Demand for English Legal Services in the Gulf

Author Masterdeis Licence CC BY-SA 3.0  Source Wikimedia Commons

 

Jane Lambert

For many years, the members of the Gulf Cooperation Council and neighbouring states have been a large and growing market for British goods and services.  To support suppliers of those goods and services, many British law firms and some chambers have established a presence in the region.  The Dubai International Financial Centre, Abu Dhabi Global Market and the Qatar Financial Centre have set up English-speaking common law courts to resolve disputes within their jurisdictions.

I have been following those developments in this publication for over 15 years.  Stephen Somerville, one of our most senior staffers, has made several visits to Dubai to promote the services of our members.

It goes without saying that the current hostilities in the region are bad for business, and the longer they continue, the more difficult it will be.  Much will depend on the outcome.  For instance, whether the US and Israeli forces break Iranian resistance or harden it and the type of regime that eventually emerges in Tehran.   In that regard, it must be remembered that countries have interests and that a more liberal successor to the present theocracy may not have altogether different ambitions.   Russia can no longer be described as a socialist state, but its conduct in international affairs is not very different from that of the former Soviet Union.  

For the moment, the courts continue to sit.  Both the DIFC and the ADGM courts have delivered judgments since 28 Feb 2026.  I am reminded of an observation by Sir Robin Jacob when he spoke in Leeds last month (see Robin Jacob Visits Leeds 1 March 2026 NIPC Yorkshire).  He said that while Adolf was pounding the United Kingdom, the House of Lords was deciding King Features Syndicate Inc. v Kleeman (O. & M.) Ltd, [1941] A.C. 417 | [1941] 2 All E.R. 403 | [1941] 5 WLUK 46.  That case moulded product design law in the UK and much of the Commonwealth until 1989.   In some areas of the law, such as frustration of contracts and force majeure, there may even be an uptick in work in the short term, as there was in London immediately after Suez.  

I shall continue to monitor developments and report the more significant ones here.  Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 during office hours or send a message through my contact form at any time.

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.

Why is there no longer a British IP Attaché to the Gulf Co-operation Council?

Author IJA Public Domain Source Wikimedia Commons

British EmbassyAbu Dhabi

 

Jane Lambert

The UK Intellectual Property Office has published a Linkedin newsletter called IPO Overseas,  It is about the UK's network of overseas IP attachés, trade experts and UK-based policy teams.  The latest issue, which was published on 26 July 2024, is entitled "IPO's Middle East and North Africa ('MENA') International Team.,  Although the subtitle is "How our IP Attaché network can help you do business with the Middle East and North Africa" the publication features an interview with  Ben Llewellyn-Jones, IPO’s Director of Business and International Policy and not with an attaché.

The British government used to have an attaché to the Gulf Cooperation Council ("GCC"), On 27 Oct 2021 I wrote that HM government signalled the importance of the GCC as a trading and investment partner by appointing Yamish Yakoob as its first Intellectual Property Attaché to the bloc in UK's New Intellectual Property Attache to the GCC.  I based my article on the IPO's Case Study IP Attaché: Yamish Yakoob, Gulf Cooperation Council of 7 Oct 2021 which was apparently withdrawn on 27 March 2024.  No explanation has been given for the withdrawal.  Mr Yakoob is still at the British embassy in Riyadh but his new job title is "Retail, Food & Drink @ British Embassy." His LinkedIn page indicates that he started that job in April 2024.

In his interview, Mr Llewellyn-Jones said that the GCC is this country's 4th largest non-EU trading partner after the USA, China and Switzerland and that British trade with that region is worth around £59 billion.  He indicated that the government is negotiating a free trade agreement with the GCC.  He mentioned that UK businesses can face a number of challenges when registering and protecting their IP in the Middle East. These can range from the need to take effective action against trade mark infringement to high registration fees.

Mr Llewellyn Jones encouraged British businesses to use the IPO's international team: The team knows that local IP systems can be difficult for some to navigate even if a business has registered its IP in the UK with the IPO. He said:

“This is where our international team can help with their local knowledge”, said Ben. “We can help to guide businesses through these IP systems, guide you through what to expect and support you as you build your business overseas”

His top tips were:

• "If you're looking to trade in MENA and the GCC, include IP as part of your market research or export plan
• Do your due diligence and check, for example, if someone already registered a trade mark that is the same as yours. If you're not sure, we'll have a complex portfolio of IP rights and legal experts who will be able to help you.
• Finally, if your IP is an important part of your business value, register your rights as soon as you can!"

