Consumer Protection in The UAE: The Trademarks Act in Light of TRIPS Provisions
May 16, 2017
DOI:
Published in: Journal of Intellectual Property Rights (JIPR)
Publisher: NISCAIR-CSIR
This paper examines trade mark protection and its impact on the consumer in United Arab Emirates IP legislation, entitled Federal Trademarks Act No.37 of 1992. This act has been amended according to Federal Act No.8 of 2002 in the light of provision within the TRIPS Agreement of 1994, Section (2), Article 15. The concept of a trademark centres upon it's distinguish features, and this paper addresses the concept of deception in a misleading mark. We consider the criteria for determining that a mark is misleading or deceptive, how such misleading marks may affect the consumer, and the role of the consumer in defining deception. Further, we also address whether IP laws, mainly the Trademark Act, provide sufficient deterrent and safeguards, or if there is a critical need for additional support, such as Consumers Protection Act or Unfair Competition Act. We highlight the similarities, differences, advantages, and disadvantages of the provisions of the two documents, regarding whether these laws sufficiently cover consumers in law. There are elements lacking in the related laws concerning consumer protection, especially in the Federal Trademarks Act, concerning the time range and scope of protection provided in the Act. We consider if the Act covers the registration period, and if, after the registration period, the Act protects consumers against a mark that has lost its distinctiveness after registration. The IP-related legislation Federal Trademarks Act in particular shall be examined in depth for its flaws and the apparent lack of balance between the interests of trademark owners and that of consumers. We argue that there is an urgent need to amend the Federal Trademarks Law as it fails to balance the rights of trademark owners and those of the consumer, in favour of the owners.
Other Researches
on-compulsory amicable dispute resolutions were examined by reviewing the legal nature and concept of mediation and conciliation within the legislations of the UAE and Egypt, in line with contemporary international legislations, such as that of Fran...
In this review of Jordanian and English intellectual property laws, it became apparent that there are few legal rules regulating time limitations for civil or criminal cases. In English law, one such rule stipulates a civil limitation of no less tha...
This paper concerns the method of judicial review in the dismissal of a trademark, from a procedural judicial perspective. The research examines the impact procedural laws can have on substantive laws, in terms of the influence of commercial litigat...
The role of intellectual property laws in creating a favourable environment for investment
This article analyses the role of intellectual property laws in fostering domestic and foreign investment in the United Arab Emirates (UAE). As a signatory to all the major international agreements on intellectual property rights, such as the World ...
Analytical Study of United Arab Emirates Copyright Federal Law No. 7, 2002
This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of releva...
This study analyses the elements of a fair trial in the context of IP proceedings, comparing between procedural safeguards available in Jordan and the UK (especially England and Wales). Obligations between states at the international and regional le...