IP Provisions of a Free Trade Agreement between the Gulf Cooperation Council and the UK

By Commander Leroy Chiao - NASA website, Public Domain,
https://commons.wikimedia.org/w/index.php?curid=397518

 

Jane Lambert

Negotiations for a free trade agreement between the British government and the Gulf Cooperation Council have been underway since 2022.  According to the Minister of State for Trade Policy and Economic Stability, negotiations have covered services, investment and digital technologies as well as trade in goods (see Free Trade Agreement with the Gulf Cooperation Council (GCC): Update on Continuous Negotiations Statement made on 18 December 2024 Statement UIN HCWS333).

In June 2022, shortly before the negotiations began, the Department for International Trade published UK-Gulf Cooperation Council Free Trade Agreement UK’s Strategic Approach.  Although it was the work of the previous government, that publication has never been revoked, superseded or amended.  It is therefore reasonable to suppose that it reflects the present administration's thinking.

Chapter 3 sets out the government's objectives, which include:

"Intellectual property 

• Protect the UK’s existing IP standards. 
• Ensure rights holders receive protection and fair remuneration for the use of their works abroad, whilst ensuring reasonable and fair access for consumers. 
• Achieve an effective balance between rewarding research and innovation, whilst refecting wider public interests such as ensuring access to medicines. 
• Secure adequate protection for brands and design intensive goods, whilst keeping the market open to fair competition. 
• Promote the accessible, transparent, effective, and effcient enforcement of IP rights, including for online IP infringement, and facilitate cross-border collaboration on IP matters.
• Promote cooperation on an approach on geographical indications which ensures consumers are not misled about the origins of goods, while ensuring they have access to a range of products. 
• Promote provisions which take account of emerging opportunities and challenges in the digital age.
• Ensure consistency with the UK’s existing international obligations, including the European Patent Convention, to which the UK is party to."

An inkling of the provisions that could be agreed is indicated by art 5.1 of the Free Trade Agreement between the European Free Trade Association and the Gulf Cooperation Council Member States:

"ARTICLE 5.1 

Protection of Intellectual Property Rights 

1. For the purpose of this Chapter, "intellectual property" comprises copyright, including copyright in computer programmes and compilations of data, as well as neighbouring rights, trademarks for goods and services, geographical indications, industrial designs, patents, plant varieties, topographies of integrated circuits, as well as undisclosed information within the meaning of Article 39 of the WTO Agreement onTrade-Related Aspects of Intellectual Property Rights (hereinafter referred to as “theTRIPS Agreement”). 

2. The Parties shall ensure adequate, effective and non-discriminatory protection of intellectual property rights, including effective means of enforcing such rights against infringement thereof, in accordance with the provisions of this Chapter. 

3. Each Party shall accord to the nationals of the other Parties treatment no less favorable than that it accords to its own nationals with regard to the protection of intellectual property rights. Exemptions from such obligation must be in accordance with exceptions provided for under Articles 3 and 5 of the TRIPS Agreement. 

4. The Parties shall grant to each other’s nationals treatment no less favourable than that accorded to nationals of any other country. Exemptions from this obligation must be in accordance with the provisions of the TRIPS Agreement, in particular Articles 4 and 5 thereof.

 5. The Parties agree, upon request of any Party to review this Chapter in the Joint Committee in order to avoid or remedy trade distortions and to improve the level of protection. If problems in the area of intellectual property protection affecting trading conditions were to occur, urgent consultations shall take place in the Joint Committee at the request of a Party, with a view to reaching mutually satisfactory solutions. 

6. The Parties shall not later than two years after the entry into force of this Agreement conclude negotiations on an Annex containing further provisions on the protection and enforcement of intellectual property rights. "

As I argued in DIFC IP Law Update 2025 on 24 Jan 2025, the DIFC Intellectual Property Law (DIFC Law No. 4 of 2019) appears to provide a high level of protection for intellectual property owners who fall within the jurisdiction of the DIFC courts.  They have the option of complaining to the Commissioner of Intellectual Property under art 59 (3) (a) of the IP Law and art 2 of The DIFC Intellectual Property Regulations or bringing an infringement action in the Court of First Instance. Where it is not possible to persuade a local licensee or other contracting party to accept English law and the jurisdiction of the English courts, a DIFC choice of law and jurisdiction clause would be the next best thing.

