The Patent and designs Law defines in its Article (1) know-how as follows: “The information, data or knowledge as a result of acquired expertise in the applicable, technical, or professional field”. The Bylaw of the Patent Law as well as the annexes of the 1985 Ministerial Decision No. 870 adopted by the Minister of Health provide for more detailed explanation. Copies of this regulations and administrative notes can be provided if requested.

preventive measures against infringement of intellectual property rights. These provisions encompasses various measures ranging from the definition of illegal acts to preventive and punitive measures: - the 1992 Trademarks Law (Articles 37-43) - the 1992 Copyright Law (Articles 38-44) - the 1992 Patent Law (Articles 58-61) These laws provides also for remedy measures like preventive seizure, confiscation, destruction of product and equipment as well as removing of the effects of the illegal acts and compensation.

Yes, all these laws and others provide for appeal to judicial bodies of administrative decisions. With regard especially for example to compulsory licensing, the possibility to appeal is mentioned in Article 33 of Patent Law.

The Evidence Law provides the basis of the production of evidence in the light and the protection of confidentiality therein.

Article 58 of the Patent Law provides that the owner of the patent may request the competent court, either before or during the civil or criminal proceeding, to issue a writ of attachment on the invention or industrial design, or on the establishment or the part of establishment using or exploiting a patent, in relation to which an infringement or an unlawful act has been committed. The other IP laws provides for the same principle.

The Civil Transactional Law provides for compensation for the opposing party who has been subject to the injury he suffered.

See the answer to question no. 51.

See the answers to questions nos. 47 and 50.

Article 59 of the Patent and Designs Law states that the applicant of the precautionary seizure should deposit a bail evaluated by the court prior to issuing its order for seizure and the seizer should file the relevant action within eight days as from the date of the issuance of the court’s order otherwise the matter shall be deemed null and void. Moreover, it is permissible for the attached person to file an action for compensation within sixty days as from the date of the termination of the previous term or from the date of issuing the final decision of refusing the relevant action, which the seizor preferred. Furthermore, it isn’t permissible to cash the bail referred thereto except after the issuance of a final decision in the seizor’s action or the claim of compensation which the attached person filed. Also the Trademarks Law provides in its Article 43 for provision aimed at indemnifying the defendant through a judicial decision.

Article 58 of Patent Law provides that the owner of the patent may request the competent court, either before or during the civil or criminal proceeding, to issue a writ of attachment on the invention or industrial design, or on the establishment or the part of establishment using or exploiting a patent, in relation to which an infringement or an unlawful act has been committed. Temporary and rapid measures against any violation of intellectual property rights are provided in the other laws. Customs department is allowed to take measures at the borders to prevent any violation of intellectual property rights in accordance the above-mentioned laws as well as under Customs regulations. These measures are taken either following the demand of the right holder or on the basis of judicial order.

The competent court is responsible to decide on preventive seizure. Customs are also responsible for suspension of customs release for a fixed period in response to an application by the rights holder or the public prosecution or by its own initiative.

The same rules mentioned in the answer the question no. 56 are applied to this question.

The Patent Law Article 61 allows the court to order the destruction of the equipment used in committing the act of imitation and remove the effects of any illegal act. The Copyright Law provides for the same measures. The Trademarks Law Article 43 provides for the destruction of the illegal marks and the products and packaging and tools of packaging and other articles bearing in the illegal marks.

There is no indication in the three intellectual property federal laws of the de minimis imports exception.

Punishment related to illegal acts that affect intellectual property rights are provided in the three intellectual property rights laws. Imprisonment and a fine are provided as sanctions in Article 37 of the 1992 Trademarks Law No. 37, Article 60 of the 1992 Patent Law No. 44 and in the 1992 Copyright Law Article 37.

The exception related to the national security, public order and morality is applied to all natural persons or institutions, be they nationals or foreigners.

Geographical indications are protected through the 1992 Trade Marks Law No 37. Article 3 paragraphs 6 and 9 exclude from the registration (protection) geographical indications which have the purpose to mislead the public on the veritable origin of the product. Geographical indications related to the wine and spirituous are not registered in the UAE in pursuance of the 1992 Trade Marks Law Article 3 paragraph 2 (Public order and Morality).

The 1992 Patent and Design Law provide for the protection of patent which is granted for any new invention that is the result of an innovative idea or an innovative improvement on a patented invention whether in relation to new industrial product, to industrial processes or methods or to the applications of known industrial processes or methods (Article 4 of the 1992 Patent and Design Law No. 44). The draft amendment, when adopted, will extend the coverage of the protection of innovations in all fields of technology, including agriculture, hunting, fishing, handicrafts and services. The 1992 Patent Law in its current form excludes from that protection the product in the field of chemical invention in foodstuffs and pharmaceutical compositions (Article 6 of the 1992 Patent Law). Therefore the draft amendment will enable the UAE to extend the protection to these fields, regarding both product and method of processing. After the adoption of the above-mentioned amendment, the exceptions will be as follows: (i) plant and animal research, or biological processes for the production of plants or animals, with the exception of microbiological processes and products; (ii) scientific principles and discoveries; (iii) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; in addition to inventions related to national defence or which would be contrary to public order and morality. Article 4 of the 1992 Patent Law considers patentable any new applications of known industrial processes or methods.

The micro-organisms are patentable in conformity with Article 6 of the 1992 Patent Law as mentioned above.

The 1992 Patent Law provides for compulsory licences (Articles 23 33). Article 23 determines in which cases compulsory licences are granted. For one or more of the following reasons, compulsory licence could be granted: (i) the invention covered by the patent is not being exploited; (ii) the exploitation of the invention is not sufficient to respond reasonably to the demand for the product; (ii) the exploitation has been suspended by the beneficiary for two consecutive years; (iv) the refusal of the owner of the patent to conclude a licence contract under fair terms has seriously impeded the development of industrial or commercial activities in the UAE. The draft amendment will provide measures to take into account the public interest and remedies to prevent anti-competitive practices and to reflect the drafting of the TRIPS Agreement.