Trade Marks & Copyright 2026 Comparisons

The current statutory law on trade marks in the UAE is Federal Law No 36 of 2021 on Trademarks, which replaced Federal Law No 37 of 1992 (the “Trademark Law”). The Trademark Law’s implementing regulations came under Cabinet Decision No 57 of 2022.

Federal Law No 38 of 2021 on Copyrights and Neighboring Rights (the “Copyright Law”) governs copyright in the UAE.

The Trademark Law does not have provisions on common law rights, yet they are recognised by UAE courts. Article 4(2) of the Trademark Law permits the use of well-known marks as evidence of rights ownership. By contrast, copyrights are recognised without registration under the Berne Convention, arising automatically upon the creation of works.

The UAE is a signatory/member of the following trade mark treaties/bodies:

• Paris Convention for the Protection of Industrial Property;
• World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);
• Nice Agreement Concerning the International Classification of Goods and Services;
• Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks;
• Madrid Protocol (International Registration of Marks); and
• World Intellectual Property Organisation (WIPO).

The UAE is also a signatory of the following copyright treaties:

• Berne Convention – protects foreign works automatically without registration;
• WIPO Copyright Treaty – implements digital and internet-related copyright protections;
• Rome Convention – protects performers, producers of phonograms and broadcasting; organisations; and
• TRIPS (as a WTO member).

Treaties are not self-executing; they must be incorporated into UAE domestic law to be enforceable.

Foreign IP holders enforce rights through UAE domestic law. Copyright protection is automatic upon creation; registration is optional but aids enforcement. Berne Convention countries’ works are protected without formalities. Courts enforce rights with criminal penalties for piracy and counterfeiting.

The Trademark Law recognises traditional and non-traditional trade marks.

Traditional marks include:

• word marks (names, words, letters, numbers and slogans);
• figurative/device marks (logos, symbols, shapes and drawings); and
• combined marks (words + graphics combinations).

Non-traditional marks include:

• 3D marks (product/packaging shapes with distinctive character);
• colour marks (single colours or combinations, if distinctiveness is proven);
• sound marks (distinctive sounds identifying goods/services);
• scent marks (olfactory marks if distinctive and clearly represented);
• hologram marks (holographic images or effects);
• position marks (specific placement of a sign on a product); and
• motion marks (moving or animated logos).

Special categories include:

• collective marks (used by association or group members);
• certification marks (certify quality, origin, materials or standards – used by authorised third parties, not the owner); and
• geographical indications (identify goods from specific places where quality, reputation or characteristics are attributable to geographical origin – can be registered by producing communities, competent authorities, producer groups/associations or foreign entities with protection in the home country).

Service marks are recognised for all service classes (Classes 35–45) under the Nice Classification. Article 3(7) prohibits the registration of third-party names or surnames without consent. However, surnames can be registered if distinctive, non-descriptive and non-misleading, and if they do not violate public morals or traditions.

Famous foreign marks are protected without domestic use or registration if demonstrably well-known among the UAE’s relevant public.

Criteria for well-known mark status include:

• public knowledge and recognition due to promotion;
• sufficient duration and extent of registration and use (internationally and in the UAE);
• commercial value; and
• tangible impact on the promotion of associated goods/services.

Well-known marks receive enhanced protection against unauthorised registration or use, even for similar or identical goods. Protection extends to dissimilar goods/services if dilution risk exists or use implies false connection.

Evidence for enforcement includes market surveys, advertisements in international publications, print media articles, advertising and media coverage, sales figures, and proof of foreign registration and use.

Marks must be sufficiently distinctive to distinguish certain goods/services from others. Use in commerce is not required for trade mark recognition or maintenance in the UAE, though it is recommended. To prove acquired distinctiveness (secondary meaning), the evidence must show the public recognises the mark as identifying a specific source, including:

• lengthy use in the UAE;
• sales invoices;
• contracts and distribution agreements;
• online sales data; and
• promotional evidence (TV, print, digital campaigns, social media).

Longer use and more extensive advertising strengthen the case for secondary meaning. For prohibited marks, see 4.10 Refusal of Registration.

Under the Trademark Law, trade mark owners have the following rights:

• exclusive rights to use the mark for registered goods/services;
• to stop third parties from using the same or confusingly similar marks without authorisation;
• to grant licences to third parties;
• to take action against infringements; and
• to record the mark with customs to prevent the entry of counterfeit goods at the border.

