COURT EXPERT WITNESS REPORT IN TRADEMARK DISPUTES IN UAE

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TRADEMARK DISPUTES IN UAE
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According to Article 69 of the UAE Federal Evidence Law, courts frequently hire experts to produce reports. Even when there is no apparent requirement for knowledge, this method is commonly employed. In the absence of a discovery mechanism similar to common-law countries, undue reliance typically emerges from one party’s lack of appropriate documentation to support their claim. Following the completion of submissions, the court will usually appoint an expert, either suo moto or at the request of a party. Although the judges are not trademark specialists, they have obtained a thorough awareness of the associated issues via experience in most IP-related situations. In most circumstances, an expert opinion is sought to help the court in Trademark disputes in UAE.

What is an Expert Witness, and What Does It Mean?

An expert witness aims to help others (judges, attorneys, jurors, etc.) grasp the nature of the case by expressing it in simple words and in a way that non-experts can understand.

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As previously established, expert witnesses are court-appointed experts who are experts in specific subjects. These individuals will provide expert opinions on a case. They can assist in clarifying some areas that are too hazy for attorneys or judges to understand due to a plethora of technical information, terminologies, or jargon unfamiliar to anyone outside of that industry.

Both sides can appoint expert witnesses (claimant and defendant). These experts have a lot of experience in their profession, and their broad expertise qualifies them for the job.

Legal Provision for the Appointment of Local Court Experts

The appointment of experts in local courts is addressed under Articles 69 to 92 of Federal Law No. 10 of 1992 (the Law of Evidence). Furthermore, Article 68 of the Law of Evidence authorizes a court to order an expert to inspect the subject matter if a party makes an urgent application.

In municipal courts, a judge who may or may not have a professional or technical understanding of the crucial subjects in Dispute between the parties would usually appoint an expert to submit a report (i.e. issue a mandate). The newly enacted federal legislation No. 7 of 2012 (Law of Experts) governs experts in local courts and places additional constraints on who can function as an expert.

Role of Court Appointed Experts

Court-appointed experts play an essential role in the UAE courts regarding evidentiary issues in all areas of law, remarkably civil and commercial law, and even in criminal cases.

The Prosecutor General deems it necessary to appoint an expert in cases involving alleged criminal breach of trust.

Benefits of Appointing Court Experts in the UAE

The advantages of appointing court professionals in the UAE include:

  • A court expert has handled similar instances before.
  • Assistance in reaching an agreement.
  • Help is needed on both sides of the case.
  • Explain complicated issues
  1. A court expert has dealt with comparable matters before.

Expert witnesses have expertise dealing with courtroom jury trials, and their evidence nearly always aids in accurately describing the facts in a way that the court will comprehend. Certain situations involve sophisticated toxicological cases, and establishing the point might be difficult due to elaborate medical language and technical speak. Expert witness testimony is powerful and persuasive because of the court’s competence and experience in the topic.

  1. Assistance in reaching an agreement.

Suppose the parties’ ultimate purpose in a matter is to reach a fair and equitable settlement. In that case, it is recommended to talk with an expert witness in this circumstance rather than dragging the issue through years of litigation and expensive legal processes. There are times when simply knowing that a real expert specialist would testify in court is enough to persuade the other side to settle out of court.

3. Help on Both Sides of the Case

It’s a prevalent assumption that only defence lawyers use court experts. A court expert can assist both the defence and prosecution. A court expert can also support clarifying the facts. There may be a compelling case for employing expert testimony in court.

  1. Assist with the explanation of complicated topics

A court expert can clearly and accurately explain complex subjects. A court specialist is familiar with the complexities of any case and may assist in coming up with a solution to minimize the dangers involved.

Appointment of Court Witness Expert in Trademark Disputes In UAE

The Expert handles trademark infringement claims such as Trademark Trade Dress, 3D Trademarks, Well-Known Trademarks, and cancellation actions for non-use of the Trademark.

The Court Witness Expert in Trademark Disputes is appointed by the Court to explore the following topics in general.

  1. To establish Priority use of Trademark in Disputes In UAE:

Priority use of the disputed Trademark between the parties required the Expert to search the official organizations’ databases and the data and documents of the parties.

  1. Well-Known Trademark:

In Dubai courts and the UAE, the Expert is generally assigned to investigate whether the Trademark is well-known or not.

  1. To assist in the Dispute relating to Brand Similarity. 

Brand similarity and potential violation of the disputed Trademark in UAE by the trademark owner or claimant

  1. To look into the disputing parties’ contractual issues.
  2. To look into counterfeited action infringement.
  3. To assess the financial consequences of infringement or counterfeiting: 

Infringement actions are often initiated by the right holder and brought before a court or public prosecutor, where the parties are allowed to submit their arguments and supporting evidence. The action might include the hiring of an expert and witness cross-examination.

  1. To assist with matters relating to Trademark licenses and agency agreements.
  2. To help with issues relating to online trademark usage in the United Arab Emirates.

UAE Certified Court Expert Witness

Experts like Farahat and co. are well-versed in various legal subjects and have court specialists who can provide professional guidance.  Attorneys are actively involved in each client’s case and provide innovative answers and practical options to assist them in accomplishing their objectives.

For help schedule a meeting with one of Court Expert Witnesses.

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