Registration of a design lasts for 10 years from the date of registration.
The following cannot be protected:
- A manufacturing process;
- Functional features of an article
- A principle of construction, or how an article is built
- The materials used in the construction of an article
- The useful purpose (functionality) the design serves or is intended to serve
- Colour per se or Ideas
Registration gives the exclusive right to use the mark in respect of goods or services for which it was registered.
Contrary to widespread use of both terms as synonyms, a trademark is an identifier or “face” of the brand, not the brand itself.
An unauthorized publication of an author’s work of art is penalized by imprisonment and/or a fine of not less than 50,000 Dirhams. A publisher who contravenes the author’s instructions through unauthorized addition, omission or modification shall be punished by imprisonment and/or a fine not less than 10,000 Dirhams.
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring Copyright in UAE. However, certificate of registration of Copyright and the entries made therein serve as a prima facie evidence in a court of law and therefore, would help in establishing authorship and also infringement.
In case the author or the owner decides not to register, the work should be properly dated and signed. This may be useful in case of engineering drawings.
Note: In case of registered or unregistered work, the symbol “c” with circle “© “ is used along with the name of author, year of first publication on the work, to signify that work is under Copyright protection for a specific duration. If this sign is associated with any work, it means the work is Copyrighted.
The term of every patent in UAE is 20 years from the date of filing.
The first step starts with a prior art search which means a thorough search of various patent databases, technical literature and can even include a market survey. This is for determining if the invention is novel and non-obvious on the date of filing the application. If it is not so, then a patent cannot be granted for such an invention
Can a Trademark registered in one country is considered registered and protected in other countries.
No, the owner have to get the registration of his Trademark in all the countries where he want his brand to be protected, through the government authorities of the concerned.
Yes, with the evolution of IP laws, we now have provisions through which we can get Trademark protection for color combinations and smells/scents/fragrances.
Trademark protection is available to 10-15 years depending from country to country. however if the Trademark protection is timely renewed then its shall stay in the ownership for
perpetually. Some Trademarks like Mercedes and Pepsi have existed and are registered in the name of the owners for more then 100 years.
Yes, he can patent his idea before he start producing the product. The patent examiner can decide if the invention, as described in those documents, is industrially applicable or not.