Expert Nour Saleem is a regulated Intellectual property Witness Expert at Dubai Courts since January 2017 as well as Federal Courts recently, and he is IP professional and registered IP agent in UAE Trademark office since 2009 and he is in the profession since 2002
Mr. Nour Saleem managed a variety of Intellectual Property Cases in Dubai and UAE in his capacity as an official Registered Court Expert ( Trademark Witness Expert at Dubai Court)
The role of the Court Expert in Dubai and UAE is to help the Judicial Authorities to investigate the disputed matter in front of the judge and namely:
The Expert managed complex cases in terms of the Trademark infringement claims, like Trademark Trade Dress, and 3D Trademark, Well Known Trademarks and cancellation action for non-use of the Trademark.
The court is appointing the Witness Expert to provide Expert Opinion in Trademark Disputes in order investigate the following areas in general
1- Priority of use of the disputed Trademark between the parties, and such assignment required the Expert to move to the official bodies database as well as party’s data and records
2- Well-Known Trademark, The Judges in Dubai courts and UAE usually assigning to the Expert to investigate if the Trademark is Well-know or not
3- Similarity of the Trademarks and possibility of infringement of the disputed trademark to Trademark owner or claimant
4- To investigate the contractual matters between the disputed parties
5- To investigate infringement of counterfeited actions
6- To evaluate the damages of the infringement or counterfeit actions
7- Agency Agreements and licensing of the Trademarks
8- Online use of the Trademark in UAE
Copyright disputes are very much and diversity and the Expert managed many types of copyrights disputes as to the following:
1- Mobile games application development – derivative rights and original rights as well as IP evaluation of the created works
2- Data collection of the telecom companies and infringement cases of the copyrights of the website and domain names
3- Biography infringement disputes
Industrial Designs: The Expert Nour Saleem managed many cases for industrial designs
Patent: the expert will use external local and international expertise and manage such disputes only without giving a technical opinion
Q&A about Court Expert – Witness Expert in UAE Courts
What is the Court Expert or Witness Expert in UAE Courts ?
The Court Expert considered as Judge assistant in technical matters namely in the areas that the judge required technical expertise out of his knowledge, like accounts, medical and engineering as well as Intellectual Property namely Trademarks and copyrights, Industrial Design and patents
Is the Expert is a Judge?
The Expert is not a Judge and only assist the courts on technical matters
Is the Expert opinion oblige the courts in UAE?
As per the UAE Rules and regulation the Expert opinion is not obliging the court and the court may take it all or partially or dismiss the report if the court found that it is not full fill the required assignment assigned from the court
Who determine the fees of the expert and who usually pay and how?
The Expert fees determined by the judge based on the evaluation of the case value and required time to deliver the report, and usually the paid buy the claimant or the party my ask for witness Expert
Who is authorized to act as an Expert at the UAE Courts?
Only registered Experts at the courts are Authorized to prepare Witness Expert Report for the courts