Industrial property right .. Stimulating innovation and protecting inventions

Mustafa Abdel Azim (Dubai)

Federal Law no. 11 of 2021 on the regulation and protection of industrial property, new, is one of the most important initiatives that the Ministry of Economy and its partners have worked to develop, with the aim of advancing growth and innovation based on knowledge and support of entrepreneurship, in line with the vision of wise leadership and the fifty principles and projects launched by the Emirati state government to set a new stage of the country’s internal and external growth, with the aim of accelerating the transformation towards a new, more flexible and sustainable economic model based on knowledge and building a knowledge economy that keeps pace with the latest trends of economic development, in which innovation, technology, research and development, national competencies, inventors, talents and entrepreneurs represent the locomotive for progress. and growth.
The new law, which provides speed, flexibility and efficiency in the examination, registration and issuance of patents, supports this strategic direction by developing systems and procedures for legal protection of inventions, in a way that stimulates the advancement of new ideas, innovations and inventions. . by individuals and companies in different sectors, especially in the seven sectors identified by the national strategy.Innovations include education, healthcare, technology, transport, renewable energy, space and water.
The new law addresses all segments of society including individuals and companies dealing with the protection of their new inventions and innovative ideas that are applicable to industrial and commercial application, most notably: individual inventors, universities and academic institutions who oversee the development of inventions and innovations for their students, companies that have inventions or innovations or research and development centers, and entrepreneurs Small and medium-sized enterprises, start-up businesses based on innovation and invention, and companies operating in the fields of technology of information and communication and new sectors of the economy.

Speed, flexibility and efficiency
The amendments to the new law focused on achieving speed factors, flexibility and effectiveness in formal and objective examination processes, registration procedures and services and grants for all industrial property applications, which include: patents, service certificates, industrial designs and integrated circuits.
Through the procedures provided by the new law, the Ministry of Economy intends to shorten to 6 months the period of issuing the result of the patent examination, starting from receiving the search and examination fees, compared to 42 months in the past, and that this is in line with the 5 best practices of the most renowned patent offices in the world, they are Japan, South Korea, the United States, China and the European Union.
Thanks to the vision and support of its wise leadership, the UAE has achieved regional leadership in various areas related to innovation and intellectual property and a catalyst for increasing the role of intellectual property in general, and industrial property and patents in particular. , as one of the engines of recovery and economic progress in various sectors, as well as a fundamental pillar in the efforts of sustainable economic and social development based on knowledge, innovation and pioneering thought in the country.
Issuance of Federal Law no. 11 of 2021 regarding the regulation and protection of industrial property was among the greatest legislative changes in the history of the state, which included the drafting and updating of 50 federal laws to coincide with the country’s celebrations for gold. jubilee, with the aim of contributing to a fundamental development in the legislative organization of the economy to be more competitive and flexible and openness and ability to attract successful global investments and companies in various sectors, especially in the new and future sectors.

Basic modifications
The most striking changes to the law and their expected impact on the climate of innovation and intellectual property in the country included the completion of the system for the protection of industrial property rights, adding industrial property rights that were not previously included. . legislation, which is the protection of integrated circuit presentation models, and this has its importance in stimulating innovation and invention and electronic protection, which will advance the path of advanced technology in the country, and protect the information of undiscovered and this will have an impact on encouraging research and development in the industrial and commercial fields.
The changes also included the adoption of 4 new procedures to achieve flexibility in managing and reviewing applications and the facilitation and acceleration of procedures for their receipt, examination, registration and issuance, which contributes to increasing the confidence of inventors in the business environment in place and encouraging them to innovate, namely: Urgent applications, creating a fast track for patent applications.An invention through which formal and substantive examinations of the submitted application can be carried out quickly.
Conversion of patent applications into service certificate applications and vice versa, and this step has an important role in increasing the number of patents and service certificates issued in the country, and increasing the use of service certificates as an important option and useful in protecting simple inventions. and innovation of a tangible nature, in order to take a flexible step towards obtaining the full patent.
And the ability to split patent applications, service certificates, and industrial models into several applications, allowing protection at various stages of its performance, in addition to retrieving applications, as it allows the possibility of restoring a patent application or an industrial model before or after the award, as well as updating dispute procedures related to industrial property applications to become more flexible and expeditious, allowing for post-grant review and establishing a mechanism that allows complaints to the Ministry before going to court. .

Expected positive effects
The most prominent expected effects of the law during the next phase include supporting the vision of 2071 and fifty projects recently announced by the state, through several strategic and key runways. institutions that contain separate sections for research, development and innovation, to benefit from the industrial property services provided by the Ministry of Economy with a higher efficiency and to contribute to the development of innovation and knowledge in a comprehensive way in the economy national.

stimulating quality investment
It also includes creating a competitive and stimulating environment for quality investment, whether national or foreign, in areas related to innovation and invention, and increasing investor attraction in the technology, research and development sectors, in a way that encourages invention and capable innovations. of industrial development and their return to successful commercial projects.
Supporting industrial development efforts in the country, especially modern and advanced industry, by facilitating and stimulating the access of industrial companies to patents and industrial property applications, increasing the country’s attractiveness for talents and competencies and elevating its position as a destination preferred in the sectors of the new economy, in addition to increasing access to knowledge and profitability from research and development among the private sector, academic institutions, small and medium enterprises and start-up businesses, as well as increasing the country’s position in relevant indicators of competition global, as e.g. Global Innovation Index, Global Entrepreneurship Index and Global Competitiveness Index.

Categories of beneficiaries
• Individual inventors.
• Universities and academic institutions that oversee the development of inventions and innovations for their students.
• Companies that have inventions or innovations or research and development centers.
• Entrepreneurs, small and medium companies and new projects based on innovation and invention.
• Companies operating in the field of information and communication technology and the sectors of the new economy.

Patents and industrial property
• The number of patent applications submitted annually to the Ministry of Economy marked a significant increase from 157 applications in 2000 to 1288 in 2010 and increased to 1917 applications in 2020.
• During 2021, the Ministry of Economy has received more than 2,428 new applications, an increase of 26.7% compared to last year.
• The cumulative number of patent applications has tripled over the last decade 2010-2020 to reach 24,511 applications in 2020 compared to 8,028 applications in 2010. It has increased this year to 26,939 applications.
• The cumulative number of requests for industrial models increased by 290% over the last decade to reach 9,690 in 2020 compared to 2,483 requests for industrial models in 2010. This year it continued to grow reaching 10,663 requests by the end of 2021.
• Patent applications submitted by 2021 covered a range of vital areas, with the largest share of the machinery and construction sector accounting for 23%, followed by chemical engineering with 24%, followed by pharmaceuticals and biotechnology with 24%, and followed by 7% for the sector. electricity and metals sector, and 9% for information and communication technology.

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