In order to qualify for the above rights, an agent must often be the exclusive agent of a specific territory and product line and, as a general rule, register the agreement with the relevant government authority. Other requirements apply by country. Agents will therefore often insist that the registration of the agency agreement is a legal obligation. This may be the case in some countries (for example. B for all agents who import products into Iran), but in others, registration simply ensures that the agent enjoys greater protection against dismissal or allows the agent to require law enforcement authorities to take action against distributors who import genuine products or act with genuine products without the consent of the registered agent (as is the case in the United Arab Emirates). Disputes over IP issues can be dealt with in the treaty and can often be resolved in court, but it is also worth explaining the problems to the officer in order to avoid the problems that arise in the first place. For example, it is not uncommon for agents to apply for trademark registration (whether in an erroneous but real attempt to preserve the rights of the client or for a less virtuous reason) or continue to manufacture goods under the client`s mark and sell them in the territory after the end of the contract. It is therefore useful to inform the agents of the rights of the client in matters of intellectual property and confidential information, the measures necessary to maintain and protect these rights, and how these rights should be protected when the agreement expires. In addition, in the event of a threat from a third party, the agent or distributor is generally threatened, which may raise fears in the contractual relationship. The client should always be advised on the local level on the laws of trade agencies, since in some countries some or all of these rights are created, even if the agreement is not registered.
In Lebanon, for example, protection against dismissal and the right to compensation may apply, even if the contract is not registered (and, if so, registration is relevant only with regard to the application of the agent`s rights to a third party). In the United Arab Emirates, if the agreement is not registered, the agent may still be entitled to compensation for termination without “serious and justified” grounds, or if there is no termination or “uncomfortable notification”, but the agent has yet to prove that he has suffered a certain loss (according to Article 214 of the United Arab Emirates Code of Trade Transactions). The Commercial Transaction Code also provides a number of safeguards for agents, depending on the nature of the agency agreement and whether the parties expressly decided not to object to the section in question. If the relationship is such that the officer can establish a new period of investigation on the basis of the client`s initial investigation period, separate agreements on these possibilities should be reached. Ip ownership, IP creator and the waiver of moral rights are complex areas. It is best to have a clear understanding of all issues before an argument breaks out, and to find a way to identify IP rights and allocate assets without creating too much administrative or financial effort. To register any type of IP license, the agreement usually needs to be translated into Arabic, notarized and legalized. PUBLICS NOTAIRES tend to check the content of an agreement before agreeing to certify it to a notary. They sometimes refuse to certify a document that is too notarized if it is contrary to UAE law. For example, the UAE Trademark Act stipulates that trademark licences must not contain restrictions on a taker that do not result from the granting of rights, nor are they necessary to preserve those rights. If there is a risk that a notary will refuse to authenticate the agreement too notarially, the agreement may be authenticated by the notary elsewhere, and then legalized by the United Arab Emirates Embassy and the UAE Foreign Affairs Department u