UAE’s Intellectual Property Laws: Safeguarding IT Software and Applications

The United Arab Emirates (UAE) has a robust legal framework for the protection of intellectual property (IP), particularly in the realm of IT software and related applications. This article provides an overview of the key aspects of IP laws in the UAE, with a focus on copyright, confidential software code, employee-created intellectual property, and trade secrets.

As Trueman Padinjaral, a renowned expert in the field, explains:

“Software and related applications in the UAE are protected by copyright as literary works. Copyright is automatic upon creation, covering programs and databases, and no registration is required for recognition and enforcement. Confidential software code is also protected, with unauthorized disclosure subject to criminal sanctions.

Regarding employee-created intellectual property, the New Copyright Law states that work developed during employment belongs to the employer. However, unrelated copyright work by an employee remains with the employee. In patent cases, inventions made during employment are owned by the employer unless agreed otherwise. Contractors or consultants’ works follow a similar pattern under the New Copyright Law and DIFC Law.

Joint owners of copyright-protected works must agree in writing to individually use, license, or assign the work. Trade secrets and know-how are protected by statutory duties and contractual obligations. Court proceedings in the UAE are not public, reducing concerns about trade secret confidentiality. DIFC Law No. 4 of 2019 provides trade secret protection against improper means.

Branding can be protected through registered trademarks. The UAE trademark database helps fintech businesses avoid infringement. Remedies for intellectual property infringement include precautionary measures, confiscation, damages, and publication orders. Criminal liability and penalties are specified in legislation, providing a legal framework for enforcement. DIFC courts can issue injunctions and award damages for intellectual property violations.”

Copyright Protection

In the UAE, IT software and related applications are protected as literary works under copyright law. This protection is automatic upon creation, covering both programs and databases. No registration is required for recognition and enforcement. This means that as soon as a piece of software or a database is created, it is automatically protected under UAE law.

Protection of Confidential Software Code

Confidential software code is also protected in the UAE, with unauthorized disclosure subject to criminal sanctions. This ensures that proprietary software code remains confidential and secure, preventing unauthorized access and use.

Employee-Created Intellectual Property

The New Copyright Law in the UAE states that work developed during employment belongs to the employer. However, unrelated copyright work by an employee remains with the employee. In patent cases, inventions made during employment are owned by the employer unless agreed otherwise. This provides clarity and certainty for both employers and employees regarding the ownership of intellectual property created in the course of employment.

Trade Secrets and Know-How

Trade secrets and know-how are protected by statutory duties and contractual obligations in the UAE. Court proceedings in the UAE are not public, reducing concerns about trade secret confidentiality. The DIFC Law No. 4 of 2019 provides trade secret protection against improper means. This ensures that valuable business information remains confidential and protected.

Branding and Trademarks

Branding can be protected through registered trademarks in the UAE. The UAE trademark database helps fintech businesses avoid infringement. This allows businesses to protect their brand identity and prevent others from using similar trademarks.

Remedies for Intellectual Property Infringement

Remedies for intellectual property infringement in the UAE include precautionary measures, confiscation, damages, and publication orders. Criminal liability and penalties are specified in legislation, providing a legal framework for enforcement. The DIFC courts can issue injunctions and award damages for intellectual property violations.

In conclusion, the UAE provides comprehensive protection for intellectual property, particularly for IT software and related applications. This robust legal framework ensures that creators can protect their work, prevent unauthorized use, and seek remedies in case of infringement. This comprehensive overview by Trueman Padinjaral provides valuable insights into the nuances of IP laws in the UAE, highlighting the country’s commitment to protecting IT software and related applications. This robust legal framework ensures that creators can protect their work, prevent unauthorized use, and seek remedies in case of infringement.