The GCC states and the UAE in particular have invested significantly in recent years in developing an innovation-based economy. And recognised the need of protect the fruits of such innovation, including intellectual property rights (IPR).

Although great strides have been made, the GCC is competing with more mature markets with a rigorous infrastructure well-tested by time such as the US and the European Union EU.

Traditional intellectual property is uniquely territorial in nature, which is the challenge IPR global brand owners face when trying to protect their IP assets across borders. They have to do so on a country-by-country basis.

Accordingly, any country trying to compete on the world stage must ensure that the infrastructure for protecting IPR within its borders meets the highest possible standards and instils the business confidence required for investment and growth.

The UAE is notable for its “first to innovate” mentality and its iconic landmarks, and it is as important to protect its own brands as to encourage foreign brands to flourish. Whether protecting ideas, products or processes, there are steps the nation can take to enhance its infrastructure to promote and protect innovation.

Harmonisation and closer integration of IPR protection practices within the GCC and beyond could greatly boost the countries’ competitiveness in terms of IP standards. This would be in line with regimes such as the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995, which aims to establish a worldwide harmonisation of IP protection and align the national IP laws of member countries of the World Trade Organisation (WTO) to a common standard.

The groundwork has begun. In the GCC, whose countries are all members of the WTO, the laws governing IPR have been amended in line with the TRIPS requirements.

Similarly, all countries are now members of the Patent Cooperation Treaty (PCT), enabling a patent owner to file in one country and claim prior rights in another. There is a GCC Trademark Law, a GCC Customs Law and a GCC Patent Office already in place, and there is cooperation with regard to fees for patent and trademark applications. However, there is some way to go to improve cohesion and increase effectiveness.

For example, only the UAE and Saudi Arabia have electronic trademark and patent filing systems, despite efforts being made to modernise IP practices in the age of digitalisation. Only the UAE has an International Centre for Patent Registration.

Patent and trademark registration fees in the GCC are among the highest in the world. Design searches cannot be carried out in the MENA region, and there is no legislation protecting trade secrets.

A unified GCC court for IP disputes, based on the EU regime, could contribute greatly to the development and harmonisation of IPR protection in the MENA region. To date, protection and enforcement of IP rights varies across the region — a trademark certificate registered in the UAE will have no weight over the decision of a trademark office or judge say in Kuwait. And different protection regimes adversely affect the courts’ expertise in dealing with complex IP issues.

The UAE already plans to set up dedicated court circuits by 2020 to handle disputes arising in connection with the protection of IPRs. Perhaps establishing a federal IP court in the UAE could serve as the seat of a unified GCC court down the line.

Countries in the MENA region can also draw on other international instruments help ensure harmonisation in the IP world. For instance, the Madrid Union, which is governed by the Madrid Protocol, affords the extension of trademark applications across more than 90 member countries. Only Oman and Bahrain have signed up; other GCC countries could do the same.

With even the more mature markets struggling to keep up with globalisation, digitalisation and innovation, the UAE and the GCC need to pick up the pace and increase their cohesiveness regionally and globally in order to stand out on the world stage.

The writer is the UAE head of the Intellectual Property Practice at the law firm of Baker McKenzie Habib Al Mulla.