We use cookies for analytics to improve your experience. Privacy Policy
Trademark prosecution and enforcement across GCC and France. Trade secret protection. Technology licensing. IP due diligence for M&A. Counterfeiting and infringement enforcement through civil and criminal routes.
The IP assets on your balance sheet are often the most valuable assets your company owns — and the least legally protected. The company that built the value in the IP spent its budget on the product, not the protection. By the time enforcement is needed, the registration gap has already been exploited..
GCC trademark registration is not a formality — it is the only thing standing between your brand and a competitor who has already applied to register the same mark in the same class in the same jurisdiction. The difference between filing first and filing second is the difference between owning your brand and licensing it back from someone who does.
Intellectual property protection in the GCC is a jurisdiction-by-jurisdiction exercise. There is no single GCC-wide trademark registration. The GCC Patent has limited practical recognition. Trade secret protection depends almost entirely on the contractual framework the company established — or failed to establish — before the misappropriation occurred. Companies that treat IP protection as an administrative task discover its strategic importance only when a competitor, a former employee, or a counterfeiter exploits the gap.
UAE Federal Decree-Law No. 36 of 2021 on Industrial Property introduced significant changes to the trademark opposition system, the well-known marks protection regime, and the penalties for counterfeiting — companies that registered trademarks before 2022 under the previous law should conduct a portfolio audit to ensure their registrations remain compliant and optimally protected under the new framework.
The Saudi Intellectual Property Authority (IPA) introduced new trademark regulations in 2023 with a reformed opposition window and a new online prosecution system — the IPA has significantly increased enforcement activity in 2024–2025, including border seizures of counterfeit goods through coordination with Saudi Customs.
Trade secrets under UAE Federal Decree-Law No. 26 of 2020 — the law criminalises misappropriation but requires the owner to have taken 'reasonable measures' to keep the information confidential. Companies without documented confidentiality procedures, information classification policies, and access controls face difficulty proving this element in court.
The GCC Patent — patents must be registered separately in each GCC state. The Gulf Cooperation Council Patent issued by the GCC Patent Office in Riyadh has limited practical effect and is not recognised by all GCC member states' courts with equal force. National filing remains the more reliable route for patent enforcement in individual GCC jurisdictions.
A European Union Trade Mark (EUTM) filed through EUIPO covers all 27 EU member states in a single registration — for companies with French operations, the EUTM is almost always the correct first step before considering a separate French national registration through INPI, unless the company needs protection only in France.
Technology transfer agreements from France and Europe to GCC destinations trigger EU dual-use export control obligations under Regulation 2021/821 — companies that have been licensing technology to GCC partners without an export control review may have EU regulatory exposure that extends beyond the IP licensing arrangement itself.
Related Sectors
Related Services
The challenges you face
Every day we hear these concerns from CEOs, CFOs and general counsel across the GCC and Europe. If any of these sound familiar, you're not alone — and we can help.
A company discovers that a former regional sales director registered a near-identical trademark for the same goods in Saudi Arabia six months before the company filed its own application. Under Saudi trademark law, the first applicant has priority. The former employee's registration is valid. The company now cannot use its own brand name in the Kingdom without either paying a licence fee to the former employee or filing an invalidity claim with the Saudi Intellectual Property Authority — a proceeding that takes 18–24 months and requires the company to prove that the former employee acted in bad faith, a standard that is difficult to meet when the employee can argue he simply saw a market opportunity.
The company is blocked from using its own brand name in Saudi Arabia for the duration of the invalidity proceedings. Products bearing the mark cannot be imported. Marketing materials must be withdrawn. The former employee is offering to 'sell back' the registration for $2 million — a fraction of the revenue the company will lose during the 18-month invalidity process. The economically rational choice is to pay the ransom.
A technology company licensed proprietary software to a GCC customer under a 'non-exclusive' licence agreement. The licence agreement did not define 'non-exclusive' in a way that prohibited sublicensing. The customer sublicensed the software to 12 affiliates in jurisdictions not covered by the original licence territory. The customer's position is that a non-exclusive licence, by definition, does not restrict sublicensing unless the licence agreement explicitly prohibits it. Under UAE Civil Code Article 776, the licensee's rights are determined by the terms of the agreement — and the agreement is silent on sublicensing.
The technology company's software is now being used by 13 entities instead of one — but only one licence fee is being paid. The company cannot pursue the 12 affiliates for infringement because the sublicensing was arguably within the scope of the licence. Terminating the licence would remove the software from all 13 entities but would also eliminate the company's largest GCC customer. The revenue leakage is approximately $4 million per year.
A construction company's proprietary project management methodology — developed over 15 years and used as a competitive differentiator in government tender bids — was used by a former project director in a competing bid for the same client. The company wants to pursue a trade secret misappropriation claim under UAE Federal Decree-Law No. 26 of 2020. The problem: the company has no trade secret documentation, no confidentiality protocol specific to the methodology, no information classification policy, and no record that the methodology was ever designated as confidential. The employment contract contained a general confidentiality clause but did not identify the methodology as proprietary information.
