01 Sep 2022
Intellectual property covers any and all the original ideas, discoveries, designs, creative work and inventions designed by an individual or group of persons. A few of the most common types of IP protection are Copyright, trademark, patent and design.
The UAE has a robust intellectual property regime. It is also a party to a number of international conventions on intellectual property rights recognition and enforcement, including the Paris Convention on patents and trademarks, the WIPO Convention and TRIPS, the Patent Cooperation Treaty for patents, and the Gulf Cooperation Council for trademarks. The Intellectual property legislation of the UAE includes Patents and Industrial Design Law number 44 of 1992, Trademarks law number 37 as of 1992, Copyright and Neighboring Rights Law number 40 of 1992.
Intellectual property is a critical part of the research and development strategies for companies across all trades and businesses. It is instrumental in the innovation and prevention of different products, and services and the economic development of the nations. The first step taken for IP protection is to ensure that the IP registration is done within the territory of its use.
Copyright Registration
There is protection provided to original intellectual work in literary, arts of the scientific area, whatever its description, form of expression, significance or purpose under the Copyright law in the UAE. The ministry of economy in the UAE allows copyright registration, and after its approval, the copyright remains valid for the entire lifetime of the owner and years following the death.
Trademark Registration
Trademarks constitute any distinctive marks such as letters, names, logos, figures, hallmarks, titles, patterns, pictures, sound marks, words that are used or intended to be used to distinguish products, goods or services. The ministry of economy in the UAE allows trademark registration and after it is approved by the MOE the right exists for a duration of 10 (ten) years and is renewable for a further time period.
Patent Registration
Patent protection and registration is permissible for any new invention that establishes an innovative step or a development on a prevailing creation. It should have industrial application and utility in different arenas of technology. The competent authority to register patents in the UAE is the International Centre for Patent Registration (ICPR) under the Ministry of Economy. After its approval from the MOE, a patent is valid for a period of twenty years from the date of filing.
Its Protection is necessary not only for the protection of innovation and ideas but also to incentivize the originator or creator of the intellectual property which allows them the right to profit from the innovation which is to the exclusion of all others. There are Strategic and proactive legal measures to be adopted and required in order to safeguard intellectual property.
More patent applications related to digital assets are being filed as more assets, non-fungible tokens and blockchain-related inventions are being established and launched to the public. The number of patent and trademark applications has grown over the past century with the presence of new innovations and technologies in the World.
Last year the IP Indicators Report found that there has been incredible development for patents and trademarks and it is also becoming more globalized over the years, especially in the last decade. It is seen as a vital part of development in national strategies as it is serving as a catalyst for programs geared towards investment, employment, growth and social welfare. The development and progress of new technologies originate new ways to be considered as they are permeating every industry. Since 2020 the number of patent applications increased by 1.6% whereas the number of trademark applications went up by 13.7%
Approach to protect intellectual property rights:
- To take proactive measures against infringement of IP owners one ensures to use additional measures to protect products invented or developed by them by taking enforcement actions through government agencies which include the ports and customs authorities. Such activities may include confiscating counterfeit items, conducting market raids, destroying seized counterfeit goods and other measures.
- Protection of trade secrets with strong NDA’s: Legal advice from intellectual property lawyers should be taken to ensure that the company’s trade secrets are always protected by entering into iron-clad non-disclosure agreements with individuals who had or have access to the trade secrets by virtue of their role and designation in the company. To also ensure that a legally enforceable NDA has been signed which goes a long way to ensure that the trade secrets continue to remain protected.
- To create IP awareness within the organization be it a company or a private or government organization, every entity deals with intellectual property in a distinct mode. It is frequently seen that IP violations have occurred within the organization due to the lack of awareness and mindfulness of the laws and regulations for intellectual property. It is also fairly seen that confidentiality protection and non-disclosure agreements are signed on paper but not practiced in reality on multiple occasions. Such lackluster actions can lead to potential entity losses and hereafter corrective measures must be adopted.
The coronavirus pandemic that led to grave issues worldwide the past two years have undoubtedly shifted the focus from intellectual property. Furthermore, there have been increasing requirements for industries, businesses and organizations to reinvest.
With the foregoing, we have five key intellectual property developments and trends for the year 2022.
