CABINET RESOLUTION NO. (9) OF 2015 ON FEES OF SERVICES PROVIDED BY MINISTRY OF ECONOMY

Transcription

1 CABINET RESOLUTION NO. (9) OF 2015 ON FEES OF SERVICES PROVIDED BY MINISTRY OF ECONOMY The Cabinet, Having perused: - The Constitution; - Federal Law No. (1) of 1972 on Competencies of Ministries and Powers of Ministers, and its amending laws; - Federal Law No. (1) of 1979 Regulating Industrial Affairs; - Federal Law No. (18) of 1981 Regulating Commercial Agencies, and its amending laws; - Federal Law No. (6) of 1983 Specifying the Fees Imposed on Certificates of Origin for National Products of the United Arab Emirates; - Federal Law No. (8) of 1984 on Commercial Companies, and its amending laws; - Federal Law No. (37) of 1992 on Trademarks, and its amending laws; - Federal Law No. (7) of 2002 on Copyrights and Related Rights, and its amending laws; - Federal Law No. (17) of 2002 Regulating and Protecting Industrial Property for Patents, Industrial Drawings and Designs, and its amending laws; - Federal Law No. (1) of 2011 on Public Revenues of the State; - Federal Decree-Law No. (8) of 2011 on Rules of Public Budget and Final Account Preparation; - Federal Law No. (12) of 2014 Regulating Auditing Profession; - Cabinet Resolution No. (11) of 1988 on Fees on Certificates of Origin for National Products, Fees of Registration on Commercial Agencies Register and Requesting Official Extracts from Registers and Fees of Registration and Annotation in Insurance Companies Register and Insurance Agents Register, and its amending laws; - Cabinet Resolution No. (8) of 1990 on Fees for Publication of Official Instruments of Commercial Companies, and Fees for Registration and Licensing of Foreign Companies; - Cabinet Resolution No. (18) of 1993 on Fees of Procedures conducted under Federal Law No. (37) of 1992 on Trademarks; - Cabinet Resolution No. (13) of 1996 on Fees of Registration and its Renewal, and Annotation in Auditors Rolls, and Fees of Licensing to Practice the Profession; - Cabinet Resolution No. (18) of 2000 on Fees of Announcements on Trademarks in the Journal published by the Ministry of Economy and Commerce; - Cabinet Resolution No. (8) of 2001 on Imposition of Delay Fines on Commercial Agencies and Foreign Companies and their Branches, Insurance Companies and Associated Professions which Fail to Renew their Registration and Annotation within the prescribed time; - Cabinet Resolution No. (30) of 2004 on Creation and Amendment of Some Fees for Services provided by the Ministry of Economy and Commerce, and its amending laws; - Cabinet Resolution No. (5) of 2013 on Fees of Technical Examination and Inspection of Patents; and

2 - Based on the proposal of the Minister of Finance and approval of the Cabinet; Resolves as follows: Article (1) Definitions For the purposes of this Resolution, the following words and phrases shall bear the meanings assigned to them respectively, unless the context otherwise indicates: State: Ministry: Minister: United Arab Emirates. Ministry of Economy. Minister of Economy. Article (2) Service Fees In return for the services provided by the Ministry as listed in the table attached hereto, the fees assigned next to each shall be collected. Article (3) Administrative Fines The violations indicated below shall be subject to the administrative fines assigned next to each as follows: No. 1 2 Violation Description Delay in renewal of registration of a commercial agency for more than (30) days as of registration expiry date Delay in annotation of data amendment in the commercial agents register for more than (60) days as of amendment date 3 Delay in payment of fees of trademark registration Administrative Fine (AED) AED 400 for each month of AED 4,000 annually AED 100 for each month of AED annually AED for each month of delay up to a maximum of AED 10,000 annually

