Intellectual Property Law and Practice of the United Arab Emirates 1st Edition by Peter Hansen ISBN 978-0199708390 0199708390
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Product details:
ISBN 10: 0199708390
ISBN 13: 978-0199708390
Author: Peter W. Hansen
Table of contents:
CHAPTER 1
Patents, Designs, and Know-How
1.1 Patents
Introduction
History of the UAE’s Patent Law
International Conventions
Government Authorities Dealing with Patents
Patent Statistics
Patent Searching
GCC Patents
What Is an Invention?
Novelty
Obviousness
Industrial Applicability
Sufficiency
Patent or Utility Certificate?
Patentable Subject Matter
Plants and Animals
Methods for the Treatment of Human Beings and Animals
Principles, Discoveries, Theories, etc.
Business Methods
Computer Programs
Inventions Contravening Public Order or Morals
National Defense
Chemical Inventions Relating to Medical Drugs and Pharmaceutical Compounds
Inventors
Employee Inventors
Contracted or Commissioned Inventors
Joint Patentees
Patent Application
One Invention Only
Divisional Applications
PCT Applications
Priority Claims
Examination of Patent Applications
Appealing Examination Decisions
Publication
Opposition
The Patent Term
Patent Annuities
Rights of the Patentee
Assignment
Licenses
The Right to License
Duration of Licenses
In Writing and Signed by the Parties
Non-Exclusivity
Geographical Limitations
The Licensee’s Right to Prevent Infringement
Recordal of Licenses
Vetting of Licenses by the Department
Mortgages
Lender Attachments
Corrections and Amendments
Improvements
Compulsory Licenses
The “Insufficient Exploitation” Basis
The “Prejudice to Prior Rights” Basis
Cancellation of a Patent or Utility Certificate
Misappropriating an Invention
Criminal Offenses and Patent Infringement
Fraud in Obtaining a Patent, etc., and Declaring False Information
Copying an Invention, etc.
Intentionally Infringing a Protected Right
Precautionary Measures
Who Can Apply for Precautionary Measures?
What Events Make Precautionary Measures Available?
Against What May the Order Be Made?
Applications for a Deed of Protection
Conditions for Granting and Maintaining
a Precautionary Attachment Order
Other Court Orders
Injunctions
The Right to Claim Damages
Defenses to Infringement
Customs
The Committee
1.2 Industrial Drawings and Designs
Introduction
Sources of the UAE’s Industrial Drawings and Designs Law
International Conventions
Government Authorities Dealing with Designs
Designs Statistics
What Is an Industrial Drawing or Design?
“Creative or New”
Use as an Industrial or Handicraft Product
Not Contravening Public Order or Morals
Creators
Employee Creators and Contractors
Ownership and the First to File Principle
Joint Owners
Filing a Design Application
Priority Claims
Examination of Design Applications
Appealing Examination Decisions
Publication
Opposition
The Term of Protection
Annuities
Rights Granted by Registration
Assignment
Licenses
Mortgages
Amending a Design Application
Divisional Applications
Compulsory Licenses
Cancellation
Precautionary Measures
Criminal Offenses in Relation to Designs
Design Infringement
Defenses to Infringement
Overlap between Author’s Rights and Designs
1.3 Know-How
What Is Know-How?
Exclusivity
What Is Protected?
Conditions for Protection
Know-How Contracts
1.4 Patent and Trademark Registration Agents
Introduction
Complaints Against Agents
Conflicts of Interest
What Is a Conflict of Interest?
What Is Not a Conflict of Interest?
How Should a Conflict Be Handled?
Systems for Conflict Checking
Money Held on Trust
Competition in the Profession
Professional Duties
Errors
Liens over Documents
Indemnity Insurance
CHAPTER 2 Trademarks
Introduction
History of the UAE’s Trademark Law
International Conventions
Government Authorities Dealing with Trademarks
UAE Trademark Statistics
What Is a Trademark?
Images
Color Marks
Sounds
Smells
Used or Intended to Be Used
To Indicate the Products of the Owner
Three-Dimensional Trademarks
Impressions (“Damghat”) and Inscriptions (“Nuquush”)
Packaging or Containers (*”Ubuwat”)
The Practice in Relation to Three-Dimensional Trademarks
Who May Register a Trademark?