Rights persist throughout the mark’s term if the mark remains valid and is not cancelled.

Evidence of use is not required for trade mark filing, maintenance or renewal in the UAE. Marks not used for five consecutive years are vulnerable to non-use cancellation by third parties.

The UAE trade mark symbols are as follows:

• ® – registered trade marks only;
• superscript TM – unregistered trade marks for goods; and
• ℠ – unregistered service marks.

The ® symbol may only be used after official registration approval. Using ® for unregistered or pending marks is illegal. ™ and ℠ may be used for unregistered marks or while registration is pending.

Use of symbols is not mandatory but recommended to provide public notice and deter infringers. There are no consequences for failing to provide notice of trade mark ownership.

Trade marks and copyright are distinct in the UAE. Copyright protects original creative works (books, software, graphics), while trade marks protect names, logos and symbols under the Trademark Law. A trade mark logo may also receive copyright protection if it is an original artistic work, in addition to trade mark registration for brand identity protection.

Under the Copyright Law, protected works include:

• literary works;
• software, apps and databases;
• oral, theatrical, musical and audiovisual works;
• architecture, engineering drawings and sculptures
• applied/plastic arts, photography and illustrations;
• 3D works;
• derivative works;
• innovative titles; and
• broadcasts.

Excluded works include ideas, methods, procedures, mathematical concepts, official documents, purely informative news and public domain works.

Industrial designs are governed by Federal Law No 11 of 2021. Copyright may apply if original artistic elements are distinct from functional aspects.

Copyright protection requires:

• creative expression in literature, arts or sciences (not ideas);
• originality (author’s intellectual effort, not copied);
• authorship (natural person or legal entity);
• a perceivable form (document, recording, code, art); and
• automaticity upon creation (registration optional).

The author is the person who creates a work, is named on it or is ascribed ownership unless proven otherwise (Article 1, the Copyright Law). Anonymous/pen-name works are represented by the publisher/producer until identified.

The author must create work in letters, arts or sciences with original content. Works for hire belong to the employer if created with employer resources or in the course of employment; otherwise, the employee retains authorship.

Only natural/legal persons can be authors; AI, animals and non-humans are excluded. Joint authorship arises when contributions are inseparable. Co-authors include scenarists, composers, directors and modifiers. Equal authorship is presumed without agreement. Each author can exploit their portion if it does not affect the others and take infringement action. Ownership shares are modifiable by agreement.

The Copyright Law grants economic and moral rights.

Economic Rights

These include reproduction, distribution, public performance, broadcasting, translation, adaptation, rental and other forms of exploitation, and may be licensed or assigned. Rights persist throughout the term.

Moral Rights

These are personal, perpetual and non-transferable, and include authorship claims, objection to harmful modifications and the decision on first publication/withdrawal of the work (except software/apps). These rights are protected indefinitely.

Copyright protection terms are as follows:

• literary, artistic and scientific works – author’s life plus 50 years;
• joint works – 50 years after the death of the last surviving author;
• anonymous/pseudonymous – 50 years from the first publication;
• applied art – 25 years;
• performances/sound recordings – 50 years from performance or fixation/publication; and
• broadcasts – 20 years from the first broadcast.

Rights expire automatically at the end of the term, and works then enter the public domain. Economic rights can be transferred or waived, whereas moral rights are perpetual and cannot be waived. Unprotected works (ideas, methods, procedures, facts, laws, court judgments, news) have no rights.

Collective management is governed by Articles 32–34 of the Copyright Law and Cabinet Resolution No 47 of 2022. Right-holders assign economic rights to licensed collective management organisations (CMOs), which require Ministry of Economy approval and must operate non-discriminatorily.

Existing CMOs include:

• the Emirates Music Rights Association (EMRA) – music performance, broadcasts and streaming royalties;
• Music Nation – a licensed music CMO; and
• the Emirates Reprographic Rights Management Association (ERRA) – copying/reproduction rights for printed works.

Functions include licensing, royalty collection and distribution, governance, transparency and internal dispute resolution. Management cannot be refused without a legal basis.

As a Berne Convention member, copyright arises automatically upon creation in the UAE, and registration is not required. Registration with the Ministry of Economy, though optional, is recommended as proof of ownership. The Work Right Register maintained by the Ministry and is not publicly accessible.