3 Delay in payment of fees of trademark publication for more than (30) days as of receipt date of publication acceptance decision. Delay in registration renewal of trademark registration agent of a partnership. Delay in renewal of registration for a trademark registration agent of a national company. Delay in renewal of registration for a trademark registration agent of a foreign company. Delay in renewal of the initial approval for more than (30) days as of its expiry date, to be added upon renewal. Delay in renewal of the industrial license for more than (30) days as of its expiry date. Delay in renewal of registration for legal persons regarding national companies and institutions. Delay in renewal of registration for legal persons regarding branches of foreign companies. Delay in annotation of data amendment in registration application or its accompanying documents in national companies roll of auditors. Delay in annotation of data amendment in registration application or its accompanying documents in foreign companies roll of auditors. Delay in annotation of data amendment in registration application or its accompanying documents in natural persons roll of auditors. Delay beyond the date specified for renewal of registration of natural persons in rolls of practitioner auditors. Delay beyond the date specified for renewal of registration in rolls of non-practitioner auditors. AED 100 for each month of AED annually. AED 300 for each month of AED 3,000 annually. AED for each month of AED 5,000 annually. AED for each month of delay up to a maximum of AED 10,000 annually. AED 100 for each month of delay. AED 100 for each month of delay. AED for each month of AED 5,000 annually. AED for each month of delay up to a maximum of AED 10,000 annually. AED 40 for each month of AED 400 annually. AED 50 for each month of AED annually. AED 25 for each month of AED 250 annually. AED 100 for each month of AED annually. AED 25 for each month of AED 250 annually.

4 Delay in annotation of data amendment in registration application or its accompanying documents in rolls of auditors. Delay beyond the legal time limit for renewal of industrial property for natural persons. Delay beyond the legal time limit for renewal of industrial property for legal persons. 20 Delay in renewal of registration of a joint-stock company Delay in publication of a joint-stock company s official instrument amendment. Delay in application for registration in foreign companies register. Delay in publication of a partnership s official instrument amendment. Delay beyond the date specified for renewal of registration in foreign companies register. Delay beyond the date specified for amendment of data in foreign companies register. AED 25 for each month of AED 250 annually. AED for each month of delay. AED for each month of delay. AED for each month of AED 5,000 annually. AED for each month of delay up to a maximum of AED 10,000 annually. AED for each month of delay up to a maximum of AED 10,000 annually. AED 100 for each month of AED annually. AED for each month of delay up to a maximum of AED 10,000 annually. AED 200 for each month of AED 2,000 annually. Article (4) Amendment of Fees The Cabinet shall have the authority to introduce any changes by means of addition, deletion or amendment to the fees and administrative fines set forth in this Resolution. Article (5) Concluding Provisions a. The fees and fines set forth in this Resolution shall be collected by the means prescribed through the Ministry of Finance.

5 b. The Minister of Finance shall, in coordination with the Minister, set aside a portion of the fees levied on technical examination and inspection of patents, as referred to in the Schedule of Fees attached hereto, for spending on the costs of patents; the revenues resulting from such fees shall devolve to the State Treasury. c. For the purposes of collection of fees and administrative fines set forth in Articles (2) and (3) hereof, the fraction of a day is regarded as a whole day, and a fraction of one month as a whole month. Article (6) Issuance of Procedures The Minister shall issue the procedures necessary to enforce the provisions of this Resolution. Article (7) Repealed Provisions a. Save the Cabinet Resolution No. (19) of 2013 on fees prescribed for issuance of Rough Diamond State Certificates, the following Cabinet Resolutions are hereby repealed: 1. Cabinet Resolution No. (11) of 1988 on Fees of Certificates of Origin for National Products, Fees of Registration in Commercial Agencies Register and Application for Official Extracts from Registers, and Fees of Registration and Annotation in Insurance Companies Register and Insurance Agents Register. 2. Cabinet Resolution No. (8) of 1990 on Fees for Publication of Commercial Companies Official Instruments and Registration and Licensing of Foreign Companies. 3. Cabinet Resolution No. (18) of 1993 on Fees of Procedures conducted under Federal Law No. (37) of 1992 on Trademarks. 4. Cabinet Resolution No. (13) of 1996 on Fees of Registration and its Renewal and Annotation in Auditors Rolls, and Fees of Licensing to Practice the Profession. 5. Cabinet Resolution No. (18) of 2000 on Fees of Announcements on Trademarks in the Journal published by the Ministry of Economy and Commerce. 6. Cabinet Resolution No. (8) of 2001 on Imposition of Delay Fines on Commercial Agencies and Foreign Companies and their Branches, Insurance Companies and Associated Professions which Fail to Renew their Registration and Annotation within the prescribed time. 7. Cabinet Resolution No. (30) of 2004 on Creation and Amendment of Some Fees for Services provided by the Ministry of Economy and Commerce. 8. Cabinet Resolution No. (5) of 2013 on Fees of Technical Examination and Inspection of Patents. b. The following Ministerial Resolutions are hereby repealed: 1. Ministerial Resolution No. (25) of 2001 on Fees of Publishing Trademarks in the Journal issued by the Ministry.

