Intellectual Property Law in the UAE: A Closer Look – Part I

Warren Buffett famously said he only invests in businesses with “moats” around them; meaning durable competitive advantages that protect a company from its rivals and help secure its own growth. While moats can take many forms, one of the most powerful and enduring in today’s times is intellectual property (IP).

This is especially important in light of the growing use of artificial intelligence globally. As we’re seeing the constant rise in AI related lawsuits for breach of IP rights, it’s becoming increasingly clear that modern, enforceable IP laws are necessary to create legal and commercial barriers that cannot be crossed.

The United Arab Emirates (UAE) is among those countries that recognised the importance of strong IP protection in current times. The result? An updated and internationally-aligned legal framework. Emirati courts have made it clear through recent decisions (such as the one involving Red Bull’s protection of its IP in the UAE) that there will be strict enforcement of the country’s IP laws from here on out.

In this part 1 of our series on the IP laws in the UAE, Ronin Legal examines the new legal framework and gives an overview of what the industrial property law covers under its ambit.

A Modern Legislative Framework

The previous legal framework for IP laws in the UAE consisted of:

• Federal Law No. (17) of 2002 on the Regulation and Protection of Industrial Property,
• Federal Law No. (7) of 2002 on Copyright and Neighbouring Rights, and
• Federal Law No. (37) of 1992 on Trademarks

The updated legal framework comprises three federal laws enacted in 2021, each repealing and replacing its predecessor:

• Federal Law No. (11) of 2021 on Industrial Property Rights (Industrial Property Law),
• Federal Law No. (38) of 2021 on Copyright and Neighbouring Rights (Copyright Law), and
• Federal Law No. (36) of 2021 on Trademarks (Trademark Law)

Together, these laws cover the entire range of IP rights, offering clear procedures for registration, enforcement, and commercialization. Administered by the Ministry of Economy (MoE), they draw on international best practices and demonstrate the UAE’s commitment to treaties like the Paris Convention, Berne Convention, and the TRIPS Agreement.

Protecting Industrial Property

A cornerstone of the UAE’s IP regime is the protection of industrial property, governed primarily by the Industrial Property Law. This law offers comprehensive protection for the following:

1. Patents and UMCs

Patents are granted for inventions that are new, inventive, and industrially applicable, with protection lasting 20 years. For less complex inventions, specifically those lacking an inventive step, utility model certificates (UMCs) can be applied for which offer a 10 year protection term.

Certain categories of inventions are explicitly excluded from protection, such as research, plant or animal species, medical and surgical methods, scientific principles and discoveries, business methods and computer programs, and inventions contrary to public order and morality.

2. Registration

Patent and UMC applications undergo formal and substantive examination by the MoE, which may request supporting documents to be submitted within 90 days. Once granted, patents are published in the UAE’s Industrial Property Bulletin, marking the beginning of enforceable rights.

The UAE is also a signatory to several international treaties, including the Patent Cooperation Treaty, which streamlines patent protection procedures for international applications. In other words, the UAE also provides a route to international protection once registration is completed domestically.

3. Rights

Patent and UMC holders enjoy exclusive rights to exploit their inventions, and prevent any third parties from either using, manufacturing, or selling the patented invention in the UAE, unless under a license.

It’s important to note that any invention created during the term of the employment contract belongs to the employer, unless otherwise agreed. Additionally, if a patent is filed within two years of the employee’s departure, it is presumed to have been made during employment, granting rights to the employer.

4. Industrial Designs

Industrial designs, which protect the aesthetic aspects of products (including shape, pattern, and colours) can be registered under the law to give 20 years of protection. To qualify for protection, the designs must be novel (it is considered novel unless disclosed before the filing date) and not violate public order or morals.

Industrial designs rights holders can prevent third parties from using, importing, possessing, offering for sale, or selling any products related to the Industrial Design.

5. Undisclosed Information

Additionally, the law provides for the protection of undisclosed information, such as trade secrets and confidential business information, that provide a competitive advantage to businesses. The conditions for protection of undisclosed information are; it must be confidential (not widely known in the relevant field), derives commercial value from secrecy, and the owner has taken effective measures to maintain its confidentiality.

These rights are not time-limited but require proactive safeguards by the rights holder to prevent unauthorized disclosure.

Conclusion

The UAE’s new intellectual property framework is more than just a legal system; it is a strategic asset designed to fuel innovation, attract international investment, and enhance the competitiveness of its economy. By aligning with international standards and incorporating modern enforcement tools, the UAE offers both domestic and foreign stakeholders a reliable jurisdiction for protecting intellectual assets.

In the next part of this series, we will explore the key features of the UAE’s Copyright Law and Trademark Law, including how they operate in practice and what they mean for creators, businesses, and investors.