United States of America
United Arab Emirates
Undisclosed Information
Please explain whether there are any provisions in the laws of the United Arab Emirates that require applicants who are seeking marketing approval for a product to disclose to the regulatory authority the existence of pending patent application or a patent relating to the same product.
Article 11 of the 1992 Patent and Industrial Designs law provides that the application for registration may contain a declaration claiming the priority of an earlier application filed in a State party to a convention or treaty to which the UAE has acceded. In the area of drugs and pharmaceutical products marketing specifically, the law No. 4 of 1983 related to pharmaceutical institutions and pharmacy profession and its Bylaws impose, as perquisites for marketing such products: (i) The authorization of competent authorities to import the products. (Article 40) (ii) The registration of the products before marketing them (Article 65). The Bylaws of the above mentioned law which defines the procedures of the registration of pharmaceutical products require the disclosure of scientific and technical elements of the product before its marketing.