Is Custom Recordal of Intellectual Property Rights (IPRs) available in UAE?
Is Custom Recordal of IPRs compulsory in UAE?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in UAE?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in UAE?
The Common Customs Law of the GCC States forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in UAE.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective only on the import of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
They are as follows:-
A notarized and legalized Power of Attorney by the UAE consulate in the name of the registrant as shown in the certificate of registration;
A certified copy of the trademark registration certificate will be submitted with the application, which can be obtained from the Trademark Office. One copy is required for each customs department;
An electronic copy of the mark used on the products; and
For Abu Dhabi customs only: A letter from the owner authorizing the agent to record the mark with Abu Dhabi Customs that should be addressed to the respective institution.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
The recordation can be finalized within 02 weeks after submission if all files are complete.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in UAE by land, sea, and air?
Is there an online system for Custom Recordal in UAE?
What is the official fee for Custom Recordal in UAE?
An official fee (currently AED 2,010) is payable.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within UAE?
In which scenario does the customs department/authority suspend the clearance of imported goods?
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The importer bears the liabilities and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
A security bond (currently AED 5,000) is there. The security bond amount is partially reimbursed if the complaint is upheld, but retained entirely by Dubai Customs if the complaint is not upheld.
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in UAE? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?