UNITED ARAB EMIRATES INTELLECTUAL PROPERTY PROTECTION – 2.

UNITED ARAB EMIRATES INTELLECTUAL PROPERTY PROTECTION – 2.

WHERE THE WORLD IS FULL OF INTELLIGENCE AND CREATIVITY – THERE IS AN AMPLE NEED FOR INTELLECTUAL PROPERTY PROTECTION.

Copyright

Copyright is a right to copy and distribute the original work created by the author of such work. It also includes moral rights. These moral rights provide that even after the transfer or assignment of the copyrighted material, the author has a right to object if his original work was altered, distorted, or mutilated.

Article 2 of the Federal Law No. (7) of the Year 2002 Concerning Copyrights and Neighboring Rights provides several categories, which fall under the umbrella of copyright. It provides, “Authors of the works and the holders of the neighboring rights, shall enjoy the protection of this law in a case that aggression against their rights occurs in the State, namely in the following works:

  • Books, pamphlets, essays, and other written works.
  • Computer programs and applications, databases, and works analogous to them as defined by a Minister’s decision.
  • Lectures, addresses, sermons, and other works of similar nature.
  • Dramatic, dramatico-musical works, and dumb shows.
  • Music compositions with or without words.
  • Sound and audiovisual works.
  • Architecture work, engineering plans, and layouts.
  • Works of drawing, painting, sculpture, and lithography (fabric, metal, stones, wood) and engrave or similar works in the scope of fine arts.
  • Photographic works and works that are analogous to photography.
  • Works of applied and plastic art.
  • Illustrations, geographical maps, sketches, three-dimensional works relative to geography, topography and architecture designs, etc.
  • Derived works without prejudice to the protection stipulated for the works been derived from. The protection includes the title of the work if innovated and the innovated theme written for a broadcasting program.

Can the Ideas be protected under copyright?

No, an Idea in itself cannot be protected under copyright law. Still, the way an idea is expressed can be saved. Article 3 of the Copyright Law clearly states, “Protection does not extend to mere ideas, procedures, methods of work, mathematical understandings, principles, and abstract facts, but extends to creative expression in any of them.”

This specific exclusion helps maintain the distinction between copyright protection and patent law. Ideas and inventions are the subject matter for patents, while copyright law governs the expression of ideas. If copyright were extended to protect ideas, principles, and devices, then it would be possible to circumvent the rigorous prerequisites of patent law and secure protection for an invention merely by describing the invention in a copyrightable work.

What are the rights available after a trademark is registered?

There are numerous rights available to a copyright holder as enumerated below:

  • Right to market, display, reproduce, and distribute.
  • Right to sell or assign copies in whatever medium.
  • Right to import & export the work
  • Right to create derivative work.
  • Right to perform or display the work publicly
  • Right to transmit or display by radio or the Internet.
  • Right to institute criminal as well as civil proceedings.

What will copyright not protect?

There are some restrictions on what things or material cannot be copyrighted. Such are:

  • Names of products
  • Names of businesses, organizations, or groups
  • Pseudonyms of individuals
  • Titles of works
  • Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
  • Listings of ingredients in recipes, labels, and formulas, though the directions can be copyrighted

Has UAE signed any international treaty for the protection of copyright?

Yes, UAE has signed many international treaties to protect copyright work. Some of the treaties signed are:

  • Berne Convention (April 14, 2004)
  • WIPO Copyright Treaty (April 14, 2004)
  • WIPO Performances and Phonograms Treaty (March 9, 2005)
  • Beijing Treaty on Audiovisual Performances (October 15, 2014)

What is the time period of copyright protection?

Once registered, copyright protection is available for the lifetime of the Author plus 50 years after the death of the Author.

Process of registering a Copyright:

  • Application for Copyright registration – Once all the documents are collected and compiled, including but not limited to the application form, passport copy of the author, and the subject matter of the copyright, then an application is processed to the Copyright department.
  • Receiving Initial Approval – After the registration application is made and all the documents are reviewed, the department issues initial approval within ten days.
  • Receiving Final Certificate of registration – The department reviews the application thoroughly and issues the certificate of registration if they are satisfied with the content.

For more information on the above subject matter or to avail of the services, all the viewers are requested to email at info@awsuwaidi-advocates.com, with the subject line – PRO Services.


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