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article on the IPO's Case Study IP Attaché: Yamish Yakoob, Gulf Cooperation Council of 7 Oct 2021 which was apparently withdrawn on 27 March 2024.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.

IPO Guidance on the 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:

• Bahrain 
• Kuwait 
• Oman 
• Qatar
• Saudi Arabia and 
• the United Arab Emirates ("UAE"). 

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.