Overview of UAE design system

In addition, in the UAE, designs that violate public order and morals, the use of national symbols, etc., and designs that include portraits of other people are not allowed to be registered (reasons for non-registration). Shapes that have only a function (for example, shapes of parts that are purely functional) are also not eligible for protection because the definition of a design requires them to be "decorative." In this respect, similar to the Japanese system, it follows the idea that a shape that is only functional and beautiful is not a design.

Subjects of protection in Japan: The 2020 revision of Japan's Design Law greatly expanded the scope of protection. Under current law, the following three types of designs are protected as "designs."

• Article design: It is a design based on the shape, pattern, color, or combination of these of an industrially producible article (product) that has traditionally been protected. It also includes the design ofparts of the article. For example, it is possible to draw only part of the shape of a product using solid lines and file an application as a partial design.

• Building Design: This is a newly added protection target in the 2020 revision, and is the design of the exterior and internal structure of a building. It is now possible to register the form of the entire building and the design of the interior space. This allows designs in the architectural field (e.g. store facades and residential interiors) to be protected by design rights.

• Image design: This was also added in the 2020 revision, and is a **image (graphic image)** that is not displayed or recorded on the product and meets certain requirements. Specifically, this applies to "images displayed as a result of device operation screens or device functions." For example, the UI screen of a smartphone app or the control panel display of home appliances. Image design can also be viewed as a partial composition.

Japan is unique in that the scope of protection extends not only to physical products but also to buildings and electronic images, as mentioned above. On the other hand, in order to be protected, they must be ``something that evokes a sense of beauty through the visual sense.'' For this reason, mere functional displays (e.g. screens with only textual information indicating the functions of software) or shapes that are essential to the structure of a building but are not aesthetically pleasing are not recognized as designs. Article 5 of the Design Law stipulates that designs that violate public order and morals, designs that cause confusion with other people's products, etc., as well as ``designs that consist only of shapes that are essential to ensure the function of an article,'' ``designs that consist only of shapes that are essential for the use of a building,'' and ``designs that consist only of indications that are essential for the use of images'' cannot be registered.

Comparison of protected areas: There are significant differences in the scope of protected areas in the UAE and Japan. While the UAE is limited totraditional goods design, Japan has a wider range of protection, coveringbuildings and screen designs. For example, it is possible to obtain a design right for the UI design of a car's instrument panel or the design of a building in Japan, but it cannot be protected as a design in the UAE (it can only be protected separately by copyright, etc.). In addition, Japan has a clearly defined partial design system, which allows you to obtain rights for a close-up of only a part of a product. Although there is no explicit provision for partial designs in the UAE, depending on the drawings in the application, it may be possible to substantially limit the scope of rights to only the parts. Although both countries share basic restrictions such as the exclusion of public order violations and purely functional shapes, Japan's system can be said to be more flexible and comprehensive than the UAE in terms of the scope of protection.

4. Exception to loss of novelty (grace period)

Grace period in the UAE: In the UAE, a new law has created an exception to the loss of novelty (grace period) in cases where a design is published before filing. Publication by the creator (designer) or a person with his/her consent, or publication by a third party based on information obtained directly or indirectly from the creator, will be treated as not losing novelty if within 12 months of the filing date. For example, even if the designer himself discloses the design at a product launch or exhibition, as long as he files a design application in the UAE within 12 months from that date, the publication will not be considered public knowledge that would impair novelty. However, there areimportant conditions to apply this grace period. It is ``filing in the UAE within 12 months of publication''. If you first file a design application in another country (such as Japan) after publication, but do not file in the UAE within the priority period (within 6 months) and 12 months have passed, the grace period will not apply even if you claim Paris priority and later file in the UAE. UAE law requires that an application be filed in the UAE within 12 months after publication, so it is important to note that relief cannot be obtained by going through the following route: publication → foreign application (priority secured) → UAE application based on that priority. There are also forms of publication that areinapplicableto the exception: ``publications published in foreign or regional intellectual property authorities or in the Industrial Property Bulletin of WIPO'' are not subject to the exception for loss of novelty, even if the period is less than 12 months. In other words, if a design is published in a design gazette or patent gazette of another country, it falls outside the scope of the grace period and is considered to have lost novelty. From the above, in the UAE, even if your company's design has been published, you can receive relief by filing a UAE application promptly (within one year), but it should be noted that there are cases where exceptions may not be granted depending on the manner of publication.

