New Executive Regulations of Industrial Property Law Complete UAE’s Patent Legislative System
Calling the release of the new Executive Regulations a vital development, HE Dr. Ahmad Belhoul Al Falasi, Minister of State for Entrepreneurship and SMEs, said the UAE had achieved remarkable results in proliferating the role of innovation and the promotion of intellectual property while encouraging innovators and inventors following the publication of Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights in accordance with Cabinet Resolution No. (6) from 2022.
SE said that the new executive regulations complete the legislative system of industrial property rights and patents in the country by developing transparent measures of patent applications, accelerating the granting of these patents and increasing their number in the next stage. .
Al Falasi added, “The regulations help provide a comprehensive legislative environment that encourages innovation and patent applications in the UAE. It will further project the UAE as a destination of choice for innovators in various fields – including technology, new economy, research and development. Moreover, it will promote its position as a competitive and attractive environment for fundamental investments, thus strengthening the pillars of the new economic module based on knowledge and innovation. It will also promote the UAE’s leadership in global competitiveness indices, such as the Global Innovation Index (GII), Global Entrepreneurship Index and Global Competitiveness Index.
The regulation further establishes the legal basis for businesses and individuals to showcase their latest ideas and innovations. Through this regulation, various procedures, conditions, requirements and disciplines regarding industrial property applications have been clarified. It further illustrates the different roles and stages through which the application passes, from the application stage to the registration of the industrial property right, as well as the rights, privileges and objections that flow therefrom. This is in line with the best international practices in this field, in particular those relating to patents, industrial projects, Certificates of Utility, integrated circuits and the protection of undisclosed information.
The Executive Regulation further examines the main provisions stipulated in international agreements relating to industrial property rights, guaranteeing the speed, flexibility and efficiency of the inspection and registration of industrial property applications and ensuring the protection of owners of inventions. It further provides additional flexibility and concessions for patents and industrial property for entrepreneurs, SMEs, startups, academic institutions, as well as facilities and businesses – including research, development and research departments. innovation and international business. All are called upon to benefit effectively from the industrial property services offered by the Ministry of the Economy by filing patents for its activities.
The regulations also include knowledge sharing procedures for new inventions to leverage research and development in the country’s private sector, academic institutions, SMEs and startups. The regulations also specify the time frame in which patient exam results would be announced, achieving the ministry’s goal of using the regulations to reduce periods from 42 months to six months.
The regulations also define the substantive and formal examination mechanisms and documents relating to applications for industrial property rights, as well as controls for the formulation of applications for protection under international requirements. They also define the technical and legal bases for calculating the principle of priority submission for the same invention, the requirements and data of the register of industrial property rights, as well as the requirements and procedures related to the correction and modification of applications. industrial property rights. In addition, the regulations clarify various aspects related to the international application under the Patent Cooperation Treaty, overseen by the World Intellectual Property Organization (WIPO), the mechanisms for calculating renewal fees for industrial property, the scope of protection and assignment of such rights, and other related matters.
The Implementing Regulations detail new procedures and rights introduced by the new Industrial Property Law in various categories of industrial property rights that were not included in the previous legislation. These include the protection of layout designs of integrated circuits, which play an important role in fostering and protecting electronic innovations and inventions, which in turn support the high technology path in the country. This is in addition to protecting undisclosed information, which encourages industrial and commercial research and development.
The Implementing Regulations also include various provisions relating to urgent applications, transforming patent applications into applications for certificates of performance and vice versa. They offer the possibility of dividing applications for patents, benefit certifications and industrial designs into several applications, which facilitates the securing of the various stages of their progression and helps to organize the mechanisms for retrieval of applications and the mechanisms complaints related to the results of the requests.
Applications for patents and benefit certificates submitted to the ministry between the years 2020 and 2021 reached a growth rate of 26.7%. On the other hand, the growth rate of applications in the first quarter of 2022 was 17.8% compared to the same period in 2021. The main fields and activities included in these applications were transport, construction and mining. , electricity, textiles and paper, among other vital areas.