6 2. Ministerial Resolution No. (288) of 2004 on Fees relevant to Copyrights and Related Rights. 3. Ministerial Resolution No. (28) of c. Any other provision in any other resolution is hereby repealed to the extent contradicting with the provisions of this Resolution. Article (8) Publication and Entry into Force This Resolution shall be published in the Official Gazette and enter into force 60 days as of its publication date. Mohammed bin Rashid Al Maktoum Prime Minister Issued by us On: 13 Jumada Al Awwal 1436 AH. Corresponding to: 4 March 2015 AD.

7 Schedule of Fees of Services Provided by Ministry of Economy Attached to Cabinet Resolution No. (9) of 2015 No. Service Type Copyrights and Related Rights Service Fees (AED) 1 Collective management license. 100,000 2 Annual renewal of the collective management license. 50,000 3 Replacement of the collective management license. 4 Work Translation License. 5 Replacement for the Work Translation License. 6 Work Reproduction License. 7 Replacement for the Work Reproduction License. 8 Work Translation and Reproduction License. 2,000 9 Replacement for the Work Translation and Reproduction License. 10 Replacement for Work Registration License Registration of a Work for a natural person Registration of a Work for a legal person Opening a file for importers and distributors of intellectual works. 14 Application for registration of no more than ten (10) works covered by an import or distribution contract, provided that a new application for registration shall be submitted when more works are required for registration. 15 Lodging a complaint of copyright infringement for a natural person Lodging a complaint of copyright infringement for a legal person. 17 Application for amendment of a work. 200 Commercial Agencies 18 Registration of a commercial agency in commercial agents register. 10, Renewal of registration of a commercial agency in commercial agents register. 4, Replacement for a certificate of commercial agency registration A certified true copy of a commercial agency contract or any other document in the commercial agents register. 22 A To Whom It May Concern certificate for commercial agencies Application for a circular to customs departments and other bodies regarding commercial agencies

8 24 Application for an official extract from registration certificate Application for a certificate of non-registration in the commercial agents register Application for annotation in the commercial agents register. 27 Application for inspection of a violation to a commercial agency. 2, An additional application for inspection of a violation to a commercial agency Disputes between agents and principals, to be collected from the commercial agent. Disputes between agents and principals, to be collected from the authorized company. Trademarks 12,000 12, Sale of Trademark Journal. 100 per copy 32 Annual subscription to Trademark Journal. 1, Application by a trademark proprietor for making any amendment or addition to his registered trademarks. Application for amendment of utilization system of a registered trademark to prove the enforcement of monitoring or inspection. Application for a certified true copy of entries in trademarks register or any application or document submitted to the department competent with trademarks or issued thereby. 36 Application for search or inquiry into a trademark Application for annotation in the register of mortgage of a trademark or relevant trademarks, or license or transfer of title to a trademark. Application for annotation in the register for satisfaction of mortgage of a trademark or any relevant trademark. Application for annotation in the register for de-registration of a trademark usage license. Application for annotation in the register for de-registration a trademark for all or any goods, products and services. Application for registration of a trademark or a range of trademarks of goods, products or services belonging to the same category. Registration of a trademark or a range of trademarks of goods, products or services belonging to the same category. Renewal of registration of a trademark or a range of trademarks of goods, products or services belonging to the same category. Application for registration of a trademark for establishment of monitoring or inspection of goods, products or services belonging to the same category ,700 10,000 10, Registration of a trademark for establishment of monitoring or inspection of 10,000