Reduction system in the UAE: In the UAE, the 2021 amendment to the Industrial Property Law and the subsequent ministerial ordinance have changed the official fee structure for intellectual property rights, including designs. In the new fee schedule that came into effect on January 15, 2024, fees are categorized according to applicant attributes. Specifically, for individual applicants, SMEs within the UAE, Academic institutions in the UAE, the official fee is set at approximately half the pricecompared to regular corporate applications. For example, the application fee for a design is 1,000 dirhams for individuals and small and medium-sized enterprises, and 2,000 dirhams for general corporations (large companies). In addition, two-tiered fees are also set for public notice fees, correction fees, etc. As such, the UAE has recently introducedfee reduction measuresto encourage small and medium-sized enterprises and individuals to acquire intellectual property. However, it should be noted that this preferential treatment is basically applied to SMEs etc. with bases in the UAE, and that if Japanese companies apply directly to the UAE, they are usually not eligible for reduction or exemption (general corporate fees). The new law also provides relief provisions for pensions for patents and designs, such as exemption from certain late reinstatement fees, but there are no reports of reduction or exemption systems specific to designs (for example, discounts when multiple designs are filed at once).

Japan's reduction/exemption system: In Japan, the fee reduction/exemption system for intellectual property has been expanded. In particular, under the new system introduced in April 2019, measures have been taken to significantly reduce examination fees and registration fees for patents, designs, and trademarks for small and medium-sized enterprises, startups, individual inventors, universities, TLOs, etc. Under this system, small and medium-sized enterprises that meet certain requirements (capital, number of employees, independence from large companies, etc.) will have their examination request fees and registration fees reduced to 1/2 or 2/3. For example, if you are a small business, you can receive a 2/3 reduction in the examination request fee and patent pension for the first 10 years (in the case of designs, the examination system also applies, so the fees and registration fees that essentially correspond to the examination are subject to reduction/exemption). This reduction/exemption system is also applicable to Foreign corporations and foreigners, and if the requirements are met, even overseas small and medium-sized enterprises can benefit from it when filing in Japan. The procedure has also been simplified, and whereas previously it was necessary to submit documents proving eligibility for reduction/exemption, it is now sufficient to apply for the relevant category in the application documents and state that ``submission of certification documents will be omitted.'' Additionally, as a measure unique to Japan, there is also a subsidy system for foreign application fees (overseas application subsidies provided by JETRO, etc.) as part of each prefecture's and small and medium-sized enterprise support measures. This is a system that publicly subsidizes a portion of the costs of domestic small and medium-sized enterprises filing design applications overseas, but as this differs from the purpose of this article, which is fee reduction/exemption, we will omit the details.

Comparison of reduction/exemption systems: Both the UAE and Japan offer reduction of official fees as a support measure for small and medium-sized enterprises, etc., but there are differences in the content. The UAE clearly distinguishesby domestic attributes (whether or not they are located in the UAE), and there are basically no discounts for foreign companies. On the other hand, Japan's exemption system is applied based on requirements such as company size and non-profit status, and can be used even by small and medium-sized overseas companies. In addition, in Japan, the exemption rate is large at 1/2 or 2/3, and includes examination fees and maintenance fees. In contrast, in the UAE, the reduction is only about 1/2 for small and medium-sized enterprises. Furthermore, in Japan, consideration is given to the simplicity of procedures (reductions and exemptions can be obtained by simply filing a declaration). Although both countries are working to reduce the burden of intellectual property acquisition costs, it can be said that Japan has a broader scope of application and a higher exemption rate. When a Japanese company files a design application in the UAE, it is in principle necessary to expect the full official cost (e.g. 2,000 AED application fee, etc.), but when it comes to acquiring rights in Japan, it is possible to reduce costs by checking whether your company is eligible for exemption or exemption and taking advantage of the system.

6. Drawing requirements (creation of drawings when applying for a design)

Drawing requirements in the UAE: When filing a design application in the UAE, there are some points to keep in mind regarding drawings to be attached to the application. First, the drawings (or photographs) you submit must clearly represent the design from each direction. For three-dimensional objects (3D designs), six views (six views) are usually required: front, back, right side, left side, top, and bottom. Also, each figure must be submitted in at least two copies. This is a remnant from the days when applications were submitted in . In the case of two-dimensional designs such as flat patterns or textiles, two copies of the drawings should be submitted. It is recommended that drawings be drawn as clearly as possible with line drawings, but submissions of high-definition photographic images are also accepted. However, photos should be taken with a plain background to provide a clear contrast and allow the details of the design to be seen. The examiner will also check whether the drawings and photographs submitted at the time of application do not exceed the scope of the published design. For example, published content for grace period application.The point of view is whether the content of the application drawings and the content of the application drawings match. In addition, the formal requirements for drawings are stipulated in the Implementation Regulations, and there are regulations regarding how to draw details (shading, handling of broken lines, etc.). In general, it is necessary to have multi-view drawings that fully represent the entire product, and it is desirable to prepare six-sided views + perspective views (reference views), just like in Japan. If you wish to claim only a part of the design as a design, it may be possible to draw other parts with broken lines, but as clear guidelines for the UAE have not been published, it is wise to follow the instructions of a professional representative.