Authors, rights holders, neighbouring rights holders, successors and foreign applicants (who must use a licensed local IP firm) can register. There are no formalities, and no notices or symbols are required. Registration is solely for evidentiary purposes.

Applications are submitted online via the Ministry of Economy’s website. The required information (Article 2, Cabinet Resolution No 47 of 2022) includes:

• work – title, type, description and language;
• applicant – name, nationality, capacity, address and notarised/legalised power of attorney (POA) if represented;
• author – name, pseudonym, nationality, address and date of death (if applicable);
• directing/assigning entity (with supporting documents);
• publisher – name, address, publication date/place and international number (if any);
• transferee – type, duration and scope (with supporting documents);
• copy of work;
• passports/IDs of applicant, author and transferee; and
• additional documents if requested by the Ministry.

The Ministry examines applications; deficiencies are correctable within 60 days. Approved works receive a work registration certificate. Rejections are appealable to the Grievances Committee or courts, and the fees are AED50 (USD14) for individuals and AED200 (USD55) for companies.

Registration is refused if the work is unprotected under Article 3, requires an unobtained permit, lacks the required data/documents, is not in its final form (draft/idea) or violates law/regulations.

Appeals may be made to the Grievances Committee, and then to the courts. Incomplete/incorrect information is correctable within 60 days; failure to make corrections may result in rejection. Corrected applications can be resubmitted.

Copyright and trade marks are separate IP rights. Works can have both protections (eg, a logo copyrighted as artwork and trademarked as a brand). Copyright law is not limited based on the existence of a trade mark. Copyright protects creative expression; trade marks protect market identifiers. They coexist without conflict.

The Trademark Law does not clearly protect unregistered marks or recognise “prior use” for opposition. Protection is based on trade mark registration. However, courts have allowed prior users to defend ownership rights against later registrations if they prove ongoing UAE use before the other party’s filing. Prior use must be in the UAE, not foreign countries.

Despite court leniency towards prior use, registration remains essential for legal protection. For registered trade mark rights, see 2.3 Trade Mark Rights.

The UAE Trademark Office maintains a register (Article 5). Searching prior registered marks before filing is normal practice, though not mandatory; it helps identify potential objections on relative grounds. Anyone can search the database by class upon paying the prescribed fee.

Registration is valid for ten years from filing and renewable for successive ten-year terms. Renewal can be effected in the ninth year. After expiry, there is a six-month grace period with a late fee. After the grace period, renewal or revival is not possible, and the mark lapses.

There is no use requirement for renewal or maintenance. Expired registrations cannot be revived; re-filing is necessary.

Applications are filed electronically via the UAE Trademark Office portal, and the fee is USD205 per class.

All applicants must provide:

• contact details (name, address);
• a high-resolution trade mark image (JPEG/PDF; not required for word marks); and
• a list of goods/services.

Local companies require:

• a copy of their trade licence; and
• notarised POA.

Foreign companies require:

• legalised POA (up to the UAE consulate in their home country); and
• a priority document (if claiming priority based on an earlier foreign filing).

Concerning POA submission, a signed copy is acceptable at filing; fully notarised/legalised POA is required within 90 days or the application lapses.

Multi-class filing was introduced in 2021 but is not yet available on the online portal. Any individual, legal entity or trade body (local or foreign) can apply. Foreign applicants without a UAE licence must appoint a licensed UAE trade mark agent.

Please refer to 2.4 Use in Commerce.

The Trademark Office examines relative grounds by checking the Official Register for identical or confusingly similar marks for similar goods/services.

Applications cannot be changed during registration. Post-registration amendments can be made via recordal application to the Trademark Office.

Registered mark owners can apply to the Ministry of Economy for additions/modifications to a mark’s form, or to goods or services, if it does not significantly affect the substance. This is subject to examination.

Division of application is not possible in the UAE.

Incorrect information may affect the owner’s rights. The Trademark Office checks formalities during the examination; formality issues are likely to result in rejection.

