Introduction
Intellectual property rights (IPRs) are an essential asset for any company. The Copyright Law grants Family Inada exclusive rights over their patents, trademarks, and industrial designs, as well as protection against infringement. In addition, the company can also avail itself of the services of the UAE Free Zones and the International Chamber of Commerce (ICC) to facilitate the protection and enforcement of its IPRs. This essay explores the legal framework for protecting Family Inada’s IPRs in the UAE and the potential damages that may be awarded in the event of an infringement. It also explains its rights to its IPRs and the measures that can be taken to enforce them.
IPRs Protection and Requirements
Patents are granted for new inventions or products that involve an inventive step and are capable of being industrially applied. In the UAE, patents are granted for a period of 20 years from the date of filing. To be granted a patent, the invention must meet the criteria of novelty, inventive step, and industrial applicability (Massadeh et al., 2022). The patent must also be registered with the UAE Ministry of Economy (MoE), and the applicant must submit a patent application along with the invention’s specifications, drawings, and other relevant documents.
Trademarks are registered in the UAE to protect the trademark owner’s rights to the use of the trademark in the market. Trademarks are registered with the MoE, and the applicant must submit a trademark registration application, along with a copy of the trademark, a description of the goods and services for which the trademark is intended to be used, and the relevant fees (Massadeh et al., 2022). The trademark registration is valid for ten years from the registration date and can be renewed for an additional 10-year period.
Industrial designs are registered in the UAE to protect the appearance and design of a product. Industrial designs are registered with the MoE. The applicant must submit a design registration application, a copy of the design, a description of the product, and the relevant fees (Wulandari, 2022). A ten-year validity period is granted for industrial design registration from the time of registration, after which the company can apply for a renewal for the same period.
In the UAE, IPRs are also protected by various laws and regulations, including copyright laws, laws governing unfair competition, and laws aimed at preventing counterfeiting and piracy. Furthermore, the UAE has signed several international agreements, such as the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty, to protect IPRs in the country (Massadeh et al., 2022).
Additionally, the UAE’s IP laws provide the right to receive damages in the event of infringement (WIPO, 2023). To ensure that these rights are adequately protected, Family Inada should ensure that its patents, trademarks, and industrial designs are appropriately registered with the relevant authorities in the UAE.
The manufacturer should also be aware of the potential for counterfeiting and infringement of its IPRs in the UAE. Counterfeiting and infringement are serious issues in the UAE, and companies should be vigilant in monitoring the market for any potential infringements. Suppose the company suspects that its IPRs have been infringed upon. In that case, it should take the appropriate steps to prevent further infringement and seek damages for any losses suffered (Wulandari, 2022).
Furthermore, Family Inada should be aware of the various enforcement mechanisms available in the UAE. The UAE’s IP laws provide for both civil remedies, such as injunctions and damages, as well as criminal sanctions, including criminal fines and imprisonment. In addition, the UAE also has a specialized IP court, the Court of Intellectual Property, which provides specialized judicial expertise and an expedited process for resolving IP disputes.
The UAE has a comprehensive legal framework for protecting IPRs, including Patents, Trademarks, and Industrial Designs. To be granted a patent, trademark, or industrial design in the UAE, the applicant must meet the relevant criteria and submit the required documents and fees to the MoE (Massadeh et al., 2022). IPRs are also protected by other laws and regulations, as well as international treaties, to ensure their protection in the market. Therefore, the firm’s IPRs are protected in the UAE if they meet the relevant criteria and submit the necessary documents and fees.
Damages Quantification Following the Infringement
If Family Inada’s IPRs are infringed upon in the UAE, the company would most likely seek to recover damages through a civil lawsuit. In the UAE, damages for IPR infringement are quantified based on the “actual loss” suffered by the right holder due to the infringement. (Wulandari, 2022). The amount of “unjust enrichment” the infringer has gained due to the infringement is also taken into consideration.
In determining the amount of damages, the court may also consider various factors, such as the extent and duration of the infringement, the infringer’s degree of fault, the infringer’s unjust enrichment, and the value of the IPR. The court may also consider the costs incurred by the right holder in attempting to stop the infringement (Wulandari, 2022). In line with the Paris Convention for the Protection of Industrial Property, the UAE also provides for the possibility of recovering damages for loss of profits and moral prejudice suffered by the right holder due to the infringement.
In addition to damages, the UAE courts may also award the right holder with an injunction against the infringer and the destruction of the infringing products. Injunction orders can be issued to prevent the infringement from continuing and any threatened infringement (WIPO, 2023). In cases of willful infringement, the courts may also order the payment of punitive damages and attorney fees.
To prove their case, the manufacturer must demonstrate that the alleged infringer was aware of the infringement and had acted in bad faith. The company would also need to demonstrate that the alleged infringer had gained unjust enrichment from the infringement and that the infringement had caused the company to suffer actual losses (WIPO, 2023). The company would need to provide evidence of the value of the IPR in question and evidence of the costs incurred in attempting to stop the infringement.
