Examen de la législation d'application de l'Accord sur les ADPIC ‒ Recherche

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Aux termes de l'article 63:2 de l'Accord sur les ADPIC, les Membres doivent notifier les lois et réglementations qu'ils auront rendues exécutoires, et qui visent les questions faisant l'objet de l'Accord, au Conseil des ADPIC pour l'aider dans son examen du fonctionnement de l'Accord.

Cette page vous permet d'effectuer une recherche dans les questions et réponses des Membres au sujet des lois et réglementations notifiées. Vous pouvez consulter les résultats de la recherche à l'écran ou les télécharger afin de les imprimer au format Excel. Vous pouvez également télécharger des documents spécifiques.

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Page 494 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 6. Please describe the protection the copyright law of the United Arab Emirates provides for performers, and the term of the protection.
The 1992 Copyrights and Neighboring rights law No. 40 law includes performances among protected works. To conform to the TRIPS Agreement, the amendment to this law envisages to precise the rights of performers who shall enjoy the following economic rights: - The right to transmit their unfixed performance and communicating it to the public; - The right to fix their performance on a phonogram; - The right to reproduce their fixed performance on a phonogram. In this respect, the amendment will considers prohibited any fixation of such live performance on a phonogram for direct or indirect commercial revenue, rental, transmission or availability to the public on any medium by third person without authorization of the right holder. As far as the term of the protection is concerned, the law provides for a period of fifty years protection to be calculated from the beginning of the next calendar year in which the performance was accomplished. If the performance was fixed in a phonogram, the period would be calculated from the end of the year in which the fixation was made.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms. Please describe how the copyright law of the United Arab Emirates implements these obligations and indicate the term of protection.
The amendment to the 1992 Copyright law will provide for the protection of the rights of producers of phonograms. It will state that the producers of phonograms shall enjoy the following rights: - The right to prohibit any exploitation of their phonograms by any means without their authorization. The law prohibits copying, rental, broadcasting, re-broadcasting, availability to the public by third parties. - The right to disseminate their recordings via wire, wireless, computer or other means. The term of the protection will be fifty calendar years calculated from the beginning of the next year in which the publication of the phonogram was done or the year in which the phonogram was fixed if it was not published.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 8. Please describe the subject matter that can comprise a trademark under the trademark law of the United Arab Emirates.
The 1992 Trademarks Law No. 37 considers as trademark the following: Names, words, signatures, letters, numbers, drawings, symbols, addresses, hallmarks, stamps, pictures, vignettes, notices, packages or any other mark or combination of marks having a distinctive form and used or meant to be used- in distinguishing goods or products of whatever origin, or in showing that the goods or products are owned by the owner of the trademark because he manufactured it or selected it or traded in it, or rendered a service under it. A sound shall be considered part of the trademark if it was accompanying it.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 9. Please describe the procedure that must be followed to register a trademark in the United Arab Emirates, citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
The 1992 Trademarks Law No. 37 Article 5 provides that the Ministry of Economy and Commerce shall keep a register to be called "Trademarks Register" which shall be registered all trademarks, names and addresses of their owners, type of their activity, description of their goods or products or services and any assignment or transfer of ownership or change of license to use or any other amendments. The Law stipulates that every person may apply for a true copy of the contents of the said register upon payment of the prescribed fees. Article 6 of the same law states that the following persons shall have the right to register their trademarks: - UAE natural and moral persons who exercise any commercial, industrial, handicraft or services activity. - Non-UAE natural or moral persons who exercise any commercial, industrial, handicraft or services activity in the UAE. - Non-UAE natural or moral persons who exercise any commercial, industrial, handicraft or services activity in any country which grant the UAE reciprocal treatment. - Public moral persons. Articles 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the 1992 Trademarks law No. 37 as well as the 1993 Ministerial Decision No. 6 lay down detailed conditions and procedures governing registration of trademarks in the UAE. Article 7 states that each person desiring to use a trademark to distinguish any goods or products or services may apply for registering it. Article 17 of the 1992 Trademarks law No. 37 considers the person who has a trademark registered in his name its exclusive owner. Article 20 provides for the owner's right to remove the trademark from the register. It provides also that if the owner of the mark has granted, by contract, to a third person a license to use the mark, the said mark may not be removed from the register except upon written consent of the licensee unless the licensee expressly renounces his right in the license agreement. Articles 27-28 and 29 lay down the holder’s right of transferring the ownership of a trademark and the conditions under which the transfer, levying a charge or seizure related to a trademark are made. Articles 30-31-32-33 and 34 organize the license contracting, which is stated by the law as a right of the trademark holder. Articles 37 defines the penalties with regard to the counterfeiting, imitating, misleading the public, fraudulent use of registered trademark.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 10. Please provide the length and terms of protection the trademark law of the United Arab Emirates provides for a trademark. Please explain how the length and terms of trademark protection in the United Arab Emirates are consistent with Article 18 of the TRIPS Agreement.
