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In the realm of intellectual property (IP), the UAE has established a comprehensive framework to safeguard the ingenuity of its entrepreneurs and businesses. The world of patents and trademarks, however, can be a complex labyrinth, especially for those unfamiliar with the intricacies of the UAE’s regulatory landscape. This blog post aims to serve as an indispensable compass, guiding readers through the labyrinthine process of patent and trademark registration in the UAE.
Before delving into the registration process, let us briefly elucidate the concepts of patents and trademarks. Patents confer exclusive rights to inventors for a fixed period, protecting novel inventions that possess industrial applicability and inventive step. Trademarks, on the other hand, safeguard distinctive signs, logos, or names that identify and distinguish products or services of one entity from those of another.
The UAE’s IP legal landscape is characterized by a dual system, with federal laws governing IP rights across the nation, complemented by the specialized IP frameworks of the UAE’s free zones, such as the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM). Federal Law No. 17 of 2002 and its amendments regulate patents, while Federal Law No. 37 of 1992 and its amendments govern trademarks.
Designated Non-finance Businesses and Professions (DNFBPs) are required to comply with the UAE’s Anti-Money Laundering and Combating the Financing of Terrorism (AML-CFT) laws. Non-compliance can lead to penalties from the Ministry of Economy (MoE), which conducts inspections to ensure AML-CFT compliance. To avoid penalties, DNFBPs must prepare for these inspections with a rigorous approach. In this blog, we will provide a checklist of best practices for DNFBPs to prepare for AML-CFT inspections in the UAE.
Company Details: DNFBPs must provide the inspection team with their company details, including the company name as per the trade license, DNFBP category, licensing authority, license number, issue date, address, inspection date, registrar representative names & title, entity representative names & title, and a description of the establishment’s ownership structure up to the ultimate beneficial owner.
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Policies and Procedures: DNFBPs must prepare a documented set of AML/CFT Policies and Procedures, approved by the management, and ensure that the documented risk assessment is included in the AML/CFT Policies and Procedures.
Compliance Officer: DNFBPs must appoint an independent compliance officer with access to all the company’s records, including financials. The compliance officer’s name, CV, and Job Description must be stated, along with the name of the authority to whom the compliance officer reports.