The trade secret claim fails because the company cannot demonstrate that it took 'reasonable measures' to maintain confidentiality — the threshold requirement under the UAE trade secrets law. The former project director wins the government contract using the company's methodology. The company has no injunctive relief, no damages claim, and no way to prevent the methodology from being shared further. Fifteen years of competitive advantage lost because there was no documentation framework.
A consumer goods company's products are being counterfeited and sold through online marketplaces in the UAE — Amazon.ae, Noon, and social media platforms. The company has UAE trademark registration and has been sending platform takedown notices for two years. The takedowns are processed — eventually — but new listings appear within days. The counterfeiters operate through shell entities in free zones, use different seller accounts, and source from manufacturing operations in jurisdictions outside the company's enforcement reach. The company has spent $300,000 on takedown management with minimal impact on the volume of counterfeit sales.
Customer complaints about defective counterfeit products are being attributed to the genuine brand. The company's customer service team is spending 30% of its time handling complaints about products it did not manufacture. Brand reputation is deteriorating. The company's market share in the UAE has declined by 15% over two years — not because customers are choosing competitors, but because customers are unknowingly buying counterfeits and blaming the brand when the products fail.
A company agrees to acquire a GCC-based consumer brand for $80 million. The enterprise valuation attributes $25 million to the brand. During IP due diligence, GSDA discovers that the target company's trademark registrations have lapsed in Saudi Arabia, Qatar, Kuwait, and Bahrain — four of the six GCC jurisdictions where the target operates. The registrations were not renewed because the target's in-house team did not have a portfolio management system. In Saudi Arabia and Qatar, third parties have already filed applications for the same mark in the same classes. The IP protection that justified the brand valuation does not exist in two-thirds of the target's operating jurisdictions.
The $25 million brand valuation is unsupportable — the brand is legally unprotected in four jurisdictions and faces competing applications in two. The buyer renegotiates the acquisition price downward by $18 million. The seller disputes the adjustment. The transaction is delayed by five months while the parties negotiate a revised price and the buyer files priority restoration applications in the lapsed jurisdictions. Two of the four lapsed jurisdictions have competing third-party applications that will take 12–18 months to resolve through opposition proceedings.
Don't let these problems compound.
Let's solve them together.
We file, prosecute, and manage trademark portfolios across all six GCC jurisdictions, France, and the EU via EUIPO and the Madrid Protocol. We handle multi-class applications, priority claims, opposition proceedings, cancellation actions, renewals, assignments, and portfolio audits. For companies with operations across the GCC, we coordinate the six separate national filing programmes required to achieve regional brand protection — including monitoring for conflicting applications and squatter filings in each jurisdiction.
We build the contractual and technical protection frameworks that trade secret claims require: confidentiality agreements with jurisdiction-specific enforceability provisions, employment contract IP assignment and confidentiality clauses calibrated to UAE, Saudi, and French requirements, information classification policies, access control protocols, and exit procedures. Under UAE Federal Decree-Law No. 26 of 2020, trade secret protection requires proof that the owner took 'reasonable measures' — we design the measures that satisfy that threshold before a misappropriation occurs.
We structure software licences, technology transfer agreements, source code escrow arrangements, and cross-border licensing programmes. We address sublicensing restrictions, territory and scope definitions that prevent licence leakage, royalty structures and withholding tax implications on cross-border payments, and EU dual-use export control compliance under Regulation 2021/821 for technology transfers from France and Europe to GCC destinations.
We enforce IP rights through civil litigation (UAE courts, DIFC Courts, French tribunaux judiciaires), criminal complaints for commercial-scale counterfeiting, customs recordals and border seizures coordinated with GCC customs authorities, online marketplace enforcement (Amazon, Noon, Alibaba platform takedowns), and coordinated multi-jurisdiction enforcement campaigns. We also defend clients against infringement allegations, invalidity challenges, and opposition proceedings.
We conduct IP due diligence for acquisitions of GCC and European targets — verifying trademark and patent registration status across all relevant jurisdictions, ownership chain analysis (including founder personal-name registrations), licence and franchise agreement review, employee and contractor IP assignment compliance, freedom-to-operate assessments, and IP valuation support. We identify registration gaps, lapsed renewals, and competing third-party applications before they become post-closing liabilities.