Japanese Drawing Requirements: In Japan, when applying for a design, the drawings (or photographs, models, samples) attached to the application must be detailed and accurate so that examiners and third parties can understand the design in detail. Traditionally, for designs of three-dimensional objects, it was the principle to submit six views (front view, back view, right side view, left side view, top view, and bottom view). However, in recent years, the drawing requirements have been somewhat relaxed, and for example, in cases where only one side view is sufficient for bilaterally symmetrical items, or in cases where a perspective view showing the whole and a main front view are sufficient, all six drawings are not necessarily required. However, if it is determined that the shape in the missing direction is unclear, an amendment order will be issued, so it is basically safe to prepare six-direction drawings (the 2020 revision of the Design Examination Standards clarified the omission of drawings in the case of symmetrical articles, etc.). In Japan, in addition to drawings, photos andCG images can also be submitted. In recent years, there has been an increase in the number of applications in which renderings created with 3D CAD or photographs are used in place of drawings. The Japan Patent Office states that ``as a general rule, it must be expressed in drawings,'' but it also clearly states that ``in addition to drawings (line drawings), computer graphics are also accepted.'' When submitting a photo, it is preferable that the background be a plain color, and please be careful as too much shading will make it difficult to distinguish the details.

Japan's characteristic drawing requirements include how to display partial designs and related designs. When filing an application for a partial design, the part for which protection is sought must be drawn in the drawing with a solid line, and the other parts must be drawn with broken lines, etc., to clearly indicate the ``part for which design registration is sought.'' Furthermore, in the "Articles to the Design" and "Description of the Design" columns of the application form, it should be stated that the broken line area is part of the article to which the design belongs, but is not subject to registration. For example, a statement such as ``The part shown in solid lines is the part for which the design registration is being sought, and the part shown in broken lines is a reference part drawn for explanation purposes.'' In this way, the range of a partial design is specified by combining the line type on the drawing and the description column. Similarly, in the case of transparent glass containers, it is recommended to supplement special features of the design (transparency/mirror surfaces of materials, movable gimmicks, etc.)** with illustrations and text, such as ``illustrating the transparent parts with shading, etc., and writing in the description column that the container is transparent.'' In Japan, there are detailed guidelines on how to draw drawings, and the Japan Patent Office has also published ``Guidelines on how to write applications for design registration, etc.''

Comparison of drawing requirements: Drawing requirements in the UAE and Japan are basically aimed at clearly showing the form of the design from all angles, and the types of drawings required (such as six-sided drawings) are also common. However, there are some differences in detailed practice. First, in Japan, the use of broken lines and description requirements for expressing partial designs are strictly determined, but in the UAE, there are no clear regulations for claiming only parts (however, it is common at international standards to indicate non-claimed parts with broken lines, so the use of broken lines will probably be accepted in UAE applications). Additionally, while Japan has established requirements for omitting drawings (e.g. omitting one side of a symmetrical object), no such relaxations have been confirmed in the UAE. In addition, Japan has been working onimage designandinterior design.There are drawing guidelines that support special cases such as g>. For example, in the case of image design, it is also possible to submit continuous diagrams showing changes in the screen. On the other hand, in the UAE, images themselves are not subject to protection, so there is no need to consider this. In general,Japan's requirements for creating drawings are very detailed and contain a lot of information, while in the UAE, the emphasis is on clearly showing the minimum necessary views. However, international applications require the creation of uniform drawings, so when a Japanese company files a design application to the UAE, it is likely that the application will be accepted and examined without any problems if it prepares detailed drawings that are at the same level as the Japanese application.

7. Protection period (duration and maintenance cost)

Term of protection in the UAE: The duration of a design right (Industrial Design registration) in the UAE is stipulated as 20 years from the filing date. This has been extended with the enforcement of the new law in 2021, and previously it was 10 years from the filing date (the period of protection under the previous law). The new law will apply to designs filed after December 2021, and rights that were previously protected for 10 years can be renewed for up to 20 years. In order to maintain the 20-year protection period, it is necessary to pay the annual pension (annual registration fee) without interruption. Pensions accrue every year starting from the year following the application, and the amount is determined for each year. If you forget to pay your pension for a certain period of time, your registration will be canceled, but you can request reinstatement by making late payments within the legal grace period (the specific grace period is stipulated in the detailed implementation regulations. Generally, it is assumed that you will be reinstated with a six-month grace period and a fine). In the UAE, the right to a design can be terminated by abandonment by the right holder even before the expiration of the term, just as with patents.

