Procedure for Design Registration in the UAE

Securing industrial design registration rights in the UAE provides businesses and individuals with exclusive ownership, preventing unauthorized use and enabling legal enforcement.

By Giulia Interesse 

Securing design rights is essential for businesses and individuals looking to protect their creative work from unauthorized use. In the United Arab Emirates (UAE), 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 article outlines the key steps involved in registering a design in the UAE, from application submission to examination, publication, and potential opposition. By understanding the process, businesses can effectively navigate registration requirements and ensure their designs receive the legal protection they deserve.

What is the application process for design registration in the UAE?

To qualify for industrial design registration in the UAE, a design must be new, innovative, and applicable to industrial or handicraft products. The design should not violate public order or moral standards set by UAE law. Additionally, multiple related designs can be included in a single application, provided they are connected in terms of manufacturing and usage, with a maximum of twenty designs per application.

Required documents and information

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

• 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
• Certified copy of the Priority Document, along with its Arabic and English translations (to be submitted within 90 days of filing)
• Original Power of Attorney (PoA), legalized by the UAE Consulate, within 90 days of filing
• 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
• Certificate of Incorporation or Articles of Association (for corporate applicants), also legalized by the UAE Consulate, within 90 days of filing

Filing process with the UAE Ministry of Economy

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

• Submitting the application along with the required documents and design representations.
• 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.

Fees and timelines

The registration of an industrial design in the UAE grants protection for ten years from the filing date. Applicants must also pay an annual maintenance fee 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. Additionally, industrial design registration must be filed within six months from the priority date if claiming priority under international agreements.

Working with an industrial design registration consultant can help streamline the filing process, ensuring compliance with all legal requirements and timely submission of documents.

How does the examination and approval work?

Formality examination process

Once an application for industrial design registration is submitted to the UAE Ministry of Economy, it undergoes a formality examination. This step ensures that all required documents are complete, correctly formatted, and meet the procedural requirements. The Patent Office verifies the presence of essential documents, such as design representations, power of attorney, and priority documents (if applicable). If deficiencies are found, applicants are notified and given a deadline to correct them.

Substantive examination requirements

Unlike patents, industrial designs in the UAE are not subject to substantive examination. This means that the Patent Office does not assess the design’s novelty, originality, or industrial applicability beyond ensuring that it does not violate public order or moral standards. Instead, the registration is granted based on formal compliance with the filing requirements.

Common grounds for refusal

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.

Applicants can work with industrial design registration agents to avoid these common pitfalls and ensure compliance with UAE requirements.

Publication and opposition

Process of design publication

Once the application has passed the formality examination, the Patent Office issues a notification of acceptance. The applicant must then pay the publication fee, which varies depending on whether they are an individual, SME, or company.

After payment, the design 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. 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; or
• The applicant does not have the right to register the design.

Oppositions must be filed within the stipulated timeframe after publication, and the Ministry of Economy reviews the case before making a final decision.

Response and defense strategies

If an opposition is filed, the applicant has the right to respond and defend their design. Common defense strategies include:

• Providing evidence of novelty, such as proof of first disclosure within the grace period;
• Demonstrating differences between the contested design and prior registered designs; and
• Proving rightful ownership through documentation, including assignment deeds or priority claims.

In case of an unfavorable decision, applicants can file an appeal to challenge the rejection. Legal and industrial design consultants can assist in preparing a strong defense to protect intellectual property rights.

What are the available options for appeals and dispute resolution?

Procedures for 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: The fees amount to AED 500 (US$136.13) for individuals, SMEs, and academic institutions; AED 1,000 (US$272.26) for companies.
• The Ministry of Economy reviews the case and may request additional documentation.
• If the refusal is upheld, further legal actions may be pursued.

Available legal remedies and dispute resolution methods

If an industrial design is challenged after registration, a re-examination request can be filed:

• AED 5,000 (US$1,361.32) for individuals and companies; and
• AED 2,500 (US$544.53) for SMEs and academic institutions.

