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Enforcement through the courts

At trial
What level of expertise can a patent owner expect from the courts?

No specialist patent tribunals or judges exist in the United Arab Emirates. 

Are cases decided by one judge, a panel of judges or a jury?

Civil trials are conducted on the basis of written memoranda and documentary evidence. In rare circumstances, a court may call oral witnesses. The court will also appoint an expert, who will consider the arguments and evidence presented and meet with the parties. The expert will then prepare and submit a report to the court. The court is not bound by the expert’s findings and both parties may submit further memoranda addressing the expert’s findings. The parties may also seek leave from the court to appoint their own experts.

Further arguments may be raised at any time during first-instance proceedings. In the event of further arguments, the other party will be given a chance to respond.

In the event of a criminal prosecution for a patent infringement, the prosecutor may call oral witnesses.

If jury trials do exist, what is the process for deciding whether a case should be put to a jury?

Jury trials do not exist in the United Arab Emirates.

What role can and do expert witnesses play in proceedings?

Written evidence from experts can be presented to the court. The court may also appoint its own experts.

Does your jurisdiction apply a doctrine of equivalents and, if so, how?

No available jurisprudence relates to non-literal equivalents. Courts are expected to take a literal and simplistic view in determining infringement until they gain experience.

Is it possible to obtain preliminary injunctions? If so, under what circumstances?

Conservatory measure orders are the interim orders available under the Patent Law. Asset attachment orders to freeze assets or funds are available in some cases. 

How are issues around infringement and validity treated in your jurisdiction?

The Patent Law provides no defined grounds to invalidate a patent; therefore, in addition to lack of novelty or inventive step, it may be possible to argue for the invalidation of a patent based on other grounds, such as misappropriation.

Will courts consider decisions in cases involving similar issues from other jurisdictions?

UAE courts may consider decisions from other countries in cases involving similar issues or equivalent patent rights; however, these are not binding.

Damages and remedies
Can the successful party obtain costs from the losing party?

Attorney cost awards are generally unavailable. The losing party normally has to pay court and expert fees.

What are the typical remedies granted to a successful plaintiff?

The typical remedies available are damages or an account of profits.

A court may order the cessation of “the effects of an activity contravening the law”, which should effectively mean a permanent injunction. However, some commentators believe that this applies only to the infringement at issue, and not to future acts of infringement.

The law should be read in line with UAE international treaty obligations and allow for effective permanent injunctions.

How are damages awards calculated? Are punitive damages available?

Damages or an account of profits are estimated based on evidence placed before the court. The court may ask an expert to assist with calculations. As there is no discovery process, it may be difficult to provide evidence that establishes damages or an account of profits. 

Damages awards tend to be small (generally in IP cases, as there is little jurisprudence for patent litigation), as the courts do not have enough experience to consider the issues in depth.

Punitive damages are not available.

How common is it for courts to grant permanent injunctions to successful plaintiffs and under what circumstances will they do this?

Courts may order the cessation of “the effects of an activity contravening the law”, which should effectively mean a permanent injunction. However, some commentators believe that this applies only to the infringement at issue, and not future acts of infringement. There is little precedent with respect to patent infringement disputes in the United Arab Emirates on which uniform conclusions regarding court practice can be drawn.

The law should be read in line with UAE international treaty obligations and allow for effective permanent injunctions.

Timescale and costs
How long does it take to obtain a decision at first instance and is it possible to expedite this process?

First-instance enforcement proceedings generally take 12 to 18 months to complete, but can be longer, particularly if the expert delays submission of his or her report or if the parties seek to appoint further experts. 

Judgments are rendered orally. A written judgment is usually available one to two weeks after the oral judgment. Appeal periods are calculated from the date on which the oral judgment was rendered.

How much should a litigant plan to pay to take a case through to a first-instance decision?

Proceeding costs will vary greatly, depending on a number of factors, including:

  • whether a foreign or local firm is appointed as representation;
  • the complexity of the case;
  • the number of experts required; and
  • the amount of evidence that will need to be translated into Arabic, notarisation and ratified.

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