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Legislative Implementation of Flexibilities - United Arab Emirates

Title:Articles 24-25 and 30 of the Law No. 17 of 2002 pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs
Field of IP:Patents
Type of flexibility:Compulsory licenses and government use
Summary table:PDF

Provisions of Law

Article - 24 : (1) If the owner of the letters patent or the holder of the utility certificate have not used or made use of the letters patent or the utility certificate, then any interested party may according to article (30) of this law obtain a compulsory license under the following conditions:

a- The period of at least 3 years since the issuance of the letters patent has passed.

b- The proposed licensee should demonstrate the efforts made to obtain the license from the patentee for a reasonable price and under reasonable commercial conditions. The required procedures will be set in the implementing regulations in this regard.

c- The license should not be issued in absolute terms. The license may include obligations and boundaries for both the licensor and the licensee.

d- The license should be intended to satisfy the basic requirements of the local market. The proposed licensee must offer the necessary guarantees set in the implementing regulations of this law in order to sufficiently exploit the invention to remedy the deficiency or meet the needs that lead to requesting the compulsory license.

e- The scope of the license should be in line with the objective for which it has been issued.

f- The patentee should receive a fair compensation.

g- The use of the patent should be restricted to the licensee. The license cannot be transferred to a third party except where the ownership of the establishment of the licensee or the part thereof utilizing the patent has been assigned. Such a transfer should be approved by the competent court and be bound to articles (28) and (32) of this law.

h- In the case of semi-conductor technology, the license shall only be for public, non-commercial use, or to remedy a practice determined after judicial or administrative process to be anti-competitive.

(2) The compulsory license shall not be granted if the owner of the letters patent or utility certificate offers plausible justification. Importing the product is not considered as plausible justification.

Article - 25 :

(1) The compulsory license shall warrant the licensee the right to undertake some or all of the activities referred to in article (15) of this law under the licensing conditions, with the exception of the right of importing the product.

(2) The licensee shall be entitled to practice the civil and the penal rights against the owner of the letters patent or the holder of the utility certificate if they are unduly utilizing their invention or being aware of illegal practices related thereto.

Article - 30 :

(1) If it is impossible to use an invention protected by a patent or a utility certificate in the United Arab Emirates without violating rights derived from a patent or a utility certificate granted by virtue of a previous application, then it is permissible to grant the owner of the letters patent or the utility certificate a compulsory license according to the conditions set forth in article (24) of such law to the degree necessary to use his invention if such invention serves industrial purposes different from such purposes related to the invention of the former patent or utility certificate or represents a marked technical advance in relation thereto.

(2) If the two inventions serve the same industrial purpose, the compulsory license shall be granted to the subsequent patent or utility certificate while keeping the right for the owner of the former patent or utility certificate to obtain a license for the subsequent patent or utility certificate, if he applies for such.

(3) The two parties may also agree in writing between them and notify the Administration of their agreement to record it in the related register.

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