The British government has published further guidance and information on doing business and the IP issues that arise in the Middle East which is not linked directly to the IPO's newsletter.   However, I incorporated that guidance and information and combined it with my own in IPO Guidance on the Gulf Cooperation Council on 8 April 2023.

One resource that the IPO does not mention and perhaps should is that there are English-speaking common law courts in Dubai, Abu Dhabi and Qatar.  Each of those courts has judges who practised in the UK or other Commonwealth common law jurisdictions and all members of the Bar of England and Wales can qualify easily to appear before them.  If a British company is thinking of licensing its technology, distributing its goods or franchising its services in the region it may find advantages in choosing the law of one of those legal systems as the proper law and its courts as the forum for future dispute resolution. 

This is an area in which my chambers have some expertise.  Colleagues who practise other areas of law already appear before those courts.  Last year, Stephen Somerville, our first deputy senior clerk visited Dubai and he has been sufficiently encouraged by that visit to make a second trip later this year.   Anyone interested in using our expertise and connections should contact me on +44 (0)20 7404 5252 during UK office hours or send me a message at other times through my contact page.

How will the Blockade of Qatar affect IP Law in the GCC Countries?

Jane Lambert

Severing diplomatic relations, expelling a state's nationals, closing a land border and airspace are steps that fall only a little way short of war. It is remarkable that those steps have been taken by two of the parties to the Gulf Cooperation Council ("the GCC") against a third since the GCC had achieved a high degree of political and economic integration.

One aspect of that integration is the GCC patent which is actually a unitary patent for the member states of the GCC - something that the member states of the European Union have yet to achieve. GCC patents are issued by the GCC Patent Office which I discussed in Patents: Gulf Cooperation Council on 21 Jan 2011. A subtitled video on YouTube explains how the Office works.  According to its website, the GCC Patent Office has granted 5,721 patents as of today. That may not be a huge number when compared to the output of the Chinese, Japanese, US, Korean or European intellectual property offices, but the GCC Patent Office's business would have been expected to grow as all the GCC countries were developing industries and technologies for when the oil runs out.  As the Office is located in Saudi Arabia, it is hard to see how Qatar can continue to participate in it unless the order expelling Qatari nationals from Saudi Arabia is rescinded.

Other types of IP law will be less affected. Trade mark law had been harmonized in the GCC states by a GCC Trade Marks Law but there was no such thing as a GCC trade mark (see Saba Al Sultani and another GCC Trademark Law Coming Soon Sept 2014 WIPO Magazine).  Similarly, there was no GCC system of design registration and no single GCC copyright.

It is to be hoped that the differences between the Qatari government and the governments of its neighbours can be resolved and that the blockade can be lifted soon, but, even if it is, the actions taken by Saudi Arabia, Bahrain and the United Arab Emirates may well have done lasting damage to the GCC. It will not be lost even upon the states that participated in the blockade that the GCC is not a union of states of equal size. Saudi Arabia has a population of 33 million compared to Bahrain's 1.4 million, Kuwait's 4.3 million, Oman's 4.6 million, Qatar's 2.4 million and even the UAE's 5.8 million. The pressure that has been exerted upon Qatar on this occasion could easily be brought to bear on any of the other states in a future dispute.

Consequently, any business exporting to, importing from, investing, or seeking investment in any of the GCC states would be wise to plan for a future that may not include the GCC in its current form. The IP issues that would arise in such a future would be very similar to those that have sprung up in the UK as a result of Brexit. Exporters to, and investors in, any of the GCC states should ensure that their brands, technology and other intellectual assets are protected by national as well as GCC law. Their contracts should take account of the possibility of further blockades and insert effective force majeure provisions. Wherever possible contracts should be construed and enforced in accordance with English law. Where that is not possible, the laws of the Abu Dhabi Global Market, Dubai International Financial Centre or the Qatar Financial Centre which are modelled on English law and enforced by English speaking, common law courts should be considered.

Should any reader wish to discuss this article or IP law in the Gulf in general he or she should call me during British office hours on +44 (0)20 7404 5252 or send me a message through my contact form.