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

Enforcing Intellectual Property Rights in the DIFC

 

Jane Lambert

On 14 Nov 2019, the Ruler of Dubai proclaimed the DIFC Intellectual Property Law (DIFC Law No. 4 of 2019) ("the IPL"). That legislation does not create a separate body of intellectual property rights for the Dubai International Financial Centre ("DIFC"). It provides for the enforcement of rights subsisting under Emirati federal law in the financial centre.  I have discussed the IPL in the following articles:

• Introduction to, and Overview of, the New DIFC Intellectual Property Law on 11 Dec 2019; 
• The New DIFC Intellectual Property Law - Patents and Utility Certificates on 9 Jan 2020;
• The New DIFC Intellectual Property Law - Designs on 7 June 2020; 
• The New DIFC Intellectual Property Law - Copyright and Neighbouring Rights on 28 June 2020;
• The New DIFC Intellectual Property Law - Trade Marks and Trade Names on 20 Sept 2020; and
• DIFC Trade Secrecy Law on 7 July 2021.

One of the most interesting provisions of the IPL is the establishment of a Commissioner of Intellectual Property ("the commissioner").  Art 5 of the enactment provides that the IPL and any legislation made for the purpose of that law shall be administered by that commissioner.  He or she has very extensive powers under art 59 of the IPL.

In accordance with art 56 (1) of the IPL, the President of the DIFC has appointed Dr Tarek Hajjiri as the DIFC's first commissioner.   He has been interviewed on Al-Tamimi & Co's YouTube channel (see Mariam Sabet interviews Dr Tarek Hajjiri, Senior Vice President - #INTA202). One of his most important functions is

"receiving and deciding on all complaints or disputes filed in connection with the Law in the DIFC, and imposing fines for non-compliance with this Law and any related Regulations"

under art 59 (3) (a) of the IPL.  Pursuant to art 60 (1) of the law, the DIFC's directors have made the Intellectual Property Regulations ("IPR") to assist him in exercising that function.

Complaints filed with the commissioner must contain the following information:

"(a) full name, address and capacity of the Complainant;
(b) the name and details of the Respondent;
(c) the details of the complaint;
(d) a detailed statement of the alleged facts which the Complainant believes gives rise to the complaint; and
(e) the relief sought by the Complainant."

The complaint should be  supported by the following documents:

"(a) proof of ownership of intellectual property rights or the right to claim protection pursuant to such ownership, which may include patent registration certificates, trademark registration certificates and agreements evidencing ownership; 

(b) if a complaint is filed on behalf of the owner of the intellectual property or the holder of intellectual property rights, a suitable power of attorney; 

(c) any documents or other evidences, including witness statements, confirming that the infringement, misappropriation or conflict occurred within the DIFC; 

(d) proof of payment of the fees in accordance with Regulation 2.3; and 

(e) an undertaking to cover any costs and expenses incurred by the Commissioner (or his delegate) to investigate the complaint."

Unless the commissioner is of opinion that notifying a respondent of a complaint may pose a risk to the investigation of the complaint or the preservation of evidence relating to the complaint, he must notify the respondent in writing of the details of a complaint filed against him or her, within 10 business days of receiving the complaint or any additional documents, information or other evidence that the commissioner may have requested, whichever may be later.

A respondent has the right to respond to a complaint within 10 business days of receiving it or such other time as the commissioner may allow.  The commissioner should provide the complainant with a copy of the response together with any supporting documents on which the respondent may rely.  The complainant may then file a reply to any further points raised by the Respondent in his or her response. Any such reply must be filed by the complainant within 10 business days of receiving the respondent’s response from the commissioner or such other time as the commissioner may allow. The commissioner must provide the respondent with a copy of any reply that may be submitted by the complainant.

The commissioner may invite one or more of the parties to a meeting to discuss the dispute if he is minded to issue a direction.  He may also visit the respondent's premises with (or in some cases without) notice to inspect or collect evidence.  The parties may be represented in any of these proceedings by a legal practitioner registered on Part I or Part II of the DIFC Courts' Register of Legal Practitioners. My chambers are listed in Part II of that register and my friend Arann Dowling-Hussey who is also a member of the Irish Bar practises in the DIFC courts.  Other members of the English Bar including intellectual property specialists can qualify easily to practise in the DIFC.

