Your investment is our concern.
You invest, we protect.
The more successful your trademark,
the better our economy.
Your Idea .. Your Property
IPR
Intellectual Property
Rights Department
Second edition 2015
H.H. Sheikh Mohammed bin Rashid Al Maktoum
Vice President and Prime Minister of the UAE and Ruler of Dubai
Don’t talk about your achievements; let these achievements speak for themselves
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Intellectual Property Rights Department
Dubai Customs strongly believes in the intellectual property rights of manufacturers
and intellectuals alike in all fields whether industrial, commercial or literary.
By clamping down on counterfeit products as well as any activities that might pose
a threat to public health and safety or jeopardize the rights of trademark owners,
Dubai Customs is streamlining and supporting legitimate global trade, in a bid to
reinforce Dubai’s pivotal role in facilitating trade flow between east and west.
Intellectual Property Rights Department
Safeguarding local and international community and economy
Dubai Customs has exerted considerable and determined efforts to educate the
public on IPR and the hazards and harms of using counterfeit products on the
community and the health of its members. Regular public workshops were held
at schools, universities, shopping centers and clubs across the UAE. In addition,
customs inspectors receive training courses throughout the year in order to increase
their knowledge and understanding of how to differentiate between original and
fake goods, recognizing the distinct features that mark a genuine product from
a replica. Such workshops take place in participation with the trademark owners
themselves which reflects positively on the inspectors’ competencies and their
efforts in protecting the local community and maintaining the Emirati people’s
health and safety.
Ahmed Mahboob Musabih
Director of Dubai Customs
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Intellectual Property Rights Department
Contents
Vision, Mission and Corporate Values
Our Vision
The leading customs administration in the world supporting legitimate trade
Our Mission
Protecting the society and sustaining economic development through compliance
and facilitation.
Our Values
• Leadership: To adopt global best practices in customs work that will sustain
reputation of Dubai as a global trading hub.
• Team spirit: To work as a team to achieve the vision, mission and strategic goals
of Dubai Customs.
• Honesty and integrity: To ensure objectivity, fairness and transparency, and
uphold public interest over personal interest.
• Motivation and creativity: To create a stimulating and motivating work environment
that inspires creative initiatives and promotes institutional loyalty.
• Professionalism: To perform our business efficiently and accurately, supported
by determination and sense of challenge.
• Fidelity and loyalty: To be proud of working for Dubai Customs and seek to
improve its performance, reputation and image.
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We Are IPR
Unified IP Team
Chapter 2 -------------------------------What is Intellectual Property Rights (IPR) Protection?
Intellectual Property Rights Department
Chapter 1 --------------------------------
Chapter 3 -------------------------------Trademark Recording and Commercial Agencies
Chapter 4 -------------------------------Awareness & Education
Dubai Customs IP Award
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We are
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Intellectual Property Rights Department
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Intellectual Property Rights Department
Intellectual Property Rights Department
Intellectual Property Rights Department
Dubai Customs’ IPR Department is the first unit of its kind in the Middle East.
Its importance comes from being a federal IPR law enforcement body, securing
Dubai’s 21 main inland, sea and air entry points.
The IPR Department commenced its operations on June 2005 ,30, under a
decision issued by the Director General of Dubai Customs. The IPR Department is
based in DC’s main building.
It was established as an independent administrative unit at DC to keep pace
with the state’s policy as well as demonstrate DC’s strong commitment to protect
intellectual and industrial property rights, in fulfillment of international agreements
and treaties, namely the Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS), and the Common Customs Law of the GCC States.
Duties of the IPR Department
The IPR Department undertakes the following functions:
• Implement federal and local agreements and laws that address IPR protection.
• Keep abreast of laws, resolutions and treaties and international classification of
trademarks and all developments in the international arena.
• Create a database containing registered trademarks details that have been
recorded for the purposes of customs control and protection, and to update the
database with most recent measures taken by the manufacturers to distinguish
between their authentic goods and counterfeit ones.
• Provide expert opinion and support customs cases by presenting reports affirming
the occurrence of counterfeiting, in coordination with the competent agencies.
• Guide and supervise education and awareness of customs inspectors in particular
and the consumer in general in respect to IPR protection.