Joint Ownership
Residency of the Applicant
Under the GCC TML
Filing a Trademark Application
Single Class Applications Only
The Application Form
The File
Filing the Application
Classification of Goods and Services
Convention Priority
Associated Marks
Series Marks
Marks That May Not Be Registered
Marks That Contravene Public Morals or Public Order
Official Symbols
Symbols of the Red Crescent and Red Cross
Purely Religious Symbols
Honorific Titles
Marks Owned by Forbidden Persons
Using Unregistrable Marks Is a Criminal Offense
Distinctiveness
Conflicting Similar Marks
Searching the Register
Well-Known Marks
Examination of Trademark Applications
Preliminary Technical Examination Report
Conditional Acceptance
Rejection
Advertisement and Opposition to Registration
of a Trademark
Advertisement
Opposition
Content of the Notice of Opposition and Reply
Grounds of Opposition
First Use as a Ground of Opposition
Evidence in Support of the Opposition
The Hearing of the Opposition
Confidentiality Obligations in Opposition Proceedings
Reform of the Opposition Procedures
The Opposition Decision
Appeals from Opposition Decisions
Other Kinds of Oppositions
Publication of Opposition Decisions
Registration and Renewal
Effective Date of Registration and Expiry
Registration Procedure
The Registration Certificate
Renewal
Appeals from Ministry Decisions
The Trademark Committee
Incontestability of Ownership
Cancellation for Non-Use
Onus of Proof
Used for Five Consecutive Years
Use by a Licensee
Reasons for Non-Use
Cancellation of Trademark Registrations
Cancellation by the Owner
Cancellation by the Ministry
Court-Ordered Cancellation
Cancellation Ordered by the Israeli Boycott Office
Publication of Cancellation
Re-Registration of Cancelled Marks
Reasons for Cancellation Arising after Registration
Power to Amend the Register
Assignments and Mortgages
Freedom to Assign, Mortgage, and Attach
Sales of Business
Unregistered Trademarks
Necessity of Recordal
Procedures for Recordal
Agreements to Assign
Licensing Trademarks
The Requirement for Writing and Legalization
Registered Marks Only
The Term of Licenses
Unjustified Restrictions in Licenses
Permitted Terms in Trademark Licenses
Exclusive or Non-Exclusive?
Trademark Licenses Must Be Recorded
Cancellation of License Recordals
Agency Laws
Monitoring Marks
Criminal Action Against Infringement
Article 37.1 Offenses
1. Counterfeiting a Registered Trademark
2. Imitating a Registered Trademark
3. Using a Counterfeited or Imitated Trademark
Article 37.2 Offenses
4. Putting Another’s Registered Trademark on Products
5. Using Another’s Registered Trademark Without a Right
Article 37.3 Offenses
6. Selling or Offering for Sale or Circulation Products Bearing a Counterfeited or Imitated Trademark or Another Person’s Mark
7. Possessing, with the Intention of Sale, Products
Bearing a Counterfeited or Imitated Trademark
or Another Person’s Mark
8. Providing or Offering to Provide Services under a Counterfeited or Imitated Trademark
9. Using a Trademark Without a Right Knowingly
The GCC TML Offenses
The Law for the Prevention of Fraud and Deception
in Commercial Dealings
Enforcement with the Dubai Police
Criminal Enforcement in Other Emirates
Administrative Enforcement
Dubai Department of Economic Development
Enforcement in the Emirate of Sharjah
Civil Actions Concerning Trademarks
Trademark Infringement?
Availability of Injunctions
What the Court May Order
1. Confiscation Orders
2. Destruction Orders
3. Publication Orders
Precautionary Measures
Other Considerations
Customs
International Obligations
GCC Customs Law
Free Zones and Duty-Free Shops
Transiting Goods
Many Authorities
Dubai Customs Intellectual Property Rights (IPR) Unit
Sharjah Customs
Dubai Customs Statistics
UAE as the Provenance of Counterfeits
Dragon Mart
Trademark Agents
CHAPTER 3 Author’s Rights and Neighbouring Rights
Introduction
History of the UAE’s Author’s Rights Law
International Conventions
Government Authorities Dealing with Author’s Rights
Authors
Natural and Legal Persons
“Named” Authors
Anonymous and Pseudonymous Authors
Intestate Authors
Joint Authors
Authors of Collective Works
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Tags: Peter Hansen, Intellectual Property, Law and Practice, Arab Emirates