After considering a complaint and completing all the investigations and inspections that the commissioner may deem necessary, he must issue a direction in accordance with art 66 of the IPL and art 3.1 of the IPR. If the commissioner is satisfied that a person has violated the IPL, he may issue a direction with 1 or more of the following measures: 

(i) order the respondent to refrain from the violation and carry out all necessary acts to comply with the IPL; 

(ii) request the DIFC Registrar of Companies to suspend temporarily the respondent's DIFC licence; 

(iii) order confiscation of all materials, goods, tools, machines, equipment, signs and advertisements related to the violation and order the transfer, storage and destruction of the same, at the expense of the respondent; 

(iv) impose fines in accordance with art 66 (1) and Sched 3 of the IPL; or 

(v) in case of a repeated infringement, request the DIFC Registrar of Companies to revoke the DIFC licence of the respondent.   The commissioner may also impose up to double the fines stipulated in Sched 3 pursuant to art 66 (2) of the IPL

If the commissioner is not satisfied that a person has violated the Law, he may issue a direction rejecting the complaint.   Alternatively, if the commissioner is unable to decide whether a violation has been committed, he will issue a direction requesting the parties to refer the matter to the DIFC Court of First Instance ("the court").

Should a respondent fail to comply with a direction the commissioner may apply to the court for an order to compel him or her to do so under art 66 (5) of the IPL  Any person aggrieved by the direction of the commissioner may file a request to the court to review the direction within 15 days of receiving a notice of direction from the commissioner.

My Deputy Senior Clerk, Stephen Somerville, has recently returned from a short visit to Dubai where he met several of my readers including some who practise before the DIFC Courts. He was accompanied by Arran and other members of chambers who were there for Dubai Arbitration Week 2023.  Those members have penned Decree No 34 of 2021 Concerning the Dubai International Arbitration Centre: Two Years On: Some Practical Issues which discusses recent changes to arbitration law in that emirate.

Anyone wishing to discuss my article or any of the topics mentioned in it may call me on +44 (0)20 7404 5252 during UK office hours or send me a message through my contact form.

The New DIFC Intellectual Property Law - Trade Marks and Trade Names

Author Mostafameraji Licence CC BY-SA 4.0  Source Wikipedia Tourism in Dubai

 

Jane Lambert

Last November the Dubai International Financial Centre ("DIFC") enacted a new intellectual property law (see DIFC Intellectual Property Law (Law No 4 of 2019)).  I described its structure in my Introduction to, and Overview of, the New DIFC Intellectual Property Law on 11 Dec 2019 and discussed its provisions relating to patents and utility certificates, industrial drawings and designs and copyrights and neighbouring rights in subsequent articles.  In this article, I discuss the provisions relating to trade marks (arts 43 to 49) and trade names (arts 50 and 51).   There was already an action for passing off under the Law of Obligations which I discussed in The DIFC Law of Passing Off on 7 April 2011.

What is a Trade Mark?

The table in paragraph 3 of Schedule 1 to the IP Law defines a trade mark as:

"any signs or combination of signs or names, words, signatures, letters, numbers, Drawings, Symbols, addresses, Hallmarks, stamps, pictures, vignettes, notices, packages, colour or combination of colours, or any other mark or combination of marks having a distinctive form and used or intended to be used to distinguish goods, products or services. Sound and smell can be considered as trade marks."

That is broadly consistent with art 2 of Federal Law No. 37 of 1992 on Trademarks (as amended by Law No. 19 of 2000 and Law No. 8 of 2002).

