Designers making use of the Small Claims Tribunal in Dubai

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Jane Lambert

A press release issued by the Dubai International Financial Centre Courts caught my eye with the headline "Designer Courts". It referred to a cooperation agreement between the Dubai Design and Fashion Council and the Dubai Dispute Resolution Authority which was signed on 15 March 2017 "to pave the way for wider adoption of the English language, international law courts system by Dubai’s fast-developing design and fashion sector."

I have not yet found a copy of the agreement but the press release suggests it contains the following provisions:

• "Dubai Design & Fashion Council (DDFC) support opt-in to DIFC Courts through new cooperation agreement with DIFC Dispute Resolution Authority (DRA)
• DIFC Courts Small Claims Tribunal to underpin Dubai’s expanding design and fashion sector through swift, English language dispute resolution
• Agreement lays foundation to explore adding Design IP as a topic for Courts of the Future"

I was particularly interested in the last of those bullet points which refers to "Design IP" because this is the first occasion that I have seen an official document considering the use of the DIFC's English language common law courts as a forum for resolving IP disputes.

Intellectual property is a federal responsibility in the United Arab Emirates and designs are protected by registration under Chapter 3 of Federal Law No. 31 of 2006 Pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs.  The DIFC courts already had jurisdiction in breach of confidence and passing off cases under the DIFC Law of Obligations. The agreement between the DDFC and the DRA seems to extend that jurisdiction with the consent of the parties.

I have already discussed the DRA and the Small Claims Tribunal in my articles dated 27 July 2016 and 20 April 2017.  According to its website

"The Dubai Design & Fashion Council (DDFC) was established by the Dubai Government to raise the profile of Dubai as a regional and global destination for design. Leading the development of a sustainable industry, DDFC provides in-depth market intelligence and helps elevate local and regional talent, enabling the contribution of the creative industries to the development of the Emirate."

Looking through its news and resources pages I am glad to see that the DDFC already gives its members advice and information about intellectual property law.

The press release states:

"As design entrepreneurs start up and compete across the region and beyond, they are reliant on key partnerships for talent, funding and materials. These need to be protected to enable businesses to trade securely and grow. By opting in to DIFC Courts Small Claims Tribunal (SCT) using a standard contract clause, enterprises will benefit from its proven capacity resolve disputes amicably and fast in English, with 85% of cases settled within four weeks."

It is important to stress that the parties must consent to the DIFC courts' jurisdiction.  For licences, distribution, franchising, joint venture and other agreements, the following clause is suggested:

"Any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”)."

For existing disputes, the press release suggests the following:

"Any dispute, difference, controversy or claim arising out of or in connection with [Define Dispute], including (but not limited to) any question regarding the existence, validity, interpretation, performance, discharge and applicable remedies of the underlying contract in dispute, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”)."  

There appears to be no reason why the court should not hear infringement disputes thought perhaps not revocation and invalidity applications without further federal legislation.  That appears to be in the contemplation of the Emirati authorities: "

"Thinking ahead for businesses of the future, DIFC Courts and DDFC will work together to understand the industries needs from a legislative perspective for IP law."

An incentive to opt into the Small Claims Tribunal's jurisdiction is that it offers speedy resolution.  According to the press release:

"Through the award-winning smart SCT, firms with claims can access a virtual courtroom online from anywhere in the world. With the option of serving notice via instant messaging and social media, business owners can now solve legal problems using their smartphones or laptops with minimal interruption even as they travel."

Anyone wishing to discuss this article or design law generally should call me on +44 (0)20 7404 5252 during UK office hours or send me a message through my contact form.

BADIR - Helping SME in Saudi Arabia

Author: Carport
Licence Creative Commons Attribution Share Alike 3.0 unported
Source Wikipedia Commons

Jane Lambert

According to the home page of the BADIR website, "badir" means "to initiate" in Arabic. BADIR is a programme to accelerate the growth of emerging technology businesses in Saudi Arabia.  It is an initiative of the King Abdul Aziz City for Science and Technology (see Saudi Arabia: King Abdulaziz City for Science and Technology 6 Sep 2012 and the video Introduction film about King Abdulaziz City for Science and Technology).

