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The Importance of Protecting Your Intellectual Property in the UAE

webtech — Mon, 26 Feb 2024 08:16:49 +0000

The United Arab Emirates is a city full of innovation, people are filled with ideas and creative minds which makes it a competitive place for business owners, entrepreneurs and innovative individuals but does everyone know the importance of protecting your own ideas from theft and copying? If you’re one of those that are not aware, keep reading.

What are Intellectual Properties?

It is simply any product or work created from original thought and are considered intangible or that don’t necessarily have a physical presence. Some examples are articles and blog posts, design or product, your website content, inventions, business names, product names, artwork, manuscripts and other original work that mainly benefits your business.

These ideas that came from you are properly protected by various federal and state laws which is a great news. Identifying and protecting intellectual properties are important these days because they hold high value in today’s increasingly knowledge-based economy. Companies especially hold an important responsibility in preventing others from deriving value from their IPs as it can be far more valuable than a company’s physical assets and it represents a competitive advantage in their industry and mainly protects their consumers.

Types of Intellectual Property

It is the exclusive right that the owner of an intellectual property has to that specific property. In simple words, it is the right to copy. Copyright law gives creators of the original material the exclusive right for further use and duplicate the material in a given amount of time. Once the copyright expires, the copyrighted item becomes a public domain.

Trademarks are exclusively assigned to companies, meaning that the company owns the trademark so that no others may use or copy it. Trademarks can be a symbol, phrase or insignia that represents a product that legally separates it from other products. A great example is the logo and brand name of Nike owned by Nike, Inc.

It is a property right granted to inventors for inventions which could be a design, process, improvement, or physical invention such as a machine. Patents are usually granted to technology and software companies for their original workings.

This type of intellectual property is increasingly being recognized as IP these days. These would include proprietary software code or algorithms, and online digital content.

It is a license that a company, individual, or party-called the franchisee-purchases allowing them to use a company’s-the-franchisor-name, trademark, proprietary knowledge, and processes. Franchisee is typically an entrepreneur or a small business owner who will operate the franchise or store and sell a product or provide a service under the company’s name. In return for this, the franchisor is paid a start-up fee and ongoing licensing fees by the franchisee.

This is a company’s practice or process that is highly confidential, which provides an economic benefit or advantage to the company or holder of the trade secret. Examples of trade secrets could be a design, pattern, recipe, formula, or proprietary process. It must be actively protected by the company and is typically the result of a company’s research and development that resulted for the purpose of using it to create a business model that differentiates the company’s offerings and services for a competitive advantage.

What should I do to protect my Intellectual Properties?

There are essential steps you can follow in order to protect your IP, following them should lower the chances of theft and should give your Intellectual Property a solid protection if someone does steal your IP.

As much as you can, avoid talking about your intellectual property with others, keep all the ideas and concepts to yourself unless they have signed a nondisclosure agreement (NDA) in the presence of an attorney or a legal professional.

Prepare detailed drawings, descriptions, plans and records with the accurate dates possible as this is a critical part of IP matters and it will show and prove that you have been working on your intellectual property for a while. This type of proof will be helping you massively in case someone challenges you as the rightful owner of your trademarks and copyrights.

Create a good and memorable trademark and register those trademarks right away if they’re final. Remember that making the trademarks unique and catchy for your business will give you an advantage over competitors.

Along with your trademarks, start calling S & S Lawyers experienced legal professionals, get the free legal consultation and start registering the rest of your assets and make sure that you have all the details written down to be able to distinguish it from potentially existing similar ideas. Our lawyers can help you consider doing an IP audit for a more formal IP portfolio document and protect your Intellectual property rights from future infringement.

Finding a good attorney that can help you secure your intellectual property rights is a significantly important part of making an investment towards safeguarding what is rightfully yours in case any issues arise in the future and you likely have much more intellectual property than you’re aware of.