Registration
The DIFC Intellectual Property Law makes no provision for registering trade marks in the DIFC.  Instead, art 43 of the Law provides that a trade mark registered under the Federal trade mark law is recognized for the purposes of the DIFC IP Law and is valid and enforceable in the DIFC.  "Federal trade mark law" is defined in the table in paragraph 3 of Schedule 1 as "UAE Law No. 37 of 1992 as amended by UAE Law No. 8 of 2002 and its implementing regulations, any other future amendment or Federal Law with respect to trade marks."  I have already discussed that statute including registration in UAE Trade Mark Law on 20 May 2013.  According to the WIPO, the UAE is not yet a party to either the Madrid Agreement or Protocol.  It appears from Saba Al Sultani and Rob Deans that trade mark law has been harmonized among the Gulf Cooperation Council states but there is not yet a unitary GCC trade mark on the lines of the GCC patent or EU trade mark (see Al Sutani and Read GCC Trademark Law Coming Soon Sept 2014 WIPO Magazine).

Prohibited Marks
The following marks will not be recognized in the DIFC unless they are registered under Federal trade mark law:

"(a) a mark which is not distinctive; 

(b) a mark consisting of a generic name used in relation to goods, products or services; 

(c) a mark that contains one or more familiar drawings or common pictures of goods; 

(d) a mark that is contrary to the public order or morality of the UAE; 

(e) a mark containing the insignia of the UAE, any governmental body in the UAE, flags and other symbols pertaining to the UAE (or any emirate thereof), Arab or international organisations (or any agencies thereof), or any foreign country except with the authorisation of those parties, as well as any imitation of such insignia, flags or symbols; 

(f) a symbol of the Red Crescent or the Red Cross, or any other similar symbol or mark which is an imitation thereof; 

(g) a mark which is identical or similar to a symbol of a purely religious nature; 

(h) a geographical name, where the use thereof may cause confusion as to the origin or source of the goods or services; 

(i) a name, surname, photograph or emblem of a third party, unless his, or his legal successors’, prior consent has been obtained. 

(j) a mark containing a title of honour, where the person applying for registration cannot prove that he is lawfully entitled to its use; 

(k) a mark which may mislead the public or which is identical or confusingly similar to a mark or marks of another party, even though not registered, or which contains false information as to the origin or the source of products or services, or about their other characteristics, as well as a mark containing an imaginary, imitated or forged trade name; 

(l) a mark owned by a person with whom it is illegal to deal with under Federal Law or Dubai Law. 

(m) a mark which, if used for certain classes of products or services, would diminish the value of other products or services distinguished by such mark; 

(n) a mark containing the word or expression: "Patent", "Patented", "registered", "registered Design", "copyright" or "Imitation is forgery" or similar words and expressions; 

(o) a mark containing national and foreign decorations, coins and paper currency; or 

(p) a mark that constitutes a translation or imitation of a well-known mark or the main part thereof or other previously registered mark, where the registration would confuse consumers as to the identity or origin of the goods or services that are distinguished by the mark or similar goods or services" (art 44).

The Commissioner of Intellectual Property ("the Commissioner") may levy a $5,000 fine upon anyone using a mark that falls within sub-paragraphs (d) to (p) pursuant to art 48 (1) and art 59 (see my Introduction to, and Overview of, the New DIFC Intellectual Property Law of 11 Dec 2019).

Well Known Marks
Art 45 (1) of the DIFC Intellectual Property Law protects well-known trade marks of international reputation ("well-known marks") that surpass their country of its origin and acquires fam in a relevant sector among consumers in the UAE. The decision as to whether a mark is or is not a "well-known mark"appears to be one for the court.   In making that decision, art 45 (2) enables the following factors can be taken into account{

"(a) the degree of public knowledge or recognition in a relevant sector; 

(b) the duration, extent and geographical area of use; 

(c) the duration, extent and geographical area of any promotion of the goods or services to which the trademark applies; 

(d) the duration and geographical area of any registrations, or any applications for registrations, to the extent that they reflect use or recognition of the trademark; 

(e) the record of successful enforcement of rights in the trademark, in particular, the extent to which the trademark was recognised as well known by competent authorities; or 

(f) the commercial value associated with the trademark."

Nobody may use a mark that is identical or confusingly similar to a well-known trade mark in the DIFC (art 45 (3)).  Transgressors of this rule can be fined US$15,000 by the Commissioner.  

