DIFC courts now available for IP disputes

The courts of the Dubai International Financial Centre, uniquely for the region, operate in English based on English common law. The jurisdiction of the DIFC courts had been limited to matters where one of the parties operated in the DIFC. On 31 October 2011 Dubai Law No. 16 of 2011 was enacted (press release here) which amended Dubai Law No. 12 of 2004 which had created the DIFC Courts. As a result parties with no nexus to the DIFC may now agree to submit any civil or commercial dispute to the jurisdiction of the DIFC Courts (about the DIFC Courts here).

This part of the Empty Quarter expects that most IP disputes to be heard in the DIFC courts will be where the parties have agreed to the jurisdiction prior to the dispute. Lawyers in the region drafting agreements such as licences are likely to consider selecting the jurisdiction of the DIFC.  Whether there will be a sufficient volume of IP disputes to warrant the appointment of a specialist IP judge is another issue.

Kuwait's Design law awaits implementing regulations

The Implementing Regulations for the Kuwaiti Design Law (Law No. 4 of 1962 relating to Patents, Designs and Industrial Models as amended by Law No. 3 of 2001) have not yet been issued. As a consequence, all design applications are simply filed with the Patent Office. No examination is taking place and no annuity fees are payable. There is no indication of when the Implementing Regulations will be issued. 


This part of the Empty Quarter hopes that the Implementing Regulations are issued soon so that design registrations can start to be issued and design rights can be fully exploited.

UAE to set up specialist IP Courts

The Emirates News Agency reported on 18 December 2011 that the UAE Federal Courts are to have two new circuits (primary and appellate) specialising in Intellectual Property disputes. 


This part of the Empty Quarter welcomes all new specialist IP courts as specialist judges know the subject area well.

A beginning

This blog is intended to share useful information about Intellectual Property in the Middle East and North Africa. Together we will see how it develops!