Federal Law No. 44 of 1992-Patents

7/31/2019 Federal Law No. 44 of 1992-Patents

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Federal Law No. 44 of 1992

Concerning the Organization and Protection of the IndustrialProperty of Industrial Patents, Drawings and Models


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Federal Law No. 44 of 1992

Concerning the Organization and Protection of the IndustrialProperty of Industrial Patents, Drawings and Models

We Zayed Bin Sultan Al Nahyan, President of the United Arab Emirates;

After perusal of the provisional Constitution; and

Federal Law No. (1) of 1972 concerning the jurisdictions of ministries and powers of

ministers as amended; and

Federal Law No. (5) of 1976 concerning the Federation of Chambers of Commerce and

Industry; and

Federal Law No. (1) of 1979 regulating the industry affairs; and

Federal Law (4) of 1979 concerning the suppression of fraud and deceit in commercial

transactions; and

Federal Law No. (8) of 1984 concerning Commercial Companies as amended; and

Pursuant to the proposal of the Minister of Finance and Industry and the approval of the

Cabinet and the ratification of the Federal Supreme Council,

Promulgated the following Law :

Chapter I

Definitions and General Provisions

For the implementation of the provisions of this Law, the following words and expressions

shall have the meanings set opposite thereto, unless otherwise specified by the context :-

Article (1)

Minister : Minister of Finance and Industry .

Department : Department of Industrial Property at the Ministry of

Finance and Industry and its branches in UAE .


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Committee : Complaints Committee pertaining to the Department of

Industrial Property.

Competent Court : Civil Court of First Instance.

Protection Deed : The document proving the industrial property

registration of the patent, or the beneficial use

certificate or the industrial drawing or model.

Patent : The Protection Deed given to the invention by the

Department of Industrial Property in the State's name .

Practical Know how : The information, data or knowledge resulting from the

experience acquired from a vocation of a technical

nature and practically applicable.

Industrial Model : Any configuration of lines or colours or any embossed

form linked to such lines and colours or not, provided it

gives a particular appearance and may be used as a

model for an industrial or craft product.

Mark of Origin : The expression or symbol used to show the product

origin whether it is a country , a group of countries, a

state or a territory.

The provisions of this Law shall be without prejudice to the stipulations of the international

agreements and treaties to which UAE is a party, and which regulate the rights of citizens

of the countries that are parties to such agreements and treaties and the rights of persons

who are treated as such.

Article (2)


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A foreigner not included by the provision of the previous para, shall enjoy the same rights

as a citizen under this law if he holds the nationality of a state that treats UAE on areciprocity basis.

The executive regulations of this law shall determine the temporary protection provisions

for industrial inventions, drawings and models with regard to the products displayed at

exhibitions inside the State, subject to the provisions of the agreements and treaties or

the reciprocity clause.

Article (3)

Chapter II

Section 1

Inventions

Patent and Beneficial Use Certificate

A patent shall be granted to any new invention resulting from an original idea or original

improvement of an invention protected by a patent, both based on scientific foundations

and industrially exploitable whether concerning new industrial products, newly introduced

industrial methods or techniques or a new application of known industrial methods or

techniques.

Article (4)

An invention shall be considered industrially applicable if it can be applied or used in any

type of industry in its broad sense including agriculture, fishing, handicrafts and services.

A beneficial use certificate shall be granted to industrially applicable new inventions, but

which are not the result of a sufficient original activity warranting the granting of a patent

therefor.

Article (5)


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No patent or beneficial use certificate shall be granted to the following :

Article (6)

1- Plant or animal research or biological methods for plant or animal production with the

exception of microbiological methods and products thereof.

2- Chemical inventions related to food, drugs or pharmaceutical compositions unless

such products are manufactured by special chemical methods, in which case the

protection shall not be granted to the products themselves but to their manufacturing

method.

3- Scientific principles and discoveries.

4- Inventions related to national defence.

5- Inventions whose publication or exploitation results in a breach of the public order or

morals.

1- Without prejudice to the provisions of Art. (9) hereof, the right to an invention shall be

to the inventor or his legal successor .

Article (7)

2- If two or more persons participate in an invention, the right to such invention shall be

for them or their legal successors in common. Any person whose efforts are restricted

to assisting in carrying out an invention without taking part in any innovative step, shall

neither be considered an inventor neither in the rank of an inventor.

