BUS- 2003– Business and Commercial Law Trademark Law – Counterfeit Goods

Laws and remedies available for trademark infringement in the UAE

Generally, there are civil remedies and criminal penalties for trademark infringement in

the UAE. For instance, any person who forges a registered trademark or commits any of the

offences provided for under Article 37 of the UAE Federal Law No. 37 of 1992 can “…be

sentenced to imprisonment a fine of at least Dh. 5000,” (Focus on Legal Issues, 2004). The

Article also provides three civil remedies to trademark owners against trademark infringer

(Intellectual Property Rights (IPR), 2010). The civil remedies provided for include lodging a

compliant with the Department of Economic Development which then forms a team of

investigators to situate and seize counterfeited goods; bringing a civil suit in the civil court of

first instance where counterfeit goods are located for confiscation and destruction and bringing a

civil suit in the civil court of first instance where counterfeit goods situated for compensation for

any harm resulting from the making and sale of the counterfeited goods.

Effects that trademark infringement may have on the Trademark owners

and consumers

Trademark infringement causes consumer confusion regarding the origin or source of

goods. Worse still majority of counterfeited products and goods are harmful for human

consumption. For example, smoking counterfeited cigars exposes the user to greater healthy risks

because they do not use recommended ingredients and do not maintain the set out manufacturing

standards. Likewise, some counterfeit drugs can be risky for consumers and can even cause

death in some situations. Trademark owners lose huge amounts of income when consumers

purchase phony products and thus they end making losses (Intellectual Property Now. 2010;

International Association of Trademark, 1998). In some cases, a company may lose the royalty

of frustrated consumers who feel cheated and having not received value for their hard earned

money.

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