What is the legal framework governing intellectual property rights in the United Arab Emirates?

1.1. Project Background
Intellectual Property has a contributed significantly to the rapid development of the United Arab Emirates (UAE) as one of the strongest economies within the Co-operation Council for the Arab States of the Gulf (GCC). Intellectual Property (IP) is conceptualized as the original creation stemming from human intellect such as scientific creations, literary works, technical innovations, or artistic works. On the other hand, Intellectual Property Rights (IPR) refer to the legal rights arising from intellectual property. Stated differently, these are the legal rights that are given and protected by the law to an inventor or innovator, thus providing them with exclusive rights to fully utilize their creation. In the alternative, IPR grant the creator’s assignee exclusive rights, subject to the terms of the assignment, to utilize the invention. They include patents, industrial designs, trademarks, and copyrights.
Intellectual property rights offer protection to the interests of the inventor in the sense that they are ius prohibendi rights. Several scholars agree that the conferment of IPR has several advantages. From the perspective of the licensor, IPRs ensure the creation of new markets, promote the level of competition in the economy, and create an avenue for the generation of revenue. A steady legal framework governing IP also promotes the level of invention in the economy. From the perspective of the IPR owner, protection ensures that the intangible asset is protected from unauthorized intervention or utilization, and that there is return on their research and development.
The UAE has an elaborate legal framework governing IP, deriving from both international conventions and legislations. Internationally, the UAE is a member of the Berne Convention for the Protection Literary and Artistic Work (“the Berne Convention”), Paris Convention for the Protection Industrial Property (“the Paris Agreement”), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Intellectual Property Organization (WIPO) Copyright Treaty, Patent Cooperation Treaty (PCT), and World Intellectual Property Organization (WIPO) Convention. Locally, the UAE has enacted Federal Law No. 7 of 2002, Federal Law No. 37 of 1992 and Federal Law 17 of 2002 to govern copyrights, patents and industrial designs, and trademarks respectively. The purpose of the research project is to determine the extent, to which this elaborates legal framework conclusively protects IP rights of creators within the UAE. Specifically, the legal framework is compared to that of Common Law jurisdictions.
1.2. Research Questions
This project is guided by the research question: What is the difference in Intellectual Property and Art Laws between the United Arab Emirates (UAE) and Common Law Jurisdictions? To answer this research question, the following research questions will guide the research:
1. What is the legal framework governing intellectual property rights in the United Arab Emirates?
2. What is the nature of intellectual property rights within common law jurisdictions?
3. What are the differences in intellectual property rights protection between the United Arab Emirates and common law jurisdictions?
4. What are the similarities in intellectual property rights protection between the United Arab Emirates and common law jurisdictions?

1.3. Research Methodology
The project utilizes the exploratory research design. Exploratory research designs focus on acquainting with the qualities surrounding the target of the research. The aim of the researcher is to increase their insight concerning the aspect under investigation. In this regard, the use of the exploratory research design is to develop an insight into the differences and similarities between IP and Arts Laws in the UAE and in Common Law Jurisdictions.
Selltiz and colleagues state that one of the ways of effecting exploratory research design is through the review of existing literature. In fidelity to this point, the paper takes a Black Letter Law approach whereby legal principles surrounding intellectual property law both in the United Arab Emirates and Common Law jurisdictions is analyzed. This approach enables the researcher to analyze, from a critical point of view, meaning, application, and implications of the rules and principles underpinning the legal provisions under research. However, a comparative approach to the analysis is taken such that the analysis contradistinguishes between the legal provisions in the UAE and Common Law jurisdictions.
This research utilizes both primary and secondary literature. The primary sources of literature include statutory provisions and international conventions on Intellectual Property Law acceded to or ratified by the United Arab Emirates. Cases providing the rules and principles, particularly for the common law Jurisdictions are equally utilized as primary sources. On the other hand, secondary sources of literature include books, journal articles and commentaries on intellectual property law in the UAE and in common law jurisdictions.
1.4. Theoretical Framework
Several theories may be applied in justifying the need to protect IPR of creators. Notably, this research prefers the Labor Theory and the Personhood Theory.
1.4.1. The Labor Theory
The labor theory was developed by John Locke in his rationalization for the existence of property rights. John Locke’s justification for property rights is premised on two pillars; the labor theory of value and mixing labor. The mixing labor premise refers to productive activities employed by people. According to Locke, a person’s labor and the work of their hands is the person’s property. Locke noted that when a person removes something from what exists in nature and mixes it with their labor to produce such other thing, that thing is their property. Essentially, it was Locke’s assertion that the person earns the right to exclude others from having a common right in that product of their labor. The second premise of Locke’s theory is value. According to Locke, productive labor must create some form of value in the sense that the product must be useful for sustaining the producer and others. The argument in the context of IP rights is that through the moral activity of productive labor, the laborer has a moral prerogative to the results of labor. This encompasses both tangible and intangible products. Stated differently, the product of a person’s intelligence ought to belong to them only, as the product would not exist save for the application of such intelligence.
Taking into account Locke’s theory, it becomes evident that a person has every right, to the exclusion of others, of their creation where they apply productive labor. It is imperative to recognize the value of the social contract theory when applying the labor theory to the need for the protection of IP rights. Specifically, the social contract theory contends that, inter alia, the people conclude a social contract in which they formed the government to protect and enforce their rights. It, therefore, follows that if a person has the right to their intellectual property through the lens of the labor theory, those rights must be protected and enforced by the government.
1.4.2. The Personhood Theory
The personhood theory, also referred to as the personality theory, has its roots in the works of Immanuel Kant and Georg Wilhelm Friedrich Hegel. This theory asserts that “a property right in a creation must be granted before a creator can be fully in control of their spirit and personality.” In other words, for a person to fully develop into their personhood, they must have exclusive control of specific resources. Through the exercise of this control, the person has property rights. In this regard, the personality of an individual is linked to their property rights. Stated differently, this theory contends that a person cannot develop full autonomy or sovereignty if they do not have dominion over their property.
It is worth noting that this theory and its validation for the protection of IPR is strongest where the thing created by the person’s intellect is closely linked or intertwined with their personality. Nonetheless, given that the protection of a person’s intellectual property gives full effect to the development of the individual, it is imperative for the government to implement laws that give full effect to IP rights protection.