Resolve Challenges & Conflicts
Enforce your IP rights in case of infringement and take legal action if needed, with the support of the government.
Your Intellectual Property is a critical asset that, as a business owner, you must protect and defend.
Great ideas and innovations can drive a business's success, but they can also be stolen, copied, or abused. To ensure your IP rights are not infringed upon, leverage the full power of IP protection and ensure your ownership is safeguarded.
Overview
Despite best efforts, Intellectual Property disputes unfortunately can and do arise. Such disputes can include third parties alleging that you have infringed their IP rights. Such a case can potentially result in legal proceedings, demanding you cease using the IP asset and/or compensation payments. Seek expert advice in business-relevant cases.
Before launching a product, trademark, or any piece of Intellectual Property work on a (commercial) market, a comprehensive search for existing IP rights that might be infringed should be performed.
If you become aware that a third party limits your business’ success because they infringe your IP rights, you may consider enforcing these IP rights.
Intellectual Property enforcement is the act of taking legal action to stop an infringement, prevent further violations of IP rights, and remedy the prejudice caused by these violations. The burden of enforcing IP rights is mainly on the holder of these rights. In other words, it is up to you, as an IP right holder, to identify any infringement of your IP and to decide what measure to take.
There are different approaches available to enforce your IP rights and, depending on the specific case, the enforcement strategy and procedure will vary. This is why we advise you to seek expert advice if you suspect that an infringement of your IP has occurred.
In line with the legal procedures in the UAE, the enforcement of an IP right can be carried out through either litigation or arbitration.
Litigation refers to the formal legal process of presenting a case before the courts – it is the traditional way of resolving a dispute.
Arbitration is a form of Alternative Dispute Resolution (ADR) that enables disputes to be resolved outside the courts. It is becoming an optimal method for parties to solve their disputes. The aim is to solve disputes amicably and reduce the burden of judicial fees. If an amicable settlement is not possible, the litigating party can submit a statement of claim to the relevant court. Then, the case is filed to be seen by the judge in the respective Court of First Instance.
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