The Trademark Office may refuse applications under Article 3 (absolute grounds) in case of:

• non-distinctive marks or generic/descriptive terms;
• marks violating public morals or order;
• public emblems, flags, official symbols, coins, banknotes and state/country/organisation symbols;
• red crescent/cross symbols or imitations;
• religious symbols;
• geographical names causing origin confusion;
• use of third-party names/surnames without consent;
• unproven academic or honorary degrees;
• deceptive marks or false origin/characteristics information;
• marks containing others’ trade names;
• marks owned by prohibited persons/entities;
• marks identical/similar to prior filed/registered marks for the same/related goods if this creates the impression of connection or harms interests;
• marks reducing the value of prior marks;
• copies/imitations/translations of well-known marks for identical/similar goods;
• copies/imitations/translations of well-known marks (general);
• marks containing the term “Concession”, “Registered” or “Copyright”, or similar terms; and
• 3D shapes resulting from the product’s nature or technical necessity without distinctive elements.

Applicants may appeal refusals to the Trademark Committee within 30 days of notification.

The UAE is a Madrid Protocol member (effective 28 December 2021). Requirements for international registrations include:

• real and effective industrial/commercial establishment in a Madrid Protocol member country;
• domiciled in a Madrid Protocol member country; or
• national of a Madrid Protocol member country.

The applicant must also have registered or filed an application (basic mark) with the office of origin.

After substantive examination, marks are published. Third parties can oppose within 30 days; there are no extensions and no cooling-off period (though parties may settle during proceedings).

The revocation/cancellation timeframes are as follows:

• prior users have five years to challenge registration;
• cancellation is possible in case of non-use for five consecutive years (exceptions are made if there are justified reasons); and
• bad faith – challengeable at any time, with good faith presumed after five years of use without dispute.

Copyright has no cancellation mechanism (does not depend on registration). Compulsory licensing is available (Article 21) but does not terminate copyright; it permits limited use while the author’s rights remain intact.

If a mark imitates/is similar to an existing mark or otherwise unregistrable, there are grounds for opposition. Cancellation grounds (Article 24 of the Trademark Law) include the following:

• an owner may request removal for all/part of goods/services;
• a well-known mark owner can cancel a similar registered mark within five years (unless the registrant acted in in bad faith); and
• an interested party can cancel for reason of non-use (five consecutive years) unless emergency circumstances prevented use.

Cancellation decisions are appealable to the court of appeal.

Any interested party may oppose. Trademark registration is not required but strengthens the position. Foreign opponents must have a licensed attorney. The official fees are USD2,043 (filing) and USD96 (hearing). Attorney fees are USD2,000–3,500.

Revocation/cancellation is initiated by the mark owner, prior mark owner or interested third party (licensee, distributor). Licensees/distributors need valid POA from the prior mark owner.

Publication initiates a 30-day opposition period. The applicant has 30 days from official notification to file a counterstatement; otherwise, the application is deemed abandoned. If a counterstatement is filed, the Trademark Office holds a hearing for written submissions and evidence. The decision is then issued.

No discovery is taken. The system is based on document exchange and submission of evidence via formal statements with supporting documents. Revocation/cancellation is filed with the Ministry, not the court – although this is subsequently appealable. Partial revocation/cancellation is possible for voluntary owner requests.

Trademark Office decisions are appealable to the Trademark Appeal Committee within 30 days of receipt.

There is no specific procedure for amending grounds/details during active cancellation proceedings. Arguments and evidence should be submitted at filing or during response periods. Supplementary submissions to the Ministry of Economy are allowed.

Cancellation and infringement cannot be heard together; these are treated as different actions before different committees, and timelines may differ.

Under Article 24(4) of the Trademark Law, the Ministry of Economy may cancel fraudulently registered marks on its own initiative or on interested parties’ request. An application under investigation is not suspended pending results.

For assigning a trade mark, an attested assignment document and POA from the assignee are required. Partial assignments of trade marks are not permitted.

Copyright assignments/licences must be in writing, stating the transferred/licensed rights, purpose, duration and place (Article 9(1) of the Trademark Law). Registration is not required for validity (Article 4(2)).

Payment is made in cash or in kind, as a lump sum or revenue share (Article 10). Moral rights are non-transferable and remain with the author (Articles 5 and 9(3)).

Economic rights are transferable, in full or in part (Article 9(1)), and pass to heirs upon death (Articles 5(1) and 16(1)). If there are no heirs, the Ministry exercises the rights (Article 44).

For a trade mark, an attested licence agreement is signed by the licensor and licensee, with POA from the licensee. The mark must be registered; pending applications cannot be licensed.

