European Union
United Arab Emirates
Patents (including Plant Variety Protection)
37. Please explain how your legislation provides for the enhanced patent protection of patents or patent applications pending on 1st January 1995.
Article 66 of the Patent and Designs Law states that the inventions dealing with the chemistry of drugs or pharmaceutical compounds shall be protected by letters patents or utility certificates if they meet the conditions provided for in this law and its implementing regulations as of 1 January 2002. The same Article provides that the Administration shall continue to receive the patent applications for pharmaceutical and agricultural chemical products and register them. The applicant shall have the right of exclusive marketing for the invention in pursuance of Article 70 of the TRIPS Agreement. The pending patent applications are, thus, dealing with in full conformity with Article 70 paragraph 8 of the TRIPS Agreement. The Ministry of Finance and Industry, since the entry into force of the Agreement for the UAE, had open a Register in which patents applications for inventions concerning pharmaceutical and agricultural chemical products can be filed and enjoyed all rights stipulated in Article 70 paragraph 8 of the TRIPS Agreement.