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MENAFN - Khaleej Times - 08/06/2014
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(MENAFN - Khaleej Times) The plaintiff claimed that the defendants both the engineering consultancy office and contracting company had used his invention without his consent.

the abu dhabi commercial court of cassation has ruled that using inventions without getting a prior approval from their owners is illegal.

the court dismissed the appellate court’s judgement which turned down an appeal filed by a manager of an engineering company against a contracting company and an engineering consultancy office.

the plaintiff claimed that the defendants — both the engineering consultancy office and contracting company — had used his invention without his consent.

he demanded that the defendants jointly pay him dh20500000 in damages for the profits they earned and material and moral damages he had sustained due to their use of his invention without his approval. the defendants used an engineering system of which the plaintiff is the sole owner.

earlier the manager of the engineering company agreed to provide the contracting company and the consultancy office the details of his engineering system to carry out a project on a contract basis. the manager filed a complaint against the duo after they failed to keep their word.

the abu dhabi commercial court of first instance referred the case to a panel of experts who said in their report that the defendants benefited from the engineering system in question. the plaintiff they said had a patent on his invention from a latin american company and had moved the ministry of economy to get a patent in the uae. the court however dismissed his case as he did not have a patent in the country.

the court ruled that the patent the plaintiff obtained from a latin american country does not have a legal effect in the uae and the procedure for obtaining a patent in the country had not been completed yet. this verdict was also upheld by the court of appeals.

the court of cassation overruled the lower court’s ruling and ordered the case be sent back to the court of appeals to be heard afresh by a different bench of judges. the court of cassation explained that the lower court disregarded the report prepared by the panel of experts which showed that there were correspondences and negotiations between both parties regarding the engineering system.

this the court ruled made the plaintiff provide the other party with the engineering system to implement a major construction project the defendants were undertaking.

the court ruled that the system used in carrying out the project was created by the plaintiff and has never been used in the country. the defendants had used an invention which belongs only to the plaintiff the court ruled.

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