Types of licences include:

• exclusive – only the licensee can use the mark for territory/goods/services;
• non-exclusive – multiple parties can use the same mark for territory/goods/services;
• unrecorded – no effect on third parties and cannot be enforced against them; and
• naked – no quality control provisions and does not invalidate the trade mark.

An application for copyright must be made in writing, stating the licensed rights, purpose, duration and place (Article 9(1) of the Trademark Law). The licence can be full or partial, and time-limited or perpetual.

The licence may cover reproduction, rental, broadcasting, transmission, public communication and online availability (Articles 7 and 8).

Software/applications/databases are governed by package/label/installation agreement terms; the user is bound by those terms (Article 12).

For trade marks, assignment must be recorded in the register, and published, to be enforceable against third parties (Article 28(3)). For licensing, recording is not necessary (Article 31).

Copyright assignments/licences are valid without registration (Article 4(2)). Although registration is not mandatory, it helps prove ownership and priority. Unregistered transfers risk disputes over date, scope and extent, and conflicts with later transfers.

There is no statutory time requirement for trade mark/copyright infringement claims. For trade marks, civil compensation claims must be brought within three years from awareness of any infringement. Since the date of awareness is difficult to prove, filing within three years of infringement is needed. Copyright is governed by the UAE Civil Code. For tort-based claims, the period is three years from awareness of any infringement and of the infringer. Filing within three years of infringement is again needed.

Contractual claims have a longer limitation period. Concerning moral rights, there is no prescription. Courts may consider a delay when assessing liability/compensation.

Registered owners of trade marks can seek:

• permanent injunction;
• precautionary attachment and destruction of infringing goods;
• import/export restrictions;
• damages; and
• litigation costs.

Claims are stronger when the mark is registered.

Infringement types include:

• unauthorised use diminishing a mark’s value;
• deceptively similar marks causing consumer confusion about origin; and
• copying well-known marks (even for unrelated goods/services), thereby creating an unauthorised perception of connection.

Likelihood of confusion is judged considering visual, phonetic and conceptual similarities, and similarities of goods/services and channels of trade.

Remedies (civil, criminal and administrative) in case of copyright infringement include injunctions, seizure/destruction, compensation (moral/economic damages), fines, imprisonment, confiscation and customs suspension. These apply equally to registered/unregistered works (protection is automatic upon creation).

Infringement (unauthorised exploitation) encompasses reproduction, distribution, public communication, online availability, performance fixation/exploitation and interference with technological protections. Elements to prove include existence/ownership of the work, unauthorised third-party use, infringement in the UAE and damage (for compensation).

Though not specifically classified as direct/contributory infringement, the law recognises both direct infringement and secondary facilitation. Article 40 of the Trademark Law criminalises the circumvention of electronic copyright management systems (equivalent to rights management information per the WIPO Copyright Treaty).

For trade marks, the factors considered in determining whether use constitutes infringement are as follows:

• whether the sign is identical or confusingly similar to a registered mark;
• whether goods/services are identical/similar to those for which the mark is registered (or even dissimilar in case of well-known marks); and
• the likelihood of consumer confusion about origin.

For copyright, the factors considered in determining infringement (established under the Copyright Law) are as follows:

• violation of economic/moral rights (copying, distributing, performing, making available online);
• whether use is beyond permitted exceptions (personal, educational, quotation);
• unauthorised modifications, derivatives or commercial exploitation; and
• harm (in the context of compensation).

There are no prerequisites to filing a lawsuit. Legal notice is common but not necessary, and there is no mediation requirement.

Concerning restrictions, trade mark owners are vulnerable to counteraction in case of baseless/groundless threats. Copyright owners cannot prevent Article 22 exceptions (personal copies, educational, quotations, family performances, library/archive copying). Abusive enforcement or anti-competitive threats are challengeable under civil/competition law. Compulsory licences may permit use without consent (Article 21). Co-authors, employees and employers may hold economic rights (Articles 26–30), limiting unilateral enforcement.

Trade marks are filed with the Ministry of Economy. No legal notice is required. A mark must be registered in the UAE. A foreign trade mark owner may bring infringement claims in the UAE.

