Protecting Your Intellectual Property in the UAE with Alketbi

At Alketbi, we are a team of pragmatic, creative, and experienced professionals who are dedicated to finding exceptional opportunities and effective mechanisms to safeguard your intellectual property. Our primary focus is on providing specialized services in Trademark Registration, Patent Registration, Licensing, Trademark Search, Trademark Prosecution, Assignment matters, and other related areas in the UAE.

Alketbi team specialize in handling a wide range of concerns related to intellectual property, and our team can make a significant difference in ensuring that your ideas and inventions receive the protection they deserve. We are committed to providing a comprehensive Trade Mark Registration service by leveraging the expertise of our experienced team to guide you through the process of registering your trademarks, copyrights, and patents in the UAE.

Registration of Trademarks, copyrights, and Patents

We at Alketbi are pragmatic, creative, capable, and experienced in finding outstanding opportunities and mechanisms to protect your intellectual property. We specialize in Trademark Registration, Patent Registration in UAE. Licensing. Trademark Search, Trademark Prosecution, Assignment matters, and more.

We believe that freedom of operation from IP claims is at the heart of a business. We also believe that intellectual property needs to be clarified so that all our clients can make strong business decisions with regard to their most important business assets. We actively help our clients achieve their commercial aims, advising on effective intellectual property, protective measures, and providing suggestions for practical solutions.

Alketbi specializes in handling a wide variety of concerns related to the handling of your intellectual property. Our team can make a huge difference in the protection of your ideas and invention receives. We are dedicated to providing a comprehensive Trade Mark Registration service by combining the skills of our experienced team who can advise you on how to register trademarks, copyrights and patents in UAE.

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Intellectual Property Litigations

In case a potential infringement or dispute arise, we have considerable experience in enforcement proceedings with the relevant government departments and the UAE civil and criminal courts. Our dispute resolution team in the UAE, with rights of audience before the UAE courts, as well as the DIFC Courts, we present our clients with the full spectrum of options should a dispute arise.

Our team has successfully protected and enforced the clients' interests in high-stakes litigation and counselling. Our team has the experience and knowledge to handle any matter with IP implications, and specializes in matters involving patents, trade secrets, trademarks, copyrights. We represent both Intellectual Property owners and accused infringers in every key intellectual property litigation court in UAE

The breadth of knowledge gained from our experience enables us to provide well informed and practical advice, addressing international requirements and standards, while addressing specific laws, regulations, practices and market customs of the UAE.

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Advice on Branding

Our team of skilled professionals offers strategic guidance on brand development, commercialization, and protection for businesses. A company's brand is often one of its most valuable intellectual property assets, and we understand the importance of safeguarding it. Our experienced specialists work closely together to provide clients with seamless, coordinated advice on managing and protecting their brand portfolios

We provide comprehensive trademark law services, including trademark clearance, registration, maintenance, licensing, and associated rights like design rights. As trusted advisors, we help our clients protect, monetize, and enforce their brands and trademarks, minimizing risks and maximizing their brand value and identity.

