United Arab Emirates
Patents (including Plant Variety Protection)
4. Please explain whether or not your legislation provides the possibility of granting of compulsory licenses. If so, please explain in detail the conditions under which a compulsory license may be granted.
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.