Yes. There is no single GCC-wide trademark registration. Each of the six GCC countries — UAE, Saudi Arabia, Qatar, Bahrain, Kuwait, and Oman — maintains a separate national trademark registry with its own classification system, examination standards, opposition procedures, and renewal timelines. The UAE, Bahrain, and Oman are members of the Madrid Protocol, which allows international trademark designations to cover those three countries through a single application. Saudi Arabia, Kuwait, and Qatar are not members of the Madrid Protocol (as of 2025), meaning separate national applications must be filed directly. The 2006 GCC Trademark Law was intended to create regional harmonisation but has not been fully implemented in all member states. GSDA coordinates multi-jurisdiction filing programmes across all six GCC countries, combining Madrid Protocol designations where available with direct national filings where they are not.
UAE Federal Decree-Law No. 26 of 2020 on Trade Secrets criminalises the misappropriation of trade secrets and provides for civil remedies including injunctions and damages. However, the law requires the trade secret owner to demonstrate that it took 'reasonable measures' to maintain the confidentiality of the information. In practice, this means the company must have: (1) documented confidentiality policies identifying the information as confidential, (2) employment contracts with specific confidentiality and IP assignment clauses, (3) non-disclosure agreements with third parties who access the information, (4) technical access controls limiting who can view or copy the information, and (5) exit procedures that recover confidential materials when employees leave. Without this documentation framework, the company will struggle to prove the 'reasonable measures' element in court — regardless of how valuable or genuinely secret the information was. GSDA designs trade secret protection frameworks before the misappropriation occurs.
Your options depend on whether you have a valid Saudi trademark registration. If you do: (1) send a cease-and-desist letter through a Saudi-qualified lawyer — this resolves approximately 40% of cases without litigation, (2) file a trademark infringement complaint with the Saudi Commercial Court, seeking injunctive relief and damages, (3) file a criminal complaint for counterfeiting if the infringement involves counterfeit goods, and (4) coordinate with Saudi Customs for border seizure of infringing goods entering the Kingdom. If you do not have a Saudi registration: your options are limited. You may be able to claim protection as a 'well-known mark' under the Paris Convention and the Saudi Trademarks Law, but this requires evidence of extensive reputation in Saudi Arabia — not just globally. Without registration, enforcement is significantly harder and more expensive. The lesson is that registration must precede market entry. GSDA advises on enforcement strategy and conducts infringement proceedings before Saudi courts.
IP due diligence for a UAE acquisition should cover: (1) trademark registration status in every jurisdiction where the target operates — not just the UAE, but all GCC countries, France, EU, and any other markets, (2) patent registration status and validity, including freedom-to-operate analysis for the target's core products, (3) ownership chain verification — confirm that all IP is held by the target company entity, not by the founder personally, a former partner, or a related entity, (4) licence and franchise agreement review — identify any IP that is licensed in rather than owned, and review termination provisions, (5) employee and contractor IP assignment — confirm that employment contracts contain valid IP assignment clauses under the applicable law (UAE Copyright Law Article 21 requires explicit written assignment for work-for-hire), (6) domain name portfolio, (7) trade secret documentation and confidentiality frameworks, and (8) any pending or threatened IP disputes. The most common findings in GCC IP due diligence are lapsed trademark renewals, IP held in the founder's personal name, and absent employee IP assignment clauses.
No. An EU trademark (EUTM) registered through EUIPO provides protection only in the 27 EU member states. It has no legal effect in any GCC country. Similarly, a GCC trademark registration has no effect in the EU. The two systems are entirely separate. To protect a brand in both the EU and the GCC, a company must file: (1) a EUTM application for EU-wide coverage (or national registrations in specific EU countries), and (2) separate applications in each GCC country where protection is needed. There is no mutual recognition agreement between EUIPO and any GCC trademark office. The Madrid Protocol can streamline the process for countries that are members (UAE, Bahrain, Oman, and all EU member states), but Saudi Arabia, Kuwait, and Qatar require direct national filings. GSDA manages combined EU and GCC filing programmes for companies operating across both regions.
GSDA conducted the IP due diligence on our acquisition of a GCC consumer brand and discovered that trademark registrations had lapsed in four jurisdictions — with competing third-party applications already filed in two of them. That finding alone changed the transaction price by more than what we paid for the entire due diligence.
General Counsel — European Consumer Goods Group, M&A Division
Insights
The GSDA advantage
Pan-GCC registration capability — we file and manage IP portfolios across all six GCC countries, France, and the EU through a single coordinated team. A single point of coordination eliminates the cost, delay, and error risk of using different agents in each jurisdiction.
Trade secret framework design — we build the documentation, classification, and access-control frameworks that trade secret claims require before the misappropriation occurs. Most companies discover they need these frameworks only when it is too late to create them.
IP enforcement with dispute resolution backing — when IP infringement escalates beyond takedown notices to civil proceedings or criminal complaints, our dispute resolution team handles the enforcement with the same sector knowledge that managed the registration and licensing. There is no handoff to a separate firm.
Our offices
Our intellectual property law team operates from offices in France, the Gulf, and North Africa — ensuring local expertise wherever your business needs it.
Knowledge hub
Key legal terms for intellectual property law