Australia–UAE CEPA: A New Chapter for Trade, Innovation and Intellectual Property

When the Australia–United Arab Emirates Comprehensive Economic Partnership Agreement (UAE-CEPA) entered into force on 1 October 2025, it did more than remove tariffs on key Australian export products such as beef, barley, or dairy. UAE-CEPA will reshape the legal architecture governing intellectual property, digital trade, and creative industries between the two nations.

UAE-CEPA is the UAE’s most liberal trade agreement and Australia’s first with a Middle Eastern economy. Key benefits of UAE-CEPA for Australian businesses are faster access to an extremely wealthy, innovation-driven export market, and a more predictable environment for patents, trade marks, and technology transfer.

1. IP Commitments: Raising the Floor for Rights Protection

UAE-CEPA contains a full chapter on Intellectual Property. While not rewriting either country’s IP laws, it sets binding standards for transparency, enforcement, and cooperation.

Key elements:

• TRIPS-plus obligations: Both countries reaffirmed commitments under the WTO’s TRIPS Agreement and agree to maintain high level of protection for copyright, trade marks, patents, and trade secrets.
• Civil and border enforcement: Customs authorities in both countries can take ex officio action against counterfeit and pirated goods. This is critical for Australian brands vulnerable to parallel imports through the Middle East.
• Cooperation mechanisms: IP Australia and the UAE Ministry of Economy will share best practices on IP rights examination, digital filing systems, and public awareness on IP issues.
• Digital environment: UAE-CEPA recognises the importance of protecting IP in online markets, including domain name registration systems and e-commerce platforms.

For exporters of branded consumer goods, film, fashion, or agricultural technology, the agreement provides more certainty that IP assets will be enforceable in UAE courts and through Customs.

2. Innovation and Technology Transfer

The UAE is investing heavily in AI, renewable energy, space, and biotech under its “We the UAE 2031” strategy. UAE-CEPA complements this by opening pathways for R&D collaboration and tech licensing.

Australian universities, research institutions, and start-ups can now enter joint ventures with fewer equity restrictions and clearer IP ownership rules. This is particularly relevant in sectors like:

• Clean energy and hydrogen
• Agricultural technology and food security
• Digital health and telemedicine
• Cybersecurity and financial technology

These partnerships often hinge on patent ownership and technology-transfer clauses. The UAE-CEPA offers legal certainty and helps reduce negotiation friction.

3. Opportunities for IP-Rich Industries

• Creative industries: UAE-CEPA facilitates collaboration between Australian film, design, and gaming sectors and the UAE’s growing media hubs. Copyright enforcement commitments will strengthen investor confidence.
• Education & EdTech: Universities exporting courseware or licensing educational software will benefit from better defined IP protections on digital content.
• Geographical indications: Geographical indications and certification marks gain clearer treatment under CEPA’s trademark provisions, an advantage for producers marketing Australian-origin goods like wine and honey.

4. The First Nations Chapter: Cultural IP at the Forefront

Unusually, UAE-CEPA contains a stand-alone First Nations chapter, Australia’s first of its kind. While non-binding, it creates a framework to promote Indigenous cultural intellectual property (ICIP) in trade and investment. This may evolve into cooperation on authenticity labelling, Indigenous design recognition, and fair commercialisation of cultural heritage, areas often overlooked in traditional trade agreements.

5. What IP Holders Should Do Now

Businesses considering expansion into the UAE or using it as a hub for the wider Middle East should:

1. Review trademark portfolios – The UAE is a first-to-file jurisdiction; early filing remains essential.
2. Audit licensing contracts – Ensure IP clauses align with CEPA’s standards on dispute resolution and jurisdiction.
3. Use customs recordals – Take advantage of enhanced border measures for counterfeit detection.
4. Monitor CEPA’s implementation committee – Both governments will issue periodic updates and work plans on IP cooperation.
5. Consider defensive domain registration – CEPA’s recognition of digital IP doesn’t replace the need for preventive domain management.

For professional guidance on protecting trade marks, patents, and creative assets in the UAE, contact our team of IP Advisers and Trade Mark Attorneys.