Temporary Procedural Protection of Innovator Rights in UAE Legislation: A Comparative Study

Qusay Al-Falahi1

https://doi.org/10.62271/pjc.16.2.327.340

Abstract
When an innovator’s right is infringed, the length of time it takes to resort to the judiciary for a final ruling in the dispute leads to increased damage to the rights of the innovator and the possibility of losing evidence to prove the right. This requires the innovator to resort to temporary measures to protect the right subject to infringement. Preventive protection of the rights of the innovator is embodied in measures that innovators are required to take, such as precautionary seizure. It supports the protection of the rights of the innovator, provided that the appropriate security is deposited to compensate the person harmed by those measures if it becomes clear that the person requesting the reservation does not have the right to request temporary protection. This paper evaluates all aspects of the temporary procedural protection of innovator rights in Federal Law No. (11) of 2021 regarding the organization and protection of industrial property rights and comparative laws.

Keywords: Temporary procedural protection, inventor’s right, industrial property, patent, utility certificate.