قانون الملكية الفكرية في الإماراتقرار مجلس الوزراء بشأن تشكيل ونظام عمل لجنة تظلمات الملكية الصناعية

Article (5) Termination of Membership Membership of the Committee shall be terminated for any of the following reasons: 1. Where a member fails to attend three (3) meetings without an excuse acceptable to the Chairman of the Committee.

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Cabinet Resolution of 2025 Regarding the Formation and Rules of Procedure of the Industrial Property Grievance Committee 3 2. In the event of the member’s death or illness that would prevent them from performing their duties; 3. Where a member’s resignation from the Committee is accepted; 4. Where a member is convicted of a crime involving moral turpitude or breach of trust; and 5. In the event that the seat of a member becomes vacant for any reason whatsoever prior to expiration of their term, a replacement shall be appointed for the remainder of the term in the same manner in which the predecessor was appointed.

Article (7) The Committee’s Rules of Procedure and Meetings 1. The Committee shall hold its hearings at least twice per year, and upon the submission of grievances, or whenever deemed necessary at the request of its Chairman. 2. The Chairman of the Committee shall decide on all matters pertaining to the arrangements of the Committee’s hearings, including the determination of the venue, timing, and agendas thereof. 3. The hearings of the Committee shall only become valid if attended by all members, including the Chairman. 4. The Committee may hold its hearings remotely, and any member may attend the hearings using modern means of communication, subject to the Chairman’s approval. 5. The Committee’s deliberations and decisions shall be confidential, and shall not be made available to the public or the media unless approved by the Chairman beforehand.

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Cabinet Resolution of 2025 Regarding the Formation and Rules of Procedure of the Industrial Property Grievance Committee 4 6. The proceedings, deliberations, and decisions of the Committee’s meetings shall be duly recorded in minutes, maintained in a special register, and signed by the Chairman and attending members. 7. For matters in respect of which no specific provision is stipulated herein, the Committee shall apply the rules of procedure governing the operation of committees within the Federal Government.

Article (9) The Committee’s Procedures 1. The Secretary of the Committee shall receive the grievance and all supporting documents, and shall forward the same directly to the Committee members. 2. The Secretary shall assign sequential numbers to the grievances submitted to the Committee upon receipt, and shall have them recorded in a special register maintained for this purpose, indicating the date of submission and relevant details. The applicant shall be issued a receipt confirming that the grievance has been received and registered. 3. The Committee may require the grievant to provide any data or documents relevant to the subject matter of the grievance, and an appropriate deadline shall be scheduled for their submission. 4. The parties to a grievance shall be notified of the scheduled date of the hearing. The Committee may, either sua sponte or at the request of the parties, allow the parties to

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Cabinet Resolution of 2025 Regarding the Formation and Rules of Procedure of the Industrial Property Grievance Committee 5 appear before it. Should either the grievant or the opposing party fail to appear in person or through a representative, the Committee may adjudicate on the grievance in absentia. 5. The Committee may, when considering a grievance, allow any party to submit new documents or evidence that could materially affect the subject of the grievance. 6. For adjudicating on the grievance, the Committee may seek the assistance of experts or specialists as it deems appropriate, provided that such individuals shall not have voting rights during the Committee’s deliberations.

Article (10) Adjudication on Grievances 1. The Committee shall issue its decisions and recommendations by a majority vote of the present members. 2. The Committee’s decisions shall be reasoned and accurately explained, specifying the grounds and justifications for each decision. 3. The Committee shall issue its final decision on the grievance within sixty (60) days from the date of submission. The decision shall include a summary of the subject matter of the grievance and the rationale upon which the decision was based. 4. The Secretary of the Committee shall serve the final decision upon both the grievant and the Ministry’s competent department within fifteen (15) working days from the date of its issuance, by modern means of communication, in accordance with the contact details registered with the Ministry. The Committee’s decision and the number and date of service upon the grievant shall be recorded in the Committee’s grievance register.