Dubai International Finance Centre, DIFC, is the leading international financial hub in the Middle East, Africa and South Asia (MEASA) region, with more than 25,600 professionals working across over 2,500 active registered companies. DIFC has issued Intellectual Property Regulations (IP Regulations)1, effected on July 5, 2021.
The regulation 2 defines the Procedures for Filing and Processing Complaints with the Commissioner of Intellectual Property.
A Complainant can file complaint to the Commissioner by giving following details;
- full name, address and capacity of the Complainant;
- name and details of the Respondent;
- details of the complaint;
- a detailed statement of the alleged facts of complaint;
- the relief sought by the Complainant.
The complaint be accompanied with supporting documents;
- proof of ownership of intellectual property rights or the right for which protection is claimed;
- Power of attorney, if a complaint is filed on behalf of the owner of the intellectual property;
- any documents or other evidences, including witness statements, confirming that the infringement, misappropriation or conflict occurred within the DIFC;
- proof of payment of the fees which has stated in Regulation 2.3;
- an undertaking to cover any costs and expenses incurred by the Commissioner (or his delegate) to investigate the complaint, including any costs associated with appointing an Expert
Being satisfied the Commissioner shall notify within ten (10) business days the Respondent in writing of the complaint.
If the Commissioner feels, that notifying a Respondent of a complaint may pose a risk to the investigation of the complaint, he may delay the notification for such period as the Commissioner deems fit. (Regulations 2.1.6)
The Respondent can respond to the complaint within ten (10) business days. The Commissioner may extend this period on sufficient justifiable reasons. (Regulations 2.1.7)
In case of the Respondent's failure, the Commissioner may proceed to issue a direction based on the findings of his own investigations of the complaint, or accept the submissions of the Complainant without any further investigations. (Regulations 2.1.8)
All complaints, responses or documents filed with the Commissioner must be in the English Language or accompanied by an English translation, certified to the satisfaction of the Commissioner. (Regulations 2.1.10)
The Commissioner may call upon the Complainant and/or a Respondent to discuss the issue in a hearing. If in case the Complainant or Respondent decline to attend the hearing, the Commissioner may proceed with the procedures to issue a direction. (Regulations 2.1.11)
The regulations also state the procedure for inspection of the respondent's premises, including the seizure and storage of the infringing products. The Commissioner shall prepare a report about the description and quantity of infringing products at the premises, as well as any machines, materials, tools and equipment used in the infringement, adding it to the Commissioner's records of the complaint. ((Regulations 2.2)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.