UAE Copyright Law Analysis - Assignment Example

U.A.E Copyright Law

Part A: Labor Law

Illegal Clauses

Probation Period

The employee shall work under probation for a period of 6 months’ calculated as from the third month of employment. During the probation period, either party may terminate the employment by giving one months’ notice. The employee shall not be entitled to paid leave during the probation period. Once completed, the period of probation shall not be included as part of regular employment.

Work Hours

The employee shall work from 9h00 until 17h00 Sunday to Thursday. The employee shall not be entitled to any breaks during work hours.

Holiday Leave

The employee shall be entitled to holiday leave after 9 months of employment as follows:

(i) In the first year of employment: 1 day per month, with half pay

(ii) From the 2nd year of employment: 21 days per annum, with full pay

Sick Leave

After 4 months of regular employment and subject to medical recommendation, the employee shall be entitled to 40 days of sick leave per annum, as follows:

(i) 10 days with full pay

(ii) A further 10 days with half pay

(iii) The last 20 days without pay

The Employer may terminate the Employee’s contract during the final 20 days of sick leave.

Maternity Leave

The employee shall be entitled to maternity leave as follows:

a. During the 1st year of employment: 20 days without pay

b. During the 2nd year of employment: 30 days with half pay

The employee may not extend her maternity leave.

Official Holidays

The employee shall be entitled to all UAE official holidays with half pay. An official holiday which falls within the employee’s annual leave shall be calculated as part of the annual leave.

Haj Leave

The employee shall be entitled to a maximum of 15 days unpaid Haj leave once during her employment, which leave shall be included in the calculation of the employee’s holiday leave.

Analysis of the Clauses

• Job Title and Duties

The contract clearly stipulates the job requirements for the worker. From the contract, the worker can tell what they will be required to do. The various job descriptions are clearly outlined in the duties schedule. For this reason, the contract complies with the current laws.

• Contract Term

A limited term contract shall be no more than 4 years. However, the contract provided allows a limited renewable period of 5 years. This provision is contrary to the provisions of the UAE labor law.

• Probation Period

The probation period starts at the commencement of employment. However, the contract provides for a probation period starting three months after the start of the job. The provision of the contract is erroneous and in contravention to the provisions of the UAE labor laws.

• Basic Salary

The job description allows for a basis pay payable every last day of the month. This provision is in line with the requirements of the law to at least pay once a month.

• Allowances

The job allows for accommodation, education, subsistence, and air travel allowances. These allowances are permitted in law and the contract complies with these requirements.

• Work Hours

The contract recommends a continuous work period for 8 hours without any breaks. Technically, that is not possible as employees must have at least lunch breaks. The fact that the contract stipulates for a continuous work time without breaks is illegal. Therefore, the clause is contrary to the UAE labor laws. Though not openly stipulated under law, standard practice demands that the employer allows the employee some break for meals and to respond to calls of nature.

• Holiday Leave

The contract allows only a leave of one day per year after nine months and 21 days per year after the second year of employment. However, the law provides for 2 days and at least 30 days after the second year of employment. The contract is erroneous and inconsistent with the law.

• Sick Leave

The law provides for sick leave after the first 3 months of regular employment. Such a leave may extend for 90 days. However, the contract provides for 40 days sick leave commencing after four months of employment. On the basis of this provision, the contract contravenes the law.

• Maternity Leave

The law permits a woman to take a maternity leave of 4 days taken before or after the delivery. During the leave, the employee takes home half the pay. However, the contract allows only 20 days during first year and 30 days the second year. During the first year, the employee gets no pay and during the second year, the employee gets half the pay. The provisions of the contract are misleading in this case, thus making the contract illegal.

• Official Holidays

The law provides for leave on all official days with full pay, however, the contract provides for leave with half pay. On the basis of this provision, the contract is inconsistent with the law.

• Haj Leave

The law provides for Haj leave for less than 30 days. Such leave days cannot be computed into the annual leave days. However, the contract stipulates that the leave days will be part of the annual leave. This provision is wrong and contravenes the law.