1. The Unified Patent Court Will Be Functional Latter 2022 To Early 2023
Outside the United States, patents are also being given more attention, and legislators are looking to make patent and trademark applications more efficient. The Unified Patent Court is most widely used in the European Union. To make the process easier and smoother there are many European Union Member states applying for patents to have a unified body for approving and checking patents. This common body is expected to start working mid-2022 to early 2023. It is probable that the developers, businesses and individuals approach filing. Member states might need to revise their particular processes for patent and trademark applications and evaluate their intellectual property laws.
2. New Companies Across Different Industries Will Build Their Patent Portfolios
The world experienced a major economic hit due to the pandemic. New companies are being formed and established as the world is gradually opening up again and adjusting to the new normal. The new companies formed will be set to build their own patent portfolios to accomplish their respective business goals which will attract venture capital that will attain high valuations. Older and more established companies may also have their eyes on the newer companies particularly if these companies have solid a intellectual property strategies in place. On the other hand, they may adopt to re-establish themselves as industry leaders. Patent portfolios are built, and there may be a shift in the leading companies in the patent filing.
3. Digital Assets Becoming More Dominant In 2022
Digital assets including Bitcoin have been around since 2009. However, they have become more prevalent and widespread in the market over the past five years. More assets, inventions related to blockchain and non-fungible tokens are developed and launched in the public domain leading to more patent applications connected to digital assets being filed. Despite the rising number of blockchain-related patents, precedent for such inventions is still unclear. Particularly, Non-fungible tokens have seen an increase in their popularity as there has been an increase in the developers and artists creating tokens of their own.
Throughout 2022 patent applications for such technology do not appear to be developed and is considered to be growing gradually the next few years.
4. Courts And Governments In Key Jurisdictions Will Be On A Rise For Their Stance On Artificial Intelligence.
Artificial intelligence has proven to be another dominant technology along with blockchain and non-fungible tokens.
Multiple businesses are using technology based on artificial intelligence, and it is pointing to be part of more business strategies in the future. The number of patent applications increased by over 500% between 2009 and 2019 at the Chinese patent office alone, 90% of which were found to be domestic. There was a 35% increase in patent applications over the same timeframe in the United States.
Due to the prevalence of technology in Artificial Intelligence, courts and governments will solidify their stance on it. The reliance of patents for artificial intelligence on algorithms and mathematical equations are nor clearly defined in patent law which makes patent applications more restricted. Hence, patent law for AI technology will have to gradually evolve.
5. International Trade Commission Playing A Dominant Role In Ip Disputes Moving Forward In 2022
Section 337 of the Tariff Act of 1930 in the United States, has been instructed in the protection of the intellectual property rights of United States patent holders. This section has also protected the market from suffering from the unfair competition over the past century. As new technologies and industries are constantly emerging the line between what can be patented and what cannot be patented is sometimes unclear.
The International Trade Commission has played a key role for patent holders over the past few years and are expected to take over in the context of handling disputes with intellectual property.
The International Trade Commission to reassess its rulings to facilitate smoother processing is prompting due to the shift toward the digital space and a more modernized economy. In addition, the ITC is taking a more assertive stance toward patent issues.
The Future of Intellectual Property
Refocusing and developing intellectual property law is a pressing need with new technologies becoming more dominant globally. These are the key trends expected to take over the intellectual property domain in the coming months. Some of these are taking shape early and the experts are also predicting that they will reshape the way intellectual property is viewed.
Intellectual property and patents play an important role to shape corporate growth, credibility and profitability, nonetheless, the litigation associated with IP and patents is recognized for its high cost, complexity and duration.
In 2021 disputes related to Covid vaccine development and a spate of nine-figure mega-verdicts across industries heightened the IP and patent litigation stakes. Patent litigation has also resulted in very sizeable monetary damages drawing headlines with the uptick in activity. Patent holders from small to large entities are increasingly aware of the recent developments and are also becoming more sophisticated in terms of evaluating and asserting patent portfolio value.
Intellectual Property (IP) plays a fundamental role in the successful maximization of results which is within the development process of any invention, product or brand since it is a key strategy in the Research and Development (R&D) of any company. Likewise, IP is an essential element for the economic growth of countries. Innovation and creativity have proved that even in an environment of adversity there is competition. This is due to the expansion or launch of ideas or technologies and IP is an important factor for the proper functioning and implementation in the market.