3- Without prejudice to the provisions of Art. (8) and (9) hereof, any person who deposits

first an application for a patent or a beneficial use certificate or any person who claims

first priority on the same invention, shall be considered an inventor or an inventor's

successor.


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4- Any interested person may complain and object to the decision accepting or refusing

the application according to the provisions of this Law and its executive regulations.

If the substantial elements of an invention have been obtained from another person's

invention without his approval thereon or on the deposit of the protection application, the

person who has been injured as a result of this infringement (piracy) may request that the

application or the patent or beneficial use certificate be transferred to him, in case it had

been granted to the violator.

Article (8)

1- If an invention performed through the implementation of a contracting or employment

contract, the right to such invention shall be to the employer unless otherwise

stipulated by the agreement.

Article (9)

2- If an invention has an economic value beyond the parties' imagination on signing the

contract, the inventor shall be entitled to an extra compensation to be determined by

the Court if the parties fail to agree on a specific amount.

3- If an employee whose employment contract does not stipulate that he shall carry out

an innovative activity, makes an invention related to the employer's field of activity,

using thereby the latter's expertise, documents, tools or raw materials made available

to him through the work, the right to such invention shall be to the employee - inventor

4 months after submitting the report stated in para (4) of this Article to the employer

about the invention, or as from any date on which the employer came to know byanother way of the invention being made without showing any readiness to own it by

a written declaration.

4- The employee - inventor must immediately notify the employer of his invention by a

written report.


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5- If the employer shows his readiness to own the invention during the period indicatedin para (3) hereinabove, the right to such invention shall be his from the moment the

invention is realized. The employee - inventor shall be entitled to a fair compensation

taking into consideration his salary, the economic value of the invention and any

benefit resulting therefrom to the employer. Should the parties fail to agree on a

compensation, it shall be determined by the Court.

6- Any agreement giving the employee less benefit than what is stipulated by the proof

this Article shall be null and void.

The inventor's name shall be stated in the patent or the beneficial use certificate, unless

such inventor declares in writing his intention that his name be not mentioned. The

application for the invention's registration as well as the data shall be submitted according

to the stipulations of the executive regulations hereof.

Article (10)

A registration application may include the wish to grant priority to the registration of a

previous application submitted earlier in another state which is a party to an agreement or

treaty with UAE. In such case, the application must indicate the date and entry number of

the previous application and the name of the State where it was submitted as provided for

by the executive regulations of this Law .

Article (11)

The Department shall examine the registration applications pursuant to the provisions ofthe Law and its executive regulations and may request anything it deems necessary to

grant the patent or beneficial use certificate.

Article (12)

In case the registration is rejected, the Department must notify the applicant thereof and

he may file a complaint to the Committee within 60 days from the date of notification.


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Patents and beneficial use certificates shall be granted by a decision from the Ministerand shall be published in the Official Gazette. Any interested person may complain to the

Committee within 60 days from the date of publication.

Article (13)

The patent or beneficial use certificate shall be delivered to the person entitled thereto, if

no complaint connected thereto is filed during the period specified in the above para, and

after being entered in the special register. The patent or certificate shall bear the number

of entry, the date of issue, the payment of the entry or renewal fee and any other data as

provided for in the executive regulations hereof.

The patent's term is fifteen (15) years and the term of the beneficial use certificate is ten

(10) years commencing both as from the date of filing the registration application and may

be renewed once not to exceed 5 years as regards the patent. The renewal application

shall be filed during the last 3 months of the original period. Such renewal shall be

conditional upon the inventor's bringing evidence that the invention has a special

importance and that he has not obtained therefrom a benefit commensurate with his

efforts and activity.

Article (14)

Patents granted according to the provisions of para (2), Art. (6) hereof shall be for a

period of ten (10) years and not renewable.

The executive regulations shall fix the registration and renewal fees and a yearly

progressive fee to be paid from the year following the deposit of the registrationapplication. Such yearly fee shall be paid during the last 3 months of each year, otherwise

the patent or certificate shall become invalid. The fee may be accepted if paid during 30

days from the expiry of the previous period against an extra fee determined by the

executive regulation. In all events, the annual fees may be paid in advance for all or part

of the patent's or certificate's term.


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A patent or beneficial use certificate shall entitle its owner to prevent others from carrying

out the following :

Article (15)

1- To manufacture, import, offer for sale, sell and use the product or keep it for the

purpose of offering it for sale or using it when a patent or beneficial use certificate is

given for a product.

