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UAE Trademarks law

FAQs on Trademark/s Oppositions-United Arab Emirates

Trademarks law in the United Arab Emirates has recently undergone several changes including provisions concerning opposition/s. We have formulated and provided answers to some of the relevant frequently asked questions (FAQs) which specifically deal with the opposition/s as laid down under the UAE Trademarks law. These are as follows: 1- Does the UAE trademarks law …

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Sharia’ Governance Framework for Islamic Financial Institutions in the UAE

1- The United Arab Emirates (the “UAE”) has a comprehensive Sharia’ governance framework for Islamic financial institutions issued by the Central Bank of the UAE (the “Central Bank”). The framework provides in detail for the Sharia’ governance bodies and requirements related to Islamic financial institutions and Islamic windows. Branches of foreign financial institutions that provide …

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International judicial delegation

International Judicial Delegation in Criminal Matters As the means of communications advanced among various persons and entities, transportation and travel among countries have become easier along with the conclusion of transactions of all kinds including commercial transactions and banking transfers, and other cross-border transactions that can be completed in a matter of minutes or less …

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Non-compete Clause In Federal Decree-Law No. (33) of 2021 on the Regulation of Labor Relations and its Executives Regulations and Exceptions Contained Therein

The Federal Decree-Law No. (33) of 2021 took effect on 2 February 2022 and one of the significant changes which both the employer and employee must take into consideration is the non-compete clause in the employment contract. The Federal Decree-Law No. (33) of 2021 the Regulation of Labor Relations states, in Article 10, that the …

Non-compete Clause In Federal Decree-Law No. (33) of 2021 on the Regulation of Labor Relations and its Executives Regulations and Exceptions Contained Therein Read More »

Ship arrest, maritime liens and ship mortgages in the UAE

Abdelhak Attallah, head of the Alsuwaidi & Company’s shipping practice shares his insight on maritime liens and ship arrests in the UAE. This article was published with Legal Business’s Global 100 end of year publication which can also be viewed here: https://www.legalbusiness.co.uk/co-publishing/sponsored-briefing-ship-arrest-maritime-liens-and-ship-mortgages-in-the-uae/. READ MORE

From the 02 of January 2022 a Bounced Cheque will be considered an execution deed

Federal Decree Law No. 14 of 2020 was issued to amend certain provisions of the Federal Commercial Transactions Law No. 18 of 1993 and was published in the Official Gazette in Issue 687 (Supplement) issued on September 30, 2020. This law will come into force on 02 January 2022, and a number of provisions have …

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بداية من يناير 2022 الشيك المرتجع يعد سنداً تنفيدياً

صدر المرسوم بقانون اتحادي رقم 14 لسنة 2020 بتعديل بعض أحكام قانون المعاملات التجارية الاتحادي رقم 18 لسنة 1993 وتم نشره في الجريدة الرسمية   في العدد 687 (ملحق) الصادر بتاريخ 30 سبتمبر 2020. والذي يبدأ العمل به من تاريخ 02/01/2022، وفي ضوء هذا المرسوم بقانون، فقد تم تعديل وإلغاء واضافة بعض الأحكام لقانون المعاملات التجارية …

بداية من يناير 2022 الشيك المرتجع يعد سنداً تنفيدياً Read More »

Legal Business Week interview with Mohammed Alsuwaidi, September/October 2021

Read Legal Business Week’s  interview with Managing Partner Mohammed Alsuwaidi where he talks about the role of technology in the legal profession, what sets Alsuwaidi & Company apart from other law firms in the region, and how the firm navigated the pandemic so that it provided continuous support to all its clients. You can view …

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Financial cybercrime since the COVID-19 Pandemic:

CRIMINALS HAVE BEEN BUSY: The COVID-19 pandemic dominated 2020. Cybercriminals have been busy exploiting vulnerabilities as a result of the pandemic, disrupting companies with remote working becoming a reality. We are all more exposed to cyber fraud due to the inevitable digital dependence, and this has resulted in cases of financial cybercrime being at an …

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Legal Business: How English Supreme Court judgements that affect International Arbitration are interpreted into arbitration within the GCC

