the subject of an international application only if it has already been registered with the trademark office of the Contracting Party with which the applicant has the necessary connections.

However, many IP challenges can take place in the era of globalization of markets.

The overall IP ecosystem in Sri Lanka has improved in recent years in developing IP rights protection, but the lack of an effective strategic policy, and coordination among entities involved in the implementation and execution of laws, has led to counterfeit products being freely available in Sri Lanka.

Accession to the Madrid System should be a part of a coherent export/trade strategy. It should not be done in isolation; it shouldn’t only focus on institutional and operational capacity but needs an appropriate renewal of legislation.

Having said that, the enforcement climate should be prioritized in Sri Lanka by spreading IP awareness to give the lead to the Madrid Protocol, to provide effective legal protection of registered marks, and to give access to national brands to be elevated to the international brands level in a fair competition environment and extensive market with foreign marks. Nevertheless, necessary laws have to be enabled to support the effective implementation of the Madrid Protocol, which aims to the promotion of trade and the attraction of more investments in Sri Lanka.

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Saudi Arabia and WIPO: A Collaboration towards Building a Culture of Intellectual Property in the Arab Region

Posted on by info@www.utmps.com

Collaboration 

From 1 to 3 October 2023, during the visit of WIPO’s Director-General Daren Tang to Saudi Arabia, the World Intellectual Property Organization (WIPO) signed an agreement with the CEO of the Saudi Authority for Intellectual Property (SAIP) and Umm Al-Qura University to establish WIPO’s First Joint Master’s Program in the Arab region.

The Saudi Authority for Intellectual Property (SAIP) is playing a crucial role in the realization of “Saudi Vision 2030”: it has prepared the National Intellectual Property Strategy, and recently issued a draft related to intellectual property (IP) legislation (the “Draft IP Legislation”), in order to adopt a New IP Law.

Therefore, this Agreement, being the first in the Arab region to be signed between WIPO and Saudi Arabia about the establishment of a Joint IP Master’s Program in Saudi Arabia, will be a stepping stone to strengthen the Innovation ecosystem in Saudi Arabia.  

The visit emphasized the importance of incorporating IP education programs in the curriculum studies and its implementation in the Saudi national economy.

Beyond academia, this Joint Master’s Program offers substantial economic advantages for Saudi Arabia and the Arab Region

WIPO’s Director General Daren Tang signed an agreement with the Saudi Authority for Intellectual Property (SAIP) on alternative dispute resolution in the IP domain and he looked closely at SAIP’s work operating the materialization of “Saudi Vision 2030” through achieving the National Intellectual Property Strategy in all its aspects.

Simultaneously, a trilateral agreement was signed between WIPO, SAIP, and NEOM in order to bolster collaboration in IP. NEOM, a new city in Saudi Arabia designed for innovation and progress, adds a dynamic dimension to this partnership.

Moreover, the Gulf Cooperation Council countries are having a fruitful impact on WIPO’s Global Innovation Index, in the economic scope of IP and Innovation. 

By signing this Agreement with WIPO, Saudi Arabia will step forward into a Strategy of Educational Development, led by the Intellectual Diversity of students, scholars, professors, and experts from different backgrounds, moving toward a knowledge-based economy. Consequently, the establishment of WIPO’s First Joint IP Master’s Program in the Arab region in Saudi Arabia is concretizing “Saudi Vision 2030” by putting Saudi Arabia as a global pioneer in Education and IP protection. This agreement will promote IP awareness, knowledge exchange, and the creation of a thriving Intellectual Property ecosystem in the Arab region

Further advancements in IP and increased attention to IP compliance issues in emerging areas are anticipated in the coming year. However, it’s crucial to acknowledge that unfair competition poses a threat to national, regional, and international markets, impacting social progress, trust, transaction security, and economic growth. It hinders the normal development of society and the economic progress of improving financial and commercial systems.

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In conclusion, controlling competition and enhancing consumer protection are crucial objectives. To achieve this, we need to implement strengthened measures to increase consumer protection and recognize the “interplay” between general standards of protection against unfair competition and specific laws that protect intellectual property rights.  These two areas often depend on each other. On this note, the focus on efforts to combat unfair competition in the Asia-Pacific region is necessary. 

Ultimately, establishing a healthy and competitive business environment is essential too, whereby this environment fosters fairness, ethical practices, and integrity, leading to a dynamic and vibrant economy.

Martin Senftleben, Status Report on the Protection Against Unfair Competition in WIPO Member States, p. 179, https://www.wipo.int/

The Saudi Authority for Intellectual Property aims to regulate, support, develop, sponsor, protect, enforce and upgrade the fields of Intellectual Property in Saudi Arabia in accordance with international best practices, and it is organizationally linked to the Prime Minister.
NEOM is a new urban area planned by the Kingdom of Saudi Arabia to be built in its northwestern region and that will have a wide economic impact across multiple sectors.