États-Unis d'Amérique

Émirats arabes unis

Moyens de faire respecter les DPI

Procédures pénales

33. Please describe in detail how the laws of the United Arab Emirates implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.

Articles 37 and 38 of the 1992 Trademarks law No. 37 determine the illegal acts to be sanctioned by imprisonment and monetary fine or by either of the two penalties. Article 60 of the 1992 Patent law No. 44 lays down criminal sanctions and monetary penalties to be imposed to whom infringe any right protected by the law. The draft amendment of this provision intends to put a maximum to the fine that increases what is defined in the misdemeanor for the penalty to suit with the importance of the contravention. The 1992 Copyrights law No. 40 lays down the same procedures (Article 37 to 42).