During 2010, the UAE has taken various steps to enhance administrative procedures for the protection of intellectual property rights, and increase the rights of consumers.

Enhanced administrative procedures for IP protection

The Dubai Economic Department (DED) has introduced ‘open’ complaints.  Brand owners can file an ‘open’ complaint,  setting out details of their registered rights.  The fee payable is US$545 and the complaint is valid for six months, renewable on payment of a further fee.  The DED will then watch the market and take action against infringements it finds.  It is also possible for brand owners to provide details of infringers to the DED, which will then consider acting on this information.  Successful cost- effective sweep raids have been conducted in the market utilising this new procedure.

The DED has also been imposing higher fines and suspending infringers’ trade licences.  Fines have ranged from US$545 to US$2,722 depending on the size of the seizure and whether the trader is a repeat offender.

Through its Consumer Protection Department, the DED has also introduced a ‘trade name’ complaint.  This enables  brand owners to issue complaints in relation to companies trading under  trade names that are identical with, or similar to, their registered trade mark.  The complainant must file a complaint and pay a fee of US$545. The complaint will be considered and a decision reached within two days.  If the complaint is accepted, a further US$136 will be payable and the DED will then visit the trader, advise him of his infringing action and take steps to resolve the matter.

Ajman Municipality has also been keen to work with rights holders and is willing to conduct raids on short notice, sometimes on the same day as the complaint is filed.  It is also taking a firm line against infringers, with fines ranging from US$4,084 to US$8,167.

In a further step to improve communications between the separate Emirates, Ajman and Dubai Economic Departments have signed a pact to co-operate on various issues including consumer protection and the choice of trade names.  This co-operation may assist brand owners filing complaints in the two Emirates, particularly where an infringer has business interests in both Emirates.  There have been frustrating situations where a shop is raided in Dubai, but the warehouse is located in a different Emirate; by the time the necessary procedures have been followed to access the warehouse in the separate Emirate the goods have usually disappeared.  This co-operation may allow for the simultaneous co-ordination of action in the separate Emirates.

Consumer Protection

The Government of Dubai has also taken steps to boost consumer protection and in September 2010 announced that  the UAE Ministry of Economy intends to introduce new measures in October, including extended warranties and guarantees, to ensure better protection for consumers buying new or used products and services. 

It has also been announced that consumers will soon have access to special purpose consumer courts in Abu Dhabi, Dubai and Ras al Khaimah.  It is understood that the contact for consumer complaints will remain with the Department of Consumer Protection within the Ministry of Economy, but that it will refer appropriate complaints to the relevant consumer courts, once they have been established.

The Dubai Department of Economic Development has also set up a website, www.consumerrights.ae, providing information about consumer rights and detailing the procedure for making a complaint.  A dedicated phone line gives consumers the ability to make complaints and suggestions.

Conclusion

The above initiatives provide brand owners with a cost effective, efficient system with which to enforce their intellectual property rights.  They also strengthen the rights available to consumers.  Enhancing the ability of consumers to complain about misleading or fraudulent branding, will, in turn, help brand owners preserve the integrity of their brands.