Intellectual Property Law and Practice of the United Arab Emirates

Name: Intellectual Property Law and Practice of the United Arab Emirates
Brand: OUP eBook
Price: 63.49 EUR
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Peter W. Hansen(Autor*in)

OUP eBook (Verlag)

Erschienen am 23. September 2009

887 Seiten

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Inhalt

Intro
CONTENTS
ABOUT THE AUTHOR
PREFACE
BRIEF INTRODUCTION TO THE ECONOMIC AND LEGAL CONTEXT
LIST OF LAWS AND REGULATIONS
LIST OF ABBREVIATIONS
CHAPTER 1 Patents, Designs, and Know-How
1.1 Patents
Introduction
Patent Searching
GCC Patents
What Is an Invention?
Novelty
Obviousness
Industrial Applicability
Sufficiency
Patent or Utility Certificate?
Patentable Subject Matter
Inventors
Employee Inventors
Contracted or Commissioned Inventors
Joint Patentees
Patent Application
One Invention Only
Divisional Applications
PCT Applications
Priority Claims
Examination of Patent Applications
Appealing Examination Decisions
Publication
Opposition
The Patent Term
Patent Annuities
Rights of the Patentee
Assignment
Licenses
Mortgages
Lender Attachments
Corrections and Amendments
Improvements
Compulsory Licenses
Cancellation of a Patent or Utility Certificate
Misappropriating an Invention
Criminal Offenses and Patent Infringement
Precautionary Measures
Other Court Orders
The Right to Claim Damages
Defenses to Infringement
Customs
The Committee
1.2 Industrial Drawings and Designs
Introduction
What Is an Industrial Drawing or Design?
"Creative or New"
Use as an Industrial or Handicraft Product
Not Contravening Public Order or Morals
Creators
Employee Creators and Contractors
Ownership and the First to File Principle
Joint Owners
Filing a Design Application
Priority Claims
Examination of Design Applications
Appealing Examination Decisions
Publication
Opposition
The Term of Protection
Annuities
Rights Granted by Registration
Assignment
Licenses
Mortgages
Amending a Design Application
Divisional Applications
Compulsory Licenses
Cancellation
Precautionary Measures
Criminal Offenses in Relation to Designs
Design Infringement
Defenses to Infringement
Overlap between Author's Rights and Designs
1.3 Know-How
What Is Know-How?
Exclusivity
What Is Protected?
Conditions for Protection
Know-How Contracts
1.4 Patent and Trademark Registration Agents
Introduction
Complaints Against Agents
Conflicts of Interest
Money Held on Trust
Competition in the Profession
Professional Duties
Errors
Liens over Documents
Indemnity Insurance
CHAPTER 2 Trademarks
Introduction
History of the UAE's Trademark Law
International Conventions
Government Authorities Dealing with Trademarks
UAE Trademark Statistics
What Is a Trademark?
Images
Color Marks
Sounds
Smells
Used or Intended to Be Used
To Indicate the Products of the Owner
Three-Dimensional Trademarks
Impressions ("Damghat") and Inscriptions ("Nuquush")
Packaging or Containers ("Ubuwat")
The Practice in Relation to Three-Dimensional Trademarks
Who May Register a Trademark?
Joint Ownership
Residency of the Applicant
Under the GCC TML
Filing a Trademark Application
Single Class Applications Only
The Application Form
The File
Filing the Application
Classification of Goods and Services
Convention Priority
Associated Marks
Series Marks
Marks That May Not Be Registered
Marks That Contravene Public Morals or Public Order
Official Symbols
Symbols of the Red Crescent and Red Cross
Purely Religious Symbols
Honorific Titles
Marks Owned by Forbidden Persons
Using Unregistrable Marks Is a Criminal Offense
Distinctiveness
Conflicting Similar Marks
Searching the Register
Well-Known Marks
Examination of Trademark Applications
Preliminary Technical Examination Report
Conditional Acceptance
Rejection
Advertisement and Opposition to Registration of a Trademark
Advertisement
Opposition
Content of the Notice of Opposition and Reply
Grounds of Opposition
First Use as a Ground of Opposition
Evidence in Support of the Opposition
The Hearing of the Opposition
Confidentiality Obligations in Opposition Proceedings
Reform of the Opposition Procedures
The Opposition Decision
Appeals from Opposition Decisions
Other Kinds of Oppositions
Publication of Opposition Decisions
Registration and Renewal
Effective Date of Registration and Expiry
Registration Procedure
The Registration Certificate
Renewal
Appeals from Ministry Decisions
The Trademark Committee
Incontestability of Ownership
Cancellation for Non-Use
Onus of Proof
Used for Five Consecutive Years
Use by a Licensee
Reasons for Non-Use
Cancellation of Trademark Registrations
Cancellation by the Owner
Cancellation by the Ministry
