BJC provides services which cover the whole spectrum of intellectual property law, namely indicatively trademark, patent, industrial designs and utility models registrations on UAE, GCC and international level, drafting and negotiating contracts and licensing agreements relating to intellectual property rights (assignment, license to use, exploitation licenses), as well as handling of litigation in relation to infringement of intellectual property rights and providing legal advice on IP issues.
A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.
The protection of consumer and industrial products against counterfeiting and fraudulent imports is a major concern of every brand owner. It remains a constant battle as market diversion and counterfeiting increase, as shown by statistics on custom seizures.
Federal Law No. 7 of 2002 Concerning Author’s Rights and Neighboring Rights gives copyright protection to a wide range of works. Copyrights are protected in the UAE in accordance with widely accepted international conventions, though there are some areas (notably in the area of ownership of employee works and the assignment of future copyright) where UAE law diverges from international norms.
For obtaining protection, copyrightable works have to be deposited with the Ministry of Economy. Protection is granted to authors of literary, artistic and scientific works of whatever the value or kind or purpose or way of expression is. Generally, protection is provided for works whose means of expression is writing, sound, drawing, image, motion pictures, creative titles or computer software. Translation of original works is also protected.
Patents are protected under the UAE’s Industrial Property Law (Federal Law No. 17 of 2002), as amended by Federal Law No. 31 of 2006. The UAE operates under two systems, the Patent Cooperation Treaty (PCT) system for domestic patents, and the Gulf Cooperation Council (GCC) Patent system which provides a mechanism for regional filings of patent applications within the GCC countries. The GCC is not part of the PCT system, so patent applications of local interest only should be filed through the GCC system. However, it is possible to register patents in the UAE to maximise protection.
In a world which places an emphasis upon aesthetics, the appearance of a product can be a determining element in the consumer’s final purchasing decision. The design, look and feel of a product may to a large extent contribute to its success or failure. The design creates the emotional connection with consumers and directly contributes to brand building. In short, success in the marketplace often depends upon how good a product looks rather than simply how well it works particularly when the market offers a large variety of products with the same or similar function.