We are pleased to share with you our contribution to Legal Business. Our article takes a look at the recent English Supreme Court judgements that affect International Arbitration and how this interpreted into the world of arbitration within the GCC region. The cases of Enka Insaat Ve Sanayi AS v 000Insurance Company Chubb [2020] and …

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Abu Dhabi to allow 100% foreign ownership of professional companies

Dubai International Financial Centre (DIFC) has enacted new Intellectual Property Regulations with effect from 5 July 2021 under DIFC Law No. 4 of 2019 (IP Law). The new regulations will enable DIFC to increase innovation by identifying and protecting IP rights, important to technology and start-up companies.  Moreover, these regulations allow Commissioner of Intellectual Property …

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Dubai International Financial Centre: New Intellectual Property Regulations

Dubai International Financial Centre (DIFC) has enacted new Intellectual Property Regulations with effect from 5 July 2021 under DIFC Law No. 4 of 2019 (IP Law). The new regulations will enable DIFC to increase innovation by identifying and protecting IP rights, important to technology and start-up companies.  Moreover, these regulations allow Commissioner of Intellectual Property …

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Legal 500 Disputes Year Book: How English Supreme Court judgements that affect International Arbitration are interpreted into arbitration within the GCC

We are pleased to share with you our contribution to the Legal 500’s Dispute Yearbook 2021. Our article takes a look at the recent English Supreme Court judgements that affect International Arbitration and how this interpreted into the world of arbitration within the GCC region. The cases of Enka Insaat Ve Sanayi AS v 000Insurance …

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DIFC Success in first cross-border merger

Dubai International Financial Centre (DIFC) has just announced its first successful cross-border merger under the DIFC’s Companies Law. The DIFC Companies Law allows mergers between both private and public companies established in the DIFC and companies established in jurisdictions outside of the DIFC.  This is a huge step forward that allows the DIFC to attract …

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UAE Companies Law to Allow 100% Foreign Ownership in UAE

Foreign nationals can now own 100% of companies within the onshore jurisdiction of the UAE, which previously required 51% Emirati ownership to do business outside of UAE free zones. This remarkable development is expected to further enhance the UAE’s position as the Gulf’s premier business hub and a stronger magnet for foreign capital and investment. …

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Knowing and understanding the UAE Court system: a comparison of the legal civil procedures between the DIFC and Dubai Courts’ systems

Introduction Over the past 14 years, Dubai has embraced both civil and common law legal systems within its borders. In order to understand the concepts involved I have set out below the fundamentals of each system ending with a comparative look at the two systems as they are currently in use at this time. Dubai …

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Does COVID-19 really result in a force majeure claim under FIDIC?

Now that many construction and engineering contracts have recommenced after a period of shut down or slow down due to the issues surrounding Covid-19, many Contractors and Employers are having to assess and deal with the effects on their projects including whether extensions of time and damages should be awarded to the Contractor.  In this …

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Measures taken to protect the Insurance sector in the UAE: Resolutions of the Insurance Authority further to the coronavirus pandemic

In the backdrop of a worldwide health crisis brought about by the novel coronavirus (COVID-19), the Insurance Authority in the UAE took a number of measures to limit the adverse implications of the virus on the insurance sector and to ensure continuation of insurance businesses across the UAE. On 8th March 2020, the Authority passed Circular …

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Have you filed your Economic Substance Regulation notification

Have you filed your Economic Substance Regulation notification? All Licensees in the UAE must “notify” by the 30th June deadline and certain businesses engaged in “relevant activities” must further report. PURPOSE The purpose of the Regulations is to ensure that UAE entities that undertake certain activities are not used to artificially attract profits that are …

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In the UAE, is the spread of the coronavirus considered as a force majeure in construction contracts?

