By registering an industrial design, the owner has the exclusive right to prohibit others from duplicating or imitating the design without authorization. It is economically rational since it enhances a business's productivity. A registered design protects the exterior form of the product. It entitles the proprietor to prevent others from duplicating their product's exterior Design within their geographical jurisdiction. Industrial Design may significantly increase the value of a product. It may enhance the attractiveness and appeal of a product and may even be its unique selling feature. Thus, safeguarding important designs should be a critical component of any designer's or manufacturer's business plan.

When to apply for Design protection?

Given the novelty and originality requirements imposed by most laws on industrial designs, it is often critical to apply for registration or award of a patent before publicly revealing it to prevent damaging its novelty/originality.

Suppose the industrial Design is already known to the public (for example, by advertising on the company's website). In that case, it may no longer be deemed "new" or "original" and may enter the public domain. On the other hand, certain nations provide for a "grace time" for filing after industrial design publication. However, in the United Arab Emirates, there is no novelty grace period. This time protects applicants who have already revealed their industrial Design before applying. Typically, such a "grace period" lasts six to twelve months.

Let's discuss the essential procedures required for the registration of Design in the UAE.

Procedure and Other Requirements for Registration of Design in UAE

Following are the procedural requirements that need to be fulfilled while applying for design registration in UAE.

●Filing requirements in the United Arab Emirates

The official language of the industrial design prosecution before the UAE Patent Office are Arabic and English.

i.Filing a Design application

To acquire a filing date in the UAE, the industrial design application must include a request for patent protection and two copies of the Design (if two-dimensional) or two copies of each perspective (if three-dimensional).

ii.Copy of Priority Document

Within 90 days after the filing date, a certified copy of the Priority Document shall be submitted, together with its Arabic and English translations.

iii.Submission of Original Power of Attorney

Within 90 days after the filing date, an original Power of Attorney must be filed. Legalization is needed up to the UAE Consulate.

iv.Submission of Deed of Assignment

If the applicant is not the designer, a Deed of Assignment from the designer(s) to the applicant must be filed within 90 days after the filing date. Legalization is needed up to the UAE Consulate.

v.If Applicant is a Company

If the applicant is a corporate entity, the applicant must additionally provide a certificate of incorporation or articles of association within 90 days after the filing date. Legalization is needed up to the UAE Consulate.

vi.Filing of Priority Design application

A priority industrial design application submitted within six months of the priority date.

vii.Filing of Multiple Applications for Design

The application for protection may contain several industrial drawings or designs, provided that they are linked in terms of production and usage and do not exceed twenty drawingsor designs in total.

●Examination of a design application in the UAE

Industrial designs are subject to official scrutiny in the UAE. Industrial designs are not subjected to severe scrutiny. After the Patent Office issues a notice confirming their official acceptance of the application, publication costs must be paid within the time-frame indicated in the notification (usually two months).

●Grant, validity term and design renewal fees

The cost for registering a design in the United Arab Emirates is not specified. In the United Arab Emirates, an industrial design is valid for ten years from the date of submission. Annual maintenance costs are due beginning the year after the date of filing. Any time on or before the due date, and for any number of annuities, a request may be submitted. It is still possible to submit the request free of charge within three months of the due date or with payment of the late fee within six months of the due date.

●Duration of the registration procedure

If the registration process goes smoothly, it takes between 1-2 years to obtain the registration.

●Patent attorney representation

For international applicants, a licensed Emirati patent attorney must handle industrial design registration in the UAE.

Rights of Design Holder

According to Article 51 of UAE Design Law, the applicant shall have the right to prohibit any third party from engaging in the following activities:

i. Use of industrial drawing or Design to produce any product.

ii. Importation or purchase of any product associated with an industrial drawing or Design to utilize or sell such product.

Acts amount to Infringement of Design.

It is illegal to imitate a registered design in a fraudulent or apparent manner without the permission of the registered Design's owner or proprietor. Infringement of a registered design occurs when someone for the commercial purpose imports, uses, sells, or publishes the registered Design, or any apparent or fraudulent copy thereof, without the permission of the Design's owner.

Duration of Protection of Design

As per Article 49 of UAE Design Law, the duration of protection for an industrial drawing or Design must be Ten (10) years from the filing date of the application for protection.

The purpose of this article is to provide a general overview about the protection of Industrial design, if you are looking for someone who could assist you in registration and protection of your Industrial Design, HHS lawyers and legal consultants, is the best option. Our lawyers offer straightforward and practical methods for protecting your unique and creative Design as intellectual property. If you would like to learn more about the registration procedure of Design in UAE, please do not hesitate to contact us for a consultation.