الحماية المدنية لبراءة الاختراع في القانون الإماراتي : دراسة تحليلية

الملخص EN

UAE Law grants patent holder the right to request competent court to issue a precautionary seizure order of the patent in the event holder's rights are infringed.

To strike a balance between the interest of patent holder and the interest of the person against whom the order is issued, UAE legislator obliges the order's applicant with a security deposit determined by the competent court.

This security deposit shall be deemed as a financial guarantee for the person against whom the procedure is taken in case the allegation of the patent holder proved to be untrue.

Inventor rights can be observed through civil protection even before obtaining a patent: inventor can avail of civil protection by instituting proceedings for unfair competition to claim a compensation for the damages arising out of others' infringement on his/her patent.

Unfair competition lawsuit provides a more comprehensive protection than that provided by criminal protection as the merits of the case is a breach of an obligation.