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Beyond the Sky – a meet and greet with Her Highness Sheikha Mozah bint Marwan Al Maktoum
28 Feb 2023
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Dubai International Financial Centre (DIFC) is one of the world’s most advanced financial centres, and the leading financial hub for the Middle East, Africa and South Asia (MEASA), which comprises 72 countries with an approximate population of 3 billion and a nominal GDP of US$ 8 trillion.
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The Commissioner of Intellectual Property is responsible for administering and enforcing the Intellectual Property Law.
The Intellectual Property Law regulates a number of rights which are: Patents, Utility Certificates, Industrial Designs and Drawings, Copyright, Trademarks, Trade Names and Trade Secrets.
No. there is no registry for any intellectual property rights in DIFC. You have to register your intellectual property rights with the UAE relevant federal authorities, where applicable. Any intellectual property right registration with the UAE Federal authorities is recognized and enforceable under the Intellectual Property Law.
Pursuant to the Intellectual Property Law and Regulations, it is possible to file a complaint with the Commissioner of Intellectual Property. The Commissioner of Intellectual Property may issue a direction requesting the infringer to stop the infringement and may issue fines. In addition, a case can be filed with the Court, and injunctive relieves can be sought to stop the infringement.
Yes. Any person whether in DIFC or outside DIFC may enforce his/her intellectual property rights in the DIFC, in the event the infringement occurs within DIFC jurisdiction or by a DIFC registered entity.
Part 7 of the Intellectual Property Law provides the remedies available; which include stopping the infringement, confiscation and destruction of the infringing goods and material, suspension or revocation of DIFC License, fines and compensation.
A complaint can be filed with the Commissioner of Intellectual Property. The complaint shall be accompanied with documents and evidences related to the intellectual property right subject to the complaint as well as the infringement. For more information, please click here
There are fees for filing a complaint with the Commissioner of Intellectual Property in accordance with Appendix 1 of the Intellectual Property Regulations. Additional cost may be incurred throughout the complaint process such as expert fees, storage fees and others. The Complainant has to submit an undertaking to cover all expenses incurred throughout the complaint procedures.
The procedures of complaints with the Commissioner of Intellectual Property are detailed in Regulation (2) of the Intellectual Property Regulations. Once the complaint is filed, the Commissioner of Intellectual Property will consider the complaint and may request additional documents from the Complainant. The Commissioner of Intellectual Property may notify the Respondent for his/her response. Afterwards, the Commissioner of Intellectual Property will conduct all necessary investigations, including inspection of the Respondent premises, if required. The Commissioner of Intellectual Property will then issue a direction in accordance with Article 66 of the Intellectual Property Law.
Yes. Infringing goods and materials used in the infringement might be seized as part of the procedures of the complaint with the Commissioner of Intellectual Property, who may then issue a direction to confiscate and destruct these goods and materials.
Yes. You may seek compensation for damages occurred due to infringement of intellectual property right, by filing a case to the Court. In assessing the damages for infringement, the Court may take into consideration the loss, including future loss that is established with a reasonable degree of certainty; the value of the subject intellectual property right infringed and the loss of an opportunity in proportion to the probability of its occurrence.
Yes, injunctive relieves are available in DIFC, and you may seek such relieves through the Court.
The fees to file a complaint, apply as an expert or record an expert with the commissioner are detailed in the Intellectual Property Regulations Appendix 1.
Fees can be paid at DIFC Services located at Gate District 4 from 8:00am to 3:00pm, Monday to Friday.
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