The visual appearance includes the shape, pattern, ornamentation, configuration, colour combinations, and aesthetic appearance of a product. An industrial design protects only the visual appearance of a product. It excludes the technical function. If that specific visual appearance helps with the technical function, then it cannot be registered as a design. The purpose of registration is to prevent unauthorized copying or commercial exploitation of the design.

Legal Framework for Industrial Designs in the UAE

Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights, Part Three specifically lays down rules for industrial designs in the UAE.

Under Article 43 of the Federal Law, the requirements laid down for the protection of industrial designs are:

  1. Novelty: The industrial design must be new. A design is considered new if it has not been publicly disclosed before the filing date of the application through:
  • Publication
  • Use
  • Any public disclosure method.
  1. It should not violate public order and morality.

The law states that if the design was disclosed only one year prior to filing, then it still may qualify for protection.

Article 41 allows multiple designs to be included in a single application if they belong to the same class under the international classification system. Article 42 further states that if a design was first filed in another country, the applicant can claim priority in the UAE.

Rights Granted to Design Owners

The owner can prevent third parties from:

  1. Manufacturing products using the design
  2. Importing infringing products
  3. Selling or offering such products commercially

The owners have protection even if the infringing product is used in a different commercial field.

Exceptions

  1. Educational and scientific research use
  2. Temporary use in foreign transport entering the UAE
  3. Prior good faith uses before the filing date

Industrial Design Registration Process in the UAE

Step-by-step process

The process of registration is done through the UAE Ministry of Economy’s electronic system. The steps of the registration process are:

  1. Login to the Ministry of Economy website.
  2. Select the Industrial Design service.
  3. Fill in the application details.
  4. Upload required documents and drawings.
  5. Pay the application fees electronically.
  6. The application undergoes legal and substantive examination.
  7. The applicant is notified of the examination outcome.
  8. The examiner issues a decision.
  9. Publication formalities are completed.
  10. Registration is approved.
  11. Publication is released.
  12. The Industrial Design Certificate is issued.

Required documents

The documents required for a design registration are:

  1. Drawings or representations of the design
  2. Commercial registration documents
  3. Power of Attorney
  4. Deed of Assignment
  5. Emirates ID copy

The drawings must be submitted in Arabic or English. If there is any missing document, then the applicant has ninety days to complete the application.

Government Fees

The new application fees are AED 1,000 for individuals and AED 2,000 for companies.

Examination and publication

The Industrial Property authority examines the application after the payment of the fees. The authority might request additional documents, clarifications, or amendments. The application should be completed within 90 days or else it will be considered abandoned.

Upon acceptance of the application after thorough examination, the application is published in the Industrial Property Bulletin.

Conclusion

A shape, texture, or any unique appearance of a product might be a huge reason for it standing out amongst other products. The aesthetics of a product now hold high value and importance. What pleases the eye convinces a consumer to buy. Hence, protection of such designs ensures that no one copies and sells products deceptively as the actual owner’s products. UAE Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights supports the UAE’s aim of encouraging innovation and intellectual property protection. Design owners are expected to follow the registration process duly and within the stipulated time while providing all the required documents to get their designs registered and protected.

We at Ayesha Al Dhaheri Advocates and Legal Consultants assist clients in matters relating to intellectual property protection, including industrial design registration, compliance, and enforcement in the UAE.