Du Trademark: Trade Mark Law in the UAE

DuTrademark Group describe themselves as "a group of trademark professionals who network and share there knowledge also exchange business after building a trust between each other". They offer a range of services including searches, advice and representation on trade mark law in Afghanistan and Algeria as well as the United Arab Emirates.

They have written a very good article on trade mark law in the UAE which discusses the local legislation and practice.

If you want to discuss this article further, their contact details are:

Horwath Mak
International Trademark & Patent Attorneys
1403, Al Reem Tower,
Al Maktoum Street,
Deira,
P O BOX 82315,
Dubai,
UAE.
Email: info@dutrademark.

Phone 971 (4) -236-7588 or +971 (4) -236-7589

Qatar Civil and Commercial Court Official Practice Guide

On 28 July 2012 I discussed the Qatar International Court and Dispute Resolution Centre and on 28 June 2011 the Qatar Financial Centre: Civil and Commercial Court Regulations. The practice of the Court is now set out in an Official Practice Guide which has been prepared by the judges under the supervision of Lord Cullen with the approval of Lord Woolf.

Overview
Compared to the English court guides, the Official Practice Guide is very short, consisting of no more than 10 pages.   Its purpose is to

"provide parties to disputes and their legal representatives with practical information as to the general approach of the Court and what is expected of them in cases before the Court. Although the Practice Guide is issued under Article 37.2 of the Court’s Regulations and Rules of Procedure (“Regulations”), its contents do not have the force of law. However, the Practice Guide may be taken into account by the Court in assessing the conduct of parties to the litigation, for example, when a question of costs arises."

Constitution of the Court

The Guide explains that the Court two Divisions: a First Instance Division and an Appellate Division. Each of the judges is able to sit in either Division.  Trials take place before a single judge sitting alone while appeals lie to a bench of three.  

Jurisdiction

Challenges to the Court's jurisdiction are to be raised at the earliest practical opportunity.  Cause will have to be shown if a challenge is made at a later stage.  The Court may also decline jurisdiction of its own initiative or transfer cases to another court in Qatar.   It may accept jurisdiction if the parties so choose provided that there is a sufficient connection with Qatar.

Case Management

As in England cases are actively managed by the Court in accordance with the overriding interest.

Statements of Case

Again as in England, claims are begun by the issue of a claim form. The claimant must state the nature of the dispute, the facts relied on (but not the evidence), the legal basis for the claim and the remedy sought.   He or she should attach all documents that are of particular importance to the his or her case.  The defendant should indicate whether the claim or any part of it is admitted. To that end the defence should indicate to what extent the facts relied on by the claimant are accepted, or, as the case may be, are disputed.

Language

Proceedings are usually conducted in English but parties have the right to use Arabic if they so wish.

Representation

Any lawyer qualified to practise before a superior court of any jurisdiction has the right to appear in the Court. Directions hearing can be conducted by telephone or video link.

Judgments

Judgments are published on the Court's website in English and Arabic.  They are enforced by an Enforcement Judge.  

ADR

As I mentioned in  Qatar International Court and Dispute Resolution  the Court has extensive facilities for mediation and other forms of ADR and parties are encouraged to use them.

Further Information
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.

Saudi Arabia: King Abdulaziz City for Science and Technology

I first mentioned King Abdulaziz City for Science and Technology ("KACST") in my overview of Saudi intellectual property law on 22 May 2011, KACST has two functions.  It is the Saudi Arabian national science policy making body whose responsibilities include granting patents for new inventions. It is also the kingdom's national laboratories. It is an enormous complex to the North of Riyadh employing 2,500 persons next door to King Saud University. It also has a branch in Jeddah.

KACST carries out its functions through a number of institutes, centres, directorates and units.  One of those directorates is the General Directorate for Industrial Property which serves as the kingdom's patent and plant varieties office and industrial designs registry, There is also a Legal Directorate which prepares and enforces legislation specifically for KACST.

