UAE Intellectual Property LawCabinet Resolution No. (47) of 2022 Concerning the Executive Regulations of Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights

Article (1) Definitions The Definitions set forth in Federal Decree-Law No. (38) of 2021, referred to hereinabove, shall apply to this Resolution. Apart from the above, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: The Law : Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights. Work Right Register : The register in which details and ownership of a Work, details of the Author, holders of rights or Holders of Neighboring Rights, and any rights or dispositions introduced thereto are entered. Collective Management: : Specialized professional associations or any other entities to which Copyright…

Article (2) Work Data Register and Registration Applications 1. The Work Right Register shall contain all dispositions related to rights and data related thereto on the Work itself and the Author, including exclusive rights and scope, utilization term, intended purpose and other dispositions introduced to the aforesaid rights. 2. For the purpose of the Register, Works shall be classified in consistent with their nature. 3. The registration application may not include more than one Work, with due regard to the type of Works. 4. The Author, any holders of rights, Holders of Neighboring Rights or any of their successors may submit an application for registration of a Work, pursuant to the provi…

Article (3) of the Law. b. The Work does not fall within Works that require a permit from the Competent Authority in the State. c. The data and documents set out in this Resolution are fulfilled. d. The Work becomes in its final form and is not merely a draft, initiative, project or idea. 8. If the applicant fails to provide the required documents or information within (60) sixty days from the date of being notified, the application shall be deemed rejected. 9. The Ministry shall examine the application after fulfilling the requirements, referred to above, and shall issue the Work registration certificate after the application is approved. 10. The Ministry shall issue a reasoned decision on…

Article (3) Correction of Material Error Any stakeholder may request the Ministry to correct any material error in the Register's information.

Article (4) Dispositions Introduced to the Work Right Register Dispositions introduced to the Work Right Register, including the deletion of data recorded or having the same registered for a new Person with the consent of parties or based on a final enforceable court judgment, shall be documented.

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Article (5) Importers and Distributors of Works 1. Subject to the provisions of Article (2) hereof, the Work Right Register shall contain all data on names of importers and distributors and rights introduced thereto, including their evidence of right to import or distribute the Works in the State, and data on their activities and entities authorizing them to import or distribute the Works, as stated in the Register. 2. An entry in the Register may include name of more than one supplier or distributor of the same Work if the applicant fulfills the requirements of such entry. 3. Any natural or legal Person may practice an activity related to Works, including importation, distribution, sale, re…

Article (6) Notification of Updates and Modifications Persons whose names are recorded in the Work Right Register shall notify the Ministry of any modification or change introduced to the Register data or attached documents, within (20) days from the modification or change date. The notification shall be made by a letter to be served by the stakeholder. The Ministry shall annotate the Register with any required modifications or changes.

Article (7) Compulsory License for Reproduction or Translation Any Person may submit an application to the Ministry for obtaining a license for Reproduction and/or translation of a Work protected by the Law, in order to satisfy needs of education of all types and levels or needs of public libraries or archive houses, in accordance with the provisions set out in this Resolution.

Article (8) License Application 1. An applicant for Reproduction or translation license shall submit a document proving that the Author or holder of right has refused to grant him a permit to reproduce or translate the Work and publish the reproduced or translated version, or otherwise the applicant failed to reach out to the Author or holder of right to the Work utilization. 2. Where the license applicant fails to reach out to or communicate with the Author or holder of right to the Work utilization, he shall communicate with the publisher whose name appears on the Work and submit a document proving that he has taken the actions mentioned in the above Paragraph.

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Cabinet Reso…

Article (9) Requirements of Compulsory License for the Work Reproduction 1. Without prejudice to the provisions of this Resolution, in order to issue the compulsory license for the Work Reproduction, the following conditions shall be fulfilled: a. The period of (5) five years from the date of first publication of the Work shall lapse; b. The Work copy licensed by the Author or holder of right to the Work utilization shall not be available on the State's markets; and c. The Work shall satisfy needs of education, public libraries or archive houses at a price close to the price common in the State for similar Works. 2. The following cases shall be excluded from the provisions of Clause (1): a.…

