Remedies Against Infringement of IP Rights in Dubai International Financial Centre (DIFC)

Abstract

The Intellectual Property Law No. 4 of 2019 (IPL’19) as enacted in the Dubai International Financial Center (DIFC) has led to creation of an office of Commissioner of Intellectual Property (CIP) which increases the uniformity in remedies of deterrent fines for intellectual property (IP) rights infringements that may occur in DIFC. Likewise, IPL’19 has also delegated jurisdiction with DIFC Courts to adjudicate on the remedies of damages and injunctions for IP rights claims brings about certainty in venue for lodging such claims. Consistency in litigation is important because it reduces uncertainty and increases the predictability of case outcomes. This reduces litigation, as it becomes clearer to potential litigants when a case is without merit. Businesses have greater confidence that their investments in innovation will be protected, allowing them to better plan their business strategy, spurring economic growth. IPL’19 applies to any person who owns or claims ownership, uses or attempts to use, or who seeks to enforce or protect an intellectual property right, or any part thereof, in DIFC. This article provides an overview as to the remedies that DIFC Courts and CIP can provide against IP rights violations in DIFC. For convenient reading the body of this article has been arranged into five parts as below. The first serves as the introduction to subject matter of this article, the second part notes the thresholds identifying the respective jurisdiction of DIFC Courts and CIP, the third part identifies the IP rights claims that have expressly been included in the original jurisdiction of DIFC Courts and CIP, the fourth part analyses the causes of action that DIFC Courts can try in its capacity as a civil court, and the final fifth part serves as the conclusion to this article.