Court-Ordered Cancellation
Cancellation Ordered by the Israeli Boycott Office
Publication of Cancellation
Re-Registration of Cancelled Marks
Reasons for Cancellation Arising after Registration
Power to Amend the Register
Assignments and Mortgages
Freedom to Assign, Mortgage, and Attach
Sales of Business
Unregistered Trademarks
Necessity of Recordal
Procedures for Recordal
Agreements to Assign
Licensing Trademarks
The Requirement for Writing and Legalization
Registered Marks Only
The Term of Licenses
Unjustified Restrictions in Licenses
Permitted Terms in Trademark Licenses
Exclusive or Non-Exclusive?
Trademark Licenses Must Be Recorded
Cancellation of License Recordals
Agency Laws
Monitoring Marks
Criminal Action Against Infringement
Article 37.1 Offenses
Article 37.2 Offenses
Article 37.3 Offenses
The GCC TML Offenses
The Law for the Prevention of Fraud and Deception in Commercial Dealings
Enforcement with the Dubai Police
Criminal Enforcement in Other Emirates
Administrative Enforcement
Dubai Department of Economic Development
Enforcement in the Emirate of Sharjah
Civil Actions Concerning Trademarks
Trademark Infringement?
Availability of Injunctions
What the Court May Order
Precautionary Measures
Other Considerations
Customs
International Obligations
GCC Customs Law
Free Zones and Duty-Free Shops
Transiting Goods
Many Authorities
Dubai Customs Intellectual Property Rights (IPR) Unit
Sharjah Customs
Dubai Customs Statistics
UAE as the Provenance of Counterfeits
Dragon Mart
Trademark Agents
CHAPTER 3 Author's Rights and Neighbouring Rights
Introduction
History of the UAE's Author's Rights Law
International Conventions
Government Authorities Dealing with Author's Rights
Authors
Natural and Legal Persons
"Named" Authors
Anonymous and Pseudonymous Authors
Intestate Authors
Joint Authors
Authors of Collective Works
Employees as Authors
Commissioned Authors
To Which Authors Does the Law Apply?
Basic Character of a Work
The Word for "Work"
"Creative" Work
Originality
Distinctiveness
The Level of Creativity Required
The Field of Literature, or the Arts or the Sciences
The Requirement of Expression
Financial and Moral Rights of Authors
Financial Rights of Authors
Moral Rights of Authors
Can Moral Rights Be Waived?
Treatment of Different Kinds of Works
Works of Architecture and Engineering Drawings
Works of Art
Audio, Visual, and Audio-Visual Works
Producers of Audio-Visual Works
Joint Authors in Audio, Visual, and Audio-Visual Works
Renting Audio-Visual Works
Collections of Works
Computer Programs and Databases
Source Code and Object Code
Back-Ups, Replacements, and Adaptations
Rental of Computer Programs
Criminal Offenses
Assignments
Databases
National Folklore
Official Documents
What Is an "Official Document"?
The Language of Official Documents and Translations
Photographs
Rights in Photographs
Depicting Persons and the Photographer's Rights
Limits of the Subject's Rights
The Nationality of the Subject
Electronic Circulation of Personal Photographs
The Subject's Remedies
Titles of Works
Translations
Neighboring Rights
Broadcasts
Performances
Sound Recordings
Registration of Author's Rights
Is Registration of Author's Rights Mandatory in the UAE?
Searching the Works Register
Requirements for the Registration of Works
Assignments and Licenses
Writing and Legalization
Language
The Right the Subject of the Disposal
A Statement of the Purpose of the Disposal
The Period of Exploitation
The Place of Exploitation
Joint Authors as Transferors
The Author of a Collective Work as Transferor
Due Diligence for Transfers from Authors of Joint or Collective Works
Consideration
Disposals of Future Works
Frustration of Exploitation
Ownership of Original Copies
Recordal of Disposals
Infringement of Rights
Precautionary Measures and the Main Case
Criminal Offenses
Orders That the Court Can Make in Criminal Cases
Enforcement Authorities for Infringements under ARL 2002
Permitted Acts
Personal Use
Back-Up Copies of Computer Programs, etc.
Use in Judicial Proceedings
The Preservation of Documents
Study or Research
Criticism or Debate
Certain Performances
Broadcasts Showing Architecture, etc.
Education and Cultural Needs
Extracts of Publicly Available Works
Published Articles on Public Matters
Public Speeches and Discussions
Customs
Compulsory Licenses
Collecting Societies
APPENDICES
Introduction to the Appendices
Appendix A: English Translations of Laws and Regulations
Appendix B: Arabic Texts of Laws and Regulations
INDEX
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
W
Y

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