DESIGN SUMMARY

 

Design Law

 

Patents, utility models and designs in The UAE are protected by Federal Law No. 44 for the year 1992 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings and Designs which was replaced by Federal Law No. 17 for the year 2002 and later amended by the Federal law 31 for the year 2006.

 

The Federal Law covers all the seven Emirates forming The UAE (Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain). A design granted under said law provides protection in all Emirates.

 

Design related Treaties

 

The UAE is a member of the Paris Convention (PC), of the WIPO Convention and TRIPS Agreement.

 

Multi-Designs Application

 

Multiple Designs Application is not possible. However, an application may include more than just one industrial drawing or design, provided that such drawings or designs are interrelated in terms of manufacture and uses, and that their total number does not exceed 20 drawings or designs.

 

Priorities

 

It is possible to claim priority rights under Paris Convention within six (6) months from the date of first filing of the priority application.

Design Patent Requirements

 

A design is patentable in The UAE if it meets the criteria of Novelty, Inventiveness and Industrial applicability.

 

Examination

 

Industrial designs in the UAE are subject to formal examination. No substantive examination is performed on industrial designs.

 

It is to be noted that, accelerated examination system does not exist in The UAE, and publication fees are to be paid only upon receiving an official notification from UAE patent Office confirming their formal acceptance of the application; otherwise, the application will automatically lapse and payment of restoration fees will be applicable to revive the same.

 

Opposition

 

Published applications may be opposed by any interested party within a delay of 60 days from the publication date. If no opposition is filed, a Design Certificate shall be issued indicating the registration number & date.

 

Validity

 

Protection term is 10 years from filing date (Non-Extendable).  

 

Annuities

 

Annuities must be paid within 3 months as from the relative anniversary date of filing and is payable before the granting of the Design. A grace period of three months is granted (after the expiration of said period), subject to payment of monthly penalty.

 

However, the non-payment of annuities after the expiration of the grace period would result in the lapse of the application, and payment of restoration fees will be applicable to revive the same.

 

In all cases, it shall be allowed to pay the annuities in advance for each or part of the validity period of the design.

 

 

DESIGN REQUIREMENTS

 

Application for Design or Industrial Model

 

1- Power of Attorney duly notarized & consularized up to the UAE Consulate.

2- Assignment from the Designer/s, if the applicant is not the designer (Notarized & Consularized).

3- Extract from the Commercial Register or Certificate of Incorporation (Consularized).

4- Two sets of the drawings or models from different angles, which clarify the main features of the design.

5- Copy of Priority document in English, if convention priority is claimed (Only certified).

 

- Sets under item 4 are requisite for filing.

- Documents under 1, 2, 3 & 5 can be filed within a non-extendable delay of 90 days from filing date.

 

Change of Name/Address

 

1- Power of Attorney in the new name/address of the applicant duly notarized & consularized up to the UAE Consulate.

2- Official Certificate proving the change of name/address of the applicant (Consularized). This certificate can be obtained from the local competent authority of the applicant’s domicile.

 

Assignment

 

1- Power of Attorney executed by the assignee duly notarized & consularized up to the UAE Consulate.

2- Deed of Assignment executed by both parties (Notarized & Consularized).

3- Extract from the Commercial Register or Certificate of Incorporation of the assignee (Consularized).

 

License

 

1- Power of Attorney in the name of the licensee duly notarized & consularized up to the UAE Consulate.

2- License Agreement executed by both parties (Notarized & Consularized).

3- Extract from the Commercial Register or Certificate of Incorporation of the licensee (Consularized).

 

 

(Any document in a language other than English must be accompanied by a Certified English translation).

© 2016 Associated Patent & Trademark Services

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