Advertisements affecting the image of a brand
This article is based on the premise that a company circulated a picture/image of four major car brands operating in the UAE depicting one brand as inferior to the other brand in an image/picture reflecting their brand incompetency in the market. The said advertising is accessible online/publication in the UAE, therefore the laws of UAE apply.
Question of Laws
- Does such advertisement violate any specific Laws in the UAE?
In the UAE, brand tarnishing is a form of unfair competition and is punishable under the following laws.
- The UAE Federal Law no.18 of 1993 on Commercial Transactions Law, Section 3, Art 66 details about (Unfair Competition) intentional damage to the reputation of a brand or business, they can face penalties under the law.
- The Federal law no.37 of 1992 on Trademarks (the “trademarks Law”) provides the legal framework for protecting trademarks by prohibiting a party from unlawful use of another party’s trademark and preventing unfair competition.
- Federal Law no.4 of 2012 governs competition law principles for organizations in the UAE and includes provisions related to fair trade practices. The law prohibits any act or practice that is considered to be in violation of fair-trade principles anti-competitive behavior.
- The National Media council is authorized under the advertisement standards to apply various penalties for non-compliant advertisement. Such penalties may not be isolated from any other penalties detailed under Federal law no. 15 “On Publishing House” of 1980 regarding printed matters and publications.
- The UAE Law no.5 of 2012, Article 29 of the Cybercrime Law criminalizes the act of intentionally damaging the reputation of a natural or legal person through the use of information technology and shall be punished by imprisonment and a fine.
- What is the remedy available to the aggrieved brand?
- Violation of advertising activities may result in administrative, civil, and criminal liability. The supervisory authority may decide to impose sanctions on the advertiser in the form of a fine, removal or blocking of the advertisement, suspension, and revocation of the license. Trademark law & competition law violation can result in significant penalties, including fines and/or imprisonment.
|Al Bahar Associates & Legal consultants ( “ the Firm”) can support the affected brands|
|The affected brand can approach through the Firm to file a case based on all the regulatory laws above. The Firm can help you approach a dedicated authority in the UAE, the Federal Competition and Consumer Protection Authority (FCCPA) for violations claims.The Firm also specializes in providing consultation and litigation support in the area of unfair competition by traders, handling intellectual property violations for content, ideas, logo trade names, brand identification, manufacturing processes, trade secrets, music, art- all of the key business assets. Feel free to get in touch with our team to avail our legal services on firstname.lastname@example.org or by phone on +97124410825 to discuss further.|