Term of protection in Japan: The duration of design rights in Japan has been extended in recent years to 25 years from the filing date. It is applied to applications filed after April 1, 2020, and for applications filed before then, there is a transitional measure of 20 years from the date of establishment registration (pre-amendment system, however, based on the filing date, approximately 20 years + examination period) or 15 years for older applications. After the revision, the period is now 25 years from the filing date, so rights can last for up to 25 years, including the period required for examination and registration. In Japan, design rights, like patent rights, require payment of an annual registration fee. Under the Design Act, registration fees are to be paid annually from the first year, but in practice, the registration fees for the first to third years are paid in one lump sum at the time of registration assessment. After that, from the fourth year onwards, you will have to pay one year in advance every year (you can also pay for multiple years at once). As of 2022, the fees are 8,500 yen each year for 1st to 3rd years and 16,900 yen each year for4th to 20th years (with the revision, the same annual fee is expected to be set for 21st to 25th years as well). If you fail to make the annual payment, your rights will expire, but if it is within half a year, you can make a late payment (double the amount) (Article 43 of the Design Law). Additionally, in Japan, at the time of filing an application, you can request a ``registration to shorten the duration of the right'', which shortens the duration of the right by up to five years (Article 21 of the Design Law). This system is used when it is desired to shorten the term of rights for a design with a short product life cycle, but it has not been used very often in recent years.

Comparison of protection terms: UAE design rights have a 20 year protection period and Japan design rights have a 25 year protection period, which is 5 years longer in Japan. In Japan, the design system was first established for 15 years, but it has been extended to 20 years, and more recently to 25 years, making it one of the longest-running systems in the world. On the other hand, the UAE's life expectancy has doubled from a short 10 years until 2021 to 20 years, reaching the level of major countries. In terms of maintenance costs, both countries have in common that annual maintenance fees must be paid. However, in Japan, you pay in a lump sum for three years at the beginning, and then annually, whereas in the UAE, you pay annually from the first year. In addition, in Japan, the pension amount for the second half of the period is set somewhat higher and is progressive, but in the UAE, the pension amount may also increase depending on the number of years that have passed (the details have not been made public, but since patents are higher in later years, it is assumed that the design is similar). In any case, it is important to maintain and manage your rights, and if you forget your pension, your rights will disappear. If a company acquires design rights in both countries, it must manage the pension deadlines for each country using a system and pay them without fail. Regarding the length of the protection period, in some cases in Japan the protection period is maintained for the full 25 years, but if the lifespan of the product is short, the rights are often waived midway through. In the UAE, the right is 20 years, but in fashion and consumer goods, the right may be waived after about 10 years. It is important to understand the difference between the legal maximum period of 25 years in Japan and 20 years in the UAE, and consider the period of rights maintenance according to your strategy.

8. Infringement litigation (rights enforcement and enforcement)

Infringement litigation in the UAE: In the UAE, design rights arise withregistration and there are no rights to unregistered designs. A design right holder (or registered exclusive licensee) can file acivil action alleging infringement if a third party uses the registered design in a product without permission. Specifically, a design owner or licensee may file a claim in a local civil court seeking aninjunction or damages. Although there is no specialized intellectual property court in the UAE, there are departments that handle intellectual property cases in the civil courts of major emirates such as Dubai and Abu Dhabi. When filing a lawsuit, you are usually represented by a lawyer (local patent attorney and court representative). Under UAE law, design rights holders can claim compensation for damages caused by infringement, as well as seek an injunction to stop infringing acts. If the court finds infringement, it can issue a judgment ordering the seizure or injunctionof the infringing goods or thedisposalof accumulated inventory. The court can also order the seizure or disposal of machinery and equipment used in the infringement, or order the content of the judgment to be published in the Industrial Property Bulletin or newspaper. These are remedies aimed at deterrent effects.

In the UAE, there are no administrative injunction measures (e.g., administrative enforcement by the Patent Office and customs system for injunction against products that infringe on designs). Therefore, there is basically no way to stop the infringement other than by the rights holders themselves suing in court. Furthermore, under the old law, there was no provision for criminal penalties for infringement of design rights, and it was said that criminal prosecution could not be carried out. However, the new law (Federal Law No. 11/2021) introduces criminal penalties for infringement of intellectual property rights. Article 69 of the same law stipulates that "a person who intentionally infringes the rights of inventions, designs, etc. protected by this law" may be sentenced to a fine of 100,000 dirhams to 1 million dirhams, imprisonment, or both. In other words, malicious infringement of design rights can be treated as a criminal offense. However, as this provision has just taken effect, there are not enough cases reported yet where it has been applied.yeah. In the UAE, where the understanding and law enforcement system regarding intellectual property is still maturing, it is rare for rights holders themselves to file criminal charges with the police, and in reality, civil injunctions and claims for damages are the main means of action. That said, it is advantageous for rights holders to be able to suggest the risk of criminal punishment as a means of pressure on infringers, as criminal measures have become legally possible.