2- To use the method and carry on any of the activities referred to in para (1) hereabove

with regard to a product obtained directly by the method when a patent or beneficial

use certificate is given for a method.

1- The scope of protection granted by a patent or a beneficial use certificate shall be

indicated in the registration application.

Article (16)

2- The description and engineering drawings shall be used in explaining the content of

the registration application.

The rights granted by a patent or beneficial use certificate shall be restricted to the works

undertaken for industrial or commercial purposes. Such rights shall not extend to the

works concerning a product protected by such right once it is sold in UAE. Yet, if a patent

or a beneficial use certificate is also related to a special use of the product, its ownershall have the right to keep such use.

Article (17)

If a bona fide person manufactures a product, uses a method subject matter of an

invention or takes serious arrangements for such manufacture or use in UAE on the date

Article (18)


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the protection application is deposited by another person or on the date of the priority

rightfully claimed as regards such application, the former, in spite of granting the patent orbeneficial use certificate, shall have the right to go on undertaking such activities and the

other activities referred to in Art. (15) hereinabove with regard to the products resulting

therefrom. Such right is personal and may not be transferred, except along with the

establishment benefiting therefrom.

1- A patent or a beneficial use certificate or the application therefor may be transferred

to third parties before same are granted .

Article (19)

2- An assignment of a patent, beneficial use certificate or application thereof shall be

effected in writing and signed by the contracting parties before the officer in charge at

the Department or their signatures attested by notary public.

3- An assignment of a patent or a beneficial use certificate shall be entered in the

register prepared for this purpose against a fee to be fixed by the Executive

Regulations.

4- Such assignment shall not be opposable towards third parties except after entry in the

patents or beneficial use certificates registers and publication thereof in the Official

Gazette .

Joint owners of a patent or a beneficial use certificate may individually assign to thirdparties their share in the invention protected by a patent or a beneficial use certificate,

exploit such invention and exercise the rights granted by Art. (15) hereinabove, unless

otherwise agreed. However, they may not grant an authorization to third parties to exploit

the invention except jointly .

Article (20)


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A patent may be pledged as security for paying a debt either separately or withcommercial premises . Such pledge shall be entered in the patents register and published

in the Official Gazette.

Article (21)

Creditors may attach patents or beneficial use certificates owned by their debtors

according to the procedures applicable to seizure of movables or procedures applicable

to garnishments as the case may be. The Department shall exempt the garnishee from

declaring the debt owed by to the debtor.

Article (22)

The creditor shall notify the seizure and the award of the auctioneer to the Department, in

order to have them entered in the special register. Such seizure and auctioneer's award

shall be published in the Official Gazette and the prescribed fees shall be collected as

stipulated by the executive regulations. The seizure and auctioneer's award shall have no

effect concerning third parties except from the date of publication.

Compulsory Licences and Expropriation of the

Section II

Invention Property

1- Any interested person, at any time after the expiry of 4 years from the date of

depositing a patent application or 3 years from the date of granting it as well as at anytime after the expiry of 3 years from the date of depositing the beneficial use

certificate application or 2 years from the date of granting it, may, pursuant to the

procedures indicated in Art. (29) hereinbelow, obtain a compulsory licence for one or

more of the following reasons :

Article (23)


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a- The invention protected by a patent or beneficial use certificate which may be

exploited in UAE, is not exploited as per the provisions of para (3) of this Article.

b- The exploitation of the invention protected by a patent or beneficial use certificate in

UAE does not meet the demand for the product under reasonable conditions.

c- The exploitation of the invention protected by a patent or beneficial use certificate in

UAE has been discontinued by the investor during two consecutive years.

d- The refusal of the patent's or beneficial use certificate's owner to licence it

contractually with fair conditions has led to a basic breach of the setting up or

developing the industrial or commercial activities in UAE.

2- In all the above cases, a compulsory licence shall not be given if the patentee or the

owner of the beneficial use certificate justifies his attitude on basis of legitimate

reasons. The import of a product shall not constitute a legitimate reason.

3- For the purposes of this Article, the exploitation of an invention protected by a patent

or beneficial use certificate shall mean the manufacture of a protected product, the

use of a protected method or the use of a device protected in the manufacture by an

establishment actually existing and active in UAE.

1- An authorized compulsory licence shall grant the licence holder the right to carry on

part or all of the activities referred to in Art. (15) hereinabove as per the licensingconditions with the exception of the right to import the product.

