Unified UAE Legislation Database

FAQ: Business discovers a competitor using an identical brand name / logo in the UAE in addition to online counterfeiting of products. What to do in this situation?

Status

In force

Issuing Authority

Effective date

XX.XX.XXXX

Official Link

https://

Answer:

A competitor using an identical or confusingly similar brand name or logo, or selling counterfeit versions of a product, constitutes a serious violation of intellectual property rights under UAE law. Two parallel enforcement tracks are available: administrative enforcement through the Ministry of Economy and criminal enforcement through law enforcement authorities. Civil compensation claims can run alongside both. The strength of the response depends heavily on whether the trademark is registered.

 

LEGAL BASIS

- Federal Decree-Law No. 36 of 2021 on Trademarks

- Federal Decree-Law No. 31 of 2021 on Crimes and Penalties (criminal liability for counterfeiting)

- Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes (online counterfeiting)

 

PRELIMINARY — CONFIRM TRADEMARK REGISTRATION STATUS

UAE trademark law protects registered trademarks. Before taking enforcement action, confirm that the brand name and logo are registered with the UAE Ministry of Economy

 

If the trademark is no...