Copyright is filed with the civil court of first instance. Concerning urgent measures, a summary proceedings judge can order seizure, publication suspension or revenue attachment (Article 35 of the Trademark Law). Criminal proceedings are available (fines/imprisonment – Articles 39–41). Berne Convention members can file if infringement occurs in the UAE. Foreign owners can bring claims in the UAE.

No declaratory judgment proceedings are available. IP rights are protected by the registration certificate. The infringer cannot contest ownership but can initiate invalidation action within a specified timeframe. The infringer can also submit counterstatements/defences; the court reviews the evidence.

For trade marks, before litigation, an administrative complaint is filed with the Ministry of Economy regardless of claim size. For copyright, there are no separate tribunals. In urgent cases, the summary judge orders suspension/seizure/stop performances. Full claims are heard in the civil courts.

For trade marks, Ministry decisions may result in:

• seizure of infringing goods, materials, tools, equipment and proceeds; and
• prevention of entry to commercial channels and of export (including imported goods after customs clearance).

The civil courts are not bound by trade mark or copyright office decisions. The owner can file a civil court lawsuit for compensation.

Copyright office decisions (Ministry of Economy, Grievance Committee) do not automatically bind civil courts. Summary judge orders provide immediate relief; full disputes (including damages) are resolved in the civil courts.

Trade mark counterfeiting refers to fraudulent imitation of a trusted brand and using a trade mark without permission.

Criminal complaints (police/public prosecutor) can be made in case of:

• counterfeiting/forging a trade mark;
• knowingly using a forged/counterfeit mark;
• possession of counterfeiting tools;
• importing/exporting counterfeit goods; and
• selling counterfeit goods.

Importers must declare all goods, including alcohol, to customs; failure to do so is considered indicative of smuggling, attracting penalties and confiscation. Food requires health certificates, and alcohol requires special licences.

Copyright counterfeiting/bootlegging refers to unauthorised commercial/public use of protected work, or unauthorised recording/exploitation of live performances. Remedies include urgent orders (suspend publication, seize copies, attach revenues), customs blocking, confiscation, destruction and closure of the establishment involved. Liability includes civil compensation and criminal sanctions (imprisonment and fines; harsher for repeat offenders).

Trade marks are regulated by:

• the Trademark Law;
• Federal Law by Decree No 42 of 2023 (Anti-Commercial Fraud); and
• Federal Law No 15 of 2020 (Consumer Protection).

There are no specialised IP courts; matters are heard in commercial civil/criminal courts. Legal judges pass judgment, and parties cannot influence the decision-maker.

Special procedures for copyright include summary/interim relief (must file the main action within 20 days), mandatory Grievance Committee review, customs suspension (up to 20 days) and criminal enforcement.

Regular civil/criminal courts are used, with no juries. Experts may be appointed, but judges decide.

For trade marks, registration provides a stronger basis for litigation than prior use. Administrative authorities (Department of Economic Development, Ministry of Economy) only entertain complaints from registered owners. For copyright, registration is not required but helps prove ownership/date, supports quick court orders and assists customs action.

No defences expire over time. Moral rights are perpetual; economic rights are challengeable during the protection period.

First instance costs (including attorney fees) range from USD20,000 to USD35,000, depending on case complexity. Factors impacting cost include expert appointment and execution procedures, which involve additional costs.

Defences against infringement claims include:

• the mark is sufficiently different (in image, appearance, sound or meaning);
• the goods/services are different, challenging consumer confusion; and
• good faith use without knowledge of the registered mark.

The validity of an infringement claim may fail entirely if the following can be demonstrated:

• it is a generic/descriptive mark (should not be registered);
• it is a bad faith registration (eg, blocking a competitor’s prior use);
• there was prior commercial use in the UAE before registration (can be cancelled within five years); or
• there was non-use for five consecutive years (grounds for cancellation).

There are no enforceable rights if the mark is not registered in the UAE and is not well-known.

Articles 22–24 of Federal Law No 7 of 2002 provide limited “fair use” exceptions, allowing short excerpts for purposes such as criticism, review, education, research, news reporting or broadcasting – provided the use is non-commercial and the author/source is attributed.

While UAE law does not explicitly mention parody or satire, derivative works that comment on or critique copyrighted material using only what is necessary may fall under fair use, as long as they do not harm the author’s moral rights. Exceptions based on public interest or free speech similarly allow the use of works in news reporting, educational contexts or official speeches, with consideration of the purpose, scope and impact on the copyright owner. Registration of works is optional but provides legal advantages for enforcement.

