Transformation of the Legal Services Industry in Saudi Arabia - Women in Mediation

Jane Lambert

Yesterday I attended a webinar organized by the Abu Dhabi Global Markets Arbitration Centre and Phoenix Advisors Ltd. on  "Transformation in the Legal Industry" in Saudi Arabia.  The webinar has been recorded and may be viewed here,  It is part of a series of webinars that considers alternative dispute resolution, technology and third party funding in the legal systems of several countries around the world.  The series started in India and will consider legal services in Lagos, New York, London and Abu Dhabi.

Although Saudi Arabia is an important country very little is written about its legal system.  The few publications in English that do exist are not very enlightening.  I once had the pleasure of speaking at the Arab-British Chamber of Commerce International Intellectual Property Conference "Combating Transnational Intellectual Property Crime" in London in 2013 where I had the pleasure of meeting one of the first women to be called to the Saudi Arabia bar as well as some of the kingdom's judges, officials and practitioners.  One of the attendees on the mediator training course that I attended in 2000 was a Saudi lawyer.  That was just about the limit of my previous personal experience of the Saudi legal system before the webinar.

One of the first speakers in the webinar was Rozana T AL Tayyar who founded Taswea, a mediation service in Saudi Arabia.  According to its website:

"TASWEA, previously known as “The Mediation Gateway”, was established in 2015 to promote amicable conflict resolution within the business community in Saudi Arabia to support business sustainability and relationships. Rozana ALTayyar, founder of TASWEA, has 18 years of overall experience in the field, achieving a 70% success rate in 2018."

Ms Al Tayvar reported that mediation is well established in Saudi Arabia and many of the mediators are women.   She mentioned that Saudi Arabia was one of the first countries to sign the Singapore Convention on Mediation which the UK has not yet done.

Bearing in mind that I had noted that Saudi women had only recently been allowed to practise law in their country (see Saudi Women can now practise Law 14 Oct 2013) I found Ms A; Tayvar's observations surprising but encouraging.   I asked a question about the sort of work that was referred to mediation generally and more particularly the sort of mediation work that was facilitated by women,  Ms Al Tayvar replied that all sorts of work were mediated and women handled every kind, In answer to a supplemental question, she explained that a legal qualification is not required of mediators.  She explained that she had acquired considerable expertise in financial services and that parties approached her because of that expertise.

Another speaker said that there was a tendency for mediators to adjudicate as well as mediate which is something that we are reluctant to do in this country.  The reasoning in Saudi Arabia seems to be that the mediator's expertise in the subject matter of the dispute qualifies him or her to determine issues in the dispute as well as catalyze negotiation.

Mediation was just one of many topics discussed yesterday.  Some questioners were interested in the use of blockchain technology, smart contracts and artificial intelligence.  There were polls on the effect of coronavirus on legal practice and the factors likely to attract clients which included creative fee arrangements.   I would have appreciated a bit of background on the legal system in the kingdom and how it works in practice but there is only so much that can be achieved in an hour's webinar.

Anyone wishing to discuss this article or any of the topics mentioned in it should message me through my contact page. I shall be glad to reply by phone, VoIP or email.

The New DIFC Intellectual Property Law - Patents and Utility Certificates

Jane Lambert

On 21 Nov 2019, a new Intellectual Property Law came into force in the Dubai International Financial Centre ("DIFC") which I discussed in my Introduction to, and Overview of, the New DIFC Intellectual Property Law on 11 Dec 2019.   The rights protected by the new law include patents and utility certificates.  A "utility certificate" is defined in the table to paragraph 3 of Schedule 1 of the new law as  "a right pursuant to the issuance of the deed of protection granted for an invention by Ministry where such inventions do not involve an inventive step sufficient for the grant of deed of patent."  Art 3 (3) of the DIFC IP law makes clear that it does not establish any registry for IP rights but any IP rights that are registered in the UAE under applicable federal IP Laws shall be recognized as valid and enforceable under this legislation in the DIFC.

