How to protect your idea as it makes its way to becoming a product or service

You have an idea and it is now slowly turning into a product or a service – you should start thinking about protection.

It is vital that you understand your intellectual property (IP) rights because they protect expression of ideas, especially the way an idea is made into a concrete product or service. The main IP rights are patents, trademarks and copyright.

Many people regard patents as pioneering engineering acts reserved for the few. This could not be further from the truth because patents are generally granted for any inventive step that is capable of industrial application.

The mobile phone industry is littered with attempts by manufacturers to patent what they believe to be inventive steps. For example, the famous “pinch to zoom” feature on mobile phones. Generally speaking, patents are protected territorially, ie country, or specific region, whereby the inventor is granted an exclusive right to exploit the patent for a period provided the patent is publicly disclosed.

The UAE has a system in place enabling patent protection and the process moves in stages, depending on what patent you wish to apply for. The valuable Takamul programme supports innovations, especially patents, and also provides financial support for local inventors.

If you come up with a logo, slogan or brand name for your invention you will want to obtain protection for it to ensure someone else does not use it without your permission. Trademarks are much simpler to register than patents and are often regarded as badges that distinguish goods and services from one company to another.

For example, Pepsi and Coca-Cola have unique branding to distinguish the well-known carbonated drinks. If you want to create a unique mark, experts do not recommend using words that are very descriptive, but rather a brand that should be distinctive. Even if you do not register a mark, you still have rights if you used it first, although it is much easier to prove your rights if it is registered.

The government fees for filing a trade mark in the UAE will usually be in the region of Dh12,500.

If you were to create an original work, it may qualify for copyright protection. For instance, photographs, drawings, computer programs or literary pieces, etc. Once the work has left your mind and is in tangible form, it is usually protected automatically by the Berne Convention of 1886, to which the UAE is a signatory.

Copyright typically arises automatically on the creation of the work and, in the UAE, lasts for about 50 years after the death of the creator for most works. Copyright does not protect against independent development of the same idea, but only against the copying of another’s work. For instance, there is no copyright in the idea of inventing Facebook – only the computer code, graphics and layout can have copyright protection. Some countries, such as the UAE, provide the option of registering copyright.

There are additional ways to protect ideas too, especially before you start discussing them with others. For example, you should ensure that non-disclosure agreements – also known as confidentiality agreements – are signed with any third parties before you talk to them, ensuring that when you disclose your idea or invention there will be a legal obligation imposed to keep it confidential.

If you have an idea, do not worry too much about protecting it unless that idea is likely to turn into a product or service, because that is when you should start thinking about protection, especially IP rights.

Based in Abu Dhabi, partner Saleem Adam heads up Trowers & Hamlins’ technology, media and telecoms practice in the Middle East

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