Please note that the UAE is a federal state and each emirate has its own jurisdiction, so when filing an infringement lawsuit, it is necessary to choose a court with jurisdiction depending on the location of the infringement and the location of the defendant. For example, if an infringing product is being distributed in Dubai, we will file a lawsuit in Dubai court. Regarding the detention system at customs, trademark rights are registered with customs in each emirate and counterfeit brand products are detained at the border, but the customs registration system is not clear for design rights, making border measures difficult.

Infringement lawsuits in Japan: In Japan, both civil proceedings and criminal proceedings are available as legal measures for infringement of design rights. In civil terms, the design right holder or exclusive licensee (exclusive license holder) may bring suit against the infringer in a local court, seeking an injunction and a claim for damages. The Intellectual Property High Court (Intellectual Property High Court) is located within the Tokyo High Court, but first instances are held in district courts across the country, and the Tokyo District Court and the Osaka District Court in particular have specialized divisions with expertise in intellectual property. These courts are essentially the centers for intellectual property litigation, and many design lawsuits are also filed in Tokyo and Osaka. Even if the alleged infringing product is manufactured and sold in a local area, the Tokyo and Osaka District Courts may have jurisdiction, so many cases in practice are concentrated in these areas.

In civil litigation, the main focus of the claim is an injunction (stopping the infringing act). Right holders can also seek a temporary injunction through a provisional injunction in parallel with the merits litigation. A provisional injunction is a powerful tool that temporarily suspends the manufacture and sale of infringing products before a judgment is made on the merits, and if the infringement is obvious and there is an urgent need, the court may issue it within a few months of filing a lawsuit. A final lawsuit on the merits will result in apermanent injunction (final injunction) and damagesif infringement is found. The amount of damages is estimated under the Design Act (applied mutatis mutandis to Article 105 of the Patent Act, etc.), and is calculated from the profits earned by the infringer and the amount equivalent to the license fee. It generally takes about 10 to 18 months for a civil lawsuit to reach a first judgment. In Japan, even during an infringement lawsuit, the defendant can request an invalidation trial from the Japan Patent Office or assert a defense of invalidity (Article 104-3) within the lawsuit. Even if a request for invalidation trial is filed, the court does not automatically suspend the lawsuit, so it is common for infringement lawsuits and invalidation trials to proceed in parallel. Once the invalidation trial decision becomes final, the design right will be retroactively extinguished, and claims for injunctions and compensation will no longer be accepted.

On the criminal side, Japan's Design Law also has provisions for criminal penalties. Anyone who infringes a design right or exclusive license is subject to punishment of10 years or less or a fine of up to 10 million yen (or both). This is a severe penalty equivalent to patent infringement. However, in order to make it a criminal case, the rights holder (victim) must file a complaint with the police or prosecutors. Infringement of a design right is a complaint offense and will not be prosecuted unless the right holder makes a complaint. However, in socially malicious cases, there is a small provision for ``non-prosecution'' that allows prosecution without filing a complaint. In practice, there are not many cases where a person is immediately arrested for infringement of a design right, but cases such as the manufacture of malicious counterfeit products may be arrested along with a trademark.

As remedies, in addition to injunctions and damages, it is also possible to request credit restoration measures (apology advertisements, etc.) in civil cases. An injunction can be enforced by compulsory execution after the judgment becomes final, and if the injunction is not complied with, indirect coercion (strengthening monetary compensation) can also be used. There is a statute of limitations on the right to claim damages, and the right to claim expires three years after becoming aware of the infringement and damage. It is also possible to request a refund of unjust enrichment, but the statute of limitations expires 10 years after the claim occurred.

Comparison of infringement lawsuits: There are the following differences between the legal systems for infringement of design rights in the UAE and Japan.

• Presence of criminal penalties: Japan has long had criminal penalties, and criminal measures can be taken for malicious violations. In the UAE, criminal penalties have been introduced in a new law, but their effectiveness is unknown, and in practice, civil remedies are the focus, as there were no criminal penalties in the past. For Japanese companies, if a design counterfeit product goes on sale in the UAE, the first step is to consider a civil injunction, and if necessary, consider using the new law's criminal provisions.

• Administrative measures: Although the border enforcement system at customs in Japan is not as extensive as that for trademarks, design rights are also subject to the intellectual property registration system at customs (under the Customs Act, it is possible to request an injunction against the import of goods that infringe on design rights). On the other hand, in the UAE, there is no system in place for customs to issue an injunction based on design rights. Therefore, it is easier for Japan to take administrative measures such as blocking the import of counterfeit products.

