Analytical Study of United Arab Emirates Copyright Federal Law No. 7, 2002

2018 ◽  
Vol 32 (3) ◽  
pp. 281-297
Author(s):  
Fayez Al Nusair ◽  
Firas Massadeh
Keyword(s):  
Intellectual Property ◽  
United Arab Emirates ◽  
Analytical Study ◽  
Legal Framework ◽  
Federal Law ◽  
Economic Rights ◽  
Economic Justification ◽  
Comprehensive Examination ◽  
International Conventions ◽  
Neighbouring Rights

Abstract This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of relevant international conventions. The law revoked Federal Law No. 40, 1992 regarding intellectual property copyright. The nature of copyright and its economic justification, the scope of its protection in the United Arab Emirates’ legal framework, the concepts of originality and creativity, and the author’s moral and economic rights are scrutinized in comparison with the provisions of related international intellectual property treaties and conventions (i.e. the TRIPS Agreement and the Berne Convention for the Protection of Literary and Artistic Works 1886, last revised in Paris, 24 July 1971).

scholarly journals Nuclear Newcomer Countries—The Path of the United Arab Emirates

Nuclear Law ◽  
2022 ◽  
pp. 299-318
Author(s):  
Hamad AlKaabi
Keyword(s):  
United Arab Emirates ◽  
Nuclear Power ◽  
Legal Framework ◽  
Radiation Sources ◽  
Nuclear Policy ◽  
Financial Investments ◽  
High Level ◽  
International Conventions ◽  
Nuclear Power Programme

AbstractEmbarking on nuclear power requires high-level political decisions and commitments, considerable planning efforts, financial investments and commercial considerations, long-term sustainability for safety; as well as international and legal framework for a nuclear power programme. There are numerous challenges surrounding government decisions to introduce nuclear power into the energy mix of a country. This chapter highlights the United Arab Emirates’ (UAE) experience and accomplishments in the development and regulation of its nuclear power programme. In particular, it focuses on the milestones of the UAE path, which might be of interest to nuclear newcomer countries and to a broader international community. This chapter outlines the development of the UAE comprehensive national nuclear law and regulatory framework, which started with the so-called “nuclear policy”. It also includes an overview of a strategy that was developed and set the early path for the UAE peaceful nuclear programme, including timelines for specific targets. The international conventions and UAE’s nuclear cooperation agreements, as well as the cooperation with the IAEA are also mentioned. Particular attention has been paid to the role of the UAE nuclear regulator and its mandate and the development of the UAE regulations and regulatory guides. The licensing of the nuclear power programme, as well as the licensing of other activities and practices involving radiation sources have been also described in the publication. In conclusion, the publication shares some lessons the UAE learnt and on which it will base its efforts towards the continuous enhancement of its legal framework.

The Role of Intellectual Property Laws in Creating a Favourable Environment for Investment

2020 ◽  
Vol 34 (4) ◽  
pp. 428-439
Author(s):  
Firas Abdel-Mahdi Massadeh ◽  
Tariq Abdel Rahman Kameel
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
United Arab Emirates ◽  
Intellectual Property Rights ◽  
Direct Investment ◽  
Legal Framework ◽  
The Political ◽  
Favourable Environment

Abstract This article analyses the role of intellectual property laws in fostering domestic and foreign investment in the United Arab Emirates (UAE). As a signatory to all the major international agreements on intellectual property rights, such as the World Intellectual Property Organisation, the UAE has established legislative protection of intellectual property rights to create a favourable environment for investment. This study has two main aims. First, it analyses whether the approach taken by UAE legislators provides assurance for intellectual property holders and their related investments. Second, it reviews whether this approach indicates if the UAE has the political and legal will to provide incentives for investors. The study found that the UAE’s intellectual property laws are equitable, accurate, and capable of drawing the attention of foreign direct investment. With such a competent legal framework, the UAE demonstrates it has the required political and legal will to foster foreign direct investment.

The Emergence and Development of Intellectual Property Law in the Middle East

2017 ◽  
Author(s):  
Michael Birnhack ◽  
Amir Khoury
Keyword(s):  
Intellectual Property ◽  
Middle East ◽  
United Arab Emirates ◽  
Legal Framework ◽  
International Standards ◽  
Palestinian Authority ◽  
Historical Sources ◽  
Global Standards ◽  
Local Law ◽  
Ip Law

The Eurocentric term “Middle East” captures the historical sources and emergence of intellectual property (IP) in this region. Early colonial influences had a long-lasting effect. In the mid-1990s the global replaced the colonial, imposing new demands. Both the colonial and globalized IP frameworks have allowed only a narrow leeway for the expression of local interests. This chapter explores the emergence and development of IP law in the Middle East as a case of a western legal transplant, and focuses on Egypt, Israel, the Palestinian Authority, Jordan, Saudi Arabia, and the United Arab Emirates. Instead of a technocratic doctrinal approach that compares local law to international standards and asks about “compliance,” it advocates a richer evaluation. In assessing IP laws against global standards, it suggests contextualizing the local law within the country’s larger legal framework to take into consideration its political economy, local and global politics, and unique cultural needs.

scholarly journals Corporate governance and organized crimes: Comparative analytical study of the legislative role

