Guarding Innovation in the Desert: The Confluence of Intellectual Property, Fashion Law and Dispute Resolution in the UAE’s Legal Framework

  • Safana Saleem
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  • Safana Saleem

    Advocate at Bar Council of Kerala, India

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Abstract

In a nation where skyscrapers rise from sand and innovation is enshrined in policy, the United Arab Emirates has rapidly evolved into a regional powerhouse in intellectual property protection. This paper critically examines how the UAE has emerged as a frontrunner in IP protection through progressive legislation, international cooperation and strategic enforcement mechanisms. The central hypothesis of this paper is that the UAE’s evolving IP framework with its integration of fashion law and alternative dispute resolution has the potential to propel the country as a major global hyper innovation, entrepreneurship and creativity. This paper begins by tracing the historical evolution of IP law in the UAE from its pre-federation era to its integration into international treaties such as the TRIPS Agreement, Berne Convention and WIPO treaties. It then analyses the current legal framework, particularly the Federal Laws No.11, 36 and 38 of 2021, while shedding light on the roles of enforcement authorities like the Ministry of Economy, Dubai Customs and DED. A unique feature of this paper is its exploration of the intersection between IP and fashion law in the context of the UAE’s luxury market with case studies and the Dubai Design District. Additionally, the paper delves into the growing role of Alternative Dispute Resolution in resolving IP disputes through the DIAC, ADCCAC and specialised courts. Challenges such as counterfeiting, judicial inconsistencies, and enforcement gaps are critically examined, followed by pragmatic recommendations to fortify the nation’s IP regime. This paper not only underscores the UAE's dynamic legal journey but also emphasises its potential to lead as a global model in innovation governance, particularly in fashion forward and tech driven industries.

Keywords

  • Intellectual Property
  • UAE Law
  • Fashion
  • Law
  • Alternative Dispute Resolution
  • IP enforcement

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1147 - 1170

DOI: https://doij.org/10.10000/IJLMH.119800

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021