It is well understood that a “Good” design is a “Good” Business, also former Apple CEO has stated that “Design is not just what it looks like, design is how it works.” Hereto, I will be presenting how a person can add more value to his novel and unique design by providing protection under the arm of Intellectual Property Rights. In the UAE, industrial design protection is afforded by registering the product design in each country of interest separately through the national patent office. In the UAE, industrial designs are covered under Chapter 3 of the UAE Federal No. 17 of 2002 (“UAE Patents and Design Law”) and cover “any innovative three-dimensional shape that can be used in industry or craft” or “any innovative creation of lines or colors that generates a product that can be used in industry or craft”.
The practical simple definition of an industrial design would be that it is the “visual”, “aesthetics” and basically “overall look and shape of a product”. Industrial design is the main legal vehicle for the protection of a product design.
The application for protection may include more than just one industrial drawing or design, provided that such drawings or designs are interrelated in terms of manufacture and uses, and that their total number does not exceed twenty drawings or designs.
The deed of protection shall be issued for the industrial drawing or design upon a decree by the competent minister and shall be published in the industrial property circular along with the design or the drawing after payment of the prescribed fees.
Design Protection Period: 10 years
Convention Priority: Yes
Annuity Payments: Required one year upon the filing date, and can be paid any time before the due date.
All related documents should be translated into Arabic if they are in English, and into English and Arabic if they are in a third language.
Procedure: Once the Design application is filed, it is queued to be examined with respect to compliance with the provision of the Patent and Industrial Designs Law. Upon acceptance, the application will be published in the Official Gazette. There is 60 days period for any interested party’s opposition. In absence of any opposition, the certificate of registration is issued.
Filing Requirements for the Design Patent Application:
1. Power of Attorney, duly legalized up to the Consulate of United Arab Emirates.
2. Extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate, duly legalized up to the Consulate of United Arab Emirates.
3. Two copies of the model or design, if it is two-dimensional, or two copies of each view thereof, if it is three-dimensional.
4. Deed of assignment signed by the inventor, if the applicant is not the inventor, duly notarized and legalized up to the Consulate of the United Arab Emirates.
5. A certified copy of the priority document, if priority is to be claimed.
**Note: – Documents in item (3) should be submitted to the Patent Office with the application, while documents in items (1, 2, 4 & 5) can be submitted upon filing the application.