• Court Procedures: Japan has a specialized court system headed by the Intellectual Property High Court, and the intellectual property literacy of judges, patent attorneys, and lawyers is also high. The UAE has not yet accumulated many intellectual property lawsuits, and there may be variations in understanding among judges. Therefore, when filing a lawsuit in the UAE, it is important to carefully explain the technical details through a law firm that is familiar with the area.

• Effectiveness of remedies: In Japan, there is a mechanism in place to ensure the performance of injunctions and damages based on judgments (compulsory execution procedures). In the UAE, seizure and destruction are legally ordered, but there is limited information on how strictly this is actually enforced. It is believed that there are many cases where a settlement is reached due to cultural background.

In general, Japan has more diverse options for responding to intellectual property infringements, and is in an environment where it can exert deterrence through both criminal and civil measures. The UAE has also strengthened its system with the enforcement of new laws, but when exercising your rights locally, it is realistic to seek the advice of a trusted representative and focus on civil litigation. In addition, in order for Japanese companies to protect their designs, it is a major prerequisite that they have properly acquired rights in the UAE as well. In the UAE, where rights cannot be exercised without registration, it is too late once a design is made public, so it is important to make plans for filing in each country before expanding overseas.

9. Relationship with international applications (Hague Agreement, etc.)

UAE's international application status: The UAE is currently (July 2025) not a party to theInternational Registration System for Industrial Designs (Hague Agreement). Therefore, it is not possible to designate the UAE using a Hague international application, and to obtain a design right in the UAE, a national application must be filed directly in the UAE. As we are a member of the Paris Convention, it is possible to claim Paris priority and file an application in the UAE within 6 months from the date of the design application in another country such as Japan (the priority period is 6 months for designs, and UAE law also stipulates that ``the period for claiming priority is 6 months from the date of the first application''). However, on the other hand, if you wish to claim priority in another country for a design that was previously filed in the UAE, you must do so within six months. Although the UAE is a member of the GCC (Gulf Cooperation Council), there is no unified design registration system in the GCC region (there is a GCC Patent Office for patents, but each country has jurisdiction over designs). Therefore, in order for Japanese companies to seek design protection in the Middle East region, including the UAE, they must file separate applications for each country.

In recent years, the UAE has been reported to be considering joining the Hague Agreement, as a move to compensate for the inconvenience of not being a member of the international filing agreement. However, as of 2025, this has not yet been achieved. Some neighboring countries (such as Saudi Arabia) are amending their laws in preparation for membership, and there is a possibility that the number of Hague Parties from the Middle East will increase. If the UAE joins the Hague Agreement in the future, it will be possible to designate the UAE in international applications from Japan, which will dramatically improve convenience. Until then, the only option for Japanese companies to obtain design rights in the UAE is direct application through a local agent.

Japan's international application status: Japan joined theHague Agreement (Geneva Act) in 2015 and is actively utilizing the international design system. Applicants located in Japan can file a Hague application with the International Bureau of WIPO and apply for designs in multiple countries at once. It is also possible for foreign applicants to designate Japanin their international registration. In this case, the Japan Patent Office, as the designated country's office, will carry out the examination in the same way as a domestic application. Japan follows the substantive examination system, so even if it is an international application, the examiner will judge the novelty and ease of creation, and if there are reasons for refusal, a Refusal will be notified via the International Bureau. Therefore, even when designating Japan in an international application, care must be taken in advance to ensure that the drawings and claims comply with Japanese examination standards (for example, consistency with the one application, one design principle, partial design indication, etc.). Applicants who receive a notification of refusal from the Japan Patent Office must submit written opinions and amendments to the Japan Patent Office through a designated agent, and take steps to resolve the reasons for refusal.

According to the Hague Agreement, Japan has two routes for international design applications. ① Direct application to Japan (filed to the Japan Patent Office) and ② Application via The Hague (designated in Japan via WIPO). There is no difference in effectiveness between the two, and the design rights obtained are the same. However, if the application is sent via The Hague, maintenance fees (registration fees) must be paid to the International Bureau every five years. Design rights in Japan are not renewed every five years, but are based on a pension payment system, but with international registration, if you pay a renewal fee in five-year increments, you can maintain your design rights for up to 15 years (according to contract provisions; anything beyond that is left to domestic law). In Japan, it can last up to 25 years, so if you repeat renewal payments every 5 years, you will reach 25 years. In this way, although the maintenance fee is paid differently depending on whether the application is filed via an international application or a domestic application, the final term of validity is the same.

