As the UAE shifts towards an innovation-based economy, one of our greatest strengths is our human capital and intellectual property (IP) – innovative and unique products, ideas and services. It is important for any business or organisation that relies on original thought to gain a competitive advantage to ensure its IP is appropriately protected, especially in an age in which the rise of the internet has created an increased risk of ideas being infringed upon. IP infringement can take place in any industry or sector, but some of the most common types of IP theft in the UAE include the infringement of brands and the sale of counterfeit goods, mostly in a retail context, as well as TV and software piracy.
As chief executive of the Dubai Design and Fashion Council (DDFC), I have come across the topic of IP protection many times, as designers depend heavily on their unique creative output to safeguard the value of their brands. Across the Mena region, a lack of enforcement of IP protection is a recurring theme, based on interviews conducted for DDFC’s Mena Design Outlook study. The study also highlights insufficient harmonisation of regulations across the region. This is vital, as many designers conduct business on a regional level, particularly across the GCC. The UAE ranked as the 22nd best country for the protection of IP rights in the World Economic Forum’s Global Competitiveness Report. However, this does not mean that we should stop our efforts in the field, as IP theft continues to be a cause for concern.
To put this into perspective, it has been reported that in March alone, the Abu Dhabi Department of Economic Development seized more than 10,000 counterfeit beauty and skincare products. And in 2015, the Dubai Department of Economic Development confiscated 63 million counterfeit items (including clothing, eyewear, mobile phones and other electronic goods) with an estimated market value of more than Dh1 billion.
The government is making persistent efforts to promote protection of IP, with the UAE Ministry of Justice recently setting up a department to settle IP cases and speed up the handling of litigation. The Department of Economic Development in Dubai also launched an intellectual property protection advisory board, which will meet quarterly to develop ideas on how to combat counterfeit products.
To further encourage designers to contribute to economic growth, it is vital that they know and understand the IP laws that are in place to protect them from IP theft. DDFC recently conducted a series of talks aimed at providing IP insights across various fields of design, such as graphic design, fashion design, product design, architecture and interior design and arts and photography. The talks educated designers on existing forms of IP protection and allowed participants to share experiences.
For designers or those looking to set up a design business, here are eight steps that can be taken to protect intellectual property:
• Learn about the basics of copyrights, patents and trademarks and understand your rights.
• Develop and sign non-disclosure agreements before sharing your designs or collaborating with third parties.
• If you commission a third party to assist with the creation of a design, ensure that all design rights are assigned to you.
• Ensure your employment contracts sufficiently protect the firm's intellectual property and include a clause on what happens to any IP created while employees are working for you.
• Make sure any intellectual property rights that are sold or licensed are done so in accordance with local law.
• Consider the effect of disclosing the design in public. This could lead to the loss of the right to design protection.
• If you register your design, consider using line drawings instead of photographs for broader protection, and to avoid limitations on colour or texture.
• Implement a company social media policy.
Nez Gebreel is the chief executive of Dubai Design and Fashion Council.
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