The Issuance of the Cabinet Resolution No. (6) for 2022, concerning the executive regulations of federal law No. (11) for 2021, to regulate and protect Industrial Property Rights.
The Council of Ministers issued the executive regulations of the Industrial Property Law issued in 2021 to complement the legislation regulating patents in the UAE, which provides the required legislation to update and increase patent granting procedures to protect intellectual property and innovation in the State.
The new regulation complies with the latest procedures and practices in the field of industrial property rights protection.
Through the new regulation, the Emirate seeks to attract foreign investment and open the door for talent, whether local or international, in order to develop industrial activities and provide the appropriate climate to increase investment in this type of modern economy related to technology and research related to it and improve innovative projects. This will improve the UAE’s position in indicators of global competitiveness and innovation.
It is expected that the new executive regulation will increase the number of applicants to register their scientific discoveries and obtain patents for them in the UAE, which will have a strong economic impact in various economic fields, including the sectors of technology, new economies and related research and development. It will also promote the UAE’s leadership in global competitive indexes, such as the Global Innovation Index (GII), the Global Entrepreneurship Index, and Global Competitiveness Index.”
The periods required for the issuance of the results of the special examination related to patents have been reduced and the executive regulations have clarified the procedures for dissemination and sharing of knowledge related to scientific discoveries and patents for inventions to be used accordingly with the private sector companies, institutions, academic and scientific bodies and companies. Small and medium enterprises and start-ups.
The latest legal rule stipulated in international agreements related to industrial property rights has been taken into account in a way that ensures speed and flexibility in the process of examination and stages of registration of applications in a smooth and flexible way for small and medium-sized companies, start-ups, academic bodies, institutions and companies to benefit from the industrial property services provided by the Ministry of Economy more efficiently.
The new executive regulation also provides the legal basis that encourages the advancement of ideas, innovations, inventions and new scientific discoveries, through which all procedures, requirements, conditions and controls required for submitting applications and forms for obtaining industrial property protection have been codified, and all stages of the study of a right application have been codified. Industrial property from the stage of submitting the application to the registration of the industrial property right and the ensuing rights, privileges or objections.
The Executive Regulation also clarified all procedures related to patents, industrial models, utility certificates, integrated circuits and the protection of undisclosed information.
The executive regulations also included various provisions on urgent applications, the main goal is to reduce the time periods from 42 months to six months. the conversion of patent applications into a certificate of benefit applications, as well as the possibility of dividing patent applications, utility certificates and industrial designs into several applications, allowing protection at various stages of its application, the organization of Grievance Mechanisms relating to the results of applications.
The executive regulations detailed the new procedures and rights introduced by the new Industrial Property Act in various categories of industrial property rights that were not included in previous legislation, including the protection of integrated circuit planning designs, which are important in stimulating and protecting electronic innovations and inventions, thereby advancing the course of advanced technology in the State, as well as protecting undisclosed information, which will have an impact on promoting industrial and commercial research and development.
The regulation also included the identification of objective and formal examination mechanisms and documents relating to industrial property rights applications, controls on the formulation of protection claims in accordance with international requirements, the identification of technical and legal grounds in calculating the principle of priority submission for the same invention, the requirements and data of the Industrial Property Rights Register, as well as their determination of requirements and procedures for correcting and amending applications for industrial property rights, as well as clarifying various aspects of the international application under the Treaty of Cooperation on Patents under the umbrella of The World Intellectual Property Organization, the mechanisms for calculating and waiving annual fees for industrial property rights, and other related aspects.