In the United Arab Emirates (UAE), there are specific federal laws that govern the intellectual property (IP) protection regime, such as copyright, patents, trademarks, industrial property, and trade secrets, which are effectively protected under various laws and more commonly through contractual means to limit the recipient from use or disclosure of information (such as a non-disclosure agreement) or stricter employment clauses to ensure confidentiality. These laws are supported by international treaties such as the Berne Convention for copyrights, the Madrid Protocol and Paris Convention for trademarks, and the Patent Cooperation Treaty for patents, reflecting the nation’s commitment to global IP standards.
However, significant transformation is occurring in the field of Artificial Intelligence (AI), which is fuelled by continuous innovation and its increasing role in creative processes. With the rapid advancement and proliferation of AI, it presents unique legal challenges for IP frameworks not only for the UAE but around the world, as gaps remain, especially with respect to works generated autonomously by machines using algorithms. Few of the relevant IP laws in the UAE and their relevance in the realms of AI are discussed below.
a. Copyright Protection
UAE’s Federal Decree-Law No. 38 of 2021 on Copyright and Neighbouring Rights protects original works including literary, artistic, and software creations. Computer programs and databases generally qualify for copyright if they meet originality and human-creativity requirements. In other words, it is important to mention or qualify as being an “author” of the creative works to be covered under the copyright protection laws. This creates legal uncertainty about those works which are created by AI, as the law does not explicitly address AI-generated content created without meaningful human intervention. In practice, rights usually attach to the human creator or commissioning party, not the AI system itself.
This position mirrors international practice, as most jurisdictions require human authorship for copyright protection and do not recognise AI per se as an “author”. Hence, with not much clarity on AI’s role in creative processes, legally enforceable rights for AI outputs depend heavily on documented human contributions, contracts, and internal policies. This does create uncertainty for companies seeking to commercialise AI-generated works. For instance, if a generative AI creates unique visual content with minimal human input, seeking legal protection of such works claiming copyright can create an issue if the author is not classified as being a natural person.
b. Patent Law
Patent regime in the UAE is governed by Federal Decree-Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights. It grants patents for inventions that are novel, inventive, and industrially applicable. However, the law excludes “software” per se from patentable subject matter, and there are no specific provisions for granting protection to AI inventions as autonomous inventors. Many AI platforms and applications, which are purely software-based, thus face exclusion from patent protection under current law.
However, computer-implemented inventions that solve a technical problem and have a technical effect, especially when linked to hardware, can be patented. Thus, pure algorithms or business methods are not patentable, but software creating a tangible, technical improvement is often protectable. This narration is again in line with the well-developed international patent regimes such as those followed in the US and Europe, which essentially require inventions to have a natural human inventor.
c. Trademarks and Trade Secrets
Trademarks, being the source origins, are protected as brand identifiers for certain sets of goods or services and thus can be registered for AI-related goods and services as well. While trade secrets safeguard proprietary algorithms, datasets, and system methodologies, these cannot be explicitly registered but may be legally protected with confidentiality measures. In today’s world, AI models, platforms, chatbots, and tools are offered as commercial services (e.g., AI analytics, generative AI tools, autonomous systems).
Thus, trademarks can be registered for such AI software (downloadable or SaaS), AI-powered services (data analysis, automation, healthcare diagnostics, etc.), along with model names, platform names, logos, and even distinctive interface elements. Such registrations do tend to prevent competitors from using confusingly similar names for AI tools. It builds trust and recognition in AI systems where users rely on brand credibility while protecting goodwill even when the underlying AI technology evolves.
On the other hand, trade secrets protect the substance of AI systems, especially elements that cannot be easily patented or disclosed. It specifically covers proprietary algorithms and model architectures, training datasets and data-labelling methods, model optimisation techniques and tuning parameters, decision-making logic, weights, and inference processes, system workflows and deployment strategies, etc. Such protection can last indefinitely as long as secrecy is maintained. Unlike patents or trademarks, which require registration, trade secret protection arises automatically and lasts as long as the information remains confidential. In other words, trade secret protection only applies if reasonable confidentiality measures are taken, such as NDAs with employees and collaborators, access controls and encryption, restrictive internal data governance policies, etc.
Trademarks protect what users see and trade secrets protect what competitors should not see. Together, they form a practical and enforceable protection framework for AI-driven businesses.
Practical Considerations for Innovators
Given the current legal state in the UAE for software and AI system developers, focus should be on copyright and trade secret protection for source code and algorithms. It is also important to use detailed contracts to define IP ownership, especially in collaborative or outsourced AI development.
Where possible, register trademarks and patents for related hardware and non-software innovations. For users of AI tools producing creative work, it is important to show human input to support claims of originality and authorship. It is worth recognising that autonomous AI output is not likely to automatically qualify for protection under existing UAE law, and thus, plan licensing strategies accordingly.
Overall, the legal framework governing IP protection of AI in the UAE remains a challenging area. This is mainly because, as AI-driven technologies increasingly shape commerce, healthcare, finance, and governance, traditional IP regimes, which were originally designed for human-centric inventions, are being increasingly tested and need reformation. The advancement of AI tools and algorithms globally is also exerting significant influence on national IP regimes, prompting jurisdictions such as the UAE to align their IP frameworks with global innovation trends.
The global shift towards data-driven innovation has highlighted the strategic importance of trade secrets and confidential information in AI development. By strengthening legal recognition of trade secrets and enforcing robust confidentiality measures, the UAE positions itself competitively among leading innovation hubs, mirroring international best practices adopted in well-developed international jurisdictions such as the US and the EU.
Further, the UAE’s participation in international IP treaties and its harmonisation efforts with global standards such as those administered by the World Intellectual Property Organization (WIPO) also reflect its commitment to fostering cross-border AI innovation. This harmonisation enhances legal certainty for multinational AI companies, encouraging foreign investment and facilitating technology transfer. Additionally, as AI tools evolve rapidly, global discourse increasingly emphasises adaptive and future-ready IP governance.
The UAE’s forward-looking innovation policies, including its National AI Strategy 2031, which aims to make the country a global AI leader by 2031, integrating AI across government and industry, boosting the economy, and creating a fertile ecosystem for innovation, talent, and ethical deployment, focusing on sectors like transport, health, and energy, supported by strong governance and infrastructure development, complement its IP system by recognising AI as a driver of economic diversification and sustainable growth.
This integrated approach ensures that it supports responsible AI development and commercialisation. In essence, the advancement of AI globally acts as a catalyst for the UAE to continuously refine its IP system and create a resilient legal environment capable of supporting next-generation technologies.
For further information on artificial intelligence, emerging technologies, and intellectual property protection strategies in the UAE, please feel free to contact Rajiv Suri at r.suri@alsuwaidi.ae or Harleen Kaur at h.kaur@alsuwaidi.ae