Article 19 of the 1992 Trademarks law limits the duration of the protection of a registered trademark to ten years with the possibility of renewal for further consecutive periods of ten years each.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 11. Please explain whether the trademark law of the United Arab Emirates is consistent with Article 20 of the TRIPS Agreement, which requires that the use of a trademark shall not be unjustifiably encumbered by special requirements such as use with another trademark, use in a special form or use in a manner detrimental to the trademark's capacity to distinguish the goods or services of one undertaking from those of other undertakings. Please cite any relevant laws, regulations and judicial decisions.
The 1992 Trademarks law does not provide for any provision imposing unjustifiably requirements, which encumber the trademark. The only requirements for the registration of trademarks regarding form and use are stated out in Article 3, which prohibits the registration of some marks such as public emblems, flags, and other symbols relating to countries or international organizations unless authorized by them. Registration of marks violating public morals or public order is prohibited as well.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 12. Please explain whether the law of the United Arab Emirates complies with Article 21 of the TRIPS Agreement, which requires that the licensing of trademarks shall not be compulsory.
The Trademarks law does not provide for any provision, which laying down the compulsory licensing of trademarks. Articles 30, 31, 32 and 34, which organize trademarks licensing are fully in conformity with Article 21 of the TRIPS Agreement in the sense that they do not impose the compulsory licensing of trademarks. Article 27 of the same law conforms also with Article 21 of the Agreement while stating that transfer of the ownership of a trademark may be effected with or without the business to which the trademark belongs.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 13. Please describe in detail how the laws of the United Arab Emirates provide for the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.
Geographical indications are protected through the 1992 Trade Marks Law No 37. All the provisions contained in this law apply to geographical indications. Paragraphs 6 and 9 of Article 3 exclude from the registration (protection) geographical indications, which have the purpose to mislead the public on the veritable origin of the product or services or which contain false indications as to the origin or source of the products or services.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 14. Please describe in detail the manner in which the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of geographical indications for such products.
Geographical Indications related to the wine and spirituous are not registered in the United Arab Emirates in pursuance of the 1992 Trade Marks Law Article 3 paragraph 2, which states that any mark which violates public morality or is contrary to public order shall not be registered as trademark.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 15. Please describe the procedure that must be followed to obtain protection for industrial designs, citing to the provisions of the law of the United Arab Emirates, and describe the nature of the protection provided.
The industrial design must be recorded in the special Register kept by the Ministry of Industry and Finance (the Directorate). The registration application shall be filled and examined according to the procedure, and on payment of the fees, determined by the related Decree. The procedures mentioned above could be summarised in presenting an application which should be considered on the basis of prescribed requirements indicated in the 1992 Patent and Industrial Design Law No. 44 (Article 51) and 1993 related Decree No. 11 (Articles 45-49). The requirements are of formal and objective nature, providing that applicant have a right to use appeal procedures, be they administrative or judicial if needed (Patent and Industrial Design Law, Article 47). The nature of protection provided for industrial designs is reflected in Article 49 of the 1992 Patent and Industrial Design Law which accord to the holder the right of using the design in the making of any product, importing any product related to the industrial design, or processing such a product for the purpose of offering it for sale or selling it.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 16. Please describe the procedure that must be followed to obtain protection for textile designs and cite to the relevant provisions of law or regulation.
There is no specific provisions for textile designs. The 1992 Patent and Industrial Design Law apply to textiles industrial designs.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 17. Please describe in detail the way in which the patent law of the United Arab Emirates implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection for micro-organisms and non-biological and microbiological processes and plant varieties. Please cite to the relevant provisions of the law.
The 1992 Patent and Design Law provides for the protection of patent which is granted for any new invention that is the result of an innovative idea or an innovative improvement on a patented invention whether in relation to new industrial product, to industrial processes or methods or to the applications of known industrial processes or methods (Article 4 of the 1992 Patent and Design Law No. 44). The draft amendment, when adopted, will extend the coverage of the protection of innovations in all fields of technology, including agriculture, hunting, fishing, handicrafts and services. The 1992 Patent Law in its current form excludes from that protection the product in the field of chemical invention in foodstuffs and pharmaceutical compositions (Article 6 of the 1992 Patent Law). Therefore the draft amendment will enable the UAE to extend the protection to these fields, regarding both product and method of processing. With the adoption of the above-mentioned amendment, the exceptions will be presented as follows: (i) plant and animal research, or biological processes for the production of plants or animals, with the exception of microbiological processes and products; (ii) scientific principles and discoveries; (iii) diagnostic, therapeutic and surgical methods for the treatment of human or animals; (iv) in addition to inventions related to national defence or which would be contrary to public order and morality.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 18. Please describe in detail the rights provided patent holders under the patent law of the United Arab Emirates and cite to the relevant provisions of law.
