CRIMINAL AND CIVIL PROTECTION TO INDUSTRIAL INTELLECTUAL PROPERTY AND PATENT: IT’S HISTORICAL, GRASSROOTS, DEVELOPMENT AND CONTEMPORARY IMPLEMENTATIONS, UNITED ARAB EMIRATES, LAW AS A CASE STUDY
This proposed Conference paper which emphasis on Intellectual property rights defines as: “The rights given to people over the creation of their minds” (Fred Warshofsky: Intellectual property, John Willey and Sons, 1994, p5). The researchers will focus on Historical Background ,development of Intellectual property , patent, importance and significance, research problem, research methodology, research contents, findings and recommendations. The Historical background and development to industrial intellectual property patent and design act refers to the pioneer International Convention ; 1883 which held in Paris it assumed as bed rock and foundation to whole industrial rights as amended and revised in 1979, Patent Cooperation Treaty, 1970 and Model Law for developing Countries on Marks, Trade Names and Act of unfair Competition, WIPO, 1958, then Strasbourg Agreement Concerning International Patent Classification, 1971. In addition to other International Conventions and national Acts that protecting and organizing industrial intellectual Property and Patent rights Provisions .The Characteristics and main Features of Intellectual Industrial Property :From the above mentioned definition which reflects the apparent characteristics of (I.P) to be two types such as follows: 1)The unpreceded discoveries either in the area of newly discoveries pertaining manufacturing of new models of cars ,refrigerators ,televisions ,airplane ,etc….2)specific trade marks or design recognizing the quality of apparatus manufactured ,e.g: milk, ceiling fan, motor or fashion of clothes .The significance and Importance of the forgoing paper may appears in: (i) exposition and highlighting the International and national legal systems that concerning with the protection of intellectual property and patent’s rights. (ii) It gives key and pre-requisite to protection that given to the authors rights patent and new http://dx.doi.org/10.47832/2717-8293.21.16 1 ahmedelmurdi@gmail.com 2 asmar2727@gmail.com Volume 5, Issue 1, January 2023 www.rimakjournal.com 245 discovery in the field of applied sciences. (iii) It explores the essentials that tackled to patents, industrial design and ownership of copyrights. For the research Problem: It might respond to such presumed questions: (i) What is the scope of industrial intellectual property? (ii) What are the international organizations that concern to protect patent, trademarks, trade secrets and industrial designs? (iii) What is the patent and ordained procedures that requested for its registration? (iv) Describe the copy right and designs which are protected by Law provisions (v) classify the classes of infringements to industrial and intellectual properties and which: are the prescribed the criminal and civil remedies: The research Methods that adopted: According to on going conference paper the researchers intend to adopt inductive analytical comparative research methodology. Literature Review: There are various masters, Ph.D Thesis and researchers contribution in this context such as: (i) Salwa Jameel Ahmed: Al-Himayt Aljnayiat Li Al-milkyat Al-fikryyah, Ph.D thesis, Ain Shumsh University (2015). (ii) Jide Babafemi: Intellectual Property the Law and Practice of Copyright, Trade marks, Patent and Industrial Design in Nigeria, 1st Edition, Justin Books Limited, Ibadan, Oyo, Nigeria (2007) (iii) Vinod V. Spole: Managing Intellectual Property: the strategic imperative, 3rd edition, PHI Learning private Limited, New Delhi (2012). Our proposed conference paper is similar with these works but it defers because it focused on Emirates Laws. The Contents of the Paper: It is primary concentrates on: (i) Definition of Industrial intellectual property, it’s features and significance (ii) Patent Protection base on Emirates Laws (iii) Criminal and Civil Protection to copy right and industrial design pursuit to Emirates Laws. (iv) Judicial precedents on industrial and Patent protection with reference to Emirates Laws..
Keywords: Industrial Intellectual Property (Ii) Patent (Iii) Civil Protection For Intellectual Property (Iv) Criminal Protection For Intellectual Property (V) Trade Marks.