Comparison of international applications: Since Japan is a member of the international design system and the UAE is not, this will also impact the global design strategies of Japanese companies. Japanese companies can apply simultaneously to Western, American and Asian countries using the Hague application, but the UAE is not included in this, so they must prepare a separate application for the UAE. For example, if a Japanese company develops a new product design for the Middle East market, it will be required to file a single Hague application with major countries, while filing individual applications with non-member countries such as the UAE and Saudi Arabia, giving priority to the Paris Convention. Although it will be a little more burdensome in terms of cost and effort, the UAE is a hub market in the Middle East and protection is very important.

In addition, the Japan Patent Office examines Hague international registration applications that designate Japan relatively quickly, and in most cases registration or notification of refusal is issued within 3 to 8 months after filing (the order of examination is the same as for domestic applications). If you receive a Japanese reason for refusal, you will need to appoint a Japanese agent and follow the domestic procedures, which is no different from filing a domestic application from the beginning. Therefore, it is important to formulate a strategy that weighs the benefits of international filing, such as the integrated management of multiple countries, against the hassle of handling examinations unique to Japan.

While we are looking forward to the UAE joining the Hague in the future, currently we have no choice but to thoroughly apply early application via the Paris route. In particular, if you file a UAE application after publishing a design application in Japan, the novelty will be lost if you miss the 6-month priority period (the grace period does not apply to WIPO publication), so it is necessary to control the timing of the application with an eye to overseas expansion. For example, an effective strategy would be to use thesecret design system to delay publication for up to three years when filing a design registration application in Japan, and then complete the application overseas, including in the UAE, during that time.

For each of the above points, we will conclude with a comparison table between the UAE and Japan's design systems.

