Intellectual Property Protection for Mr. Lebotin’s Luxury Shoes and Handbags in the UAE
Introduction
Mr. Lebotin’s current state of being less concerned about the activity of the intellectual property of his luxury shoes and handbags could result in losses, and he should take more action. The current state of Intellectual Property rights in the United Arab Emirates (UAE) shows that the country has enacted laws to protect design rights and ensure reduced counterfeiting. The government currently enforces copyright, design law, trademark, and family name protection rights. However, laws concerning family name protection are not clearly outlined, and he may need the help of a legal officer to navigate the problem. To protect his luxurious products, he must visit the Ministry of Economics in the country and know which products and names can get copyrights, trademarks, and design law rights.
Condition for the Protection and Their State in the Emirates
Copyright
Several conditions have to be satisfied for copyright protection in the UAE. First is originality, as the works to be protected must come from the individual seeking the protection and not copied from any other source. The UAE law also states that the work must be fixed and tangible (The United Arab Emirates’ Government portal, 2023). This could include a written paper, book, or fixed digital documentation. For the work to be registered for copyright, it must have an original author, which could be either an individual or a legal entity.
Currently, the conditions for copyright protection are being met in the UAE. According to the UAE federal law No.38 of 2021, copyrights and Neighboring rights of any intellectual work in literature, arts, science, or any other form of expression can be registered for copyright protection (The United Arab Emirates’ Government portal, 2023). The law, however, excepts works in mathematics, official documentation, and new works that have become common property. The Ministry of Economy is responsible for the registration of the copyrights.
Design Law
The country’s federal law provides conditions for design law protection. For an industrial design to be protected, it must be new and original and not be seen elsewhere before its registration. The design must also be innovative and inventive and should not be something anybody can develop (The United Arab Emirates Government portal, 2023). The designed product must also be usable for economic value to be registered with the Ministry of Economics under design law in UAE.
As of 2023, the federal government of the UAE has formulated and enacted various policies to preserve design rights. In 2020, a new department was created in the country’s Ministry of Economics to handle the design of dedicated registries (Jeong, 2019). The government has also enforced design and recently cracked down on online shops selling counterfeit products (Kammel, 2019). The government has established tough penalties for those found to be going against this law.
Trademark Law
The Ministry of Economics seeks to ensure the protection of trademarks in the UAE. The union law defines a trademark as any distinguished names, logos, letters, symbols, logos, titles, pictures, and patterns an organization uses to distinguish their goods and services (United Arab Emirates’ Government portal, 2023). For a trademark to be protected, it must be distinguishable from other products (Heath & Mace, 2020). The trademark should also be capable of being registered, meaning it should not fall under common letters, symbols, or patterns. The trademark should not describe the goods or services it deals with, as this violation can result in the Ministry’s refusal.
The government of the UAE is currently meeting the requirements for trademark protection as enlisted by the World International Property Rights Organization (WIPO). Under the UAE’s trademark law No. 36 of 2021 on trademarks, the policies for registration and the set criteria for being allowed are clearly outlined (United Arab Emirates’ Government portal, 2023). The government has also set up law enforcement measures for those going against trademark laws and regulations. The government’s efforts have created a more secure business environment for companies with unique logos and identification symbols.
Family Name Protection
No specific law deals with family name protection under the Intellectual Property laws in the UAE. Nevertheless, there are several measures that a person can take to protect a family name in the union. However, should the family name fit the conditions under the trademark law, the owners can try to register it with the country’s Ministry. The name should be distinct and unique, not standard and regular (Wielsma& Brunninge, 2019). It must also be suitable for commercial purposes, and the family must have tangible commercial activities associated with the name. The government of the UAE has taken various measures to protect the sanctity of family names in the country, but there is still significant room for improvement.
Advice to Mr.Lebotin
Copyright Protection
Under UAE intellectual property rights and WIPO, copyright protection entails maintaining the right to use works such as literature, music, and scientific inventions. Mr. Lebotin produces stiletto heel shoes with red soles, which he can take to the Ministry of Economics for protection under copyright law. His shoes will likely meet originality, tangibility, and ownership conditions. Copyrights could, however, present problems as they are not the most effective means to protect fashion-related rights. To gain copyright, he should first determine the eligibility of his shoes being covered under the law. He should also document his creative works, such as the unique features in the shoes, specific patterns, and creative works that have gone into the design. He should then register with the Ministry of Economics and wait for approval.
Design Law
The design law can help Mr.Lebotin protect his shoes more effectively than the copyright law. In the UAE, the Ministry of Economy’s Innovation and Industrial Property Development Department is responsible for safeguarding the layouts of products in the country (United Arab Emirates’ Government portal, 2023). His protection will be valid for the next ten years unless commercial exploitation exists in the country or abroad. The nature of his products fits the mark of being considered industrial products under the law unless such other products are in the country. Once the design protection is approved, he will be granted an exclusive right to manufacture, sell, and export the products to other nations.
Trademark Law
Mr. Lebotin can make his name associated with the UAE intellectual property law by registering it as a trademark. As previously discussed, trademarks are words, logos, or symbols used to distinguish goods and services to have them associated with a particular individual or legal entity. The competent authority that grants the rights to register trademarks is the Ministry of Economics. Mr. Lebotin, preferably with the help of a legal officer, can approach the MinistryMinistry to obtain a trademark for his family name.
The documentation needed for a successful registration includes a trademark logo, a copy of a commercial license, a power of attorney, and a passport copy, among other requirements (United Arab Emirates’ Government portal, 2023). The law states that the people who can register for the trademarks could include UAE citizens, foreigners, or artificial persons practicing any industrial, commercial, service, or professional activity in the country. Mr Lebotin fits these conditions and, therefore, is eligible to apply for the trademark.
Family Name Protection
The wish for Mr. Lebotin to have his family name protected can be achieved through various means, one of which could be integrating it into the company’s trademark policy. For this, he would need to approach the Ministry of Economics and ensure that he meets all the conditions for patent name protection, as discussed in the previous sections. If successful, this would help protect the reputation and the goodwill associated with the family name. There are additional avenues that Mr. Lebotin can consider that are outside the intellectual property law. For instance, Mr. Lebotin can register his family name as a domain name to prevent others from using it for commercial purposes. In other jurisdictions, he could consider using the right of publicity, but this law is not well formulated in the UAE.
Conclusion
Mr. Lebotin needs to incorporate strategies to ensure that his organizations reap maximum benefits from the high-end shoes and bags they design. He should look at the conditions that need to be met for protection to be granted, such as whether his shoe designs are original, fixed, tangible, and can be linked to him as an individual or his company as a legal entity. If registered and discovers counterfeiting of his products, he could report the issue to the responsible UAE governing bodies, such as the Ministry of Economics, for action to be taken against the infringers.
References
Heath, D., & Mace, C., (2020). The strategic effects of trademark protection. The Review of Financial Studies, 33(4), pp.1848-1877. Web.
Jeong, H. W. (2019). Beyond resource diplomacy and economic statecraft: UAE-ROK relations in the 21st century. Asian Journal of Middle Eastern and Islamic Studies, 13(2), 226-245. Web.
Kammel, K. P. (2019). Examining trademark counterfeiting legislation, free trade zones, corruption and culture in the context of illicit trade: The United States and United Arab Emirates. Michigan State International Law Review, 28, 209. Web.
The United Arab Emirates’ Government portal (2023).Intellectual property. Web.
Wielsma, A. J., & Brunninge, O. (2019). “Who am I? Who are we?” Understanding the impact of family business identity on the development of individual and family identity in business families. Journal of Family Business Strategy, 10(1), 38-48. Web.