United States of America
United Arab Emirates
IP Enforcement
29. Please explain whether the judicial authorities of the United Arab Emirates have the authority to order that goods found to be infringing, as well as the materials for making them, be disposed of outside of outside of the channels of commerce, as required by Article 46 of the TRIPS Agreement.
Yes the three intellectual property laws provide for such measures. Article 61 of the 1992 Patent law No. 44 states that the competent court may decide to confiscate the property or dispose of the property in whatever manner it deems appropriate. It may also order the destruction of the equipment used in committing the act of imitation, and remove the effects of any illegal act. Article 43 of the 1992 Trademarks law No. 37 provides for the confiscation of the articles seized and the destruction of the illegal marks, the products, packaging and equipments as well as other articles bearing the illegal marks and counterfeiting. The 1992 Copyrights Law No. 40, Article 43, provides for confiscation and the closing of the institution violating copyright. The draft amendment will confirm these measures and introduce destruction measures in order to ensure that the infringing products and the materials for making them be outside of the channels of commerce as referred to in the TRIPS Agreement.