Gulf Co-operation Council Commercial Arbitration Centre

The British Prime Minister's visit to the Gulf earlier this month had a clear sales mission ("David Cameron in the Gulf: Defence sales 'legitimate'" BBC 5 Nov 2012). Sales require contracts and sensibly drawn up contracts contain choice of jurisdiction clauses. I have already discussed extensively the common law courts in Dubai and Qatar and the Bahrain Camber for Dispute Resolution in "Bahrain: a Forum for the Resolution of IP and Technology Disputes?" 30 Jan 2011. There is, however, another forum in Bahrain, namely The Gulf Co-operation Council Commercial Arbitration Centre ("GCCAC"),

Although the GCCAC is in Bahrain it is a Gulf Co-operation Council institution rather than a Bahraini one.   According to its Charter, which can be downloaded from the GCC website together with its Rules of Procedure, the GCCAC was established by the governments of the GCC states at their 14th summit meeting in Riyadh in December 1993 and each of the GCC member states is represented on its Board of Directors.   The Charter and Rules of Procedure were approved by the GCC governments in November 1994 and the GCCAC opened for business on 19 March 1995.

Art 2 of the Charter provides:

"The Centre shall have the power to examine commercial disputes between GCC nationals, or between them and others, whether they are natural or juristic persons, and commercial disputes arising from implementing the provisions of the GCC Unified Economic Agreement and the Resolutions issued for implementation thereof if the two parties agree in a written contract or in a subsequent agreement on arbitration within the framework of this Centre."

According to the chapter on the GCCAC in WikiMediation, it resolves disputes relating to "banks, financial institutions, insurance, reinsurance, constructions, engineering, various contracting, intellectual property covering commercial and industrial, copyrights, and all types of international commercial contracts."

Art 10 of the Charter provides:

"An Arbitral Tribunal shall be formed by appointing a single arbitrator or three arbitrators as may be mutually agreed upon by the parties under an Arbitration Agreement or Contract.  In case there is no Agreement, the Rules of Procedure issued by the Board of Directors shall be applicable."

The arbitrator must be "a legal practitioner, judge or a person enjoying a wide experience and knowledge in commerce, industry or finance" and he "must be reputed for his good conduct, high integrity and independent views" (art 11). Such arbitrator may, but does not have to be, selected from a panel prepared by the chambers of commerce of the GCC member states.

Interestingly, art 2 (1) of the Rules of Procedure requires arbitration agreements to "preclude the reference of the dispute before any other authority" and also "any challenge to arbitration award passed by the Arbitral Tribunal."  Art 2 (2) proposes the following text for an arbitration agreement:

"All disputes arising from or related to this contract shall be finally settled in accordance with the Charter of the Commercial Arbitration Centre for the States of the Cooperation Council for the Arab States of the Gulf."

An arbitration is started by a written application to the Secretary-General of the GCCAC containing the following information:

(1)  The full name, address, nationality and capacity of the applicant;

(2)  The full name, address, nationality and capacity of the other party;

(3)  A statement of the nature of the dispute annexing relevant documents;

(4)  The name of the arbitrator (if any); and

(5)  A copy of the arbitration agreement and related documents (art 9 of the Rules of Procedure).

If everything is in order and all fees are paid, the documents are sent to the other side who has 20 days in which to respond which can be extended for a further 20 (art 11).

Art 29 requires the tribunal to apply the following principles in resolving the dispute:

1. The contract concluded between the two parties as well as any subsequent agreement between them.
2. The law chosen by the parties.
3. The law having most relevance to the issue of the dispute in accordance with the rules of the conflict of laws deemed fit by the Tribunal.
4. Local and international business practices.

Arbitrators have power under art 28 to make interim orders such as 

"ordering the deposit of the goods with third parties or sale of the perishable items thereof in compliance with the procedural rules in the country where the interim measure is adopted."

Members of these chambers would be glad to advise and represent parties to technology licensing or other intellectual property disputes before arbitrators appointed under these provisions.   Further information can be obtained from +44 161 850 0080 or you can send a message through my contact page. You can also follow me on Facebook, Linkedin, Xing or twitter.

Abu Dhabi: An Offer to Film Makers that will be hard to refuse

On 20 May 2012 The Abu Dhabi Film Commission announced an incentive scheme to attract film makers to the Emirate. It takes the form of a 30% rebate of the eligible production spend in Abu Dhabi. According to FAQ about the scheme on the Commission's website the following expenditure qualifies for a rebate:

"All expenditure within Abu Dhabi on location or studio filming and expenditure that is directly related to the production of the project that is purchased or sourced through Abu Dhabi based companies. This includes the purchasing or licensing of intellectual property and goods owned, or facilities and services provided by Abu Dhabi companies."