The 1992 Patent Law, Article 15, provides the patent holder to prevent others from doing the following acts: (i) manufacturing, importing, offering for sale, selling, using or otherwise keeping for the purpose of selling or using the product; (ii) using the method and undertaking any of the acts mentioned in (i) related to a product obtained directly by such a method. To conform with Article 28 of the TRIPS Agreement, the draft amendment will precise the rights of the holders in using the invention, in addition to preventing others to use it as provided for in the existing law.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 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.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 20. What term of protection does the patent law of the United Arab Emirates provide for patents? Please describe any provisions for extension of the term of protection and cite to the relevant provisions of the law.
The 1992 Patent Law, Article 14, determines the term of protection in 15 years subject to a possible extension for 5 additional years. The draft amendment will modify this term by extending it to 20 years from the date of filling the application.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 21. Please describe in detail the protection for layout-designs of integrated circuits provided under the laws of the United Arab Emirates, including the term of protection, and cite to the relevant provisions of law.
The 1992 Copyright and Neighboring Rights Law includes layouts and topography among the works protected in the United Arab Emirates against any unlawful use or aggression. The term of protection of author rights is determined by the period his life and 25 years after his death. The term of protection of copyrights and neighbouring rights will be determined, after introducing the amendments to the 1992 Copyrights law, as follows: • As regards the author rights, the term of protection is determined by the period of life of the owner and 25 years after his death. The draft amendment will extend this period to 50 years as referred to in the TRIPS Agreement. • The term of protection of the rights of the joint authors is determined by their period of life and 50 years begin from the date of the death of the last surviving author. • The term of protection of the authors of collective works except the authors of applied arts is 50 years begin from the date of the first publication. • The economic rights of the works published for the first time after the death of their author expire after fifty years starting the first day of the next calendar year of their first publications. • The term of protection of the rights of the authors of the applied artwork is 25 years from the date of their publication. • The term of protection of the rights of the performers is 50 years from the date of the Accomplishment of the work performed. If the performance was fixed in a phonogram the period would be calculated from the end of the year in which the fixation was made. • The term of protection of the rights of the producers of phonograms is 50 years from the date of publication or fixation if it was not published. • The term of protection of the rights of the broadcasting organisations is 20 years from the next year to the year in which the first transmission of the program was made.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 22. Please describe in detail how the laws of the United Arab Emirates provide for the protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of law.
The 1992 Patent and Industrial Design Law No. 44 (Article 39-42) governs the protection of know-how. Within this Law, protection of undisclosed information related to the know-how is ensured through a contract concluded for this purpose. The Civil Service Act prevents from any disclosure of information made by public servants. In all cases, the holder shall take the necessary steps to preserve the confidentiality of its information. Article 39 of the 1992 Patent and Industrial Design Law No. 44 indicates that know-how is protected against any unlawful use, disclosure or communications by third parties unless it has been published or made available to the public. And in order to enjoy protection, the holder of this information shall take the necessary steps to preserve the confidentiality of it.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 23. Please describe in detail the manner in which protection is provided test data regarding pharmaceutical and agricultural chemical products submitted to the government in order to obtain marketing approval in the United Arab Emirates and cite to the relevant provisions of law.
See the response to question 22 above.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique 24. Are other applicants for marketing approval for their own versions of a previously approved pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier applicant? If so, how long a period of exclusivity is given the earlier applicant before such reliance becomes possible.
See the response to question 22 above.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Émirats arabes unis États-Unis d'Amérique Follow-up questions: Please explain in detail how Article 39 of the 1992 Patent and Industrial Design Law No. 44 includes the protections that are required under Article 39.3 of the TRIPS Agreement. Specifically, please explain how the law ensures that a second comer will not be allowed to rely on data that is submitted to the regulatory authorities in support of a pioneer drug application, as required by the unfair commercial use provisions of Article 39.3 of the TRIPS Agreement.
The 1992 Patent and Industrial Designs law No. 44 defines in its Article 1 "know-how" as the technical information, data or knowledge that result from professional experience and are applicable in practice. Article 39 states that know-how shall be protected against any unlawful use, disclosure or communication by third parties unless it has been published or made available to the public. The same Article states clearly that in order to enjoy protection, the owner of the know-how shall take the necessary steps to preserve the confidentiality of its elements. Article 42 provides for provision ensuring that a third party will not be allowed to use, disclose or communicate any element of know-how without consent of its owner, stating that any of these acts shall be deemed an unlawful act, provided that the person committing the act was aware of the confidential nature of the know-how or could not have ignored such nature. Furthermore, the Bylaws of the 1992 Patent Law (the 1993 Decision No. 11 of the Ministerial Council) lays down procedures required to ensure the protection of know-how as well as its contracting aspects. As regards pharmaceutical products specifically, the law No. 4 of 1983 related to pharmaceutical institutions and pharmacy profession and its Bylaws provide for establishment of a Committee in charge of pharmaceutical registration and pricing. All the confidential information submitted to it must be kept confidential, provided that it is confidential and the owner has undertake the necessary steps to keep it confidential.
02/02/2004

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