• Overtime Hours and Pay

The contract provides for overtime of not more than 2 hours. Overtime is also pegged at 25% of the employee’s hourly rates. If the overtime is between 9pm and 4am, the overtime is pegged at 50% of the employee’s hourly rate. Besides, no employee can work for more than two Fridays in a row. However, the contract permits the employee to engage in overtime for 3 hours. In addition, the contract pegs the rates at 10% in the off-peak hours and 25% for the peak hours of 9m to 4 am. The rate are pegged at the hourly rates of the employee. Besides, the contract permits the employee to work for two Fridays in a row. The contract contravenes the law in this respect.

• Termination of the Contract for Justified Cause

The law provides for a set of conditions under which a contract for employment can be terminated. The contract clearly spells out some of these conditions. However, the provision that the employer can terminate the contract if an employee is caught intoxicated after work is misleading. The law allows for the termination of the contract if the employee is caught intoxicated during work hours. Thus, this provision is wrong and contravenes the law.

• End of Service Gratuity

Some of the provisions on gratuity contravene the law. The law provides for 21days’ wages of each year for the first five years. On the other hand, the contract provides for gratuity for 20 days of each year for the first five years. Each additional year after the five years provides a gratuity of 30 days. The contract places this figure at 25 days of each additional year after the fifth year. In addition, the contract states that the total gratuity cannot exceed a year’s total wages while the law provides that the gratuity cannot exceed two years wages. In addition, the contract provides that the gratuity is calculated on the basis of the first basic salary while the law provides that the gratuity is calculated based on the last basic salary.

Part B: UAE Trademark Law

• What is trademark infringement in terms of UAE trademark law?

Trademark infringement involves the forging or imitating another person’s work, using a registered trademark of another person or placing it illegally with bad intention on the products. The practice also involves the use of similar or identical trademark or using the trademarks name in a manner that is likely to confuse the public.

• Whether the above logo constitutes trademark infringement in terms of UAE trademark law.

The name in the image does not correspond to any other registered trademark. In the absence of a registered logo, the image presented in the picture will be deemed as a copyright infringement on its own. However, the logo resembles that of McDonalds. The public may be misguided that the outlet perhaps belongs to McDonalds or a franchise. The ability to confuse members of the public as to the business name amounts to copyright infringement in the UAE. Therefore, the symbol is a copyright infringement.

• What are the criminal penalties for trademark infringement in terms of UAE trademark law?

The criminal sanctions for infringement include imprisonment and by a fine not less than AED 5000. Repeat offenders may risk closure of business from 15 days to 6 months.

• Explain the civil penalties for trademark infringement in terms of UAE trademark law.

The civil penalties for copyright infringement include the confiscation and destruction of the counterfeit goods, destruction of the machines used to create the goods, and damages. The destruction or confiscation of the counterfeit goods aims at removing the goods from circulation to avoid misleading the public. The damages are meant for the affected companies whose reputation was harmed.

• Discuss two negative consequences that trademark infringement may have on:
  • Trademark owners
    • • The trademark owners may suffer a poor reputation. The counterfeiting companies may produce goods of poor quality which may dupe the public into thinking that the company’s production levels have gone down.
      • The owners may lose business and the trust of the stakeholders on the guise of poor business. As a result, the company will make huge losses.
  • Consumers
    • • The consumers will direct their business to the wrong owners in the mistaken belief that they are buying or dealing with the same company.
      • The consumers may suffer ill health by buying defective goods in the mistaken belief that the goods originated from the reputable company.
• Discuss two recommendations that will lead to the reduction in the number of counterfeit goods being sold in UAE.
• Tougher laws on counterfeits.

Parties found to be contravening the established rules should be fined heavily or imprisoned for longer periods of time. The measure will be deterrent to those thinking of contravening the rules.

• Conducting trademarks audit.

The government can create a digital database for all the registered businesses in the state. Any new businesses that are registered at the national or local levels will also be added to the database. Upon request for new registrations, the registrar must them scan the system to ensure that there is no business with a similar name or logo that may confuse the public. This way, the country will avoid instances of double registrations and higher levels of familiarity in business names.