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News & Insights

SHARJAH'S REAL ESTATE REVOLUTION: NAVIGATING THE NEW LEASING LAW FOR A PROSPEROUS FUTURE

Bini Saroj In a significant move to modernize and regulate the real estate leasing landscape, Sharjah has is planning to introduce a new law aimed at updating the existing regulations concerning the rights of landlords and tenants, as well as the buying and selling of properties within the Emirate.   Sharjah: This development was discussed and approved by the Sharjah Consultative Council (SCC) during its sixth meeting of the first regular session of the eleventh legislative term, under the chairmanship of Dr. Abdullah Belhaif Al Nuaimi.   Objectives of the New Leasing Law Expanding on the recent developments in Sharjah's real estate sector, the introduction of the new leasing law will mark a significant stride towards enhancing the regulatory framework governing the relationship between landlords and tenants. This legislative overhaul shall not only aims to modernize the existing rules but also to align Sharjah's real estate practices with international standards, thereby fostering a more robust, transparent, and equitable market environment.   Key Highlights The draft law, slated for implementation in 2024, is a comprehensive update to the regulations that have been in place since 2007. It reflects a meticulous effort to address the evolving needs of the real estate market in Sharjah, ensuring that the legal framework keeps pace with the rapid developments and changing dynamics of the sector.   1. Landlord-Tenant Relationship: The law shall introduce detailed provisions aimed at regulating the interactions between landlords and tenants, ensuring clarity and fairness in leasing agreements. It emphasizes the rights and obligations of each party, aiming to prevent disputes and promote a harmonious living and business environment.   2. Real Estate Transactions: By covering aspects of buying, selling, and other real rights related to properties, the legislation shall seek to streamline real estate transactions, making them more transparent and secure for all parties involved. This is expected to boost investor confidence and attract more investment into Sharjah's real estate market.     3. Economic Substance and Attraction: The law is designed to enhance Sharjah's attractiveness as a destination for tourists, investors, and residents alike. By establishing a clear and efficient legal framework for real estate leasing, Sharjah aims to position itself as a leading choice for those seeking to invest or reside in the UAE.   4. Implementation and Compliance: The legislation outlines the roles of various government departments and agencies in overseeing the implementation of the law, ensuring compliance, and providing guidance to stakeholders. This collaborative approach is intended to facilitate a smooth transition to the new regulations and support the ongoing development of the real estate sector.   5. Future Amendments and Updates: Recognizing the dynamic nature of the real estate market, the law includes provisions for future amendments and updates, allowing for flexibility and adaptability to new trends and challenges that may arise.   In Conclusion The drafting of this new real estate leasing law in Sharjah represents a proactive approach to governance and legislative development within the Emirate. By addressing key areas of concern and opportunity within the real estate sector, Sharjah is not only enhancing its legal and regulatory landscape but also reinforcing its commitment to creating a stable, attractive, and competitive market for investors, residents, and businesses. This legislation is a testament to Sharjah's vision of becoming a leading real estate hub in the region, characterized by innovation, sustainability, and economic vitality.   ALKETBI TOUCH: Our team of professionals is can offer valuable insights into the opportunities and challenges presented by the new regulatory landscape. Our guidance not only helps companies mitigate risks but also enhances their reputation and competitiveness in the market. If you request further guidance or you have concerns and queries, Let us know!

Trademark enforcement in UAE

The owner of a duly registered trademark can file administrative governmental action or a court action, i.e., a criminal action or a civil action.Administrative actionThe IPPD at the Ministry of Economy and/or the DED in the UAE have the authority to enforce IP rightsThe available remedies for administrative actions are:• Fines to be determined by the Dubai DED, and to the destruction or confiscation of the infringing products. Criminal actionIn Dubai, the economic development at Dubai police is dedicated to infringement cases:• Upon filing a complaint, the police officers will investigate and check whether the infringing products are available or not;• The public prosecution will carry out the necessary investigation and take the testimonies of the parties. It will refer the matter to the Dubai court of first instance to follow the same procedure as a criminal case.The available remedies for criminal actions are:• Fines from AED 50,000 to AED 1,000,000, and/or• Imprisonment up to one year• The destruction of the infringing products Civil actionsThe claimant must file the civil lawsuit along with all the supporting documentary evidence, and, in response, the infringing party must submit a counterstatement along with their evidence. Thereafter, the court will hold several hearings, and the parties will be allowed to submit their written memorandums and pleadings.The available remedies in civil actions include:• The precautionary measures and attachment• Destruction of counterfeit or infringing products• Compensation for the damages resulting from the trademark infringement• Closure of the infringing business, and • Publication of the judgment

When is copying a copyrighted work justified?