The question which many in the construction industry are asking during this time, is whether the current pandemic can be deemed a force majeure event. If so, what impact does this have on construction contracts? Should parties be in agreement, is it acceptable for them to continue with an existing contract irrespective of the force …

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Business integrity in the time of pandemic: what can businesses in the UAE do to protect their people and business

Business integrity in the time of pandemic: what can businesses in the UAE do to protect their people and business? During these uniquely challenging times, businesses are poised to react to sudden changes in the market. As businesses navigate through new waters, it is best to seek guidance from the authorities and methodically deal with …

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Cyber Blackmailing

Cyber blackmailing is the threat of disclosing certain information about a person, or doing something to harm a threatened person if the threatened person does not respond to certain requests. This information is usually embarrassing or socially destructive. A common form of blackmail is threatening the victim to share private pictures or videos or expose …

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Be aware: Defaulters in UAE may be pursued in India

In a historical development of India and UAE relationship, UAE Judgment will be recognized and enforceable in India based on reciprocity as per the Notification issued by the Government of India on 17 January 2020 (“Notification”). On 17 January 2020,  Government of India published in its official gazette Notification for recognition of the UAE as …

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The enforcement of arbitral awards and foreign provisions within three days in United Arab Emirates

Article 85 of the Regulations of the Civil Procedures Law issued by Cabinet Resolution No. 57 of 2018 (“Regulation”) regarding the regulations of Federal Law No. (11) of 1992 regarding civil procedures, enumerates the procedures that the applicant shall take to enforce foreign provisions, orders and bonds within the state. In addition, Article 86 of …

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Law No. (2) of 2019 Amending Some Provisions of Law No. (21) of 2015 Concerning Judicial Fees in Dubai Courts

His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice-President and Prime Minister, in his capacity as Ruler of Dubai, has issued an amendment to Law No. 21 of 2015 regarding the new fees of the Dubai Courts. The amendment replaced the provisions of Articles (8), (14) and (35) with provisions relating to non-payment of fees, …

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Tourism Boost: The New Five-Year Multiple-Entry Tourist Visa

This month, the UAE Cabinet approved the issuance of a five-year, multiple entry tourist visa for all nationalities visiting the country. This move aims to enhance the UAE’s position as a top tourist destination and further strategically supports the Dubai Expo 2020 efforts. Holders of the five-year multiple entry tourist visa shall be allowed to …

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IP News, “POLO” vs “Car-pollo”

Japan Patent Office (JPO) decided that VW’s famous car model “Polo” is dissimilar to, and unlikely to cause confusion with, the word mark “Car-pollo” when used for car navigation. Volkswagen AG filed an opposition against registration the word mark “Car-pollo” written in standard character filed by Baidu Online Network Technology Beijing Company Limited on the grounds that …

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Dubai Court’s Leading Judgement on Piercing the Corporate Veil

Alsuwaidi & Company succeeded in obtaining final and executory judgment rendered by the Dubai Court of Appeal in favor of our Client whereby it upheld to hold the shareholder of a limited liability company jointly and severally liable for said company’s obligation. Short facts: The Client filed a commercial dispute case before the Dubai Court …

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Arbitration Judgment

“Alsuwaidi & Company has successfully represented their client in a ruling by the Federal Supreme Court on 15 January 2019 on the enforcement and recognition of an arbitral award.”. In the said ruling, the Federal Supreme Court overturned a refusal by the Khor Fakkan Court of Appeal to recognize and enforce a foreign arbitral award …

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A Judgment by Dubai Court of Cassation to stop infringement of international trademark

A Judgment issued by the Dubai Court of Cassation to stop the infringement of a well-known trademark in a case that presents a unique precedent because of the difficulty in these types of cases to ascertain the conditions and reasons for stopping the infringement of trademarks and prevent it. The case is that the claimant …

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Spotlight on Recent Developments in UAE

Long-term Residence Visas The UAE has launched long-term residence visa programs that aim to attract international talent into the UAE, such as entrepreneurs, investors, scientists and special talents. Availing these long-term residence visas can be described below: 10-year UAE residence visa According to the General Directorate of Residency and Foreigners Affairs, foreign investors may obtain …

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قانون الاعسار، الأهداف والاليات

يدخل القانون رقم 9 لسنة 2019 بشأن الاعسار حيز التنفيذ بداية من يناير 2020 وهي سنة الرهان الاقتصادي والمجتمعي على التطور والتطلع الى دولة أكثر سعادة واستقرار فما هو دور قانون الاعسار في هذ السياق؟ على خلاف القانون الاتحادي المتعلق بالإفلاس، يشمل قانون الاعسار المدنيين من غير التجار ممن حالت الصعوبات المالية دون سداد ديونهم …

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Is job offer letter legally binding on the employee and the employer?

