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Mrz 17, 2015
Rob Deans, Clyde & Co, UAE
Joycia Young, Clyde & Co, UAE
First published on www.mondaq.com

Licensing provisions in the draft GCC Trade Mark Law


Rob Deans, Clyde & Co, UAE, Joycia Young, Clyde & Co, UAE, First published on www.mondaq.comIs it mandatory to record trade mark licences in your country? A simple question for any trade mark attorney or IP lawyer and one that comes up often in day-to-day practice. Unfortunately, this question does not currently meet with a simple response when considering the position in the Gulf Co-Operation Council (GCC) countries of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the UAE. Some of the laws of the GCC are ambiguous on this issue and the authors have seen conflicting positions on many occasions. Why? Taking the United Arab Emirates (UAE) as an example, the UAE Trade Mark Law (Federal Law No. 37 of 1992, as amended) makes it clear that the recordal of a trade mark licence is mandatory. However, the impact of failing to record the licence is not so certain. The UAE Trade Mark Law provides that a trade mark licence which has not been recorded in accordance with its provisions and its executive regulations is not effective with regard to third parties. However, no further  read more