Article (24)

2- A licence holder shall be entitled to use the civil and penal rights of the patentee or

the holder of a beneficial use certificate in order to protect and exploit the invention if

either omits to do so in spite of being informed or being aware of any illegal act.


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1- Should it be impossible to exploit an invention protected by a patent or beneficial use

certificate in UAE without violating rights derived from a patent or beneficial use

certificate granted upon a previous application, the patentee or the owner of the latter

beneficial use certificate may be granted a compulsory licence at his request as per

the conditions stated in Art. (28) hereinbelow, to the extent necessary to exploit his

invention if it serves industrial purposes different from those of the invention subject

matter of the former patent or beneficial use certificate or constitutes a noticeable

technical advance in comparison therewith.

Article (25)

2- If both inventions serve the same industrial purpose, the compulsory licence shall be

given to the latter patentee or owner of the beneficial use certificate with preserving

their right of to obtain a licence for the following patent or beneficial use certificate, if

he so request.

3- Yet, both parties may agree between themselves in writing and notify the Department

of their agreement to enter it in the special register.

A compulsory licence for the exploitation of an invention may only be granted after the

licence applicant brings evidence that the invention owner has been notified thereof by

registered letter and that he failed to reach an agreement within a reasonable time and

with fair conditions.

Article (26)

A compulsory licence shall only be granted to the applicant who provides the necessary

guarantees for an exploitation of the invention in a sufficient manner so as to remedy to

the shortage aspects or to meet the needs which have led to applying for obtaining the

compulsory licence.

Article (27)


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1- A compulsory licence may not be unconditional.Article (28)

2- Compulsory licence conditions may include obligations and restrictions on each of the

licensor or the licensee by a compulsory licence.

A compulsory licence application shall be filed to the Competent Court in the form of an

action in which the patentee or the beneficial use certificate's holder shall litigate and

which shall be notified to the Department to dispatch its representative. The Court may

give both parties a respite fixed by it to agree between themselves which respite may be

extended if deemed justifiable by the Court.

Article (29)

In case such respite expires, the Court shall look into the application by refusing to grant

the compulsory licence or by granting it with determining its conditions and scope and

fixing the compensation for the patentee or the beneficial use certificate's holder pursuant

to Art. (23) hereinabove. The judgment shall be notified to the other party and to the

Department to enter it in the special register, and it shall be published in the Official

Gazette after paying the prescribed fee. Such judgment shall have no effect with regard

to third parties except from the date of publication.

1- A compulsory licence may only be transferred with the licensee's establishment or

with that part of his establishment which exploits the invention. Such transfer shall be

effected with the approval of the authority that granted the compulsory licenceotherwise it shall be null and void. The provisions of Art. (29) and (32) hereof shall

apply to the transfer.

Article (30)

2- He who has been granted a compulsory licence may not in his turn give sub-licences.


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1- The authority which has granted a compulsory licence may modify its conditions atthe request of the patentee or the holder of the beneficial use certificate or the holder

of a compulsory licence, if this is warranted by new facts and particularly if a patentee

or a beneficial use certificate's owner has been granted a contractual licence with

better conditions than those of the compulsory licence.

Article (31)

2- The authority which has granted a compulsory licence, may decide to cancel it at the

request of the patentee or the beneficial use certificate's owner if the licensing

conditions are not followed by the licensee or if the reasons having warranted its

giving no longer exist in which case the licensee shall be given a reasonable respite

to stop exploiting the invention if the immediate stoppage causes him heavy damage.

3- The provisions of Art. (36) and (37) of this Law shall apply to the modification and

cancellation of compulsory licenses.

Compulsory licences and anything issued in their respect shall be entered in the special

register and published in the Official Gazette after paying the prescribed fees as specified

by the executive regulations of this Law.

Article (32)

By a decision of the Minister, an invention may be expropriated or a compulsory licence

issued for its exploitation without observing the dates provided for in Art. (23) hereinabove

if such invention is important for the public interest, the national defence or economy. Thismay include all or part of the rights attached to the invention without prejudice to the right

of a patentee or a beneficial use certificate's holder to the compensation estimated by the

Committee .

Article (33)

Prior to issuing such decision, the patentee or the beneficial use certificate's holder shall


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be notified to express his point of view in this respect. The expropriation or compulsory

licence decision shall be entered in the register and published in the Official Gazette.