To pursue a claim, Family Inada must provide evidence that the infringement resulted in moral prejudice, which includes demonstrating damage to their reputation and any emotional distress suffered. It must also document any resulting loss of profits (WIPO, 2023). Additionally, it must prove the alleged infringer acted willfully or with gross negligence. In such serious cases, UAE courts have the authority to award both punitive damages and cover attorney fees (Al-Kammaz, 2019).
Finally, the company would need to demonstrate that the infringement caused it to suffer losses. This may include evidence of the costs incurred to stop the infringement. To quantify monetary damages, the IP Law provides for the calculation of actual damages, lost profits, and additional damages. Actual damages are defined as the amount of money the rights holder has suffered due to the infringement. This amount can include the costs of actions taken to address the infringement, such as litigation costs, attorney fees, and other expenses incurred as a result of the infringement (WIPO, 2023).
Lost profits are defined as the amount of money the rights holder would have earned had the infringement not occurred. This amount is calculated based on the difference between the actual sales of the rights holder and the sales that would have been earned had the infringement not occurred. Additional damages are defined as damages that are intended to deter further infringements (Al-Kammaz, 2019). These damages are calculated based on the infringer’s circumstances and the infringer’s financial resources.
Beyond granting monetary damages, the law also stipulates criminal penalties for those who violate IPRs. These penalties include fines of up to AED 500,000, imprisonment of up to two years, and a ban on the production and sale of infringing products (Al-Kammaz, 2019). If Family Inada is subject to an infringement of its IPRs in the UAE, the court will likely award them damages following the IP Law. The amount of damages awarded will depend on the circumstances of the infringement and the infringer’s financial resources. Furthermore, the court may impose criminal penalties on the infringer, including fines and imprisonment.
Rights to Family Inada’s IPRs
In the UAE, IPRs, such as patents, trademarks, and industrial designs, are protected under Federal Law No. (7) of 2002 Concerning Copyrights and Neighboring Rights (the Copyright Law). It is based on the principles of the Paris Convention, of which the UAE is a member. In terms of patents, it grants Family Inada exclusive rights over their inventions, products, and services for a period of 20 years from the date the patent application is filed. This period may be extended to 5 years if certain conditions are met (Massadeh & Kameel, 2020).
For trademarks, the Copyright Law grants exclusive rights over their trademarks, including logos, symbols, and slogans, for ten years from the date of filing the trademark application. This period can be renewed indefinitely, provided the trademark is used within the UAE every ten years (WIPO, 2023). The law additionally provides exclusive rights for industrial designs, which encompass patterns, shapes, and colors. This protection lasts for 25 years from the date of application. Notably, this term can be renewed indefinitely, provided the design remains in use within the UAE during each subsequent renewal period (Massadeh & Kameel, 2020).
Furthermore, the Copyright Law prohibits third parties from copying, reproducing, adapting, distributing, performing, or broadcasting Family Inada’s IPRs without the company’s consent. Any infringement will result in criminal penalties and civil damages. In addition, the law also provides it with the right to file a complaint with the UAE MoE, which can take necessary measures to remove any infringing material and order legal proceedings against the infringer (Massadeh & Kameel, 2020).
Apart from the Copyright Law, Family Inada can also utilize the services of the UAE Free Zones, which offer a range of incentives, including a streamlined patent registration process, duty-free import and export of goods and services, and zero corporate and personal income taxes. These services are designed to facilitate the protection of the company’s IPRs.
Finally, the manufacturer can also utilize the services of the ICC, a global organization dedicated to promoting the protection and enforcement of IPRs. The ICC provides a range of services, including mediation and arbitration, for resolving IPR disputes (WIPO, 2023). Therefore, the UAE provides Family Inada with a solid legal and regulatory framework to protect their IPRs.
Conclusion
To conclude, the UAE provides ample protection for Family Inada’s IPRs through its comprehensive legal system. The Copyright Law grants exclusive rights and compensation for infringement. The UAE also facilitates IPR protection with benefits like streamlined patent registration, duty-free trade, and zero corporate and income taxes. Because the country is a member of the Paris Convention and offers ICC services for dispute resolution, the protection of the company’s intellectual property is considered adequate.
References
WIPO. “Family Inada: Japan’s Leading Technology Manufacturer of Massage Chairs.” 2023. Web.
Al-Kammaz, Malik. 2019. “Consultation Requests Filed with WTO by the State of Qatar Concerning Measures Adopted by United Arab Emirates: An Analysis of the Legal Bases of the Requests and the Anticipated Invocation of Article XXI Regarding Security Exemption.” SSRN. Web.
Massadeh, Ali Abdel, Fayez Mohammad Alnusair, Firas Abdel-Mahdi Massadeh, Ahmad Abed Alhusban, and Haitham A. Haloush. 2022. “Is Criminalisation Necessary for the Enforcement of Intellectual Property Rights in Jordan and the UAE? Criminal v Commercial Measures.” Crime, Law and Social Change. Web.
Massadeh, Firas Abdel-Mahdi, and Tariq Abdel Kameel. 2020. “The Role of Intellectual Property Laws in Creating a Favourable Environment for Investment.” Arab Law Quarterly 34 (4): 428–39. Web.
Wulandari, Fenny. 2022. “Protection of Communal Intellectual Property Rights through Geographical Indication System.” Veteran Law Review 5 (2): 115. Web..