Comparison table of design systems in UAE and Japan

Perspective	UAE (United Arab Emirates)	Japan
Registration requirements	・Novelty: Absolute novelty is required. Industrial applicability: Must be a design for an industrial product or handicraft. Aesthetics (decoration): Must have visual beauty as well as functionality. Public order and morals: Must not harm public order or public health. One application, one design (with exceptions): One design per application. However, multiple designs within the same classification can be included in one case	・Novelty: Absolute novelty (unknown in the world)・Difficulty in creation: Cannot be easily devised from existing designs・Industrial applicability: As an article, building, or image What can be mass produced, etc. - Public order and morals, etc.: Do not harm public order and morals, do not cause confusion with other people's products, and do not have a pure functional form.
Application procedure	・Competent authority: Electronic application to Ministry of Economy/Patent Office (ICPR)・Local agent: Foreign companies apply via UAE agent・Submitted documents: Application form, 2 copies of drawings x each view, priority document (within 90 days), power of attorney/deed of assignment (notarization only, within 90 days)・Examination method: Formality examination + substantive examination (examines novelty, public order and morals, etc.)・Publication/Registration: Publication in the official gazette after the examination is approved, no opposition system (registered after 90 days)・Period: Registration in standard 1 year (about 2 years at the longest)・Cost: Application fee 1000 to 2000 AED, publication fee, etc. Pension is paid for the first year at the time of registration. Pension required every year thereafter	・Competent authority: Japan Patent Office (JPO)・Agent: Foreign companies must delegate to a patent attorney ・Submitted documents: Application (applicant/creator information, product name, etc.) + drawings (or photographs, etc.), priority certificate (within March) )・Examination method: Formal examination + substantive examination (strict examination of novelty, originality, etc.)・Registration procedure: After the registration assessment, register by paying the registration fee for 1 to 3 years (8,500 yen x 3 years). No opposition system (invalidation trial only) - Period: Registration takes an average of 8 to 12 months - Fees: Application fee 16,000 yen, registration fee 8,500 yen/year (later 16,900 yen), annual registration fee paid annually or in bulk for several years
Protected object	・Goods design: Appearance such as shape, pattern, color, etc. of industrial products and handicrafts・Partial design: No regulations (parts can be claimed depending on the drawing)・Architecture rong>: Not applicable (because it is not an industrial product)・Image: Not applicable (images not attached to the product are not included)・Unregistered: Violating public order and morals, government emblems, purely functional shapes, etc. are not allowed	・Goods design: Shape, pattern, color (including parts) of the article・Building: Applies to the exterior and interior of buildings・Image: Also applies to image designs such as operation screens・Partial design: Only part of the design can be patented (indicated by broken lines, etc.)・Unregistered: Violation of public order and morals, confusion with other people's products, shapes that are only for functional beauty, etc. are prohibited
Exception for loss of novelty (Grace period)	・Period: Within 12 months after publication・Target publication: Only publication from the designer or his/her information source・Condition: Within 12 months after publication Application in the UAE (not applicable for foreign applications only) - Exclusion: Publication in patent offices of other countries or WIPO gazette is not applicable - Procedure: Not specified by law (in practice, declaration at the time of filing is recommended)	・Period: Within 12 months after publication (extended from 6 to 12 months with the 2018 revision)・Target publication: Publication by or against the will of the applicant・Condition: Within one year after publication Application in Japan (regardless of whether there is a priority right or not)・Exclusion: Public publications such as patents and design gazettes are not applicable・Procedure: Request for exception application at the time of application + proof documents must be submitted within 30 days
Reduction system (Fees reduction)	・Discount for small applicants: For individuals, UAE small and medium-sized enterprises, and UAE universities, the official fee is approximately half priceExample: Design application fee 1000AED (regular corporate 2000AED)・Scope of application: Limited to small and medium-sized enterprises residing in the UAE (regular fee for foreign companies)・Pension: Pensions are also set at different rates for the above categories (annual amount, not flat rate)	・Small and medium-sized enterprises, etc. exemption/exemption: Started in 2019. Examination request fees and registration fees are reduced to 1/2 or 2/3 for small and medium-sized businesses, startups, universities, etc. Scope of application: Companies that meet certain size requirements, both in Japan and overseas Procedures: Apply for reduction or exemption at the time of application (no certificates required, just declare) Other: There is also a subsidy system for overseas application costs by the Japan Patent Office and local governments
Drawing requirements	・Submitted drawings: Normally two copies each of 6 views (front, back, side, etc.) should be submitted・Form of expression: Line drawings or photographs. Clearness is required・Partial display: No regulations (Is the concept of solid lines/dashed lines allowed in the guidelines?)・Implementation rules: There are detailed formal rules for drawings (tolerance lines, shading, etc.)・Caution: Information in the drawing that exceeds the published content is prohibited (disclosure discrepancies are prohibited)	・Submitted drawing: In principle, a six-sided drawing (parts can be omitted if necessary)・Expression format: Line drawings are recommended, but CG images and photographs are also acceptable・Partial display: Partial designs are distinguished by solid lines and broken lines・Requirements: Include features that cannot be illustrated and explanations of broken line parts in the application form・Guidelines: The Japan Patent Office publishes detailed standards for drawing drawings
Protection period	・Duration: 20 years from the filing date (from December 2021) (*10 years under the old law)・Pension: Paid annually (amount set each year, right expires in case of non-payment)・Extension: No extension after expiry of the period	・Duration: 25 years from the application date (from April 2020) (*Old system: 20 years from the registration date)・Pension: Paid annually (yearly after the 1st to 3rd year lump sum)・Extension: Shortened registration is possible (no extension system)
Infringement lawsuit (Enforcement of rights)	・Enforcement agency: Civil litigation (civil court in each emirate)・Injunction/compensation: Right holder requests an injunction or compensation for damages・Relief: Seizure/disposal of infringing goods, compensation for damages, seizure of equipment, judgment publication order, etc.・Administrative: No administrative injunction measures (customs injunction is only for trademarks)・Criminal: Introduced by new law. Willful infringement will result in a fine of 100,000 AED to 1 million AED or imprisonment (applicable cases have not been established)	・Enforcement agency: Civil litigation (intellectual property specialized divisions of Tokyo and Osaka district courts, etc.) and criminal proceedings・Injunction/Compensation: Right to request injunction (provisional disposition possible), damages amount calculated based on sales and license fees, Relief ong>: Injunction, compensation for damages, credit restoration measures, request for disposal of infringing materials, etc. ・Administrative: Import injunction application system by customs exists ・Criminal: Criminal penalty of up to 10 years' imprisonment or a fine of up to 10 million yen (filed by a complaint by the right holder)
International application (Hague Agreement, etc.)	・Hague accession: Not a member (as of 2025)・Specification not possible: UAE designation is not possible in international design applications・Priority: Paris Convention applies for 6 months. Direct UAE application required within 6 months of foreign application ・Regional: No GCC design system. Application required by country	・Hague accession: Already joined (since 2015)・Designation possible: Japan can be designated in international applications. The Hague can also be used from Japan to other countries ・Examination: Even in the case of an international application designation, the Japan Patent Office can substantively examine it and issue a notice of refusal ・Maintenance: Rights via The Hague are subject to a renewal fee to WIPO every 5 years, and domestic rights are paid an annual pension

Source: This report was compiled with reference to documents published by the Patent Office, the contents of the UAE Federal Law No. 11/2021 and its Implementing Regulations, UK government guidance, and explanations by intellectual property firms in each country. From the above comparison, although the UAE's design system has been developed to a level similar to Japan's due to recent legal reforms, there are differences with Japan in terms of the lack of support for international applications and the level of operational maturity. When Japanese companies expand their designs overseas, it is important to strategically acquire and utilize rights, taking into account the differences in these systems.

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　Managing Patent Attorney

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).

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