9 goods, products or services belonging to the same category. Renewal of registration of a trademark for establishment of monitoring or inspection of goods, products or services belonging to the same category. Application for data entry in trademarks register by proprietor of the registered trademark. Application for renewal of protection period of (a) registered trademark(s) or a trademark designated for establishment of monitoring or inspection, if the application is submitted within the last year of protection period, for each trademark in the set following the first one. Application for renewal of protection period of (a) registered trademark(s) 0 or a trademark designated for establishment of monitoring or inspection, if the application is submitted within the three months following the expiry of protection period, for each trademark in the set following the first one. 10,000 2, Application for inspection of trademark infringement. 2, Appeal against rejection of application for trademark registration or making its acceptance conditional. 5, Submission of opposition to registration of a trademark. 10, Application for hearing the statements of the party(ies) prior to deciding on opposition to registration of a trademark. Appeal against rejection of any entering any additions or amendments to a registered trademark. Application for interim protection of a trademark in national or international exhibitions. Opposition to application for annotating de-registration of a trademark usage license. 2, 57 Publication of a trademark in Trademark Journal. 58 Application for additional inspection for the same complaint of trademark infringement. 59 Appeal against the decision on opposition to registration of a trademark. 10, Amendment in registration data of a trademark registration agent Application for a time limit for submission of a power of attorney on application for registration or opposition to registration of a trademark. Application for a time limit for submission of a document entitling priority of filing a pervious application for registration of a trademark in a state party to Paris Convention. Application for a time limit for submission of a document entitling precedence of filing in a state party to Paris Convention for registration of a trademark three months after filing the subsequent application.

10 64 Application for reconsideration of the initial technical inspection decision issued on application for registration of a trademark. 65 Replacement for a trademark certificate Application for de-registration of a trademark. 10, Registering a trademark registration agent, for a partnership. 3, Registering a trademark registration agent, for a national company. 5, Registering a trademark registration agent, for a foreign company. 10,000 Industrial Projects 70 Issuance of a certificate of non-conformity with conditions. 71 Issuance of the added value certificate. 72 Change or amendment of data entered in the industrial register Issuance if the certificate necessary for granting price preference Registration of an industrial project in the commercial register for the first time. 75 Renewal of registration in the industrial register. annually 76 Initial approval on an industrial project. 77 Renewal of initial approval on an industrial project Application for addition of one or more raw materials (introduction of a raw material) to the list of raw materials utilized in industrial production. Application for increasing the share of one or more raw materials in the list of raw materials utilized in industrial production. 100 per application 50 per application 80 Exportation of scrap iron. 250 per ton 81 Exemption of industrial inputs from customs duties. 50 per application 82 Industrial inspection Auditors Annotation of any amendment or change to registration data or the documents attached thereto or transfer of registration from one schedule to another as for national companies. Annotation of any amendment or change to registration data or the documents attached thereto or transfer of registration from one schedule to another as for foreign companies. Annotation of any amendment or change to registration data or the documents attached thereto or transfer of registration from one schedule to another as for natural persons. 86 Registration of national companies head office in rolls of auditors for two years. 10,

11 87 Registration renewal of national companies head office in rolls of auditors. 5, Registration of national companies branches in rolls of auditors for two years. 89 Registration renewal of national companies branches in rolls of auditors. 90 Registration of foreign companies in rolls of auditors for two years. 91 Registration renewal of foreign companies in the roll of auditors. 10,000 per branch 5,000 per branch 25,000 per branch 10,000 per branch 92 Registration of natural persons in the roll of practitioner auditors for two years. 3, Renewal of registration of natural persons in the roll of practitioner auditors. 94 Registration of natural persons in the roll of non-practitioner auditors for two years. 95 Renewal of registration of natural persons in the rolls of non-practitioner auditors Registration in the roll of audit interns. 97 Submission of a complaint against an auditor of natural or legal personality. 5, Inquiry for auditors To Whom It May Concern certificate for auditors Replacement for a lost or damaged registration or renewal certificate of auditors. 100 Industrial Ownership of Patents Natural person Legal person 101 Application for technical examination and inspection of patents. 7, Application for amendment of technical examination and inspection of patents. Publication of any decision, ruling, contract or procedure under Federal Law No. (17) of 2002, to be paid before publication. Obtaining a certified true copy of any protection instrument, any other related papers, a certificate of the content thereof, or an extract from the relevant register. 5, Registration in the roll of registration agents. 3, Renewal of registration in the roll of registration agents. 2, Appeal before Appeals Committee formed under Federal Law No. (17) of 2002 Regulating and Protecting Industrial Property for Patents, Industrial Drawings and Designs. the second year)

