The Trademarks Law does not contain a definition of geographical indication as such. However, all sorts of names, including geographical indications, are considered as trademarks if they are used to distinguish goods or services with regard to their production, selection or commercialisation. The explicit exclusion of geographical indications, which lead to confusing the public with regard to the origin of the concerned goods or services, confirms that the Trademarks Law covers the geographical indications as referred to in the TRIPS Agreement.

See the answer to question no. 15.

The Trademarks Law does not provide any additional protection to wines and spirits.

Article 3 of the trademarks Law includes among marks which may not be validly registered marks that are composed merely of the appellation commonly used for goods, products, services, familiar drawings of ordinary pictures of goods and services.

The 1992 Patent, Designs and Industrial Models Law No. 44 defines in its Article 1 the industrial design as any form constituted by lines or colours, or any three-dimensional form that is primarily related to lines or colours, provided that it has a specific appearance and can be used as a model in industry or handicraft. The amendment of this article will distinguish between a drawing, which is any form of lines or colours, and the industrial model, which is any isometric structure. Textile designs are protected under the above-mentioned Law as industrial designs. The term of the registration of an industrial design is five years and it may be renewed for two successive periods (Article 48 of the above-mentioned law). The amendment will extend the period of protection to ten years as referred to in the TRIPS Agreement. Article 49 prevents third parties from using the industrial design for manufacturing any product and importing any product related to the industrial design or processing it for the purpose of offering it for sale or to sell it.

See the answer to question no. 19.

No.

The 1992 Patent and Design Law No. 44 provides for a protection of industrial design for five years and it may be renewed for two successive periods (Article 48 of the Law). The amendment to this article will extend the period of protection to ten years as referred to in the TRIPS Agreement.

Article 4 of the Patent Law No. 44 defines the invention as a result of an innovative idea or an innovative improvement on a patented invention. Both the idea and the improvement should be scientifically founded. An invention could be considered under the above-mentioned article as industrially applicable if it can be applied or used in any kind of industry, which should be understood broadest senses and includes agriculture, hunting, handicraft and services.

Article 6 of the Patent Law provides for exclusion from patentability as follows: - plant or animal research, or biological processes for the production of plants or animals, with the exception of microbiological processes and products thereof, - chemical inventions related to foodstuffs, drugs or pharmaceuticals, unless such products are made by means of special chemical process, in which case protection shall extend only to the process and not to the products of the processes, - scientific principles and discoveries, - inventions related to national defense, - inventions, which, if disclosed or exploited, would be contrary to public order and morality. To conform to the provisions of the TRIPS Agreement, the draft amendment of the 1992 Patent and Design Law No. 44 will introduce new elements by eliminating the mention of the second above-mentioned sub-paragraph tiret 2 as exception from granting patent. In addition, the amendment will introduce diagnostic, therapeutic and surgical methods for the treatment of humans or animals among exceptions from granting patent as provided for in Article 27 of the TRIPS Agreement.

See the answer to question no. 24.

The 1992 Patent Law No. 44 does not mention diagnostic, therapeutic and surgical methods as excluded from the patentability. The amendment foreseen to this law, however, will introduce diagnostic and surgical methods for the treatment of humans and animals into the category of the inventions excluded from the patentability.

Plants or animal research, or biological processes for the production of plants or animals, are excluded from the patentability under the 1992 Patent Law No. 44, whereas microbiological processes and related products are not (Article 6).

Micro-organisms, microbiological processes are protected under the Patent Law which mentions in its Article 6 that the microbiological processes and products thereof are excepted from the category of the inventions excluded from the patentability as mentioned in the answer to the question no. 27.

Article 15 of the 1992 Patent Law No. 44 prevents third parties from making, or importing the product, offering it for sale, selling it and using it, or stoking it for the purposes of offering for sale or use when the patent has been granted for a product. The same article prevents the third parties from using the process, or engaging in any of the acts referred to above in relation to a product obtained by the means of the process when the patent has been granted for a process. The amendment to be introduced to this article will modify the drafting of the text in keeping the substance of its provisions preventing importing and offering for sale of a patented invention on one hand, and on the other hand, to affirm the right holders in exploiting his invention.

The 1992 Patent Law does not provide for patent product protection of pharmaceutical and agricultural chemical products. Article 6 of the Law states that no patent is granted to chemical inventions related to foodstuffs, medical drugs or pharmaceuticals, in which case protection shall extend only to the process and not to products of the process. However, the amendment foreseen to this article to conform to the TRIPS Agreement will delete this exclusion and therefore pharmaceutical and agricultural chemical products will benefit from the patent protection as referred to in the TRIPS Agreement.

The Patent Law No. 44 in its article 17 states that the patent rights shall be restricted to the acts conducted for industrial or commercial purposes and shall not cover the acts related to the protected product once it has been sold. However, if the patent is related also to a particular use of the product, the holder shall be entitled to the right of such utilisation. The amendment will, however, aim to delete this provision and replace it by a provision, which provides for a clear protection of the product obtained directly by the protected process. It will state that if the invention subject is an industrial process for manufacturing a product, the patent holder is entitled to the same right in respect of the product obtained by using such process, in addition to his right in using such method or process.

The by-laws of the Patent Law defines the conditions under which the patent is registered. The by-laws do not impose additional conditions other than those mentioned in the Article 29 of the TRIPS Agreement.

The Patent Law No. 44 does not provide any exception to the exclusive rights conferred by a patent. However, the foreseen amendment to the law will introduce some exceptions in this regard. It will state that the rights entitled by the letters patent shall not apply on scientific research and the use of the subject of the patent in transportation vehicles that enter UAE temporarily or contingently, provided that the use is restricted to the needs of such vehicles.

The Patent Law No. 44 provides for compulsory licensing (Articles 23-33). Under this Law, the compulsory licence is granted to the third parties for one or more of the following reasons: - the invention is not being exploited - the exploitation is not sufficient to respond reasonably to the demand for the product - the exploitation has been suspended for two consecutive years - the refusal of the owner to conclude a license contract under fair terms has seriously impeded the development of industrial or commercial activities Article 27 of the Patent Law stipulates that the compulsory licence shall be granted only to the requesting person who provides the necessary guarantees that the invention will be exploited sufficiently to overcome the shortcomings, and respond to the needs, that have led to the compulsory licence being requested. Article 29 states that the granting of compulsory licence is the responsibility of the competent court, which decides on the acceptance or refusal of the request for the compulsory licence.