The decision of expropriation, compulsory licence or compensation estimation may be

challenged before the competent Court within 60 days from the date of notifying the

patentee or the holder of a beneficial use certificate .

Relinquishment of Patents, Beneficial Use Certificates

Section III

or Licences and Cases of Cancellation Thereof

A patentee, or the holder of a beneficial use certificate or the owner of a compulsory

licence may relinquish same by a notification in writing to the Department and to any

person having right in any of them.

Article (34)

A relinquishment may be restricted to one or more rights granted by the patent, the

beneficial use certificate or the compulsory licence without detriment to third parties' rights

unless relinquished in writing.

Such relinquishment shall be entered in the special register and shall only become

effective from the date published in the Official Gazette .

Any interested person may have recourse to the Competent Court to request the

cancellation of a patent, beneficial use certificate or compulsory licence.

Article (35)

The patentee, the owner of a beneficial use certificate or the licensee, the Department

and any person having a right in any of them must be notified in the following cases :


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1- If a patent, certificate or licence is granted without meeting the conditions provided forin this Law or its executive regulations.

2- If a patent, certificate or licence is granted without due consideration to the priority of

the previous appursuant to Art. (11) hereinabove.

An application for cancellation may be restricted to a part of a patent, certificate or licence

in which case the judgment rendered shall be considered as a limitation to the rights

granted thereby.

Subject to the provisions of Art. (31) hereinabove, a judgment cancelling a patent,

certificate or licence in whole or in part shall cause such cancellation to be considered

effective from the date of granting such patent, certificate or licence. Yet, its holder shall

not be compelled to repay compensations obtained for exploiting the invention or the

compulsory licence if the benefit of the exploiter or licence holder has been proved.

Article (36)

A cancellation judgment shall be entered in the special register and published in the

Official Gazette .

Section IV

Provisions Concerning Some Inventions

1- A patentee, beneficial use certificate's owner or his legal successor shall be entitled toobtain an extra patent or beneficial use certificate given for the improvements,

changes or additions made to the invention after its protection. The application for

extra protection shall be subject to the same conditions of the application for original

protection. Such extra protection shall have the same effects than the original

protection.

Article (37)


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2- The period of the extra protection shall expire upon expiry of the original protectionperiod. Yet, the cancellation of the original protection period shall not necessarily

cause the cancellation of the extra protection. The executive regulation shall fix the

annual fees of the extra protection.

3- Prior to granting an extra protection, the application therefor may be modified to an

independent patent or beneficial use certificate application.

1- No patent or beneficial use certificate may be given for a secret invention. An

invention shall be deemed secret when it concerns national defence unless otherwise

decided by the Minister of Defence.

Article (38)

2- The Department shall, through examination of the protection application, immediately

notify the Minister of Defence by a written report attached to such application if it

appears that the invention concerns national defence matters.

3- Based upon the Minister of Defence's decision, an invention shall be considered

secret or allowed to be protected according to the usual procedures.

4- If considered effectively secret, an invention may not be published.

5- The owner of the invention shall assign it to the Ministry of Defence against a fair

compensation.

Section V

Practical Know - How

Without prejudice to the rights granted by a patent or beneficial use certificate, a practical

Article (39)


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know-how shall enjoy protection from any illegal use, disclosure or publication by third

parties so long as it is not published or made available to the public's general use. Inorder to enjoy protection, the owner of a practical know-how should take the necessary

measures to maintain the secrecy of its elements as shown by the executive regulations

of this Law.

Any person having by his own means been able to develop an industrial method or

practical know-how concerning the use of industrial techniques and means or having

obtained same by a legal way, may use such method or practical know-how by himself or

announce it to third parties, even if another person has reached the same method or

practical know-how.

Article (40)

A practical know-how contract shall be established in writing and include the

determination of its elements, the purposes of its use and the conditions of its transfer,

otherwise the contract shall be null and void .

Article (41)

The provisions concerning the exploitation, assignment and transfer of inventions and thelicensing of their exploitation shall apply to practical know - how contracts, as determined

by the executive regulations of this Law.

Any use, disclosure or advertising of any practical know-how element without its holder's

consent shall be considered an illegal action if taken by a person who knows its secret

nature or if it is impossible for a person like him to ignore such nature.