2021 ◽  
Vol 10 (3) ◽  
pp. 18-29
Author(s):  
Tayil Mahmoud Shiyab ◽  
Mohammad Amin Alkrisheh ◽  
Alaa Y. Darawsheh
Keyword(s):  
Human Trafficking ◽  
United Arab Emirates ◽  
Money Laundering ◽  
Organized Crime ◽  
Analytical Study ◽  
Comparative Approach ◽  
Narcotic Drug ◽  
Political Implications ◽  
Legal Texts ◽  
International Conventions

This research aims to study the organized crime, its characteristics, and the legislative role in combating it. Due to its reception of many refugees from Syria, Iraq, Yemen, and Libya, the United Arab Emirates (UAE) and Jordan witnessed a widespread of numerous forms of organized crimes such as drug crimes, money laundering, and human trafficking. The authors seek to clarify how Emirati and Jordanian lawmakers dealt with such crime, and whether their legal texts were sufficient and consistent with international conventions. An analytical and comparative approach was the methodology utilized to conduct the study. The authors tackled this research through, the demonstration of the concept of organized crime in the international conventions and national legislation and the viewpoints of Jurisprudence in this regard. Organized crime is described as a threat to national security and as a crime that has dire political implications at the national and international levels (Campbell, 2014). The research has focused on the laws concerning common organized crimes such as narcotic drug trafficking, human trafficking, and money laundering. This research highlighted the efforts exerted by legislators in both countries to combat organized crimes. The findings indicate that both countries enforced specific laws and regulations to stop such crimes

Official discipline of civil servants: legal framework

2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Framework ◽  
The State ◽  
Legal Issues ◽  
Civil Servants ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.

scholarly journals Influenza Mandates and Religious Accommodation: Avoiding Legal Pitfalls

2018 ◽  
Vol 46 (3) ◽  
pp. 756-762
Author(s):  
Dorit Rubinstein Reiss ◽  
V.B. Dubal
Keyword(s):  
Health Care ◽  
Civil Rights ◽  
Health Care Workers ◽  
Professional Associations ◽  
Legal Framework ◽  
Religious Discrimination ◽  
Federal Law ◽  
Health Care Institutions ◽  
Care Workers ◽  
Religious Accommodation

Influenza mandates in health care institutions are recommended by professional associations as an effective way to prevent the contraction of influenza by patients from health care workers. Health care institutions with such mandates must operate within civil rights frameworks. A recent set of cases against health care institutions with influenza mandates reveals the liabilities posed by federal law that protects employees from religious discrimination. This article examines this legal framework and draws important lessons from this litigation for health care institutions. We argue counterintuitively that providing religious exemptions from influenza mandates may expose health care institutions to more liability than not providing a formal exemption.

scholarly journals HAK CIPTA SEBAGAI SUATU OBJEK JAMINAN FIDUSIA

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Luh Inggita Dharmapatni
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Value ◽  
Economic Rights ◽  
Exclusive Right

Copyright is the exclusive right of the creator that arise automatically based on the principle of declarative after an invention is embodied in a tangible form without prejudice to the restrictions in accordance with the provisions of the legislation. Copyright can be used as the object of fiduciary cause it has an economic value. Creditors are willing to give the debt to the debtor, if debtor can provide wealth to ensure smooth payment of debts. The object of fiduciary is not controlled by the creditor, but remains dominated by the debtor. There is no physical delivery of goods, only the economic rights of copyright can be transferred. Copyright may be encumbered by fiduciary guarantee provided that the encumbrance be put not over the copyrighted work, but on its economic value. In order to be secured under fiduciary claim, copyright must be registered with the Cirectorate General of Intellectual Property Rights

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

PROTECTION OF ELDERLY PARENTS IN BANGLADESH: AN EVALUATION OF RELEVANT GUIDELINES

2021 ◽  
Vol 29 ((S2)) ◽  
pp. 221-248
Author(s):  
Mst. Rezwana Karim
Keyword(s):  
Legal Framework ◽  
Moral Values ◽  
Young Generation ◽  
Sources Of Information ◽  
Elderly Parents ◽  
Secondary Sources ◽  
Early Implementation ◽  
Muslim Majority ◽  
International Conventions

This study aims to evaluate the provisions concerning the protection of elderly parents in the international and national legal framework and also in major religious scriptures in the context of Bangladesh. Based on the secondary sources of information, the study has observed that in spite of ample provisions, parents are not fully protected from abuse. Besides international conventions, the Parents’ Maintenance Act (PMA) 2013 and Islamic principles concerning parents are the key sources providing sufficient guidance for the protection of elderly parents in the Muslim majority Bangladesh. Although there are provisions of punishment for failing to provide parents’ maintenance in the existing law, very little improvement is observed concerning their maintenance. This study suggests the incorporation of the provision to enforce children to return the property of their parent, in the event they failed or declined to take care of their elderly parents. The study has emphasized the need to increase awareness pertaining to maintenance and related laws amongst citizens through mass campaigns. The further initiative should be undertaken to ignite the young generation with religious and moral values. Early implementation of the PMA’s draft rule is suggested for the assurance of parent’s maintenance in Bangladesh. 

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