"InstaBlock" is an initiative launched in the United Arab Emirates (UAE) that seeks to combat intellectual property (IP) rights violations broadcasted or published on websites. This service swiftly blocks infringing websites using artificial intelligence (AI) and since its release in March, has blocked over 1,100 websites. InstaBlock is part of a newly announced IP system that aims to foster innovation and support the UAE's goal of becoming a global innovation hub by 2031 and raises broad implications for the business environment in the UAE. This initiative demonstrates the UAE's commitment to modernising its legal framework and enhancing its global competitiveness.
In February 2024, the Ministry of Economy (the Ministry) in the UAE announced the launch of "InstaBlock", a new service designed to address and mitigate violations of IP rights broadcasted or published on websites. The Ministry claims the service can immediately ban or block websites that infringe upon the rights of authors and creators with the help of artificial intelligence (AI), although the extent of its use of AI remains to be seen. Currently, the Ministry appears to be focussed on protecting media platforms that produce or distribute entertainment, sports and artistic content.
InstaBlock also includes a "Live Ban" service, which enables users to report instances of copyright infringement encountered on live streaming websites. InstaBlock as a whole is facilitated through a joint group consisting of the Ministry and the Telecommunications and Digital Government Regulatory Authority (TDRA), that is tasked with monitoring IP rights infringements and blocking non-compliant websites to safeguard the interests of rights holders. The service also provides a direct communication channel between IP rights holders and the joint group to take swift action against violations or encroachment of IP rights.
Legislative Framework
The UAE's IP protection is governed by several laws, including Federal Law No. 11 of 2021 on industrial property, which covers patents, utility certificates, industrial designs, and undisclosed information (U.AE). Copyrights are protected under Federal Decree-Law No. 38 of 2021, which extends protection to a wide range of creative works for the author's life plus 50 years.
InstaBlock is one component of a broader suite of 11 integrated initiatives announced by the Ministry, which together comprise a "new IP system" aimed at promoting innovation and creativity in the UAE. Key initiatives include the Innovation Hub for patent guidance, InstaBlock for removing infringing content, and IP Sport to boost trademark registrations in the sports industry. The objective of the system is to create a competitive environment for creators and entrepreneurs to develop business opportunities, with the overarching goal of fostering a knowledge and innovation-driven economy. In announcing the new IP system, the Minister of Economy, His Excellency Abdulla bin Touq Al Marri remarked:
"The new system is based on four main themes, promoting the comprehensive protection offered to intellectual property rights; reducing violations faced by patentees and innovators; resolving disputes; and developing the services provided by the Ministry to individuals and institutions wishing to register patents. It will be based on AI technology, allowing enablers and facilities to support the growth of R&D-based projects, exploit the fruits of intellectual property protection and market them as national exports to foreign markets".
The Minister of Economy further observed that the new IP system aligns with the objectives of the "We The UAE 2031" vision, which aims to establish the UAE as a global hub for the new economy and to position the nation within the top 15 countries in the Global Innovation Index. According to the most recent 2023 rankings, the UAE is currently placed 32nd worldwide.
According to the Ministry, InstaBlock is doing exactly what it says on the tin. As announced in a recent press release on 30 May 2024, the service has been operating since March and has blocked 1,117 websites found to be illegally broadcasting or publishing copyrighted works. The Ministry hopes that the implementation of this service helps to awareness of the importance of accessing creative works through authorised platforms that hold original copyrights rather than unknown and potentially risky websites.
The implications of InstaBlock and the new IP system more generally can be assessed from several perspectives, namely, its impact:
- on individual organisations;
- at the industry level; and
- on the broader economy of the UAE.
Impact on individual organisations
The most immediate impact of InstaBlock will likely be felt by organisations who either hold original copyrights or who may deliberately or inadvertently infringe such copyrights. For the former, InstaBlock serves as a useful resource. For the latter, especially those organisations whose business depends on user generated content, organisations may be subject to unexpected interruptions with little to no recourse. For example, news aggregators and streaming platforms that rely on user generated content but fail to detect infringing material uploaded on their website may be automatically blocked or banned, making business interruption a persistent risk.
While the Ministry considers AI integration and speed as key features of InstaBlock, it raises a broader question regarding the fairness of a service that can immediately block or ban a website without providing an adequate opportunity to respond. The efficacy of an AI system is highly dependent on its model and the data it is trained on. Since all AI systems contain a margin of error and may get things wrong, human intervention is often required to ensure accuracy. As we do not know the extent to which InstaBlock relies solely on AI (i.e. without human checks and balances), the risks of overreliance on automation are unclear but worth mentioning.
Impact at an industry level
At an industry level, a natural consequence of InstaBlock and the new IP system more generally is that onshore entities in the UAE may have greater certainty that their registered IP shall be protected, providing greater incentives to register such IP where registration may not be mandatory (e.g. copyright and trade marks).
We also expect that research and development reliant industries shall take full advantage of the expedited IP registration processes and resources (through innovation hubs) offered by the system. A clear example is the "One Day TM Initiative", another component of the new IP system that offers trade mark registration in a single business day as a collaborative effort between the Ministry and Ministry of Finance. This service may continue to uplift trade mark filings, contributing to the already growing number of filings per year (an increase of 9.6% in 2023 compared to 2022 ).
It is foreseeable that organisations that are already top patent applicants in the UAE, which according to the World Intellectual Property Organization include Abu Dhabi Polymers Company Limited (borouge), Abu Dhabi National Oil Company and Emirates Telecommunications Group Company Pjsc, shall continue to leverage IP registrations to maintain competitive advantages over their peers. These organisations shall benefit from increased IP protections (e.g. unencumbered exploitation) and may continue to outperform competitors if those competitors fail to make concerted efforts to register and exploit their own IP.
Impact from a macroeconomic perspective
The new IP system represents the UAE's continued ambition to perform on the international stage. The Ministry has expressed that IP rights protections are a priority in its agenda and that IP is a cornerstone of the UAE's sustainable development. This ambition is further supported by the execution of a recent memorandum of understanding between the UAE and the United States (US) with the goal of strengthening collaboration in the application of IP rights protection. The memorandum outlines a 5-year partnership to support and enable US patent holders to register their US patents in the UAE. As outlined in the press release, the aim is to incentivise patent holders to capitalise on opportunities to commercially exploit their patents within the UAE.
Conclusion
The launch of InstaBlock and the new IP system represents a significant advancement in the protection of intellectual property rights within the UAE and underscores a commitment to fostering innovation and safeguarding the interests of content creators and rights holders. While there are some concerns regarding InstaBlock's reliance on AI, the service is poised to enhance IP protection across various sectors, incentivising onshore IP registration and fostering a more competitive business environment. At a macroeconomic level, these efforts align with the UAE's vision to become a global hub for innovation, as evidenced by strategic international collaborations and a growing emphasis on sustainable development through robust IP rights enforcement.
Want to learn more about how your organisation can protect its IP and what the impact of these developments are on your business? Our commercial technology team based in Abu Dhabi frequently advises on matters relating to IP registration, structuring and licensing, with integrated support from a network of IP lawyers within our Middle East, UK and Asia offices.