• Strengthen the relations among trademark owners and to tighten control over
goods being infringed in a manner that would positively support the global
current economic scene.
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The theme “Together for a Better Protection” chosen by the IPR Department has
substantiated the concept of teamwork with the goal of establishing a single
chain linking efforts being made by advocates, trademark registration agents,
trademark owners, trademark manufacturers, federal ministries and authorities
and local government departments, competent chambers of commerce and
customs centres. A smooth coordination between stakeholders and concerned
authorities is aimed at achieving maximum possible protection of IPR.
The IPR Department has made a number of successes and
achievements including but not limited to:
1. Earning DGEP award
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Our Theme
for best government project for the 2009-2008 edition.
The award was granted in recognition of the formation of the first unified IPR
work team on March, 2006 which reflects the relationship and partnership
between Dubai Customs’ IPR Department and government departments,
ministries, organizations, chambers of commerce and the private sector. The
work team consists of:
• Federal Customs Authority
• Ministry of Economy
• Ministry of Health
• National Media Council
• Department of Economic Development
• Public Prosecution
• Dubai Municipality
• Dubai Chamber of Commerce and Industry
• Dubai Police General Headquarters
• Brand Owners’ protection Group
• Dubai Judicial Institute
• Dubai Health Authority
• Economic Zones World/ Jebel Ali Free Zone
• Emirates Intellectual Property Association
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Intellectual Property Rights Department
2.
Establishing an IPR cases database, allowing customs centres to follow up
these cases.
3.
Establishing a UAE registered trademarks database (Brands Recording
e-System).
4.
Organizing press conferences on combating fraud and counterfeiting.
5.
Hosting training and awareness workshops on IPR and distinction between
authentic and counterfeit products for Dubai Customs inspectors, government
ministries and departments and GCC states representatives in this field.
6.
Delivering introductory presentations to public prosecutors at Dubai Judicial
Institute about the meaning of IPR and customs processes in this regard.
7.
Hosting the 4th Global Conference on Combating Counterfeiting and Piracy
from 5-3 February 2008, following joint efforts between Dubai Customs and
other competent agencies and pursuant to the theme of “Together for a Better
Protection”.
8. Establishing the Awareness and Education Section, following the issuance of
Dubai Declaration at the 4th Global Conference on Combating Counterfeiting
and Piracy, with the objective of disseminating awareness about the meaning
of IPR and the risks of fake products among customs inspectors and officials,
community members and school, college and university students.
9.
Coordinating with the Communication Department at Dubai Customs and the
Ministry of Education over conveying the concept of IPR to school students and
conducting theoretical and practical training on the protection of the society and
national economy (Dubai Customs IP Award for schools and universities).
10. Coordinating with summer clubs over educating the students participating in
such training for disseminating the concept of IPR and role of Customs.
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Awareness and education workshops are meant to educate inspectors about the
meaning of IPR, distinction between authentic and counterfeit trademarks, learning
about trademarks production line and identifying problems and challenges facing
inspectors and the relevant agencies and how adverse aspects can be addressed.
Such workshops aim as well at sharing ideas and information, disseminating
knowledge economy and viewing and benefiting from the experiences of other
competent departments, ministries and organizations.
Intellectual Property Rights Department
What is the Objective of Awareness
and Education in the Area of IPR?
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Intellectual Property Rights Department
What is IPR Protection?
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Definition of Intellectual Property
Intellectual property is the product of the human intellect including creativity
concepts, inventions, industrial models, trademarks, songs, literature, symbols,
names, brands,....etc.
Intellectual Property Rights do not differ from other property rights. They allow
their owner to completely benefit from his/her product which was initially an idea
that developed and crystallized. They also entitle him/her to prevent others from
using, dealing or tampering with his/her product without prior permission from him/
her. He/she can in fact legally sue them and force them to stop and compensate
for any damages.
History of Intellectual Property
Intellectual property is not a new concept. It is believed that it initially started in
North Italy during the Renaissance era. In 1474, Venice issued a law regulating
patents protection that granted an exclusive right for the owner. The copyright
dates back to 1440 A.D. when Johannes Gutenberg invented the printing press
with replaceable/moveable wooden or metal letters. Late in the 19th century, a
number of countries felt the necessity of laying down laws regulating IP. Globally,
two conventions constituting the basis for IP system worldwide had been signed;
Paris Convention for the Protection of Industrial Property (1883) and Berne
Convention for the Protection of Literary and Artistic Works (1886).