Owners of well known marks also have the following rights of action under art 45 (4) and (5):

• the right to prevent any party from using in the DIFC identical or confusingly similar marks, to distinguish goods or services that are not identical to those in respect of which, the well-known trade mark is registered, if: 
• the use of the mark indicates a possible connection between goods or services and the owner of the well-known trademark; and 
• the interests of the owner of the well-known trade mark are likely to be damaged by such use; and
• the right, to prevent another person’s commercial use of a mark or trade name in the DIFC, if such use began after a well-known trade mark has become well-known and the use of the mark or trade name causes dilution of the distinctive quality of the well-known trade mark.

The Commissioner can fine anyone using a trade mark in a way that may cause dilution to a well-known trade mark US$15,000.

Trade Mark Owner's Rights of Action
Art 46 confers upon the proprietor of a trade mark that is registered in the United Arab Emirates the exclusive right to exclude others from the import, export, use, sale, offer for sale, advertising, transit, distribution or use in any manner of goods or services distinguished by an identical or confusingly similar trade mark 

Defences
Art 49 provides that the following acts shall not infringe a trade mark or well-known mark:

"(a) to indicate the intended purpose of the goods or a service related thereto, provided that such use is necessary and in good faith;
(b) in news reporting, news commentary or parody; or
(c) by another person in comparative commercial advertising or promotion to identify competing goods or services, provided that such use is in good faith and in accordance to honest practices in commerce."

Should a defendant allege that the trade mark in suit is invalid or should be cancelled for other reasons, art 48 (2) requires him or hee to must issue proceedings in a court with jurisdiction to cancel the registration and satisfy the DIFC court that there are clear and solid grounds for such proceedings.  If he or she does so, the infringement proceedings in the DIFC will be stayed until the court of competent jurisdiction has ruled on the cancellation claim.  If the defendant does not do so, the infringement proceedings in the DIFC will continue.

Punishable Infringements
The following infringements are punishable with the following fines:

• US$30,000 for "counterfeiting or imitating" a registered trade mark, or a well-known trade mark, with the intent or effect of misleading the public (art 48 (1) (b));
• US$25,000 for unlawfully using a registered trade mark or a well-known trade mark without the proprietor's consent (art 48 (1) (c));
• US25,000 for unlawfully using a trade mark that is confusingly similar to a registered trade mark with the intent to, or effect of, causing confusion and misleading the public (art 45 (1) (d))'
• US$25,000 for knowingly selling, offering for sale or possessing with purpose of selling goods or services bearing a trade mark, or well-known trade mark, that is counterfeited, imitated or unlawfully used (art 48 (1) (e),

Licensing
Art 47 (1) permits the owner of a trade make by a written instrument, grant a licence to any person to use the trade mark for all or part of the goods or services in respect of which the trade mark is registered.   The owner of the trade mark may also use the mark contemporaneously with the licensee unless otherwise agreed in writing (art 47 (2).  Such a licence is known as a sole licence as opposed to exclusive licences which can be used by the licensee to the exclusion of the licensor and all other persons and non-exclusive licences that can be used by the licensor and any number of licensees.   

A licensee may not assign its rights to any other party, or grant a sub-licence in respect thereof, unless expressly allowed by the terms of the licence agreement (art 47 (3)).

Unless the licence agreement provides otherwise, a licensee is entitled to call on the owner of the trade mark to take infringement proceedings in respect of any matter which affects the licensee’s interests by virtue of art 47 (5) If the owner refuses to act in accordance with a request by the licensee, or fails to do so within two (2) months of being called upon to do so, the licensee may bring such proceedings in his or her own name, as if he or she were the registered owner of the trade mark.

Any act of a licensee in contravention of a licence agreement shall constitute trade mark infringement pursuant to art 47 (4) and may be punished by the Commissioner with a US$30,000 finr.

Trade Names
A trade name is defined in the table to paragraph 3 of Schedule 1 "as every name used in trade to designate particular business and registered with the competent authority."  Art 50 requires of persons registered, incorporated, licenced or permitted to operate in the DIFC to comply with the provisions of the Operating Law (DIFC Law No 7 of 2018) in relation to trade names, and to display such names conspicuously displayed on the façade of their business premises in the DIFC. Failure to display the name in accordance with the law attracts a fine of US$5,000.   Art 51 enables the Commissioner to resolve any conflict between a trade name registered in the DIFC and a trade mark, or a well-known Trademark, which is likely to damage the interests of a person, cause confusion or mislead the public.   Failure to comply with an order of the Commissioner to change a trade name in conflict with a trade mark may be punished with a fine of US$10,000.