Patents, trademarks and designs presented to us throughout 2021 that they have sustained growth according to the IP Indicators Report of the World Intellectual Property Organization. The Data Report assures that the patent applications increased by 1.6% in 2020 wherein in terms of trademarks it increased by 13.7%. The constant globalization of IP in Mexico is similarly forming part of the growth that is reinforced in medium-term strategic plans and subsequently have the drive in promoting an effective strategy to ensure that innovation and creativity act as catalysts for investment, employment, economic development and social vitality for all. Therefore, it is expected in 2022 for Intellectual Property to continue to be highly relevant in Mexico. Experts from ClarkeModet, an international company specialized in Intellectual and Industrial Property issues, for this reason have detected trends that can be perceived over the next year.
Intellectual Property And Business
The aim of Intellectual Property is to bring organizations and entrepreneurs closer to understand that it is a part of their aspirations and their business models, regardless of the segment they are in. With the help of experts, these can be used as a strategy to effectively bring innovations, brands and businesses to market, maximizing the profits with a view to escalating to international markets. In addition, there can be seen greater protection of IP rights in various sectors such as Pharmaceuticals, with innovative solutions for the protection of Cannabis, strategies for protection of technology that is related to production of medicines, scientific innovation and solutions applied towards the safety of anti-counterfeiting.
There are new solutions for the development and protection of FoodTech inventions, greater linking of organisms and IP solutions for the protection of anti-piracy in the food sector. In the Retail sector, the focus will be on innovation strategies that will emphasis on the shopping experience and also give a clear boom in the brand protection with current protection figures like famous brands or sound or smell, etc.
Protection In The Digital Universe
Technological advances drive the configuration of a regulatory framework that adapts to the new realities imposed by these technologies and the changes in innovation that implies.
The use of non-fungible tokens (NFTs) since 2021 has grown and achieved great significance as it allows artists to monetize their digital work where the use of the blockchain guarantees its authenticity. Its use is projected to escalate in video games where it will allow players to form their own characters which will be supported by NFTs. There are some fashion brands that are creating clothing and footwear that have their own NFT. Similarly, experts recognize new market niches through innovation which is used as a mean of adaptation to forthcoming changes in virtual as well as a social reality that includes the immersive metaverse for users where they can emulate the real world without the need to leave their house. At this time this will create a great area of opportunity for intellectual property and the regulations must offer them protection as the brands are open to appearing in this universe.
Growth Of The Technological Resource Towards Implementing Intellectual Property.
There is interconnectivity between different elements and areas which is predicted leading to changing the way we live and interact with our environment. There is a boom observed in support of technological resources like the use of Blockchain for the protection of industrial secrets or copyrights last year. Since it is ideal for generating records of interactions and transactions that is carried out between machines, the growth and integration trend of blockchain in the internet of things is expected by 2022 which supports saving evidence of digital files like support and traceability of authorship or possession of a competitive advantage such as formulas, customer lists, software, algorithms, etc.
New Protection Figures Are On The Rise
It is vital to keep private information an industrial secret, regardless of the overlap in data protection laws. It is also crucial for companies around the world since there is a greater emphasis on the protection of simulated data that improves the efficiency and effectiveness of machine learning systems. There will be a clear growth for Non-traditional brands in 2022 as they are an unparalleled alternative that reinforces the positioning of brands generating new experiences for the consumer.
The promotion of economic growth in Mexico has helped in persuading companies about the development of innovation obtaining a greater competitive advantage through IP. Technological intelligence studies deliver the portrait of the market that allows assertive decision-making and effective based on the data.
Blockchain And Non-Fungible Tokens
There is an increasing number of patent applications for blockchain that are related to inventions and are filed around the world. There is still a dearth of blockchain-specific case law and a lack of clarity over precisely what is patentable, and to what degree despite a large number of patent filings.
Developments in technology and in commercial focus go hand in hand with patent applications. There is an expectation regarding a particular area of interest in the approaching years being non-fungible tokens. For a few years now Blockchain has been a growing area from an IP perspective as well as a commercial perspective due to which there has also been an increasing number of applications for patents that are blockchain-related inventions being filed around the world. Despite there being a large number of patent filings there is still lack of clarity for blockchain-specific case law to reach a conclusion as to what is patentable and what is not and to what degree when it comes to blockchain technology.
It is inevitable that specific case laws will appear and there might be some important decisions in the coming year as filings are progressing through various international patent offices. Recent reports state that the Australian Patent Office has been primary to tackle this technology and has apparently decided that blockchain is a technology that can be patentable. Moreover, this amenability to blockchain seems to be shared by a number of other patent offices which might lead to similar decisions elsewhere as reported. There might also be a rise in the number of blockchain filings over the coming years if such affirmatory decisions are being issued by other offices.