BADIR assists both Saudi and foreign businesses to establish and grow in Saudi Arabia, The services that it offers to Saudis are accelerators, boot camps, incubators and services for inventors.  The services that it offers to foreigners is what it calls "a soft landing" into Saudi  Arabia.

The first accelerator was launched in 2016 with 7 companies and lasted for 4 months.  The programme consisted of workshops, consultations and pitching for seed funding.

Boot camps are are intensive workshops in business modelling, finance, marketing lasting no more than a few days.  Two have recently taken place at Qassim and Riyadh.

There are incubators for advanced manufacturing, biotechnology and information and communications technology, Slightly different criteria apply for acceptance on each of those programmes and slightly different services and facilities are provided.  Incubators are located in Riyadh and Taif.

Help with patenting and commercialization is offered to inventors by BADIR.

BADIR helps established foreign companies with technology that is likely to benefit Saudi Arabia to establish themselves in that country.

Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 during normal British business hours or send me a message through my contact form.

ACDR's First Domain Name Disputes

Jane Lambert

In Arab Center for Dispute Resolution: New Kid on the UDRP Block 20 Oct 2015 I introduced the Arab Center for Dispute Resolution ("ACDR") domain name dispute resolution service. The ACDR is one of five dispute resolution dispute resolution service providers that have been approved by the Internet Corporation for Assigned Names and Numbers ("ICANN") for the resolution of generic top level domain name disputes (see List of Approved Dispute Resolution Service Providers on the ICANN website).

When I wrote my previous article, the ACDR had not resolved any cases.  It has now resolved four:

• Re SimplyBuyAnyCar.com and SimplySellAnyCar.com,  SellAnyCar.com FZE v Motor Expert Car Trading LLC ACDR Case Number A2016-0001 5 July 2016 (Charles Sha'ban);
• Re mbc3games.net, MBC FZ-LLC v Daoud ACDR Case Number A2017-0001 23 July 2017 (Charles Sha'ban);
• Re mbc7elm.com, MBC FZ-LLC v Wegner  ACDR Case Number A2017-0002 19 Nov 2017 (Deema Abu-Zulaikha); and 
• Re wecashanycar.com, SellAnyCar.com FZE v Chand ACDR Case Number A2017-0003 5 Feb 2018 (Nathalie Dreyfus, Debrett Lyons and Charles Sha'ban).

There have been two complainants, SellAnyCar.com FZE and MBC both of which have been represented by Al-Tamini & Co.  The first three cases have been successful but the fourth failed.

For further information on domain name disputes see Domain Name Disputes  on NIPC Branding.  if you are a brand owner and wish to evict a cyber squatter, see Evicting a Cybersquatter using the UDRP 18 July 2017 NIPC Branding. If you are accused of cyber squatting, see Resisting Eviction under the UDRP 19 July 2017. Call me on +44 (0)20 7404 5252 if you wish to discuss this article or domain name dispute resolution in general or send me a message through my contact form.

The Abu Dhabi Global Market Courts hear their First Case

Jane Lambert

In Abu Dhabi Global Market - Yet Another Common Law Enclave in the Gulf 22 Feb 2016 I reported that Abu Dhabi had set up its own financial centre known as Abu Dhabi Global Market with its own English language common law courts.  I can now add that the Court of First Instance has heard its first case.

The Court heard for an application for interim declarations brought by the claimant Afkar Capital Ltd, against Saifallah Mohamed Amin Mahmoud Fikry (see  Afkar Capital Limited v Fikry [2017] ADGMCFI 1). Both sides were instructed by English counsel and the application came on before Sir Andrew Smith.

Sir Andrew refused the application for three reasons. The first was that the application raised issues that could only be determined at trial. The second was that the action was due to come on for trial early in the New Year. Interim declaratory relief would only marginally benefit the claimant but could result in injustice for the defendant.   Thirdly, an interim declaration would serve no practical purpose.

Anyone wishing to discuss this case or the Abu Dhabi Global Market Courts generally should call me between 08:30 to 18:30 London time on +44 (0)20 7404 5252 or send me a message through my contact form.