Protection of Intellectual Property Rights
Protection of IPR allows the innovator, brand owner, patent holder and copyright
holder to benefit from his/her work, labor and investment, which does not mean
monopoly of the intellect. Such rights are set out in the International Declaration
of Human Rights, which provides for the right to benefit from the protection of
the moral and physical interests resulting from the right holder’s work; literal or
artistic product.
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First: Forgery of a trademark means a complete transfer being identical from the unique brand or transferring the main parts thereof making the forged
brand greatly identical to the original one.
Second: Counterfeiting a trademark means making a brand similar in total to
the original one in a manner that might mislead the public in connection
with the source of goods that are marked by the brand in question.
Intellectual property is divided into two categories:
•
Industrial Property, which includes: inventions (patents), trademarks, industrial designs and models and geographic
indications of source.
•
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What is the Difference Between Forgery and Counterfeiting?
Copyright, which includes: literary and artistic works, namely
novels, poems, plays, films, musicals, cartoons,
paintings, photographs, statues and architectural designs.
What is a trademark?
A trademark is a sign that individualizes the goods or services of a given enterprise
and distinguishes them from those of competitors. To fall under law protection, a
trademark must be distin ctive, and not deceptive, illegal or immoral.
What is a Geographical Indication?
A geographical indication is basically a notice stating that a given product
originates in a given geographical area.
What is an Industrial Design or Model?
It is the aesthetics and ergonomics of a product. It consists of three-dimensional
elements, such as the creation of the product’s shape, or two- dimensional ones,
such as graphics, patterns and colors.
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Intellectual Property Rights Department
What is a Patent?
Patent is an exclusive right granted by law to an inventor or assignee to prevent
others from commercially benefiting from his/her patented invention without
permission, for a limited period of time in exchange for detailed public disclosure
of patented invention.
What is a Trade Name?
A trade name or business name is a name that uniquely distinguishes a business
from others.
What is a Trade Secret?
A trade secret is any information of commercial value concerning production or
sales operations which is not generally known. The owner of a trade secret must
take reasonable measures to maintain its confidentiality.
What is an Integrated Circuit?
It is a product, in its final form or intermediate form, in which the elements, or
at least one of which is an active element, and whereby the interconnections are
integrally formed in and/or on a piece of material, which is intended to perform an
electronic function.
What is a Copyright?
Copyright is a form of IPR concerned with protecting works of human intellect. The
domain of copyright is literary and artistic works, might that be writings, musicals
and works of fine arts, such as paintings and sculptures, as well as technologybased works such as computer programs and electronic databases.
What are Related Rights?
Related Rights or Neighboring Rights are rights that in certain respects resemble
copyright. The purpose of related rights is to protect the legal interests of certain
individuals, namely performers, producers and broadcasters, and to help them
deliver their message to the public.
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Unfair competition is any act of competition contrary to honest practices in
industrial or commercial matters.
Why Countries Care for IPR and Seek to Promote and Protect it?
1. New innovations in all IPR domains lead to Human progress and advancement.
2. Legal protection of new innovations encourages safe spending on
other innovations.
3. Caring for and protecting IPR contribute to achieving economic, social
and cultural development.
What Are the Most Common Techniques of Counterfeiting and
Fraudulence?
Techniques of counterfeiting and fraudulence are variant depending on the nature
Intellectual Property Rights Department
What is Unfair Competition?
and type of the product, perpetrator’s techniques and tools and facilities in place.
Techniques of counterfeiting and fraudulence are diverse aiming at seemingly
copying an original product.
Technology has a big role in making counterfeit products very similar to original
ones, making it harder to distinguish between them according to the following:
1.
Using the external structure of authentic equipment and replacing certain
internal parts with counterfeit pieces (computer systems – electrical appliances).
2.
Affixing adhesive tape onto external parts of the equipment to prevent anyone
from opening it and detecting the counterfeit parts therein.
