Saturday 8 April 2023

IPO Guidance on the Gulf Cooperation Council

 Logo of Gulf Cooperation Council

Jane Lambert

On 6 April 2023 the UK Intellectual Property Office ("the IPO") circulated an email headed "Are you a UK business trading in the Gulf Cooperation Council (GCC)? Or thinking of doing so?" to its mailing list, The email announced that the IPO had published guidance to help businesses navigate the IP regimes in each of the six GCC member states providing information on the main IP rights and where to go for further guidance,  It added that the GCC was the UK's 7th largest export market worth £33.1 billion in 2021, that the UK has a longstanding relationship with the GCC, particularly in areas like technology, life sciences, creative industries, financial services and education, and that intellectual property will play a vital role in securing British ambitions in the region.

International IP Service

A button on the email connects to a web page on the British government's website headed Collection International IP Service with the strapline "Protecting your trade marks, patents, designs and copyright abroad" which was first published on 20 Aug 2021 and last updated on 10 March 2023.  It begins with a general observation:

"Intellectual property rights are territorial. You should consider getting IP protection if you want to trade overseas or sell to overseas customers via the internet. Start by developing an international strategy, identifying your markets, business goals and resources."

 I would endorse that advice adding only that an international strategy is an aspect of an IP strategy which is something that every business should develop whether an individual on his or her first day in business or a mighty multinational  (see What is an Intellectual Property Strategy? 19 May 2017 last updated 8 April 2023).  I could help with that as I have many years experience of advising on IP strategy and have written many articles on the topic.

Top Tip

I would also endorse the IPO's "Top Tip":

"Know before you go. Wherever you want to do business, it is important that you understand the steps you should take to protect your IP before entering the market. It is a lot easier to jump over any hurdles before realising it might be too late to act. You will also need to do some research to make sure you’re not infringing someone else’s IP."

Meet the Experts: Yamesh Yaqoob

The next link introduces our IP attachés which are listed on a separate Attaché contact details page.  Our main in the GCC countries is Mr Yamish Yaqoob whose appointment I reported in UK's New Intellectual Property Attache to the GCC on 27 Oct 2021.  The section on Mr Yaqoob states:

"Focus on the GCC: Yamish provides guidance to UK stakeholders in the GCC region on how to effectively protect and manage their IP assets. He also works closely with regional IPOs and official authorities on outreach and awareness raising of the value of IP. Yamish will input on IP in a Free Trade Agreement with the GCC, to further build bilateral cooperation within the GCC on IP practice and policy. Currently, he is also working in close collaboration with the Saudi IP authority on delivering a joint work plan aimed at improving the local IP ecosystem."
IP Country Guides

The International IP Service page links to a list of IP Country Guides.  These include guides on:

Each of those guides was published on 2 March 2023 and follows a similar format.  There are passages on trade marks, patents, designs, copyright, enforcement and sources of further information.

The guidance on the UAE fails to mention the English speaking common law jurisdictions in the Abu Dhabi Global Market and the Dubai International Financial Centre free zones.  I have discussed the DIFC courts extensively in this publication and I introduced the Abu Dhabi Global Market legal system in Abu Dhabi Global Market - Yet Another Common Law Enclave in the Gulf on 22 Feb 2016.  It is worth remembering that the DIFC has its own intellectual property legislation which I mentioned in Introduction to, and Overview of, the New DIFC Intellectual Property Law on 13 Dec 2019.  The DIFC courts have always had jurisdiction to hear and determine breach of confidence and passing off and there seems to be no reason in principle why they should not grant injunctions, delivery up of infringing matter and pecuniary relief for infringements of the DIFC Intellectual Property Law.  Having said that, the Law establishes an Intellectual Property Commissioner with extensive powers to resolve IP disputes.

There is a similar English speaking common law jurisdiction at the Qatar Financial Centre known as the  Qatar International Court and Dispute Resolution Centre which I discussed in Qatar Financial Centre: Civil and Commercial Court Regulations on 28 June 2011 and subsequent articles.  The IPO guidance on Qatar does not mention that court or legal system.

Any member of the Bar of England and Wales in good standing can quickly be granted rights of audience in any of those courts.  The procedural law and practice of all three courts are modelled on the English Civil Procedure Rules.  Much of the substantive law is also modelled on British statutes or codifications of English case law. Some of the litigation is conducted online which means that members of the English bar can represent parties from their chambers in London or even their homes elsewhere in the UK. 

Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 or send me a message through my contact page.