Article (10) Conditions of the Compulsory License for Translation Without prejudice to the provisions of this Resolution, in order to issue the compulsory license for translation, the following conditions shall be fulfilled: 1. Lapse of (3) three years from the date of first publication of the Work where no copy thereof translated into Arabic or a language commonly circulated in the State is available to satisfy needs of education, public libraries or archive houses, or where the translated copy is sold out in the State after such period. 2. Lapse of (6) six months from the date of first communication with the Author or holder of right to the Work utilization; provided that the period is eff…

Article (11) Prohibitions of Compulsory License The license may not be granted in any of the following cases: 1. Where the Work is withdrawn from circulation, at the request of the Author or holder of right to utilization of financial rights; or 2. Where the Author or holder of right to utilization of financial rights offers the Work for circulation within the extra period referred to in Articles (9) and (10) hereof to satisfy needs of education, public libraries or archive houses at a price close to the price common in the State for similar Works.

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Article (12) Obligations of License Holder The license holder shall: 1. Mention the Author's name on the translated or reproduced version and mention the Work title as mentioned in its original language; 2. Ensure honest conveyance of the relevant version through the accurate reproduction or translation of the Work; 3. Annotate every reproduced or translated version that it is circulatable only in the State, along with mention that the version has been issued based on a compulsory license; 4. Use the license for satisfying needs of education, public libraries or archive houses; 5. Pay the Author or holder of right to the Work utilization a fair consideration to be identified in the licensing…

Article (13) The License for Reproduction or Translation is Nominal and Unassignable The license for Reproduction or translation shall be issued in the name of the license applicant and may not be assigned to third parties.

Article (14) Expiry of Reproduction or Translation License 1. The Reproduction or translation license shall expire if the Author or holder of right to the Work utilization makes it available in a reproduced or translated version at a price close to the price of similar Works in the State.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree-Law on Copyrights and Neighboring Rights 11 2. The version for which a license for Reproduction or translation is issued shall be circulated until it is sold out.

Article (15) Collective Management 1. The Collective Management shall obtain a permit from the Ministry before practicing such activity. 2. The Collective Management shall, before submitting the permit application referred to in Clause (1) above, obtain the necessary approval from the Competent Authority in the State according to the conditions prescribed in this regard. 3. In order to obtain the Collective Management permit, the following documents and details shall be submitted: a. A copy of the permit applicant's articles of association and memorandum of association; b. The form of the contract concluded between the applicant and right holder associates of the permit applicant, and the me…

Article (16) Accessible Format Copy 1. An authorized body may apply to the Ministry for obtaining a license to prepare copies of any Accessible Format Copy. 2. In order to obtain the Ministry's approval, the following conditions shall be fulfilled: a. Services of education, training, reading for the blind or access to information for the beneficiaries shall be provided within its main activities or institutional obligations; b. It shall have a legal access to Works or copies thereof; c. The distribution of Accessible Format Copies shall be exclusively distributed to the beneficiaries or bodies authorized inside or outside the State; d. Not introduce any changes other than those necessary to…

Article (17) Customs Clearance 1. The Author or right holder or their successors may submit an application to the customs authorities to temporarily suspend the customs clearance before intellectual Works are released from the customs zone. The customs authorities shall decide on the application and the applicant shall be notified of the decision once issued. 2. The customs authorities may, on its own accord, temporarily suspend the customs clearance where any of the documents submitted are doubtful. 3. In all cases, the customs authorities' decision to temporarily suspend the customs clearance shall be reasoned and for a maximum period of (20) twenty days. 4. The applicant shall attach to h…

Article (18) Future Works 1. Any disposition by the Author of his entire future intellectual product shall be null and void. 2. Notwithstanding Clause (1) above, the Author may enter into an agreement on a number of his future Works not exceeding (10) future works.

Article (19) Repeals Any provision contradicting or repugnant to the provisions of this Resolution is hereby be repealed.

Article (20) Publication and Entry into Force of the Resolution This Resolution shall be published in the Official Gazette, and shall enter into force as of the day following the date of its publication. Signed Mohammed bin Rashid Al Maktoum Prime Minister Issued by Us Dated: 10 th Shawwal 1443 AH, Corresponding to: 11 th May 2022 AD

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