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.

The amendment to Article 23 of the Patent Law will introduce the condition that the applicant for licensing should prove that he exerted, within a reasonable period of time, efforts for obtaining a license from the patent holder with a reasonable compensation and under reasonable commercial conditions. Article 24 of the Patent Law excludes explicitly the right to import the product from the rights conferred to the beneficiary of compulsory licence.

The term of protection of patents is determined by a period of time of 20 years. The current law provides for protection for a period of time of 15 years which may be extended once for five years (Article 14 of the 1992 Patent Law No. 44). The amendment will provide for a protection of 20 years in order to conform to Article 33 of the TRIPS Agreement and does not provide for extension in this regard.

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.

The 1992 Patent Law does not provide for the reversal of the burden of proof in relation to process patents (Articles 58-61 concerning preventive measures, offences and penalty). However, the amendment to this articles will state that in case of litigation concerning the patent related to a process, the court shall have the authority to order the defendant to prove that the process which he has used is different from the patented process protected by a patent.

Article 15 of the Patent Law provides for preventive measures against illegal acts performed by third parties as explained above. However, Article 6 excludes chemical inventions related to pharmaceuticals, unless such products are made by means of special chemical processes, in which case protection is extend only to the processes and not to products of the processes. The amendment foreseen to Article 6 above, however, will delete the exclusion and bring the pharmaceutical processes and products under the protection of the law. The new articles will state that pharmaceutical products shall be subject to protection as of 1 January 2005. In the transitional period, the Administration is continuing to receive the patent applications in this field, which should be recorded in the patent Register. Furthermore, the amendment states that if the letters patent is issued in one of the Member states of the WTO for protecting patents related to such applications and if the holder is licensed to market his invention, then the applicant shall have the right of a exclusive marketing for such inventions, as of the date of licensing from competent parties in the UAE, in pursuance of the TRIPS Agreement provisions.

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