False Claims
Art 48 (1) (f) prohibits falsely representing that a mark is registered as a trade mark, or as a well-known trade mark, or making any statement with the intent or the effect of leading others to such a conclusion.  The Commissioner can impose a US$5,000 fine for such misconduct.

Comment
Because DIFC law differs from English and EU trade mark law in a number of important respects, particular care should be taken in drafting a trade mark licence or assignment or a franchising, distribution or other agreement to be governed by DIFC law or likely to affect the DIFC.   Should it be necessary to enforce a trade mark or resist enforcement proceedings in the DIFC courts, members of the bar of England and Wales in good standing can obtain quickly and easily the right to appear before those tribunals. Actions to cancel UAE trade marks will have to be undertaken by Emirati lawyers.

Anyone wishing to discuss this artiucle or DIFC law generally should call me on +44 (0)20 7404 5252 during normal UK business hours or send me a message through my comtact form;  

Introduction to, and Overview of, the New DIFC Intellectual Property Law

Jane Lambert

With its FinTech Hive and Courts of the Future initiative, the Dubai International Financial Centre ("the DIFC") is acquiring intellectual assets in financial, legal and other technologies that require legal protection. Of course, Gulf Cooperation Council patents and Emirati copyrights, trade marks and other intellectual property rights apply as much to the DIFC as they do to any other part of Dubai but those rights have been enforced up to now by the Arabic speaking civil law courts and not by the English speaking. common law DIFC courts. The only intellectual property matters that fell within the jurisdiction of those courts were those relating to breaches of confidence and passing off.

By an enactment notice (the equivalent on a commencement order) dated 14 Nov 2019,  a new intellectual property law, known as Intellectual Property Law DIFC Law No 4 of 2019. came into force on 21 Nov 2019.  The new law consists of 68 articles arranged in 7 Parts plus 3 schedules.  Part 1 (arts 1 to 6) deals with general matters, Part 2 (arts 7 to 16) with patents, utility certificates, industrial drawings and designs, Part 3 (arts 17 to 42) with copyright, Part 4 (arts 43 to 51) with trade marks and trade names, Part 5 (arts 52 to 55) with trade secrets, Part 6 (arts 56 to 65) with a new Commissioner of Intellectual Property; and Part 7 (arts 66 to 68) with remedies and sanctions.  Schedule 1 is concerned with interpretation, Schedule 2 with the laws that have been taken into consideration when drafting this legislation and Schedule 3 with fines for various infringements.

The law was enacted after a consultation which began in March and ended on 17 April 2019.  The consultation document was accompanied by a draft of the proposed law and a response form.  Para10 of the consultation document noted:

"Intellectual property rights are increasingly becoming the most important intangible assets of any business. In addition, technology and innovation are the driver for investment in today’s business. In DIFC, the growing interest in technology and innovation in the financial sector, has translated into the recent establishment of the first FinTech related accelerator - FinTech Hive."

Para 12 added that the purpose of the new law was to enable the DIFC to be a safe environment for creativity and innovation and to enable DIFC entities to protect their intellectual property rights within the DIFC. Para 17 adds that the proposed law recognizes the UAE registered trade marks, patents, utility certificates and industrial designs and drawings and does not require separate registration in the DIFC. It is aligned with the UAE federal laws relating to IP, and focuses only on the enforcement of IP rights in the DIFC.

