Promoting your business idea but worried about someone stealing it? Follow these steps
Dubai: Last week, Dubai announced the first-ever crowdfunding platform for young innovators and entrepreneurs, to help them achieve the financing they need to make their business idea a reality. However, the idea of promoting novel concepts in public brings with it a fear of the idea being stolen. So, how do you protect your future business idea from intellectual property theft?
The UAE’s Ministry of Economy (MOE) is the competent authority to register and protect intellectual property in the UAE. Whether you want to register a trademark, copyright or patent in the UAE, you can do so through the ministry’s website. Here is all you need to know about the process.
The UAE’s Federal Law No. 37 of 1992 puts in place the regulations surrounding trademarks in the country. As per the law, a trademark is any distinct name, word, symbol etc. that is intended to distinguish a specific product or service. The registration of a trademark can be applied for and the process completed through the MOE website.
What is a trademark?
According to Federal Law No. 37 of 1992 on Trademarks as amended (Arabic), a trademark is any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks, if they were used or intended to be used either to distinguish goods, products or services from whatever sources, or to indicate that certain services, goods or products belong to the owner of the trademark, because of their provision, manufacturing, selection or trading. The voice accompanying a trademark is considered a part of it.
1. Visit the MOE website
You can submit your trademark application through the website: https://services.economy.ae/m/Pages/Register.aspx
You will either need to create a new MOE account, or you can use your UAE Pass details.
2. Submit the following documents:
a) Trademark logo
b) A copy of the commercial licence
c) Power of Attorney
d) Priority document
e) Passport copy
f) Any other relevant and necessary attachments.
3. Wait for the application to be accepted by the Ministry.
4. Publish the trademark registration in two local newspapers.
Once the trademarks department issues the approval, the applicant needs to first publish the trademark registration in two newspapers.
5. Pay for registration
The cost of the trademark registration process is Dh1,000. The payment can be made online as well.
Once the process is complete, you will be provided with a confirmation from the Ministry on the successful registration of the trademark.
The whole process takes around two weeks’ time.
If you have a scientific or technological invention, then applying for a patent may be necessary. However, the UAE’s laws provide very specific guidelines on which type of inventions can be patented. For example, diagnostic methods, treatments and concepts for surgical operations cannot be patented, neither can scientific and mathematical principles, discoveries and methods.
What is a patent?
According to Federal Law No. 31 of 2016, promulgated by Law No. 17 of 2002 on Regulation and Protection of Industrial Property of Patents, Industrial Drawings and Designs, a patent protection in the UAE is granted for any new invention resulting from an innovative idea or innovative improvement of an invention in all fields of technology, provided that such an idea or innovative improvement has a scientific basis and is applicable. The invention shall be deemed industrially applicable in its broadest term if used or utilised in such fields as agriculture, fisheries, handicrafts and services. Examples of patents that are not protected include: Researches, plant and animal species, and biological methods for production of animal and plant excluding microbiological methods and their products Diagnostic methods, treatments and surgical operations needed for humans and animals Scientific and mathematical principles, discoveries and methods Guidelines, rules or methods followed to conduct business, perform mental activities or play games Invention that may lead to violation of public order or morals.
Guidelines, rules or methods followed to conduct business, perform mental activities or play games
Invention that may lead to violation of public order or morals.
1. Visit the MOE website
For patents, you would need to apply to the International Centre for Patent Registration (ICPR) under Ministry of Economy. You can start the process by visiting: https://services.economy.ae/m/Pages/Register.aspx
2. Submit the necessary documents
• Application Form
• Description
• Power of Attorney (pdf)
• Emirates ID
As patents are for technical or scientific ideas, you would also be required to submit detailed descriptions of the idea, any drawings and bibliographic information. After filing the application, the ICPR staff verifies the submission and in case documents are missing, the applicant has 90 days to submit them.
3. Make the payment
The fees vary depending on whether the application is being submitted by an individual or a company. The applicant will receive all the updates on the application through the website.
4. Wait for examination and final granting of application
The process of receiving a patent is quite detailed, as it requires formal and substantive examination of concepts and innovations. The complete process can take up to a month.
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