Expenditure that is not eligible includes

1. Financing expenditure
2. General business overheads of the UAE co-producer or production services company 
3. Deferments, profit participation and residuals
4. Advances
5. General expenses such as general costs of administration
6. Travelling and transport costs of crew and cast to UAE
7. Gifts and entertainment expenses
8. Expenditures incurred in other countries
9. Land and building costs and maintenance
10. Executive Producer fees
11. Publicity and marketing costs
12. Consultant fees charged by a consultant to prepare the application
13. Costs for legal advice
14. Contingency costs
15. Costs for insurance related to financing
16. Purchase of capital goods

The FAQ indicate that  labour costs relating to contracting UAE registered crew and services including daily payments for activities in Abu Dhabi may qualify for the rebate but deferred salary payments and residuals do not qualify,  Similarly,  though travel and transport of crew and cast to Abu Dhabi are excluded, temporary accommodation in Abu Dhabi as well as airline tickets booked on the Abu Dhabi airline Etihad Airways or the private charter of aircraft based in the UAE may qualify for the rebate.

The rebate is available for almost any type of film or television programme whether shown in Abu Dhabi or not. These include 

• Feature films
• Television drama including series
• TV and feature documentaries
• Factual and natural history
• Comedy
• Commercials
• Music videos 
• Other television, such as lifestyle, reality, game shows and entertainment programmes

It also includes post-production and digital effects services supplied inside Abu Dhabi for projects shot outside the UAE.

The scheme is clearly aimed at attracting  film and programme makers from India and Pakistan who already use Dubai as a film location. The Abu Dhabi Film Commission already operates as an exchange for crews, production companies and locations.  According to its downloadable Locations Guide it can offer some spectacular backdrops for filming.

As I discussed in my articles "Copyright and Related Rights in the United Arab Emirates" of 4 Jan 2012 and 11 Feb 2012 films and performances are protected throughout the Union by Federal Law No. 7 of 2002 concerning Copyrights and Neighbouring Rights.  Abu Dhabi has not set up a local common law jurisdiction like the DIFC Courts or the QFC Civil and Commercial Court (see my article on the QFC of 3 April 2011) but the Abu Dhabi Chamber of Commerce does offer a commercial arbitration service.   Moreover, there appears to be nothing to prevent the choice of any law or jurisdiction in a film contract or contract for production services. Further information about the scheme can be obtained from the Abu Dhabi Film Commission's website or by calling  +971 2 401 2701.

Dubai is also a film location with a growing local film and TV industry. Film and production businesses are beginning to cluster in Dubai Studio City,   There is a also a cluster of advertisers, events management, marketing and other media businesses in Dubai Media City.  According to Rapid TV News, Dubai has recently enacted legislation to establish a film and television commission in Dubai along the lines of the Abu Dhabi Film Commission (see Rebecca Hawks "Dubai to establish film & TV commission" 28 May 2012).

As ever, should anybody wish to discuss this topic further, he or she can call me on +44 161 850 0080 or fill in my contact form. He or she can also contact me through Facebook, Linkedin, Xing or twitter.

Patents: Gulf Co-operation Council

The Gulf Co-operation Council (Co-operation Council for the Arab States of the Gulf) is an economic, political and to some extent military union of the states of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. The Council's objectives are

• To effect coordination, integration and inter-connection between Member States in all fields in order to achieve unity between them.
• To deepen and strengthen relations, links and areas of cooperation now prevailing between their peoples in various fields
• To formulate similar regulations in various fields including the following: Economic and financial affairs Commerce, customs and communications Education and culture
• To stimulate scientific and technological progress in the fields of industry, mining, agriculture, water and animal resources; to establish scientific research; to establish joint ventures and encourage cooperation by the private sector for the good of their peoples.

To further the last objective the Supreme Council of the Gulf Co-operation Council has established a Gulf Co-operation Patent Office ("GCCPO") at Riyadh in Saudi Arabia. The GCCPO grants Gulf Co-operation Council patents for inventions which stand alongside national patents in all the GCC member states. The legislation establishing the GCC patent is the Patent Regulation for the Co-operation Council for the Arab States of the Gulf.

The GCCPO opened for applications on 3 Oct 1998. A list of granted patents appears in a journal known as the "Bulletin Patents" which is published on the GCCPO website.

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