3. Affixing adhesive tape especially designed for original products onto counterfeit
products to mislead and deceit the consumer.
4. Copying containers or packaging of original products and placing counterfeit
products inside.
5. Counterfeiting the original company’s brand and trade name, affixing them onto
the counterfeit product and forging the commercial data.
6.
Collecting and regenerating empty original containers as to have them filled
with counterfeit products and repackage them using modern machines.
7.
Reusing used spare parts by improving, packaging and selling them as new
original parts.
8. Removing the expiration date from the expired products and rewriting a new
date extending the product life.
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Intellectual Property Rights Department
Customs Inspection
Intellectual Property Rights Department
Customs Seizures
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Intellectual Property Rights Department
Brands Recording System
Trademark Recording
System
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Intellectual Property Rights Department
Intellectual Property Rights Department
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The Brand Recording for Customs Protection Purposes
The Brand Recording for Customs Protection Purposes Policy No. 11/DCP/2006
has been issued on November 2006 ,6, to support customs enforcement
operations and protect intellectual property rights. As per the Policy, all law firms
and trademark owners were informed of the conditions and documents required to
lodge a complaint on the infringement of a trademark, as well as the administrative
fees imposed to open a file to monitor products with UAE registered trademark.
Trademark or Industrial Mark
It is a sign or symbol placed by the trader or the manufacturer on the products he/
she is selling in order to distinguish them from other similar ones.
The objects of recording a trademark are to protect the interests and rights of
inventors, authors or manufacturers from forgery & counterfeiting operations and
monitor and curb all commercial fraud methods, for the purpose of protecting the
consumer from harms arising from fraud.
Note: The recording of the trademark at Dubai Customs shall be effective as far as
its registration with the Ministry of Economy is valid.
How Do I Record My Trademark at Dubai Customs?
The trademark shall be recorded by the trademark owner, agent or legal attorney in
the UAE after it has been registered in the Ministry of Economy.
Intellectual Property Rights Department
Why Should I Record my Trademark with Dubai Customs?
Who Are Trademark Owner, Agent and Legal Attorney?
Trademark Owner: The person who is the trademark’s idea and right owner
and creator and who the brand will be registered in his/her name with the
respective ministries.
Agent: The person who shall have the right to dispose of the trademark within
the UAE, under a permit from the trademark owner.
Legal Attorney: The advocate or legal advisor being authorized by the brand
owner to assume and institute trademark lawsuits.
What Are the Required Documents and Administrative Fees
For Brand Recording?
1. Brand Recording Application file, for AED 210 only.
2. alid copies of the trademark recording certificate.
3. A duly authenticated and translated copy of the Power of Attorney.
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Intellectual Property Rights Department
What Are the Documents Required For Filing a Complaint on
Trademark Infringement?
1.The complaint, which should be written in Arabic or duly translated into Arabic,
shall be submitted during the official working hours by the trademark owner or
his/her legal representative.
2. A copy of valid registration certificates of the trademark intended to be infringed
shall be attached.
3.A copy of a duly authenticated and translated Power of Attorney.
4. A written undertaking to bear any costs of impoundment, inspection, storage or
delay resulting from unfounded complaint shall be provided.
5. A complaint fee of AED 2,010 shall be collected.
6.A
deposit of AED 5,010 shall be paid. The deposit shall be refunded if the
complaint proves valid.
7. Extra fees of AED 510 shall be collected in the event of filing urgent complaints.
8. Additional fees of AED 1,010 shall be collected in case a complaint is filed
during weekends or official holidays.
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Strategic Partners Meeting
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Intellectual Property Rights Department
Intellectual Property Rights Department
Commercial Agency Recording System
Definition of Commercial Agency, Commercial Agent and Principal
In accordance with Article 1 of the UAE Federal Law No. 18 of 1981 Regulating
Commercial Agencies (as amended by the Federal Laws No. 14 of 1988), a
Commercial Agency is defined as “the representation of a principal by an agent for
the purpose of distributing, selling, offering or providing merchandise or services
inside the UAE for a commission or profit”.
The Commercial Agent is either a UAE national or is an entity incorporated in
the UAE and wholly owned by UAE nationals; and should be registered with UAE
Ministry of Economy and Commerce to engage in commercial agency activities.