Art 3 (1) of the Law provides that the enactment applies in the jurisdiction of the DIFC. By virtue of art 3  (2), it applies to any person who owns or claims ownership, uses or attempts to use, or who seeks to enforce or protect an intellectual property right, or any part thereof, in the DIFC. However, art 3 (3) makes clear that law applies to any person who owns or claims ownership, uses or attempts to use, or who seeks to enforce or protect an intellectual property right, or any part thereof, in the DIFC. Art 7 recognizes any patent or utility certificate that is valid under federal IP law  Similarly, art 14 recognizes as valid any drawing or industrial design that is valid in the UAE,  Correspondingly, art 43 recognizes federal trade marks.  Slightly different arrangements are made for copyrights and related rights. Art 17 provides:

"Notwithstanding Article 19, a Work recognised as subject to copyright protection under the Federal Copyright Law is recognised as valid for purposes of this Law and is protected and enforceable in the DIFC"

However, art 18 and subsequent provisions appear to create an independent DFIC copyright.  Curiously, Part 5 seems to establish a DIFC trade secrets law without any reference to art 37 of the Law of Obligations which covers the obligations of confidence. Nor is there ant reference to art 38 of that Law which provides for passing off.

The most interesting provisions of the new Law relate to the Commissioner of Intellectual Property, Art 5 provides that the Law and any legislation made for the purpose of that Law shall be administered by the Commissioner. He or she has very extensive powers under art 59:

"(1) The Commissioner of Intellectual Property has such powers, duties and functions as conferred on him under this Law and any Regulation made under this Law and shall exercise such powers and perform such functions in pursuit of the objectives of this Law and the Regulations.
(2) In performing his functions and exercising his powers, the Commissioner of Intellectual Property shall pursue the following objectives:

(a) to promote greater awareness and public understanding of intellectual property and the requirements of this Law and the Regulations in the DIFC, and
(b) to promote good practices and observance of the requirements of this Law and the Regulations by the registered entities in the DIFC. 

(3) Without limiting the generality of Article 59(1), such powers and functions of the Commissioner of Intellectual Property shall include:

(a) receiving and deciding on all complaints or disputes filed in connection with the Law in the DIFC, and imposing fines for non-compliance with this Law and any related Regulations;
(b) coordinating with the UAE Federal and Local authorities on facilitating and promoting protection of intellectual property rights for DIFC persons;
(c) preparing or causing to be prepared in a timely and efficient manner;

(i) draft Regulations;
(ii) draft standards or codes of practice; and
(iii) guidance; reasonably required to enable him to perform his statutory functions; 

(d) submitting such draft Regulations, draft standards, and draft codes of practice to the DIFCA Board of Directors for approval and advising it of any guidance that is issued;
(e) making recommendations to the DIFCA Board with respect to fees, procedures and executive regulations for the Commissioner of Intellectual Property, which the DIFCA Board may promulgate;
(f) employing and appointing persons on such terms as he considers appropriate to assist him in the exercise of his powers and performance of his functions;
(g) where he considers it appropriate to do so, delegating any of his functions and powers; as may more efficiently and effectively be performed by officers and employees of the Commissioner of Intellectual Property, and with the approval of the DIFCA Board of Directors, either generally or in relation to any particular matter, to any other person.
(h) prescribing forms to be used for any of the purposes of this Law or any legislation administered by the Commissioner of Intellectual Property;
(i) acquiring, holding and disposing of property of any description;
(j) making contracts and other agreements;
(k) with the prior consent of the President and Board of Directors of the DIFCA, borrowing monies and providing security for such borrowings;
(l) exercising and performing such other powers and functions as may be delegated to the Commissioner of Intellectual Property by the Board of Directors of the DIFCA pursuant to the provisions of this Law, and
(m) assisting in complying with the United Arab Emirates’ obligations under any international treaty or other agreement to which the United Arab Emirates is a party through the exercise of his powers and functions. 

(4) The Commissioner of Intellectual Property has power to do whatever he deems necessary, for or in connection with, or reasonably incidental to, the performance of his functions.
(5) In exercising his powers and performing his functions, the Commissioner of Intellectual Property shall act in an independent matter."

The Commissioner shall have wide powers under art 66 to deter or punish infringements of rights subsisting under this legislation.  These powers shall be without prejudice to the power of the DIFC courts to grant injunctions and award damages pursuant to art 67 (1) of the new law   There is a right of appeal to the DIFC courts from decisions of the Commissioner under art 68 (1).

Over the next few months, I shall study in detail the IP provisions relating to patents, designs, trade marks and other IP rights.  In the meantime, anyone wishing to discuss this enactment or IP law in the United Arab Emirates generally should call me on +44 (0)20 5404 5252 or send me a message through my contact form