Copyright law in the UAE does not recognise the doctrine of exhaustion (or first sale) for copyrighted works, including software. The law grants the copyright owner exclusive economic rights, and the mere sale or transfer of a copy does not automatically transfer those rights. Instead, the use and distribution of copyrighted works, particularly software, are governed by the terms of a licence agreement between the copyright holder and the user. Even if a customer purchases a copy, the copyright owner retains control over reproduction, distribution and other uses, and the customer’s rights are limited to what the licence permits. Therefore, unlike trade marks, where parallel import may be restricted via a local agent or distributor, in copyright, the concept of a local distributor does not exist, and unauthorised resale or sharing, whether digital or physical, is generally prohibited.

Judges in the UAE have discretion in ordering remedies. Trade mark owners can apply to the court for the injunctive or precautionary relief that is awarded when required to prevent injustice from allowing a party to continue the business related to the dispute, provided the applicant has strong grounds for an infringement claim or a good reason as to why the defendant will dissipate the related assets, etc.

Once a precautionary measure is granted, the trade mark owner must file the main lawsuit within 20 days; otherwise, the order may be cancelled at the defendant’s request. The defendant may file an appeal against a preliminary injunction, where the defendant may challenge the plaintiff’s standing, if:

• the seized products are not mentioned in the plaintiff’s trade mark registration certificate;
• the trade mark on the seized goods is different from the shape of the mark on the plaintiff’s trade mark registration certificate;
• the plaintiff has not provided sufficient security to compensate the defendant for damages if it turns out that s/he is not entitled to his/her claim;
• there are substantial defects in the POA of the plaintiff’s lawyer;
• the plaintiff also holds a trade mark registration certificate for the mark on his or her goods; or
• there is prior consent from the trade mark owner allowing the defendant to use the trade mark.

The foregoing cases apply to both copyright and other IP rights.

The copyright owner may obtain urgent interim injunctive relief from the judge of summary proceedings, including suspension of publication, manufacture, performance or communication of the infringing work, seizure of infringing copies and reproduction materials, attachment of revenues generated from infringement and suspension of customs clearance of infringing goods for up to 20 days.

The judge has broad discretion to grant, limit, modify or revoke such measures and may require the applicant to provide security. Injunctive relief is granted where the claimant establishes prima facie ownership of a protected work, prima facie infringement, and urgency or risk of continued harm; the law does not expressly require proof of irreparable harm, balance of hardships or public interest as in common law jurisdictions. A defendant may oppose a preliminary injunction by showing lack of infringement, applicability of statutory exceptions, public domain status, valid authorisation or licence, absence of urgency, delay, disproportionality, abuse of process or procedural defects.

The following monetary remedies are available to trade mark and/or copyright owners:

• the trade mark owner may file a lawsuit with the civil court to claim compensation in accordance with the damages incurred; and
• recovery of the costs of the suit – ie, costs incurred during litigation.

The judges have the discretion to decide whether to grant these remedies, as well as the amount to be ordered. While determining this, the court will keep in mind the following factors:

• the claimant is responsible for proving the defendant’s fault or breach, the actual damage suffered and the direct causal link between the two;
• the evidence that the claimant has been able to submit – ie, whether it justifies the amount claimed; and
• whether the trade mark that has been infringed is a well-known mark.

Courts are not required to follow a specific calculation method or provide a breakdown of the award, which can lead to variability in judgments. Courts often appoint experts (eg, medical or financial experts) to assess the extent of the harm and associated costs, and tend to rely heavily on their reports.

Copyright owners may claim civil compensation for actual damage suffered, including loss of profits and moral harm, under general civil law principles and Article 43 of the Copyright Law. There are no fixed formulas or statutory caps for civil damages; compensation is usually assessed based on actual proven loss, lost profits, market impact and indicators of unjust enrichment, and moral damages may be awarded where reputation or attribution is harmed. In practice, courts often appoint a court expert to examine and quantify damages, and while the court generally relies on the expert’s report, it retains full discretion to accept, modify or disregard it. Registration is not a prerequisite to claim civil compensation for copyright in the UAE, but it provides strong evidentiary value as prima facie proof of ownership and date.

