Ask The Law - June 13, 2003

A Parent Law on Industrial Property Protection and Regulation was recently issued. The law stipulates the conditions that apply to a patent and the consequences if the rules are flouted. This week we deal with issue of patent and what the law says

Guidelines related to patents, utility certificates

The Federal Law No. 17 of 2002, which took effect from January 1 this year, addresses issues relating to patents, utility certificates, compulsory licensing rules and the revocation, relinquishment and repealing of patents.

The Law also sets out the rules relating to international patent applications, processing knowledge, industrial designs, models and contractual licenses. Chemical inventions, such as medical drugs or pharmaceutical compositions are also capable of being patented under the Law provided that the conditions stipulated by the Law are complied with.

Any one who submits incorrect or forged information to acquire a patent registration, utility certificate or processing knowledge and similarly, anyone who imitates any invention or manufacturing method or any aspect of the processing knowledge or infringes any right under the protection of the Law, can be, without prejudice to any more severe punishment under any other appropriate law, imprisoned or fined no less than Dh5,000 and no more than Dh100,000 or both.

The same penalties can be applied if the infringement is related to an industrial design or a model.

What is exempted from protection by a patent or utility certificate?
Research, or plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes

Diagnostic, therapeutic and surgical methods for the treatment of humans or animals
Scientific theories, discoveries or principles and mathematical methods.

Scripts, rules or methods adopted for business methods or mind activities or games.
Inventions in violation of public order or morale.

Who owns the right to a patent?
The inventor or his successors, if the invention was reached outside an employment relationship or contractual agreement.

The owner of a previous invention if the new invention has been obtained through infringing the essential elements of the previous invention.

The employer or commissioner of work if invention was reached as a result of executing the employment or contractual agreement.

The employee if his employment contract does not require carrying out inventive activities, provided that the employer shows no interest owning the invention within a period of four months from notification of the invention by the employee.

The Courts are empowered under the Law to order the seizure of and to impound articles, tools and machinery and to order the removal and or destruction of the effects of the infringement of the Law.

The Courts may also order the publication of their rulings in any local newspapers at the cost of the violator even in cases where a ruling acquits the violator.

The Law establishes a separate department of the Ministry of Finance and Industry to be known as the Industrial Property Department to be responsible for the implementation of the Law.

Staff of the IPD are empowered by the Law to act as law enforcement officers in enforcing the provisions of the Law.

What are the penalties and provisional measures specified by the Law?
The law provides for precautionary seizure of an invention, industrial design or model, or facility or a part thereof, infringing any industrial property right provided for by the law or in violation of its provisions or contracts or assignments made in accordance of this law.

The applicant of such measure must deposit a guarantee determined by the competent court before issuing its order to seize, and the applicant must initiate a main action within eight days from the date of issuing the court order, otherwise the order will be annulled.

The law provides for penalties of imprisonment and fine of not less than Dh5,000 and not more than Dh100,000 and authorises the court to order confiscation of seizures and destruction of seizures, tools or machines and removal of the violating acts.

The court may further order publication of its judgment in the Gazette issued by the Ministry or in local newspapers.

Age limit
Archie, Dubai, asks: "What is the age limit for a Filipino maid/servant? How much do we have to pay the government to get one?"

The age limit for a housemaid is between 20-59 years. As to the prescribed fee required to be paid to the Immigration Department, it is a sum of Dh4,800 per annum for expatriate sponsorship and Dh1,500 for local sponsorship, as a deposit.

Jail term
Igris, Dubai, asks: "I am interested in knowing that if an employee in a company steals Dh25,000, how many months in prison should he/she serve under the law? Is it three months or six? I heard that six months is for big amounts like millions."

The penalties are as follows:
a) Temporary imprisonment ranging from three to five years if the person who took unlawful possession of a property belonging to the state is a public officer.

b) Imprisonment ranging from one month to three years or a fine ranging from Dh100 to Dh30,000 if the person is an employee of a private company.

The determination of punishment is subject to the circumstances of the crime and the judge's discretion.

Visit visa
Jason Seither, U.S., asks: "I am planning to visit my friend in Dubai this August. I know that he works with a law firm in Dubai and I guess he is an eligible sponsor (earns Dh20,000 a month).

Can he sponsor my wife and me on a visit visa and what is the duration for this type of visas usually? Is it renewable, too? We would like to have it for as long as we can, as we will be travelling around the area."

Yes, he can sponsor you and your wife and issue a visit visa for a duration of two months renewable for an extra month after payment of Dh1,000 for each of you.

However, if you and your wife are U.S. citizens, you may enter the UAE without a need for prior visas. You should obtain the visa upon arrival at the airport for 60 days renewable for another 30 days.
Visas for parents

Tracy Liu, Ajman, asks: "I am a Chinese, on my husband's visa. His salary is Dh8,000 plus benefits. Can he be the sponsor of my parents for a one-year residence visa? If yes, how does he apply?"

Yes, he could sponsor your parents for a year subject to a renewable visa. The fee is Dh5,000 for each visa, to be paid to the immigration department.

Janet Fernandes asks: "My husband earns a net salary of 3,600 per month and I am on his sponsorship presently working earning a net salary of 4,900 per month. In such a case can I sponsor my widow mother who is presently in India."

As per the applicable laws, the minimum salary required to sponsor your parents or your mother- or father-in-law is Dh6,000.

Visa on arrival
Ayyaz, Dubai, asks: "My friend who lives