European Union
United Arab Emirates
Copyright and Related Rights
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement.
The 1992 Copyrights Law Articles 38-44 provides for preventive measures and penalty including confiscation, the closing of the institution violating copyright and prison measures and compensation. The draft amendment will provide more detailed measures to enforce copyrights as referred to in the TRIPS Agreement. The obligations arising from Article 9 of the TRIPS Agreement (Berne Convention Articles 1-21 except Article 6bis) will be met through the extension of the scope in terms of the various categories and subjects of copyright as well as the nature of the protection. Furthermore, the amendment envisages to state that in case of conflict of laws the provisions of the law shall apply on the works, performances, phonograms, broadcasting programs related to foreigners on conditions of reciprocity, and without prejudice to the provisions of the international agreements to which the UAE is party.