Federal IP Laws

The DIFC is established in the Emirate of Dubai. Dubai is part of a federation of emirates known as the United Arab Emirates ("UAE").  The UAE is a member of the Gulf Cooperation Council ("GCC") which has established a GCC Patent Office.   Patents for the UAE may be granted by the Federal Ministry of Economy under Federal Law No. (31) For The Year 2006 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs ("Law 31 of 2006") or the GCC Patent Office under the Patent Regulation of the Cooperation Council for the Arab States of the Gulf ("GCC Patent Regulation").  As there is as yet no such thing as a GCC utility model, utility certificates for the UAE are available only from the Ministry of Economy under Law 31 of 2006.

Entitlement

Unless the invention is made by an employee, the rights to an invention shall belong to the inventor or his or her successor pursuant to art 13 (1) of the DIFC IP law.

If an invention is made within the scope of employment by an employee pursuant to an employment contract the employer will be the owner of the invention by virtue of s.12 (1) of the law unless agreed otherwise between the employer and employee in writing. An invention is deemed to have been made within the scope of employment if:
(a) the invention was made in the course of the normal duties of the employee, or in the course of duties falling outside the employee’s normal duties, but specifically assigned to the employee, and the circumstances, in either case, were such that an invention might reasonably be expected to result from the carrying out such duties (art 12 (2) (a)); or
(b) the invention was made in the course of the duties of the employee and, at the time of making the Invention, because of the nature of his duties and the particular responsibilities arising from the nature of his duties he had an obligation to further the interests of the employer (ar 12 (2) (b)).

Art 12 (3) further provides that unless otherwise agreed upon between the relevant parties in writing, if an invention falls outside an employee’s scope of employment but relates to an employer’s business or professional domain and has been conceived by the employee using primarily the employer’s resources such as know-how, documents, tools, premises and other facilities of the employer, the invention shall belong to the employer,. 

Employees' Duty to Notify

An employee must notify an employer of an invention as soon as practicable by way of a written report including all the technical details of the invention (art 12 (4)). 

Employees' Compensation

An employee to whom art 12 (3) applies shall be entitled to fair compensation in which his or her remuneration, the economic value of the invention and the benefits that the employer shall gain through the Invention shall be taken into consideration.

If the employer is not interested in using the invention that it is so notified of, it may in its sole discretion, assign all right, title and interest in the invention to the employee instead of paying the employee compensation for the invention if required under art 12 (3),.

 If an employer does not make an election of its interest in an invention that it was notified of pursuant to art 12 (4) through a written notice to the employee before the end of the employee’s employment contract, the employer is deemed to have made an election to keep the invention and either party may apply to the Court to determine the compensation due to the employee for the Invention unless otherwise agreed between the parties.

Monopoly

Art 8 provides that a patent or utility certificate shall confer on its owner the following exclusive right to exclude others from exploiting the Invention in the DIFC. Where the invention is a product, such exploitation shall include using, manufacturing, offering for sale, selling or importing the product.  Where the invention is a process or method, the owner shall enjoy the exclusive right to use the product or method including the exclusive right to market and distribute any product derived directly from such process or method.   Such owners will be assisted by art 11 (1) which provides that where the subject-matter of a patent is a process for manufacturing a product and the owner of the patent can show that a substantial likelihood exists that a product is manufactured by an infringer by such process but is unable through reasonable efforts to determine if such process was actually used in the manufacturing of the product, the burden of proving that the product is not manufactured by the process that is the subject of the patent shall move to the alleged infringer of the patent or utility certificate in any infringement proceedings in the DIFC

Infringement

Art 9 provides that those exclusive rights are infringed by the following acts if done in respect of at least one of the claims of a patent or utility certificate without the authority of the owner:

"(a) exploiting in or from the DIFC, for industrial or commercial purposes, an Invention protected by a patent or utility Certificate;
(b) using, manufacturing, selling, offering for sale in or from the DIFC, or importing into the DIFC, or possessing in the DIFC, with the intention to trade, products or processes protected by a patent or utility certificate, or products obtained using processes protected by a patent or utility certificate;
(c) inducing another person to infringe a patent or utility certificate in or from the DIFC, even if the inducer is located outside the DIFC; or
(d) cooperating with another party to an act of infringement of a patent or utility certificate in or from the DIFC, even if the other party is located outside the DIFC."