Each party is responsible for bearing costs such as expenses and attorneys’ fees. The official fees are paid by the claimant/complainant who initiates the litigation/appeal. The court may include in its judgment the decision that the losing party should pay a particular amount of the costs (decided by the court) as the prevailing party’s attorney fees.

The trade mark or copyright owner can seek relief without notice to the defendant, as it is not mandatory to send legal notice to the infringer under UAE law.

The UAE has a system for customs seizure of counterfeits and parallel imports. Recording the trade mark with the customs authorities of each Emirate is a preventive measure that enables customs officials to monitor incoming and outgoing shipments marked under these recorded trade marks. If a shipment appears to be suspicious, customs have the power to detain it and notify the trade mark owner or its authorised agent in the UAE. If the trade mark owner or its agent confirms that the goods are counterfeit, the customs department proceeds with seizure of the goods.

Customs can seize counterfeit products and pass on the matter to the public prosecutor, and then the criminal courts, which will then issue an order for the destruction of the goods. To enable the customs department to regulate and monitor shipments, it is strongly recommended that the trade mark be recorded therewith.

Under the Copyright Law, customs may seize suspected counterfeit goods, either on their own initiative or at the request of the copyright owner. Registration or prior recordal is not required but is recommended to facilitate enforcement. Suspected goods may be detained for up to 20 days, during which time the right-holder can inspect them and initiate civil or criminal proceedings. Unlike trade marks, there is no concept of a local distributor for copyright, so genuine imports without the owner’s consent are generally not seized unless other copyright violations occur.

Trade Marks

Either party can appeal against the decision of the Ministry of Economy before the Federal Court of Appeal, within 30 days of the decision.

Copyright

Any person affected by a summary court order may first file a grievance with the president of that court within 15 days, who may uphold, revoke or modify the order. Decisions issued by the Grievance Committee of Copyright and Neighboring Rights can be appealed to the Federal Court of Appeal within 30 days. Civil judgments on copyright infringement may also be appealed following the usual procedures under the UAE Civil Procedure Law.

The decision of the Federal Court of Appeal can be appealed before the Court of Cassation within 30 days from the date of the decision. A matter before the Federal Court of Appeal is typically decided within 6–8 months. However, this timeline may vary on case-to-case basis.

Key Developments in Trade Mark Law

UAE Federal Decree-Law No 36/2021 and its Implementing Regulations of 2022 aim to provide adequate protection of trade mark rights.

Key trends and developments include:

• the provision of expedited examination of trade mark applications;
• Madrid system integration;
• trade mark cancellation actions can be filed with the trade mark department (appealable), and appeals can be made against the Grievance Committee’s decisions before the Federal Court of Appeals (without the court of first instance), reducing the length of the litigation process;
• availability of protection for non-traditional marks such as 3D, sound and scent marks;
• stronger enforcement – customs can confiscate infringing imports before clearance, with fines of up to AED1 million in cases of counterfeiting; and
• establishment of a new service within the UAE Ministry of Economy to handle complaints related to domain name infringement.

To date, there have been no court rulings related to AI in the UAE, whether in ordinary cases or IP disputes.

However, judicial authorities have begun taking preliminary steps and are showing interest in utilising AI in their future work. The UAE judiciary is open to learning from legal precedents in other countries.

Key Developments in Copyright Law

The Copyright Law has:

• expanded the scope of protection – the law now covers traditional (literary, artistic) and new (computer programmes, databases, smart applications, applied artworks) fields.
• achieved international alignment – exceptions were included to protect visually impaired individuals, in response to the UAE joining the Marrakesh Treaty, thus facilitating access to published works;
• provided compensation for authors – civil compensation was added for authors affected by infringements, in addition to the imposition of fines;
• established a Dispute Resolution Committee – a specialised committee to review copyright disputes, expediting their resolution through streamlined procedures;
• increased penalties – the maximum penalties have been raised to deter violators and strengthen rights protection; and
• granted automatic protection – protection is ensured as soon as the work is produced and does not require prior registration, and registration is available to document the right.

UAE law does not directly require consumers to “know” their IP rights, but it establishes strict laws to protect them. Producers and suppliers are responsible for respecting these rights, while consumers are empowered to enjoy them and protect themselves from violations through consumer protection laws that secure access to genuine products. Institutions such as the Dubai Consumer Protection Department also play an awareness-raising role in addressing violations.