A Guide to Industrial Design Registration in the UAE

 

Securing industrial design rights is essential for businesses and individuals who want to protect their creative work from unauthorized use. In the UAE, industrial design registration grants exclusive ownership, allowing the holder to control its use, licensing, and legal enforcement against infringement.

With a strong intellectual property framework, the UAE provides a reliable system for safeguarding innovative designs across various industries. This post enlists the major steps involved in registering an industrial design in the UAE, from application submission to examination, publication, and potential opposition.

Understanding the process can help businesses and individuals navigate registration requirements effectively and ensure their designs receive the legal protection they deserve.

1. Understanding Industrial Design Registration in the UAE

An industrial design refers to the visual appearance of a product, including its shape, pattern, and colors. Registering an industrial design in the UAE provides legal protection against unauthorized copying and commercial use.

The UAE Ministry of Economy is responsible for overseeing the registration process and ensuring compliance with intellectual property laws. To qualify for registration, a design must be:

• New and original.
• Applicable to industrial or handicraft products.
• Not in conflict with public order or moral standards set by UAE law.

Businesses and individuals can register multiple related designs under a single application, provided they are connected in terms of manufacturing and usage, with a maximum of twenty designs per application.

2. Steps for Registering an Industrial Design in the UAE

2.1 Preparing the Required Documents

Applicants must submit specific documents to support their industrial design registration, including:

• A formal application requesting design registration.
• Clear representations of the design, including two copies of each view for 3D designs or two copies of the design for 2D representations.
• A certified copy of the Priority Document, along with Arabic and English translations (to be submitted within 90 days of filing).
• An original Power of Attorney (PoA), legalized by the UAE Consulate, within 90 days of filing.
• A Deed of Assignment from the designer(s) to the applicant (if the applicant is not the designer), legalized by the UAE Consulate, within 90 days of filing.
• A Certificate of Incorporation or Articles of Association (for corporate applicants), also legalized by the UAE Consulate, within 90 days of filing.

2.2 Filing the Application

The UAE Ministry of Economy oversees industrial design registration. The filing process includes:

• Submitting the application along with the required documents and design representations.
• A formal examination by the Patent Office to ensure compliance with filing requirements. Unlike patents, industrial designs are not subjected to a substantive examination for novelty or inventive step.
• Publication of the accepted application in the Official Gazette, allowing third parties to file opposition if necessary.
• Issuance of the registration certificate if no oppositions are raised within the designated period.

2.3 Payment of Fees and Timelines

The registration of an industrial design in the UAE grants protection for ten years from the filing date. Annual maintenance fees must be paid starting from the date of filing to keep the registration valid.

The overall cost varies based on the applicant type (individual or corporate) and the number of designs included in the application. Industrial design registration must be filed within six months from the priority date if claiming priority under international agreements.

3. Examination and Approval Process

- Formality Examination

Once the application is submitted, it undergoes a formality examination. This step ensures that all required documents are complete, correctly formatted, and meet the procedural requirements. If deficiencies are found, applicants are notified and given a deadline to correct them.

- Common Grounds for Rejection

An industrial design application may be rejected for the following reasons:

• Lack of novelty: If the design has already been publicly disclosed before filing. However, a 12-month novelty grace period applies if the disclosure was made by the designer.
• Violation of public order or morality: Designs that include offensive, inappropriate, or culturally insensitive elements may be refused.
• Failure to comply with formal requirements: Missing documents, incorrect filings, or failure to pay required fees can lead to rejection.
• Similarity to prior registered designs: If a design is too similar to an existing registered industrial design, it may not qualify for protection.

4. Publication and Opposition

- Process of Design Publication

Once the application passes the examination stage, it is published in the UAE Official Gazette, making it publicly available for review. The publication process takes around two months from the registration fee payment date.

- Opposition Procedures and Grounds

After publication, third parties have the opportunity to file an opposition to the design registration. If an opposition is filed, the Ministry of Economy reviews the case before making a final decision. An opposition can be raised on the following grounds:

• The design lacks novelty or was previously disclosed.
• The design is too similar to an already registered industrial design.
• The design violates public order or moral standards in the UAE.
• The applicant does not have the right to register the design.

5. Appeals and Dispute Resolution

- Challenging a Refusal

If an industrial design application is rejected, the applicant has the right to appeal the decision. The appeal process involves:

• Submitting an appeal request with the required fee.
• The Ministry of Economy reviewing the case and requesting additional documentation if needed.
• Further legal actions if the refusal is upheld.

6. Design Protection Duration and Maintenance

An industrial design registration in the UAE is valid for ten years from the filing date. Annual maintenance fees must be paid to maintain validity. Failure to pay on time may result in late fees or loss of protection.

7. International Design Protection in the UAE

Foreign applicants looking to register an industrial design in the UAE must work with a registered Emirati patent attorney. If claiming priority from a foreign filing, they must submit the priority claim within six months of the original filing date.

Unlike some jurisdictions, the UAE is not part of the Hague Agreement for International Design Protection, meaning applicants must file directly through the UAE Patent Office.

Importance of Design Registration for Business Setup in the UAE

For businesses looking to make a unique presence in the UAE, design registration becomes a crucial process for company formation in the UAE. Registering an industrial design in the UAE involves multiple steps, from preparing documents and filing an application to undergoing examination and potential opposition.

To increase the chances of a successful registration, applicants should conduct thorough novelty searches, work with experienced patent attorneys, and ensure timely submission of all required documents.