Intellectual Property Rights in the UAE

"Copyright protection in the UAE is governed by Federal Decree-Law No. 38/2021, which grants protection to innovative literary, artistic, and scientific creations in any form, expression, significance, or purpose. "

"Trademark protection in the UAE is governed by Federal Decree-Law No. 36/2021 on Trademarks, providing a robust framework for registration, protection, and enforcement of trademarks."

"White patent protection in the UAE is governed by Federal Law No. 11/2021, ensuring the protection and regulation of intellectual property rights related to inventions."

The United Arab Emirates’ commitment to protecting intellectual properties serves as a catalyst for creativity, innovation, and cultural diversity, benefitting creators and businesses alike. Which is why having a comprehensive legal framework is currently existing.

Intellectual Property Infringement

Intellectual property infringement is a straight violation of intellectual property rights. Intellectual property rights are infringed when a work protected by intellectual property laws is copied, used or otherwise exploited without having the proper permission from the person who owns those rights.

Conclusion

As technology continues to evolve in the rapid race, the protection and enforcement of intellectual property rights also becomes vital. Navigating the complexities of intellectual property law requires a nuanced understanding of both legal principles and emerging technological landscapes as it remains a cornerstone of innovation and creativity in the modern world and S & S Lawyers is open to helping you safeguard the fruits of human ingenuity.

The post The Importance of Protecting Your Intellectual Property in the UAE first appeared on S & S Lawyers (مكتب الدكتور صقر المرزوقي للمحاماة و الاستشارات القانونية).

2024 Ramadan Dates Revealed. A Possible 6-Day Break for Eid Al Fitr in UAE?

webtech — Wed, 21 Feb 2024 07:21:55 +0000

What is Ramadan?

It is a whole month of abstaining from food, drink and impure thoughts between the horse of sunrise (Fajr) and sunset, this act allows an individual to be able to understand the pain and suffering of millions around the world who live their lives in poverty and famine, which will leave the participant feeling more grounded and grateful for all that Allah (swt) has given them in life.

Ramadan is not just a month of fasting and abstaining from things considered to be impure for the mind and body, it is a time for self-reflection and closeness to Allah (swt). After this one whole month, Eid will then come to the picture.

What is Eid Al Fitr?

This is the time after the Ramadan for feasting and celebration of muslims, with gifts exchanged between loved ones. This marks the end of the month-long-dawn-to-sunset fasting of Ramadan and is often called “Festival of Breaking the Fast”.

The timing of Ramadan and Eid Al Fitr is different every year as it is based on the lunar cycle. It does not begin until a new moon is seen, which means it starts at different times for different muslims around the world.

When is Ramadan and Eid Al Fitr 2024?

The holy month is estimated to start by Tuesday, March 12, according to the astronomical calculations and the Islamic Festival “Eid Al Fitr” may be a six-day holiday for residents. If we look at the astronomical calculations, March 11 is the time when the Crescent Moon is quite visible to the naked eye in many regions, which suggests that March 12 is most likely the start of Ramadan.

If this is really the case, Ramadan 30 will fall on Wednesday, April 10. As per the list of holidays announced by the UAE government for public and private sectors, residents will get a break from Ramadan 29 till Shawwal 3 to celebrate Eid Al Fitr.

A total solar eclipse will be seen on April 8 though,where the Moon will cover the Sun, casting a shadow on Earth which raises concerns that the celestial event would affect the sighting of the Moon to determine the dates of Eid Al Fitr.

Weather Changes in UAE During Ramadan

Typically, the weather in UAE during Ramadan is “warm to hot” with increasing temperatures with days passing by.

The daily routine of the residents during the holy month will be different than the rest of the year, with work hours and school schedules and paid parking hours adjusted.

Reduced work hours applies to both fasting and non-fasting employees as this helps employees be part of the month’s spiritual activities and cultural practices with the government typically announcing the actually reduced working hours for both the public and private sectors. Expect a two-hour reduction in your workday, with Government offices often closing early, working hours for public sector employees reduced to six instead of the usual eight hours.