Art 9 (3) introduces a doctrine of equivalents into DIFC law:

"A claim granted under a Patent or Utility Certificate is considered to be infringed even though the alleged infringing product, process or method does not fall within the literal scope of the patent claim but nonetheless equivalent to the claimed invention. The construction of the claim is made in light of the entire specifications and drawings of the Patent or Utility Certificate involved."

Defences

Art 8 (2) provides that the rights referred to in art 8 (1) shall be restricted to acts that are undertaken for industrial or commercial purposes.  They shall not include acts relating to a product protected by a patent or utility certificate after its sale.  The last provision seems to introduce something akin to the US first sale doctrine into DIFC patent law.  The precise limit of this exception is likely to be the subject of litigation.

Art 10 (1) provides:

"A person has the right to exploit an Invention, product, process or method, which otherwise would constitute an infringement in the DIFC under Article 9, if in good faith, the person initiated an act of exploitation, or has made effective and serious preparations to initiate an act of exploitation before to the priority date of a Patent or Utility Certificate within the UAE."

However, that defence is limited because art 10 (2) adds:

"A person’s right to continue with an act of exploitation in the DIFC under Article 10(1) shall remain until:

(a) any products produced or acquired by that person inside the UAE prior to the grant of the relevant Patent or Utility Certificate, are sold, or otherwise exhausted; or
(b) until any machine used prior to the grant of the relevant Patent or Utility Certificate to execute any such patented process is expired,

provided that such right is a personal right and cannot be assigned or transferred to another person."

Anyone accused of infringing a patent or utility certificate can contend that the instrument is invalid but the person alleging invalidity is required by art 10 (4) to bear the burden of proof in respect of such invalidity. The court shall have the discretion to suspend the infringement proceedings until an order in respect of the validity of the patent or utility model is pronounced by the competent court.

Further Information

Anyone wishing to discuss this article or the DIFC intellectual property law generally may call me during normal British office hours on +44 (0)20 7404 5252 or send me a message through my contact page.

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

Qatar at the WIPO

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Jane Lambert

Yesterday, I attended the WIPO Conference "As the UDRP turns 20: looking back, looking ahead" on domain name disputes at the Organization's head office in Geneva. Next to our meeting, there was an exhibition about Qatar and some kind of reception.  As I have written quite a lot about Qatar and the Qatar Financial Centre with its own legal system based on English law, in particular, I toured the stands.

Qatar has been in the news a lot lately for good things such as the recent IAAF World Athletics Championships last month and the 2022 FIFA World Cup as well as more troubling things like the ongoing dispute with its neighbours which I mentioned briefly in How will the Blockade of Qatar affect IP Law in the GCC Countries? on 7 June 2017.  An official on one of the stands agreed that the breakdown of regional cooperation was a concern but he points out that it had not stopped Qatar from investing heavily in upgrading its already impressive infrastructure.

I asked specifically about patents and whether Gulf Cooperation Council patents still had force in Qatar and whether the inventions of Qatari inventors were protected in other GCC states.  The official could not answer my question beyond saying that Qatar does not apply for a large number of patents.  The table of European patent applications by country between 2009 and 2018 on the European Patent Office's website suggests that he may well be right. However, he pointed out that his country has robust copyright laws and he handed me a short leaflet entitled "We Protect Your Right" published by the Ministry for Industry and Commerce with some basic information on copyright registration.  I was also handed a copy of a gallery guide to the National Museum of Dohar 

That leaflet on copyright registration appeared to be the only literature in English on intellectual property at the exhibition but there is a statistical country profile on Qatar on the WIPO website.  It would appear from WIPO's country profile that Qatar is party to the Paris, Berne and other international agreements and has comprehensive intellectual property laws.

Anyone wishing to discuss this article or Qatari IP law generally should contact me on +44 (0)20 7404 5252 during British office hours or message me through my contact page,

Dubai Smart City Accelerator

Dubai Fort

Author Kimon Berlin
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Source Wikipedia Dubai

Jane Lambert

The Dubai Silicon Oasis Authority, which manages a free trade zone for information and communications technology businesses in the emirate, has invited applications for its Smart City Accelerator which will run from September 2019 to January 2020. This is not the first accelerator programme to take place in Dubai.  I reported on the DIFC's financial technology programme in FinTech in Dubai on 3 Aug 2017.

