Introduction

Intellectual property (IP) rights protect ideas, inventions, designs, brand names and creative works. They give the owner the exclusive right to use, sell or license their product or service. IP is a company’s most valuable asset. It creates a competitive edge by preventing others from copying or profiting from the creation. 

The Emirate continues innovation with a top-notch legal system that evolves and protect both its citizens those who come seeking what the nation provides. Although the UAE has a young patent system, there has been significant growth over the last few years. According to World Intellectual Property Organization data, the UAE witnessed remarkable growth in patent activity, with patents in force increasing from 200 in 2011 to 2,416 in 2020- nearly doubling between 2019 and 2020 alone.

THE LEGAL FRAMEWORK 

• Federal Law No. (11) of 2021 on Industrial Property Rights : Regulates patents, industrial designs and trade‑secrets.^[1]
• Federal Law No. (38) of 2021 on Copyright and Neighbouring Rights: Extends protection to software, databases and audiovisual works.^[2]
• Federal Law No. (36) of 2021 on Trademarks: Safeguards symbols, names and images that identify a brand.^[3]
• DIFC Law No. 4 of 2019 (Intellectual Property – DIFC) – Establishes a separate IP regime within the Dubai International Financial Centre, applying common‑law.^[4]

The evolution has created a dual-track enforcement system that offers patent holders strategic choices between filing a lawsuit in the traditional Local Civil Courts or in Dedicated Intellectual Property (IP) Courts.

JURISDICTIONAL LANDSCAPE

Local Civil Courts^[5]

Until a few years ago, local courts were the default venue for all patent infringement lawsuits in the UAE. Operating within the traditional UAE judicial framework, each emirate maintains jurisdiction over patent infringement cases within its territory. The standard process is to file a civil suit in that Emirate’s court system. The key features of a local civil court are:

• Patent infringement actions are typically filed in the Court of First Instance of the relevant emirate, with appeals proceeding through the Court of Appeal and ultimately to the Court of Cassation for points of law.
• All proceedings and pleading are to be conducted in Arabic.
• Geographic jurisdiction is strictly territorial meaning cases must be filed in the emirate where the alleged infringement occurred.
• UAE-trained judges have broad civil law expertise rather than IP specialization.
• Relief such as injunctions, damages, destruction of infringing goods are available. ^[6]

Specialized Intellectual Property Courts: A Modern, Focused Forum

Before 2019, IP cases were filed in federal courts. Law No. 4 of 2019 gave DIFC Courts exclusive authority over IP disputes arising within the free zone, applying common law and English-language proceedings. The new rule gives the DIFC courts the sole power to decide these disputes, but it doesn’t change who handles the paperwork‑side of things. Registering a trademark, patent or copyright still must be done through the UAE’s federal IP offices.^[7]

In Abu Dhabi and Dubai, Intellectual Property disputes are heard by the regular federal and local courts. Specialized IP court circuits have been established within the Federal Court of First Instance in Abu Dhabi to handle such cases. These courts have judges with specific training in intellectual property law. The specialized bench can interpret patent claims with better understanding, reducing the need for extensive expert testimony hence accelerating case resolution.

The key features of specialised IP court circuits and DIFC are:

• IP courts circuits feature judges with knowledge in patents, trademarks, and copyrights.
• Centralized jurisdiction: They can accept cases from across the UAE.
• English may be used in free zone common law jurisdiction of DIFC IP courts.
• The remedies available through DIFC Courts are injunctions and compensation for damages occurred due to the infringement.

CHOOSING THE RIGHT COURT

Expertise and Technical Knowledge

The most significant differentiator between the two forum options lies in judicial expertise. Patent litigation is complex full of technical jargon and require understanding of inventions. IP courts are staffed by judges trained in IP law which are often engineers, scientists, or lawyers with specialist expertise.

In contrast, Local Civil Courts rely on generalist judges who may require extensive expert testimony to understand technical aspects of patent disputes. The demerit of this being the fact that it can extend proceedings and increase costs as parties invest heavily in expert witnesses and technical explanations.

Speed and Efficiency

IP courts usually resolve cases within 12–18 months and are more likely to grant early or interim relief. Civil courts face heavier caseloads and slower timelines, often requiring multiple expert opinions and translations, which can increase costs and prolong proceedings.

Geographic Considerations

Local civil courts can be useful if you need a court that is close to the parties or to witnesses, but it also means that if the same product is being copied in several emirates you may have to start separate lawsuits in each one

DIFC courts allow you to bring the case from any emirate, giving you a single, central venue. This makes it easier to pursue a unified and consistent judgment enforceable across the country.

