DIFC
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Frequently Asked Questions
 

Q1: Who is responsible for administering the Intellectual Property Law?

The Commissioner of Intellectual Property is responsible for administering and enforcing the Intellectual Property Law.

Q2: What are the intellectual property rights covered under 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.

Q3: Am I required to register my intellectual property rights in DIFC?

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.

Q4: What can I do to stop infringement of my intellectual property right in DIFC?

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.

Q5: If I am based outside DIFC, am I entitled to enforce my rights in DIFC?

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.

Q6: What are the remedies available for infringement of intellectual property rights in DIFC?

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.

Q7: How can I file a complaint for infringement of my intellectual property rights in DIFC?

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 

Q8: Are there any fees for filing complaint with the Commissioner of Intellectual Property?

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.

Q9: What will happen after filing a complaint with the Commissioner of Intellectual Property?

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.

Q10: Would infringing goods found in DIFC be seized and destructed?

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.

Q11: Am I entitled to compensation for infringement of my intellectual property right?

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.

Q12: Can I seek injunctions in DIFC to stop infringement of my intellectual property right?

Yes, injunctive relieves are available in DIFC, and you may seek such relieves through the Court.

Q13: How much are the fees to file a complaint, apply as an expert, or record an expert with the commissioner?

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.

Q14: How can I pay for the fees?

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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