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Department of Economic Development – Ajman

Definition of Intellectual property

Intellectual property is an outcome of human thought of creations such as inventions, industrial designs, trademarks, songs; books, symbols and names, and intellectual property rights dosent differ from any other property rights. It enables the owner the right to benefit in various ways from his work, which was just an idea and then formulated to become in a form of a product. The owner is entitled to prevent others from dealing in his property without obtaining prior permission from him. The owner also has the right to prosecute in the case of infringement of his rights and demand to stop infringement or stop the continuation of the same ant the right to ask for compensation for damages.

The history of Intellectual Property

The concept of intellectual property is not a new concept and it is believed that the first spark of the intellectual property system has been started in northern Italy during the Renaissance. In the year 1474, a law was established in Venice to regulate the protection of inventions which stipulated to grant an exclusive right to the inventor, while the the copyright system goes back to the invention of typographic characters and printers by Johannes Gutenberg in 1440. At the end of the nineteenth century, several countries saw the need to develop laws governing intellectual property. Worldwide, two treaties were signed which were considered as the foundation of the international system of intellectual property: one is Paris Convention for the Protection of Industrial Property passed in 1883 and the second was in 1886 Berne Convention for the Protection of Literary and Artistic Works.

Intellectual property protection

Protection of Intellectual Property Rights This allow the initiator and owner of the trademark and patent and copyright to benefit from his work and his efforts and investment, and this does not mean that the owner has monopolized the knowledge , but the reverse whereas these rights are contained in legal articles of the Universal Declaration of Human Rights, which stipulates the right to benefit from the protection of the moral and material interests resulting from attributing the practical, literary or artistic outcome to its author.

Counterfeiting and fraud methods

Counterfeiting and fraud methods vary according to the nature, type of item and means used by the offender, the potential tools and capabilities used simulate the original product.

The use of technology in the manufacturing of counterfeit goods has a major role in bringing it to a high degree of similarity with the original goods and thus it is now difficult to distinguish between them, we shall present the issue as follows: .

  • The use of the exterior shape of the original device and the replacement of some internal contents by counterfeit parts (computers – electrical devices )
  • Fixing an adhesive tape on the external part of the device to prevent opening it and discover the counterfeit contents
  • Fixing the adhesive tape of original products on the counterfeit products mislead the consumer.
  • Imitating the cartoon containers or packages of the original products to pack counterfeit goods.
  • Imitating the trademark of original products and the trade name of the original company and fix the same on a counterfeit product and falsifying business data.
  • Collecting the original empty containers to pack counterfeit product inside and repackaging using advanced machines.
  • Re-using of used parts by cleaning and repacking and selling the same as new original parts.
  • Remove the expiration date tag from expired products, and rewrite a new expiry date

The Commercial Fraud Protection Division protects the owners of trademarks, registered agencies whereas the concerned party files a complaint of infringement of the mark or trade agency commercial and the Division shall examine the file and take the necessary action.