A Principal may be either “the producer or manufacturer” of the relevant product
or the “exclusive accredited exporter or representative of the producer”.
The Documents and Fees Required for Commercial Agency
Recording Are:
1. A Commercial Agency Recording Application Form for Customs Protection
Purposes.
2.
A valid copy of the commercial agency registration certificate issued by the
Ministry of Economy.
3. A duly authenticated and translated copy of a valid Trade License
4. A fee of AED 210 shall be collected for every commercial agency
recording
request.
Requirements of Commercial Agency Complaint Registration
- A written formal complaint should be lodged during working hours by the
Commercial Agent or his/her legal representative.
- An attested copy of a valid commercial agency registration certificate issued by
the Ministry of Economy.
- A duly authenticated and translated copy of a valid Trade License
- A complaint registration fee of AED 2,010 shall be collected.
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commercial agency.
www.dubaicustoms.ae
Intellectual Property Rights Department
Kindly visit Dubai Customs website- to lodge a complaint or record a trademark or
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Intellectual Property Rights Department
Awarding Ceremony for
Advocates, Legal Consultants
and Trademark Owners
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Intellectual Property Rights Department
Intellectual Property Rights Department
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Awareness & Education Section
The Awareness & Education Section is tasked with raising awareness of intellectual
property and the harms associated with using counterfeit products. The Section
targets inspectors, customs staff, community members, and school and university
students.
First: Workshops for DC inspectors and employees
Workshop title: IPR Protection Awareness Workshop
Date: The workshop is held quarterly and in April to mark the celebration of World
IP Day .
Target participants:
• DC inspectors
• Customs and ports inspectors from all emirates
• Government agencies specialized in IPR in the UAE
• Customs representatives from the GCC states
Intellectual Property Rights Department
Second: Year-round IPR Awareness Workshops
Workshop objective:
Workshops are held to introduce inspectors to the concept of intellectual property,
and help them differentiate between authentic and counterfeit trademarks.
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Intellectual Property Rights Department
Year-round IPR Awareness Workshops
Intellectual Property Rights Department
Awarding Winners and Candidates of DGEP
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Intellectual Property Rights Department
Trophies
IPR Department
Appreciation
Certificates
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Intellectual Property Rights Department
Dubai Customs
Intellectual Property Award
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Intellectual Property Rights Department
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Dubai Customs Award for Best IP Research and Project for
Schools, Universities and Collages
Dubai Customs has launched the annual IP Award for Schools and Universities,
in coordination with the Ministry of Education. Participating public and private
academic institutions of all levels are invited to present a research or project on
IPR protection to Dubai Customs. Top three researches or projects are selected
and awarded.
Intellectual Property Rights Department
Overview
The Award was launched in line with its IPR Department’s plan to encourage full
community engagement in IPR protection and to educate young members of the
community on their intellectual rights and how to reserve them.
The Award aims at measuring the upcoming generation’s awareness of IPR and
educating the public about the risks of counterfeiting on consumers’ health and
the country’s economy. Proposed research and projects are utilized in establishing
a constructive knowledge base.
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Intellectual Property Rights Department
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Aims of the Award:
• Boosting loyalty, accountability and national identity as well as the spirit of
volunteerism for school/university students.
• Developing leadership skills and reaffirming the spirit of cooperation and
teamwork amongst school/university supervisors and students.
• Providing guidance on IPR and innovation.
• Protecting the society from counterfeiting, fraud and copyright infringement.
• Involving students in the identification of counterfeit products and raising
awareness of their dangers amongst families.
• Benefiting from international experiences in IPR.
• Encouraging students to create, develop, research and innovate.
Intellectual Property Rights Department
Inauguration of World IP Day Celebration at DC
Dubai Customs Director Awards Winners
of Dubai Customs IP Award
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Intellectual Property Rights Department
Dubai Customs Director Commemorates
Inspectors
Unified Team
Strategic Partners
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‫تزويد كتيب الملكية الفكرية‬
Tel.: 04/4177287
Fax: 04/4177293
[email protected]
@DubaiCustoms
‫حقوق النشر محفوظة‬
@DubaiCustoms
@DubaiCustoms