Legal Issue: Fake Products Presentation

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People are under a threat of buying fake products and knowing nothing about what they actually buy.

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Fake products sales are illegal.

Fake products purchases are legal.

Violation of trademark rights occurs.

Nowadays, in Dubai, the presence of fake products is evident. The government tries to deal with the cases of violation of trademark rights. At the moment, all sales of fake products are defined as illegal activities, and the sellers could be punished legally. Still, it is legal to buy fake products and use them in everyday life. Therefore, it is necessary for the citizens of Dubai to clarify the difference between “fake” and “real” and make correct choices.

Legal Issue

Dubai Customs

It is a government department that promotes the Dubai’s image worldwide.

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Copies of brand name products are detected.

93 seizures of fake products worth more than Dh38 million during the first half of 2016.

Dubai Customs is a governmental organization that aims at detecting of violations of intellectual property rights and other rights that could influence the development of the Dubai’s image (Dubai Customs 2016). The number of seizures and the identification of fake products serve as evidence that the company is important for the country (The National Staff 2014).

Dubai Customs

What Is Intellectual Property

Intellectual property is “the product of the human intellect including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols, names, brands,… etc.” (Dubai Customs 2015, p. 16).

  • Industrial Property:
    • inventions, trademarks, designs, etc.
  • Copyright:
    • poems, plays, novels, paintings, etc.

Dubai Customs develops a powerful definition of intellectual property. Besides, it is necessary to underline the fact that intellectual property could be divided into two categories: industrial and copyright. Despite the differences between property types, all of them are united by the idea to protect creations against wrong or inappropriate usage (Bently & Sherman 2014).

What Is Intellectual Property

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Intellectual Property Rights

Intellectual property rights are introduced to innovators, creators, writers, and brand owners to protect their projects and benefit from them in different ways.

Types of IP rights:

  • Copyright;
  • Patent;
  • Trademark.

People could use intellectual property rights to protect their creation and make sure their projects are used according to their requirements and conditions (Norman 2014). In Dubai, intellectual property rights include copyright, patent, and trademark. Each of them has its own peculiarities and effects of thefts.

Intellectual Property Rights

Current Problems with Fake Products

  1. Dubai Customs discovers a number of cases when fake products are delivered to the country with the intent to be sold.
  2. People do not understand how harmful the promotion and support of fake production could influence the economy and ethics of the country.
  3. The government cannot decide if it is necessary to make the presence of fake products illegal in the country.

The main problem of Dubai’s citizens is the inability to understand a true harm of fake products. Therefore, if fake products’ sales are illegal, it is still legal to buy and use fake products. Dubai Customs has to pay more attention to the explanations of why fake products are harmful and unnecessary in the country.

Current Problems with Fake Products

Solution for Dubai

  • Dubai people have to look at the problem and develop their awareness of fake products, their harm, and uselessness.
  • People’s awareness should be improved.
  • The government should make strong and clear decisions.

The best solution to intellectual property rights violations includes the necessity to raise people’s awareness and explain why fake products should not be supported. The government has to participate in discussions and underline their role and impact on people.

Solution for Dubai

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References

Bently, L & Sherman, B 2014, Intellectual property law, Oxford University Press, Oxford.

Dubai Customs 2015, Dubai customs: intellectual property rights department. Web.

Dubai Customs 2016, About Dubai Customs, Government of Dubai. Web.

Norman, HE 2014, Intellectual property law, Oxford University Press, Oxford.

The National Staff 2014, ‘Dubai customs officers seize 1,037 items in six months’, The National. Web.

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IvyPanda. 2022. "Legal Issue: Fake Products." August 2, 2022. https://ivypanda.com/essays/legal-issue-fake-products/.

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