1. General 1.1 General Characteristics of the Legal System The UAE follows a civil law system, which is inspired by the Roman and French legal systems as well as the Egyptian civil codes of law. Although the core principles of law in the UAE are rooted in Sharia, a predominant proportion of the UAE’s legislation …
Delve into the complexities of recognizing and enforcing foreign court judgments in UAE local courts with practical insights in a write up authored by our Senior Associate, Rajiv Suri. Explore the Montevideo Convention’s principles, the ‘lotus principle,’ and the territoriality principle, uncovering the nuances of sovereignty and jurisdiction. Understand the pivotal role of bilateral agreements …
Enforcement of Foreign Court Judgments in Civil Proceedings Read More »
Check out our latest insight of LexisNexis, authored by our Senior Associate, Rajiv Suri, which elaborates on the criminal liability of Directors under UAE law. Criminal liability of directors under most of the texts of law do not necessarily apply on directors by virtue of their titles but rather on the basis of the abuse …
Join us in this podcast to explore the dynamic world of intellectual property rights scenario in the United Arab Emirates! In this podcast, our Senior Associate, Rajiv Suri, as a seasoned expert in intellectual property laws, delves deep into the nuances of safeguarding creative intellectual property rights comprising trademarks, patents, designs and copyrights within the …
As the words suggest, alternative dispute resolution (“ADR”) implies any process, system or method which helps resolve disputes between the parties without them having to resort to litigation. Some of the most used forms of ADR methods are arbitration and settlement through mediation. We are pleased to share with you that one of our Senior Associates, …
We are pleased to share with you that one of our Senior Associates, Rajiv Suri, has contributed towards updating LexisNexis Middle East publication which is titled ‘Purchasing an Insolvent Business’. It is intended to provide an overview of the key aspects of the laws and regulations governing acquiring insolvent business in United Arab Emirates (UAE). The …
We are pleased to share with you that one of our Senior Associates, Rajiv Suri, has contributed towards updating the Trademarks law for LexisNexis Middle East publication which is titled ‘Trademark Transaction and Management’. It is intended to provide an overview of the key aspects of the laws and regulations governing Trademarks in United Arab …
We are pleased to share with you Craig Cothill’s article which featured in the Legal 500 Disputes Yearbook 2023. ‘Legal 500’s ‘Disputes Yearbook 2023’ contains an important article on data flows and data privacy issues in the UAE by Mr. Craig Cothill, Senior Associate resident in Alsuwaidi & Company’s Abu Dhabi office. Cothill’s analysis will …
An interesting article written by Rajiv Suri, Senior Associate, highlighting the Importance of Trademark Registration, has been published in the Corporate Investment Times magazine. The Article appears on page/s 95-97”. It is a prestigious publication featuring contributions from industry experts from around the globe covering varied topics, such as regulatory changes and compliance issues…etc. Alsuwaidi …
One more time, Senior Associate of Alsuwaidi & Company, Mr. Rajiv Suri achieved another milestone with his article “Registration of Smell Marks”. It has been recently published in Intellectual Property Expert Guide – CorporateLiveWire – a prestigious UK based publication featuring contributions from industry experts from around the globe covering varied topics, such as regulatory …
Scent trademark registration – The new trademarks law i.e., Federal Decree-Law no. (36) of 2021 in UAE now specifically provides for registration of “smell” marks considering that the definition of “trademark” under Article (2) of the said law has been widened to include such a mark. There are very few countries in the world which …
The United Arab Emirates (UAE), which is a federation of seven Emirates i.e., Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain (UAQ), Ras Al Khaimah (RAK) and Fujairah, has promulgated laws which are progressive in content and application. These have, over the years, served ends of justice well. Towards this end, the Federal Government of …
The United Arab Emirates, over the years, has improved upon legislations and their effectiveness from the perspective of enforcement landscape involving intellectual property rights of legitimate owners. There are various forums available within the UAE which can be availed of by the rightful owners to enforce their intellectual property rights. Rajiv Suri, Senior Associate at …
Enforcing IP Rights in the United Arab Emirates’ new and improved legislative landscape Read More »
One of the foremost and important requisition of a new trademark application in UAE is the filing of the Power of Attorney. The said document essentially empowers the agent/s or the advocate/s to act for and on behalf of an applicant before the Trademark Office which falls under the auspices of the Ministry of Economy. …
One of the important aspects of intellectual property law is regulating the regime of prosecution and protection of Patents, and Industrial Designs. This encourages innovation thus leading to advancement in technology. In October 2014, His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President, Prime Minister, Minister of Defence for the United Arab Emirates and …