Article (42)

Chapter III

Industrial Drawings and Models

The provisions provided for protection herein with regard to industrial drawings and

models shall be without prejudice to the moral and technical rights connected thereto

Article (43)


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whether their origin stems from the law or the international agreements and treaties to

which the State is a party.

An industrial drawing or model shall enjoy the protection prescribed herein only after

being entered in the special register kept with the Department. The registration

application shall be filed and examined according to the procedures and fees determined

in this respect by the executive regulations of this Law.

Article (44)

The provisions regarding priority registration stipulated in Art. (11) hereof shall apply to

industrial drawings and models.

Article (45)

An industrial drawing or model must be new or innovated and may be used as industrial

or trade product. Yet, no industrial drawing or model may be registered if it violates the

public order or the morals in UAE.

Article (46)

An industrial drawing or model shall be registered by the Minister's decision which shall

published in the Official Gazette along with such drawing or model after paying the

prescribed fees.

Article (47)

Any interested person may complain from the registration decision before the Committee

within 60 days from the date of publication. Failing the filing of any complaint within suchperiod, the registration certificate shall be delivered to its holder showing the entry number

and date and any such other data as provided for by the executive regulations hereof.

The registration term of an industrial drawing or model shall be 5 years from filing the

Article (48)


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registration application and may be extended twice successively. The renewal application

must be filed within the last 3 months of the original period. The executive regulationsshall fix the registration and renewal fees and a progressive annual fee to be paid from

the year following the date of deposit of the registration application. The annual fee shall

be paid during the last 3 months of each year or else the registration shall become invalid.

Such fee may be accepted if it is paid within 30 days from the expiry of the previous

period against an extra fee fixed by the executive regulations. The renewal decision and

the invalid registrations shall be published in the Official Gazette.

In all cases, annual fees may be paid in advance for all or part of the protection period.

The protection prescribed for an industrial design or model hereunder shall prevent third

parties from undertaking the following activities :

Article (49)

1- To use an industrial design or model in manufacturing any product.

2- To import or acquire any product related to an industrial drawing or model for the

purpose of offering it for sale or selling it.

The above activities shall not become legal just due to the fact that their field differ

from the field of use of the industrial drawing or model protected by law or because

they concern a product differing from the registered drawing or model.

If a bona fide person starts to undertake the activities referred to in the preceding Article

before filing the registration application, he shall have the right to proceed with the

activities already commenced with regard to the products he obtained. Such right shall be

personal and may in no way be assigned or transferred to third parties except as part of

the establishments benefiting therefrom.

Article (50)


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The provisions of Art. 7,9,15,18, 19 and 20 and those of Section 2 and 3 of Chapter II

hereof shall apply to industrial drawings or models.

Article (51)

Chapter IV

Contractual Licences

The protection deed holder may authorize any natural or juridical person to use or exploit

the right subject matter of the protection, provided the authorization term shall not exceed

the protection prescribed under the provisions of this Law. The licencing contract shall be

written and signed by the part.

Article (52)

A licence contract shall be entered in the register of the right subject matter of the

protection against the prescribed fee. The licence shall have no effect with regard to third

parties except from the date published in the Official Gazette.

Article (53)

The entry shall be stricken off at the request of the parties to the licence contract or if

such contract is rescinded, adjudged cancelled or if its term expires.

A contractual licence shall not prevent the protection deed holder from exploiting or using

the object of protection by himself of from granting other licences to third parties unlessotherwise stipulated by the licence contract.

Article (54)

The licencee shall have the right to exploit and use the object of protection in the State

territories throughout the legal protection period in all fields and by all means unless

Article (55)


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otherwise stipulated by the licence contract.

A licencee shall further be entitled to make use of the rights given by the protection deed

to its holder which could prevent the breach, threat or the harm of the object of protection.

Said licencee shall notify the protection deed holder by a registered letter of such breach,

threat or harm. If such protection deed holder neglects or slackens to take the necessary

measures within 30 days of the date of notification, the licencee shall have the right to

take the legal and judicial measures and claim compensation for the damages incurred by

him either due to the protection deed holder's neglect or slackness or to third parties' acts.

Save the case of assignment or transfer of the ownership of an establishment or part

thereof which exploits the licence, a licencee may not assign to third parties the licence or

grant sub-licences unless otherwise stipulated by the licence contract.