Disputes over industrial designs in the UAE can be resolved through various legal avenues, depending on the complexity and nature of the conflict. One option is Alternative Dispute Resolution (ADR), which includes negotiation and arbitration. ADR allows parties to reach a mutually acceptable resolution without resorting to lengthy court proceedings. It is often preferred for its efficiency, confidentiality, and cost-effectiveness.

However, if ADR does not lead to a satisfactory outcome, the dispute may escalate to formal litigation in UAE courts. In such cases, the judicial system will assess the claims, review the evidence, and determine whether the design rights have been infringed. Court proceedings can result in legal remedies such as financial compensation or injunctions to prevent further unauthorized use of the design. While litigation can be more time-consuming and costly, it provides a legally binding resolution when other methods fail.

What is the duration of design protection in the UAE?

An industrial design registration in the UAE is valid for ten years from the filing date. However, another source mentions a twenty-year patent certificate, which could indicate different classifications of industrial design protection. To ensure continuous protection, annual maintenance fees must be paid, starting from the year following the filing date.

Rights granted to the design owner

A registered industrial design owner in the UAE has exclusive rights to:

• Prevent unauthorized reproduction or commercial use of the design;
• License or sell the design rights to third parties; and
• Take legal action against infringers who use the design without permission.

However, protection applies only to the appearance of the product (shape, patterns, colors) and does not cover functional aspects, which are covered under Patent Law.

Renewal and maintenance requirements

Annual fees are required to maintain the design’s validity. Fees are structured in two phases:

• 1st to 5th year: AED 100 (US$27.23) for individuals, SMEs, and academic institutions; AED 200 (US$54.45) for companies.
• 6th to 10th year: AED 500 (US$136.6) for individuals, SMEs, and academic institutions; AED 1,000 (US$272.26) for companies.

Failure to pay on time may result in late fees or loss of protection.

How does international design protection work in the UAE?

Foreign applicants looking to register an industrial design in the UAE must navigate specific legal requirements. One key condition is the mandatory appointment of a registered Emirati patent attorney to handle the filing process. Additionally, if the applicant wishes to claim priority from a previous foreign filing, they must ensure that the priority claim is submitted within six months from the original filing date. Missing this deadline could result in the loss of priority rights, potentially affecting the design’s protection in the UAE.

Unlike some other jurisdictions, the UAE is not a member of the Hague Agreement for International Design Protection. This means that applicants cannot rely on the Hague System to obtain industrial design rights in the UAE through a single international application. Instead, foreign applicants must either file directly through the UAE Patent Office or explore regional agreements that may facilitate protection across multiple countries.

For those seeking broader protection beyond the UAE, it may be beneficial to consider regional agreements such as the Gulf Cooperation Council (GCC) regulations. While the UAE does not offer a unified GCC design registration system, applicants may still benefit from parallel filings in neighboring countries within the GCC. Additionally, securing design protection in multiple jurisdictions typically requires filing separate applications unless specific bilateral treaties provide alternative pathways. Careful planning and coordination with legal experts can help ensure that the design enjoys the necessary protection across relevant markets.

Conclusion

Successfully registering an industrial design in the UAE involves several critical stages. Applicants must begin by preparing and submitting a comprehensive application, ensuring that all required documents are provided. Following submission, the application undergoes both formality and legal examinations conducted by the UAE Ministry of Economy. If the design passes these assessments, it proceeds to publication, allowing third parties the opportunity to raise objections. Once the design is registered, ongoing protection requires the timely payment of annual maintenance fees.

To enhance the chances of a successful registration, applicants should take proactive measures to ensure their design meets all necessary requirements. Conducting thorough novelty searches before filing can help confirm that the design is genuinely new, reducing the risk of rejection. Engaging a registered patent attorney can also streamline the process, ensuring compliance with UAE regulations and minimizing administrative hurdles.

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