A fair use exception to a creator's rights that allows for the restricted use of copyrighted material without the author's permission. The fair use principle prevents a rigorous application of copyright law, which would be counterproductive to copyright's main objective of fostering creation. In UAE Article 23 of the legislation defines 'fair use' as the reproduction of a work. In certain circumstances, the law allows for the copying of a copyrighted work without infringing on an author's intellectual property rights. Which means that the author cannot stop a copyrighted work from being published in publications, such as periodicals or newspapers, or by broadcasting companies if it fits into one of the following categories. 1. Making a single copy of a copyrighted work for exclusively personal use, with some exceptions for specific works. 2. Reproduction is a necessary and accidental component of the work's digital transmission between parties. 3. The relevant work is transmitted or broadcast by a person who is permitted by the lawful owner or by law to make the reproduction. 4. Reproduction is necessary and incidental to carrying out a legal action, and it is done in such a way that the copy is automatically deleted and cannot be recovered. Therefore, Current-events-related extracts, Debate Publication, Public Opinion, and Reporting on current events are all examples of Fair Use under the UAE Copyright Law.

Privacy is the New care!

Following The General Data Protection Regulation (GDPR) in EU and the Confidentiality of Medical Information Act ("CMIA") in the USA, UAE enacted Federal Law No. 2 of 2019 (Health Data Law) in February 2019, which governs the use of information technology and communications (ITC) in the healthcare sector-hence for the first time focusing on sector-specific Data protection.   What is Heath Data under the law? Any "visual, audible or readable indication, and that may be attributed to the health sector, whether related to the health or insurance facilities or to the health services beneficiaries." This implies that details such patient names, dates of birth, and other data gathered during consultations and other medical procedures will be considered to be "health data."   Who does it affect? The Health Data Law applies to all entities operating in the uae and Free Zones that provide healthcare, health insurance, healthcare IT, and other direct or indirect services linked to the healthcare sector, as well as those engaged in activities involving electronic health data management (Health Service Providers).   What Should the Healthcare Organizations do? Healthcare organizations should start thinking about how they'll comply with the Health Data Law. A feasible first step for organizations would be to perform a data discovery exercise to compile an inventory of all data that falls under the law's purview. Organizations will also need to make modifications to their policies, and systems in order to comply with the law.   1. Perform a data mapping exercise. Starting with a data mapping exercise, we will be able to understand exactly where an organization stands when it comes to collecting and storing patient data. This pretty simple activity can demonstrate, the following points: • The origin and information regarding data that is collected, processed, stored, and transferred. • Why was the information gathered in the First Place? Is it essential to gather the information? • How will it be stored and transferred? • Are the Data Handlers aware regarding the requirement of confidentiality? • With who do you disclose the personal information of the patient?   2. Determining the Legal Basis for Personal Data Processing The legal bases for processing personal information is to safeguard a patient’s right to privacy, and any organization processing personal data should have processes in place to ensure the following: • Personal Data is processed by obtaining informed consent from the patient • Personal data processing is required for medical reasons. • Personal data processing is required for legal or security reasons. • For the interests of scientific, historical, archival, and statistical research • Personal data processing is required for data handlers to comply with the law. • Any other instances that the Executive Regulation may emphasize in the future   3. Creating a Consent Mechanism and Appropriate Policies Consent is used as a legal basis for processing, and an organization must comply with all consent standards. The right use of language is key, and obtaining proper consent has become even more important as a result of the new law. Not only must the wording used to request consent be explicit, but it must also be tailored to the purpose for which we intend to utilize the data collected. It ensures that all data subjects whose information is being collected are fully aware of the processing activities that will be carried out on their behalf. Furthermore, it allows to specify the intended purpose and manner of processing data. Simply training data subjects on these issues can make a significant difference in the company's overall data compliance.   4. Create a procedure for dealing with data breaches. This is going into "worst-case scenario" territory, but it's critical to have a robust data breach procedure system in place. With this in mind, all relevant personnel must be aware of their specific roles in launching a counter-response to the data breach. And only if an organization has a complete, detailed, and successful data breach response plan in place will it be able to comply with the regulations of data protection.   Conclusion: The Health Data law is the starting point for data protection in the healthcare industry and businesses in healthcare should be aware that patient data and other types of data that are commonly recognized as sensitive personal data in other parts of the world must be considered more carefully in UAE than in the past and each organization has to implement processes in place that make compliance to the law more systematic.

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