According to the Authority's press release:

"This year, scouts are particularly on the lookout for startups that specialize in 5G applications, connected stadiums, smart retail, smart airports, and smart payments. However, the program is open to applicants from across the spectrum of smart city solutions, including internet of things and connectivity, urban automation and mobility, artificial intelligence, blockchain, open city data, sustainable cities and living, and smart government."

The Accelerator will be run by Startupbootcamp which operates a number of accelerators around the world.

The Startupbootcamp web page offers 10 selected companies hands-on mentorship from over 100 industry experts, office space in Dubai, seed funding, and access to a global network of investors and corporate partners from across the Smart City industries.  The successful candidates will need to know about registering trade marks in the United Arab Emirates and their leading markets around the world as well as the various ways of protecting their investment in technology. It is not clear from the announcements by the Authority or operator who will supply that guidance or whether it will be supplied as part of the programme but I shall be glad to advise them individually or collectively by phone, Skype or otherwise if necessary.

The closing date for applications is 30 June 2019.  This post links to the application page,

Anyone wishing to discuss any of these issues should call me on +44 (0)20 7404 5252 during London office hours or they can contact me through my message form.

DIFC Expansion likely to present new Opportunities for the DIFC Courts

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Jane Lambert

The Dubai International Financial Centre ("DIFC") is a free zone for banking, insurance, securities trading and other financial services. It was established with the aim of transforming Dubai into a major financial centre. On 7 Jan 2019, the Vice-President and Prime Minister of the United Arab Emirates and Ruler of Dubai announced plans to triple the size of the Centre (see the DIFC press release Mohammed Bin Rashid Approves DIFC’s New Expansion Plan 8 Jan 2019).

The press release states that

"Upon completion, the new district will comprise 6.4 million square feet of office space, 2.6 million square feet of creative space, 1.5 million square feet of residences, 1.3 million square feet of retail space and 700,000 square feet devoted to leisure and entertainment. This will be complemented by a financial campus covering approximately 400,000 square feet, an additional 250,000 square feet of hospitality offerings, and 3.5 million square feet of car parking space."

The DIFC already has its own laws based on English common law with its own English language courts and tribunals.  It is reasonable to suppose that those laws will apply to the new area.

I first discussed the DIFC's legal system in DIFC Courts 7 Jan 2011 JD Supra. When I wrote that introduction nearly all the judges of the DIFC's Courts were Commonwealth expatriates.   Many of those judges have now retired and been replaced by Emirati citizens.  Chief Justice Tun Zaki Bin Azmi is Malaysian but the Deputy Chuel Justice and four other judges are Emiratis.

The DIFC Courts will accept jurisdiction where parties choose those courts for the resolution of future or existing disputes (see Jane Lambert DIFC Courts Spread Their Wings  7 Dec 2011). Businesses in developing countries may prefer their disputes to be resolved in Dubai rather than London or New York for all sorts of reasons.  As the DIFC courts are English speaking common law tribunals, they are likely to be acceptable to many businesses in developed countries.  I discussed choice of jurisdiction clauses in DIFC Courts: Choice of Jurisdiction Clauses 28 Dec 2012.

Another development that could increase the importance of the DIFC Courts is the creation of a virtual commercial city. Art 3 of the Dubai government's Fifty Yeat Charter envisages "the establishment of the first virtual commercial city in the region that grants commercial licenses without having to reside in Dubai. The city will allow investors to open bank accounts and grant e-residencies according to best international laws and regulations." The government hopes to have 100,000 companies in that virtual city.  The reference to "best international laws and regulations" are presumably the laws and regulations of the DIFC and the tribunals that would apply those laws are likely to be the DIFC Courts.

The DIFC Courts belong to an organization known as The International Consortium for Court Excellence which has members from various parts of the world including Bhutan, Namibia, Papua New Guinea and Swaziland as well as the USA, Canada, Australia and Brazil.  Dubai hosted the annual conference of that consortium in November 2018 (see press release DIFC Courts host international court excellence and legal tech conference 7 Nov 2018).

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

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.