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Arbitration

United Arab Emirates

The Dubai Court of Cassation recently handed down two rulings concerning arbitration awards and the requirements of parties who wish to use foreign law as material evidence before the UAE courts.

E-commerce

United Arab Emirates

Overview
Including: Background; Legislative Developments; Comment.

August 2009 marked one year since the '.ae' Domain Administration (.aeDA) registry system went live. This update provides some background to the .aeDA, along with information relating to '.ae' domain name eligibility. It also looks at the '.ae' dispute resolution policy and briefly contrasts this with domain name dispute procedures in other Gulf Cooperation Council countries.

In today's market contract negotiations are often conducted by electronic means (eg, by email) and the negotiations continue until the differences are narrowed down to an electronic contract. The relevant question is whether such an electronic contract is valid under the current UAE law.

In February 2006 the UAE government issued the federal Electronic Transactions and Commerce Law. Now, in an attempt to bring existing laws into line with that law, amendments have been made to the Law of Evidence in Civil and Commercial Transactions, giving electronic documents and signatures the same weight as the paper equivalents.

The year 2006 witnessed major legislative developments initiated by new ministers keen to protect the ever-growing e-commerce sector by introducing two new laws regulating electronic transactions and cybercrime. The new Electronic Transactions and Commerce Law regulates electronic records, documents and signatures used for electronic transactions and e-commerce.

The UAE government has committed itself to facilitating e-commerce at both local and federal level. As part of the federal government's efforts to regulate electronic transactions and boost users' confidence, in February 2006 the Federal Law Concerning Electronic Transactions and Commerce Law was issued.

The Ministry of Justice, Islamic Affairs and Awqaf is considering a draft law on cybercrime in the light of the continuing increase in threats to internet security in 2004. The proposed law is expected to cover, among other issues, hacking, computer fraud and data theft.

More updates >

Intellectual Property

United Arab Emirates

Broadly speaking, a patent application comprises an abstract, the patent specification and the claims. This update provides some basic background on these component parts, along with more specific details relating to UAE practice for patent applications.

In order to control the use and licensing of copyright-protected works in the digital context, owners of such protected works often adopt technological measures such as encryption. These technological measures provide safeguards against the unauthorized use of the works and the removal or alteration of rights management information used for the management of protected copyright.

The UAE government has adopted IP measures in line with international best practice. The focus of these measures has been the provision of a platform for companies and private individuals to do business with confidence. However, government ministries and agencies at both federal and emirate level must also be mindful of the need to protect government intellectual property.

In a recent case the plaintiff owned a valid registration for the trademark SOVEREIGN to distinguish tobacco, cigarettes and related goods. The defendant's suspect container was filled with approximately 50 cases of cigarettes bearing the SOVEREIGN SUPREME CLASSIC trademark. The plaintiff alleged trademark infringement and sought monetary damages and an order for the destruction of the counterfeit goods.

The Dubai Department of Economic Development and the Dubai Silicon Oasis Authority have taken a momentous step towards unifying trade name registration by signing a trade licensing agreement to secure cooperation. This unified approach should bring about a more efficient process and in turn benefit companies that wish to protect an essential component of their assets (ie, their trade name).

Ambiguity concerning whether licensee use of a trademark will be adequate to keep the trademark registration alive and to constitute evidence of genuine use has been resolved by the Gulf Cooperation Council Trademarks Act. Article 32 of the act stipulates that a "trademark licence is required to be in writing in order to be valid and recording the licence of trademark usage is not mandatory to validate the licence".

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Litigation

United Arab Emirates

Overview
Including: UAE Legal System; Sources of Law; Structure of the Court System; Civil Proceedings; The Legal Profession; Fee Structure.

Being aware of UAE statutory and contractual time bar provisions will affect the parties' ability to pursue their claims through the dispute resolution mode chosen. Moreover, compliance with the time bar provisions is critical from the early stages of referral of a dispute until the final stages of commencing arbitration/litigation or enforcing an arbitration award.

The Dubai Court of Cassation recently ruled that a person who has comprehensive insurance cannot claim damages from his insurance company when the damages are caused by another driver. Rather, damages should be claimed from the insurance company of the individual who causes the accident, or the individual himself.

Legislation and case law in the United Arab Emirates have established the principle and scope of the right to litigate, and the right continues to be well protected.

The Court of Cassation has ruled that a principal has the right to (i) establish its relationship with an agent as it deems fit and (ii) appoint whoever it deems suitable to represent it in executing an agreement.

In recent cases the Dubai Court of Cassation has ruled on the subrogation of a cargo owner by an insurer as being adequate grounds for the insurer to pursue the claim against the carrier and the direct purpose of maritime insurance. One of the cases concerned the importation of a cargo of Indian onions.

A Supreme Court judgment indicates that failure to submit power of attorney documentation with a petition claim will constitute grounds for rejection of the petition.

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Media & Entertainment

United Arab Emirates

Celebrities may register domain names through the UAE Network Information Centre, as well as licensing the economic rights to their name, image and voice for use with certain brands and trademarks. This update considers how such actions impact on the individual's right to privacy under UAE law.