Procedural Differences

The procedural environments of these forums differ substantially, influencing both strategy and outcomes.  

Civil Court

• Language: Arabic only; court documents as well as evidence must be translated.
• Initiation: Submit a detailed statement of claim and pay the court fee depending on the relief sought.
• Evidence: The court may appoint an expert, whose fees are borne by the parties. Most evidence is written, with oral testimony.
• Remedies: The court may order injunctions (to stop infringement), damages (compensation), and the destruction or confiscation of infringing goods and machines.
• Timeline: Can take two or more years with appeals or complex evidence.

Specialized IP Courts

• Language: Arabic in court circuits of Abu Dhabi, English in DIFC free zones.
• Expertise: Judges are specialists, so less reliance on prolonged expert testimony.
• Initiation & Evidence: More streamlined, with clear pleading requirements, and the court is more poised to process technical evidence efficiently.
• Relief: Injunctions, damages, orders for destruction, business license suspension, and substantial administrative fines.
• Timeline: Typically, 12-18 months; urgent measures possible

CREATION OF ADMINISTRATIVE AUTHORITY TO ENFORCE IP

The DIFC IP Law has created an administrative body which is the IP Commissioner who will be responsible for the administration of the law and for its non-judicial enforcement. He or she has the right to issue directions to cease, confiscate and destroy infringing goods. The establishment of such an administrative body will facilitate the enforcement of the IP rights within the DIFC jurisdiction. The decisions of the IP Commissioner can be challenged before the DIFC Courts.^[8]

Complaints for intellectual property infringements shall be filed with the Commissioner of Intellectual Property.  

Requirements:

• Fill out a complaint form explaining what IP right is being infringed and what relief is desired.
• Provide documents proving you own the IP right.
• Submit evidence and pay the complaint fees.
• Provide a letter promising to cover any costs that may come up during the process.

The IP Commissioner will review your complaint and investigate as needed. Investigations can include visiting the other party’s premises, meeting with both sides, or hiring an expert to give an opinion. After the investigation, the Commissioner will issue a decision based on the IP Law.

MOVING A CLAIM TO CRIMINAL COURT

A claim can be moved from civil court to public prosecution although both have similar procedures. IP infringement can at times constitute a criminal offence especially if it involves impersonation of brand or counterfeiting goods. Penalties may include fines starting from AED 5,000 and rising to over AED 1,000,000. Authorities can impose confiscation of equipment or products used in illegal activities, order the closure of businesses involved, and in some cases, sentence offenders to jail.

CASE ILLUSTRATIONS

Red Bull successfully secured protection of its famous “RED BULL” trademark against a local competitor who tried to use a similar mark in the UAE. The UAE courts ruled that the competitor intentionally exploited Red Bull’s established reputation, market share, and effective marketing.  This decision highlights the UAE’s firm stance safeguarding internationally recognized brands and preventing consumer confusion.

Case No. 1415/2024: A business that had used and reserved the trade name since 2009 sued another party for unauthorised use of the same name and logo. The Dubai Court of Cassation’s reversed the prior lower court’s decision and clarified that trade names differ from trademarks and can be protected based on prior use even if unregistered.^[9]

These cases demonstrate that selecting the right legal forum with the right expertise speeds up decisions procedures.

CONCLUSION

The choice between Local Civil Courts and Specialized IP Courts represents a critical strategic decision that can significantly impact enforcement outcomes. For patent holders seeking swift, technically informed relief, specialized IP Courts generally offer the most advantageous pathway. Local courts remain useful for simpler or localized disputes. Together, they create a flexible, dual-track system that strengthens the UAE’s standing as a regional hub for intellectual property protection.

[1] Federal Law No. (11) of 2021 on Industrial Property Rights

[2] Federal Law No. (38) of 2021 on Copyright and Neighbouring Rights

[3] Federal Law No. (36) of 2021 on Trademarks

[4] DIFC Law No. 4 of 2019

[5] Iclg- Patent Laws and Regulations UAE 2025

[6] Gowling WLG Enforcing UAE patent rights: A comparative overview of the UK and UAE approach

[7] Guide to the DIFC IP Law- difc.com

[8] The new DIFC intellectual property law: enhanced rights and remedies Patrick Dillon-Malone S.C. – Senior Counsel

[9] Case No. 1415/2024

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