États-Unis d'Amérique

Émirats arabes unis

Brevets (y compris la protection des variétés végétales)

19. Please describe in detail any provisions in the laws of the United Arab Emirates permitting unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur.

The 1992 Patent Law governs compulsory licences (Articles 23-33) Article 26 provides that a compulsory licence for the exploitation of an invention may only be granted once the person requesting it has supplied evidence that the owner of the invention has notified thereof, but it has not been possible to reach an agreement on equitable terms within a reasonable time. Article 23 determines in which cases compulsory licences are granted and provides that it can happen for one or more of the following reasons: (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; (iii) 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 remedy measures to prevent anti-competitive practices. It will precise also the conditions of granting compulsory licences.