Article (56)

A licence contract or a contract of assignment or transfer of ownership of the object of

protection and any renewal of such contracts shall be subject to the Department's control

with regard to the conditions, guarantees and rights granted by protection deeds. The

Department may request the parties to modify such contracts for their best interest in the

context of the law and the State's economic interests. Should the parties fail to respond,

the Department may reject the contract and refrain from entering it in the register all as

determined by the executive regulations hereof.

Article (57)

Chapter VPrecautionary Procedures, Offenses and Sanctions

A protection deed holder or a person upon whom has devolved all or part of the industrial

property rights provided for hereunder, may request from the competent court, while

Article (58)


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hearing any civil or penal case or before lodging same, to render an order for provisional

attachment on the invention or the industrial drawing or model or the establishment or thepart thereof which uses or exploits any type of said industrial property, in case of any

breach or illegal actions in violation of this Law or the contracts or licences granted

according to its provisions.

A provisional attachment applicant shall deposit a guarantee to be estimated by the court

before rendering the attachment writ and the plaintiff must lodge the action on the merits

within 8 days from the date the court order is rendered or else the matter shall be deemed

as if it had never occurred .

Article (59)

The defendant on whom attachment is levied may lodge an action for indemnity within 60

days from the expiry of the preceding period or from the passing of a final judgment

rejecting the action for merits lodged by the plaintiff .

The said guarantee may only be disbursed after a final judgment is rendered in the

attachment action or the action for indemnity lodged by the defendant seized.

Without prejudice to any severer punishment stipulated by another law, shall be punished

by imprisonment for a period not below 3 months and not exceeding 2 years and a fine of

no less than Dh 5000 (Five Thousand Dirhams) or either of such punishments whoever

submits false or forged documents or information in order to obtain a patent, beneficial

use certificate or practical know-how or whoever imitates an invention, processing methodor a practical know-how element or intentionally encroaches upon any right protected by

this Law.

Article (60)

The same punishment shall apply if the matter concerns an industrial drawing or model.


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A court may in any civil or penal action rule to confiscate the attached items or to beattached later and deduct their price from the fines or indemnities or dispose thereof in

any other way deemed convenient by it. The court may also order to destroy or remove

the effects of the act violating the Law, as well as the machines and devices used in the

forgery and may further order with all the foregoing even in case of an acquittal verdict.

Article (61)

The court may further order to publish the judgment in the Official Gazette or in a daily at

the cost of the party adjudged.

Chapter VI

Department of Industrial Property and Final Provisions

A Department of Industrial Property shall be set up at the Ministry of Finance and Industry

and shall with its branches implement the provisions of this Law and its executive

regulations.

Article (62)

The Minister shall issue a decision regulating the work at the Department and its

branches and indicating how it should exercise the powers provided for in this Law and its

executive regulations.

The Department employees shall have the capacity of judicial police in implementing the

provisions of this Law and its executive regulations. They may not during the period of

their service and thereafter disclose the secrets of their work nor give statements orinformation to which they were connected by virtue of their positions nor reveal or use

same for their or others interest. They may not in their personal capacity keep the original

of any document or paper throughout the period of their service and during 3 years

following its termination, exercise the position of registration agent with the Department.

Article (63)


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A Committee shall be formed by a decision of the Minister under the Chairmanship of amember of the judicial authority with 4 members representing the Ministry of Finance and

Industry, the Ministry of Economy and Commerce, the Federation of Chambers of

Commerce and Industry and the General Secretariat of the Municipalities in the State, to

be chosen by the competent Minister, the President of the Federation of Chambers of

Commerce and Industry or the Secretary General of the Municipalities as the case may

be.

Article (64)

The representative of the Ministry of Finance and Industry may not be an employee of the

Department, while the representative of the Federation of Chambers of Commerce and

Industry and General Secretariat of Municipalities may be employees of one of the

Chambers or Municipalities in an Emirate of the State.

The Committee shall have jurisdiction to settle the complaints filed by the concerned

persons from the decisions issued with regard to the implementation of this Law and its

executive regulations.

The executive regulations shall determine the Committee's work organization, the

remuneration of its members, the complaint procedures, adjudication thereof and the due

fees.

The Committee's decisions may be challenged before the Competent Court according to

the procedures rules applicable before such court within 30 days from the date theCommittee's decision has been notified.

Article (65)

The Court may seek the assistance of experts specialized in the litigation with the

Department's opinion.


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Federal Law No. 44 of 1992-Patents

Documents

Transcript of Federal Law No. 44 of 1992-Patents