The City has identified a number of strategic technologies and particulars of its plans for research in those technologies can be downloaded here. The application of this research to Saudi industry is undertaken through a number of technology incubators and innovation centres. KACST is a major publisher in Arabic and English including scientific journals on water, oil and gas, petrochemicals, nanotechnology and biotechnology. A summary of the City's services can be found here.

KACST's vision is "to be a world-class science and technology organization that fosters innovation and promotes knowledge-based society in the Kingdom."

Gulf Co-operation Council Patent Office Statistics

I mentioned the Gulf Co-operation Council Patent Office in Patents: Gulf Co-operation Council on 21 Jan 2011. The Office has now published its statistics on its website:
Number of Applications     22,018
Granted patents                 1,454
Non-valid applications         6,199
Applications in progress    13,719
Fir further information 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..

The Qatar International Court and Dispute Resolution Centre

The Qatar International Court and Dispute Resolution Centre could be described irreverently as a one stop justice shop. Located in purpose build premises in the Qatar Financial Centre in Doha it houses the Qatar International Court (as the Qatar Financial Centre Civil and Commercial Court is now known) and provides facilities for early neutral evaluation, mediation and arbitration as well as litigation.

The Centre's vision is:

"To develop a world class International Court and Dispute Resolution Centre and provide national and international civil and commercial dispute resolution services within Qatar and the Middle East region that are accessible, modern, expeditious, economical and responsive to the needs of global business markets."

Its facilities include multi-channel video and audio-conferencing equipment that enable parties and their counsel to conduct proceedings from anywhere in the world.  Its court room in Doha is equipped with computers fitted with touch screen panels for the parties and proceedings are displayed on large TV monitors. Facilities for negotiation, mediation and other forms of alternative dispute resolution ("ADR") are provided in the same building. 

I described the court's jurisdiction and organization in my article  "Qatar Financial Centre: Civil and Commercial Court Regulations" which appeared on this blog on 28 June 2011,  Since that article the court has published an introduction to the court and its procedure ("Additional Procedural Information"), Procedural Rules and  an Official Practice Guide.

Art 29.1 of the Regulations provides that "any qualified lawyer who is entitled to appear before the superior courts ......of any ... jurisdiction shall have rights of audience. Since the proceedings are in English and most of the judges cone from the United Kingdom barristers from England and Wales would be well placed to represent parties before that court.   

Just I wrote this article I watched the Qatar team proudly march through the Olympic stadium.  I was delighted to see women among their number and I extend a particularly warm welcome to them. I hope they enjoy their stay in my country and wish them the best of luck in their competitions.  My best wishes to the  representatives of the other countries in the region too.

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..

LES - Arab Countries

Most intellectual property practitioners are aware of the The Licensing Executives Society ("LES"), an international association of intellectual property lawyers, patent and trade mark agents, licensing managers and other professionals.  It consists of a number of national and regional associations such as LES Britain and Ireland and LES (USA and Canada). The association that covers the Gulf Co-operation Council states is the Licensing Executives Society - Arab Countries ("LES-AC"). Membership is open to anyone interested in licensing, technology transfer or research and development in any member state of the Arab League.

Visiting its website I noticed a number of interesting publications some of which can be downloaded such as the "Introduction to Franchising" and "Guidelines for Licensing and Technology Transfer Agreements" and others of which can be ordered.  Having just read the downloadable publications I can confirm that they are useful introductions to those topics for lawyers and business people anywhere. There is also an interesting LES-AC newsletter though the latest downloadable edition appears to be exactly a year old.  Even though it was somewhat out of date the June 2011 issue contained on page 5 a fascinating article about a remarkable cure for cancer in camels that had been developed in the region.

LES-AC also seems to run some good courses including an "Arab Certified IP Practitioner" programme at basic, intermediate and advanced levels, the latest of which took place in Jordan last month. Judging by the list of topics under discussion and the very modest course fees by British standards - the basic course being free - it seems to offer excellent value for money. There are also CPD courses though it is not clear where these take place or how much they cost.

LES-AC appears to have its head office in Amman but there seem to be branches in Abu Dhabi, Doha, Dubai, Jeddah, Kuwait City, Manama, Muscat and Riyadh.  

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.