During this month, most schools will be closed during the first three weeks of the holy month. Institutions will be closed for either the spring or end-of-term break around this period.

Paid Parking, Stores and Restaurants

Paid parking hours will be modified depending on the city in the UAE which will be announced closer to the holy month. Last year, Sharjah applied fees from 8am to midnight Saturday to Thursday.

While there’s no requirement for non-muslims to avoid eating and drinking in public during the day, an individual is recommended to choose to do so out of respect for those participating in the fasting month.

If you need a legal consultation, do not hesitate to call our legal professionals here at S & S Lawyers via (+971) 06 530 559 or explain your legal situation to us through email: info@2s-lawyers.com .

The post 2024 Ramadan Dates Revealed. A Possible 6-Day Break for Eid Al Fitr in UAE? first appeared on S & S Lawyers (مكتب الدكتور صقر المرزوقي للمحاماة و الاستشارات القانونية).

2024’s UAE 3 New Rules To Know About

webtech — Thu, 18 Jun 2015 13:18:31 +0000

They said that change is the only constant thing in the world, and so the UAE makes necessary changes to its law and make the living of Emiratis a little bit better. And each year, introducing new rules isn’t totally out of the picture. Below, we’ve listed the 3 new rules that the UAE introduced that you should definitely be aware of.

1. Emiratisation

This new law is known to be the highest priority of the United Arab Emirates right now. The new law is aiming to balance the number of Emirati workers in the private sector, as it is making up merely 4% of the workforce. Last year, it was ensured that companies employing 4% of their skilled workforce are Emiratis.

The goal of this new rule is to achieve at least a 10% increase in Emiratisation of the skilled workforce by 2026 in the United Arab Emirates.

Penalties for failing to meet the prescribed Emiratisation quotas have been established for different sectors, with respective amounts of fines for how often the violation is made.

First Offense: AED 100,000 fine is faced by a company for failing to comply with the new rule.

Second Offense: Failing to follow the Emiratisation target for 2 years straight will cause an increase in penalty to AED 300,000

Third Offense: For the third or subsequent violation of the Emiratisation targets will cause companies to face higher to AED 500,000

Recently, a manager of a dubai-based company has been fined AED 100,000 after violating the Emiratisation rule by defrauding the Nafis programme of providing government support to Emiratis costing AED 5,000. The manager allegedly employed two female Emiratis using two work permits for a purpose that was not intended for its issuance.

2. Single-Use Plastic Ban

Plastic bags are one of the most problematic kinds of waste, as it takes decades to degrade and microscopic particles have been found inside the bodies of animals. Plastics are continuously polluting streets and waterways, as well as harming birds and marine life.

Dubai and Sharjah, United Arab Emirates started the year of 2024 by implementing a country-wide ban on the import, production, and trading of single-use plastic shopping bags, this specifically means that supermarkets that sell plastic bags for AED 0.25 should be stopped and move towards paper bags, or reusable bags.

Abu Dhabi’s June ban has already led to 87 million fewer single-use plastic bags being used which was a cut of about 90%.

This is all part of the national sustainability drive and in two years time, the plastic ban shall also cover other products like cups, plates, cutlery, containers and boxes which includes spoons, forks, knives, chopsticks, stirrers and straws.

3. Labor Market Make-over

MOHRE is on its goal to act and make things fair, clear, honest and neutral when it comes to labor rules. Disagreements between workers and employers in private sector companies that are amounting to less than AED 50,000 will be dealt with by the Ministry without the involvement of two parties.

This new dispute resolution has given MOHRE more authority than before, making it an ultimate decision maker for employment disputes below AED 50,000.

The United Arab Emirates continuously make amendments in their existing laws as well publishing new laws that can make the life of Emiratis more better. These new rules and regulations shall be followed by the people in the country to avoid legal troubles in the future.

The post 2024’s UAE 3 New Rules To Know About first appeared on S & S Lawyers (مكتب الدكتور صقر المرزوقي للمحاماة و الاستشارات القانونية).