Our latest insight from Reda Hegazy. A Job Offer Letter: It is the intention of an employer to appoint a prospective employee under the conditions and features that are outlined in a job offer. This offer is generally prepared in writing in order to prove its content easily, and it may include terms of contract and …

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Parallel Import in light of UAE Commercial Agencies Law

Parallel importation is genuine product importation from another country without the permission of the intellectual property owner. Parallel import is based on the idea of consuming the intellectual property rights. When a product is first sold on the market territory, parallel importation is authorized to all residents in that state. Some countries allow it, but …

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“London’s Competitiveness as a Shipping Cluster”

Alsuwaidi & Company’s Head of Maritime Department, Mr. Abdelhak Attallah  , participated in the discussion on “London’s Competitiveness as a Shipping Cluster” on 9 September 2019 at the 2019 edition of London International Shipping Week (LISW). At the said event, Maritime London, Department for Transport (DfT) and City of London Corporation formally launched the report …

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Dubai Judiciary’s approach to investors’ request to cancel sale and purchase agreements and compensation for delay in completion of real estate projects

The United Arab Emirates (UAE) is one of the fastest-growing countries in the field of construction and real estate development. Among the seven emirates in UAE, the Emirate of Dubai is one of the leading contributors in the speedy growth of construction and real estate development through the issuance of comprehensive real estate legislations as …

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United Arab Emirates Reduction In Trademark Registration And Renewal Fees

The United Arab Emirates officially announced changes in the official fees for services offered by the Ministry of Economy. As regards to intellectual property fees, the following reductions were made: – Trademark registration fees were reduced from AED 10,000 to AED 6,700. No changes to filing and publication fees. – Trademark renewal fees were reduced …

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Eligible Sectors for 100% Foreign Ownership in the UAE Now Defined

The United Arab Emirates Cabinet passed a landmark decision last year to allow 100% foreign ownership of companies onshore and have recently announced the industry sectors that are eligible. This marks a significant change from the prior law where foreigners must seek a local partner to set up business in the UAE, onshore and where …

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Trademarks – a Brief Guide to Protecting your Business in the UAE Relating to non-use and Licences

General rule There is a general rule in most countries worldwide that states one must use their registered Trademark, or it may be subject to a potential cancellation by a competitor. The concept is known as ‘non-use’. In the UAE, use of a trademark is not required for registration or renewal. However, a trademark is …

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Legal Due Diligence: Understanding How a Company Fares

UAE has established itself as an economic hub in the MENA Region. Investors are presented with numerous options on how to enter the UAE market. Some establish their own companies while others opt to enjoy the market reputation, existing processes, and manpower of established companies in the UAE through mergers or acquisitions. Due diligence investigation …

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The Legitimacy of Arbitration as a Means of Dispute Resolution

Islam has legitimized the arbitration method in order to simplify the process of litigation. Islamic jurisprudence has given the subject of arbitration utmost attention and organized a well-established rules and regulations. The advantages of arbitration lie in streamlining its procedures, confidentiality of its hearings, and legal basis in particular if those in charge are recognized …

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مشروعية التحكيم كوسيلة لفض المنازعات

إن الإسلام شرع وسيلة التحكيم لتسهيل عملية التقاضي واختصارها وقد أولى الفقه الإسلامي موضوع التحكيم عناية قصوى، فنظمه تنظيماً جيداً ووضع له ضوابط وقواعد. وتكمن مزايا التحكيم في قلة كلفته وتبسيط إجراءاته وسرعته، وسرية جلساته، واتساع أسسه، خصوصا إذا كان القائمون به مشهوداً لهم بالكفاءة والمهارة والاستقلالية والخبرة والاستقامة والنزاهة والحكمة ولم يخرج تعريف التحكيم …

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“Tanweer” The awaited Real Estate Investor Protection Law

The Dubai Land Department (DLD) has circulated a new investor protection law which aims to protect the rights of property investors in Dubai. A move well welcomed by the emirates industry professionals and legal experts and expected to restore confidence in Dubai real estate sector. The coming law aims to improve the clarity and fairness …

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