UAE Enacts New Federal Law to Modernise Industrial Property Rights Framework
The United Arab Emirates has introduced Federal Law No. 11 of 2021, a significant legislative update aimed at regulating and safeguarding industrial property rights across the nation. This new law, published in Official Gazette No. 703 on May 31, 2021, repeals the previous Patent Law, Law No. 17 of 2002, and is set to enhance the country’s intellectual property landscape. Executive Regulations detailing the implementation of the law are anticipated in November 2021.
The comprehensive legislation encompasses various aspects of intellectual property, including patents, industrial designs, integrated designs, concealed knowledge, and utility certificates. This move aligns the UAE’s industrial property framework more closely with international best practices and standards.
Key Legislative Enhancements
The new Federal Law introduces several notable changes designed to streamline processes and bolster protection for innovators. Among the most significant amendments is the provision for a 12-month grace period for invention disclosures prior to filing, a feature common in many advanced patent systems globally. Furthermore, the law allows for an expedited review mechanism for “urgent applications,” indicating a commitment to efficiency in the patent registration process.
Grace Period for Public Disclosure
Article 5(4) of the new law specifies that public disclosures made by an inventor within 12 months before the patent application filing date will not compromise the invention’s novelty. This “grace period” is crucial for inventors, as it grants them a window to disclose their inventions publicly without forfeiting their right to patent protection, a common hurdle in jurisdictions requiring absolute novelty.
Refined Patentability Criteria and Filing Procedures
The law provides a clearer definition of what constitutes an “inventive step” for patent eligibility. An innovation is now deemed to involve an inventive step if it is not obvious or apparent to a person skilled in the art, aligning with global patent registration requirements.
Article 11 outlines updated filing requirements, permitting applications to be submitted in either English or Arabic, with provisions for late submission of translations if necessary. A 90-day period is granted for applicants to address missing document requirements following official notification. The law also permits adjustments to be made to an application after filing, provided these changes remain within the scope of the original submission.
Expedited Review and Publication Mechanisms
Under Article 14, applicants can now request an expedited review for “urgent patent applications.” This facility could potentially pave the way for the UAE to participate in initiatives such as the Patent Prosecution Highway (PPH), which facilitates faster examination by leveraging work products from other patent offices.
Regarding publication, Article 13 stipulates that the Ministry will announce the approval of a patent grant in the Official Gazette once the invention meets patentability standards, as guided by the Executive Regulations. Clarity on whether pending applications will be publicly disclosed prior to grant is expected with the release of these regulations.
Divisional Applications and Infringement Exemptions
Article 16 introduces the ability for applicants to submit one or more divisional applications if an initial application encompasses multiple innovations. These divisional applications will retain the filing date of the original application, with specific requirements to be detailed in the Executive Regulations.
Furthermore, Article 22 expands the exceptions to patent infringement. Beyond the existing exemptions for non-commercial educational or research purposes and transitory entry of patented products into the state, a new exception has been added: the use of a patent in a “combination of two or more medications for the purpose of medical treatment by a licensed pharmacist.”
Strengthened Enforcement and Compulsory Licensing
The new law also broadens the scope for compulsory licenses, extending their application to situations involving ‘crisis or disaster,’ in addition to existing grounds such as emergency, grave public necessity, and non-commercial uses.
Penalties for infringement have been significantly increased. Under the previous law, fines ranged from AED 5,000 to AED 100,000. The new law imposes fines between AED 100,000 and AED 1,000,000, coupled with the possibility of imprisonment, underscoring a stricter approach to intellectual property rights enforcement.
The enactment of Federal Law No. 11 of 2021 is poised to significantly enhance the UAE’s industrial property rights framework, offering more robust protection and aligning with global standards. Businesses and innovators operating within the UAE are encouraged to stay informed of the upcoming Executive Regulations for full clarity on the law’s practical implementation.