UAE–Regime to encourage innovation through new Patent law Read More »
The Emirate of Dubai in the United Arab Emirates (UAE) is rapidly developing into as being one of the global centers for setting up of operations and dealing in virtual assets and cryptocurrencies. There are new startups in this digital space which encourage innovation in technology and digital assets. With such interests developing comes the …
Dubai – Virtual Assets are accorded statutory recognition Read More »
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 …
FAQs on Trademark/s Oppositions-United Arab Emirates Read More »
In today’s day and age where the world is moving towards conducting trade through e-commerce and online transactions, foremost requirement for enabling such digitized transaction/s is to register subjects as users with one’s personal data. Resultantly, such personal data has become a valuable intangible asset for any commercial venture/s which has its online presence. It …
Copyright is an important branch of intellectual property which seeks to extend protection to any innovative and original works which inter alia include any literary, artistic and musical work/s. As a part of reforming its intellectual property regime, in the year 2021, the UAE Federal Government, the Ministry of Economy, had inter alia issued an …
The United Arab Emirates (UAE) federal government adopts a progressive approach towards governance and implementation of laws. It recognizes best practices in international laws and adapts them to suit local needs as these are important for growth of the economy to bring it in line with the global trade regimes. Resultantly, over the years, the …
UAE – International Trademark/s Filings through Madrid Protocol Madrid Protocol, which relates to the Madrid Agreement concerning the International Registration of Marks, (Madrid System), is regulated by the World Intellectual Property Organization (WIPO) – which is one of the agencies of the United Nations. The Protocol allows owners/holders of trademarks to file and seek protection …
International Trademark/s Filings through Madrid Protocol Read More »
UAE – Introduction of new classification law of the private establishments The Ministry of Human Resources and Emiratisation (MOHRE) of the UAE Federal Government has introduced new Cabinet Resolution No. 18 of 2022. It is concerning classification into 3 Categories i.e., Category 1, Category 2 and Category 3 of private sector establishments/Companies, which are governed …
Introduction of new classification law of the private establishments Read More »
FAQs on Trademarks under the UAE law It is important for the owners and holders of a trademark to attain statutory rights in it by having it registered with the Ministry of Economy in the UAE. There is a codified law i.e., Federal Decree-Law no. (36) of 2021 in place which is the latest revised …
With the UAE economy picking up its threads during these tough covid times, some of the prominent federal laws are also undergoing transformation through specified amendment/s decrees. One such law involves regulation of trademarks regime in UAE. In September of 2021, the Ministry of Economy in UAE published in the official gazette a new Trademarks …
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 »
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 …
Financial cybercrime since the COVID-19 Pandemic: Read More »
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 …
Dubai International Financial Centre: New Intellectual Property Regulations Read More »
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 …
Alsuwaidi & Company is one of the selected law firms in the UAE to partner with the Dubai Land Department (“DLD”) on the Real Estate Lawyer initiative. The Real Estate Lawyer initiative presents Dubai as one of the world’s most attractive investment destinations globally. The Initiative opens Dubai’s real estate industry to both local and …
Dubai Land Department Partners With Alsuwaidi & Company On Real Estate Lawyer Initiative Read More »
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 …
A Judgment by Dubai Court of Cassation to stop infringement of international trademark Read More »
The United Arab Emirates is a fascinatingly inspirational young nation that has accomplished remarkable success in a short span of 48 years. UAE is also one of the safest countries with the lowest rate of crimes in the world. In line with UAE’s vision to become one of the safest places in the world, the …
The UAE Federal Law No. (37) of 1992 on Trademarks defines “well-known” trademark as trademarks that pass borders of the origin country of the trademark to other countries. These may not be registered unless upon a request or official authorization from the original owner. To determine that a trademark is well-known, familiarity with such trademark …
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 …
Parallel Import in light of UAE Commercial Agencies Law Read More »
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 …
United Arab Emirates Reduction In Trademark Registration And Renewal Fees Read More »
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 …