12 the third year). the fourth year). the fifth year). the sixth year). the seventh year). the eighth year). the ninth year). the tenth year). the eleventh year). the twelfth year). the thirteenth year). the fourteenth year). the fifteenth year) , , , , , , , , ,360

13 the sixteenth year). the seventeenth year). the eighteenth year). the nineteenth year). the twentieth year). Additional fees in case of acceptance of payment the escalating annual fees during thirty (30) days from the end of the payment year , , , , Registration of application for industrial property patents protection. 2, Application for rectification or amendment of data of the instrument for industrial property patents protection Renewal of instrument period for industrial property patents protection. 2, Registration of waiver of the instrument for industrial property patents protection. Application for registration of scientific cognizance contract or licensing contract. Application for amendment or renewal of scientific cognizance contract or licensing contract Annual subscription to industrial property journal Application for a copy of industrial property journal Change of a registration agent. 137 Technical search in Industrial Property Department in the Ministry. 138 Inquiry on application status Transfer of title to patents. 140 Recovery of an application after its extinguishment. 1, 3, Application for interim protection of a patent in national or international exhibitions. Commercial and Foreign Companies 2, Announcement of incorporation of a joint-stock company. 143 Publication of official instruments of joint-stock companies or partnerships 20,000

14 limited by shares. 144 Publication of an amendment to instruments of joint-stock companies. 2, Publication of the official instrument of a limited liability company. 3, Publication of the official instrument of a joint-liability company or limited partnership. Publication of any amendment to the official instruments of commercial companies. Approval on adoption of microfilm system for archiving of the documents of joint-stock companies. 149 Application for an extract from registration data of foreign companies To Whom It May Concern certificate for foreign companies Application for inquiry for partnerships Authentication of a partnership memorandum of association , Application for evaluation of in-kind shares of a joint-stock company. 5, Application for capital reduction of a joint-stock company. 155 Consideration of an application for assessment of issue premium of a joint-stock company. 5, Consideration of an application for conversion into a joint-stock company. 2, Registration of a joint-stock company in companies register. 10, Renewal of registration of a joint-stock company in companies register. 5, Sale, merger or takeover of foreign companies. 15, Setting up a branch for partnerships. 161 Application for licensing the establishment of a branch or an office for a foreign company. 5, Application for registering a foreign company in the foreign companies register. 10, Application for amendment of data in foreign companies register. 2, Registration renewal of a foreign company in foreign companies register. 10, Application for a study on incorporation of a joint-stock company. 5, A certified true copy of all transactions A To Whom It May Concern certificate for joint-stock companies Certificates of Origin for National Products Certificates of Origin for national products, to be collected for invoices of AED 1 up to AED in value. 169 Certificates of Origin for national products, to be collected for invoices of AED 40 20

15 ,001 up to AED 5,000 in value. Certificates of Origin for national products, to be collected for invoices of AED 5,001 up to AED 20,000 in value Certificates of Origin for national products, to be collected for invoices of AED 20,001 up to AED 40,000 in value. Certificates of Origin for national products, to be collected for invoices of AED 40,001 up to AED 100,000 in value. Certificates of Origin for national products, to be collected for invoices of AED 100,001 up to AED,000 in value. Certificates of Origin for national products, to be collected for invoices of more than AED,000 in value. Printing an amended Certificate of Origin instead of another copy for which fees have been paid