What are the possible remedies in case of counterfeit of a work of art in the in the UAE?
Art forgery is a significant concern in the global art market, and the United Arab Emirates is no exception. The UAE has a well-developed legal system that offers various remedies in case of counterfeit art.
Criminal Remedies: Counterfeiting artwork can be a criminal offense under the UAE Penal Code. If the counterfeit is found to be a deliberate act of fraud, the offender can face imprisonment and/or a fine. Criminal charges can serve as a deterrent to others and provide some justice to the victim.
Civil Remedies: The aggrieved party may also pursue civil remedies such as a claim for damages. In this case, they would need to demonstrate the loss suffered as a result of the counterfeit art.
Intellectual Property Laws: If the counterfeit infringes on the copyright of the original artist, the case can be pursued under the Federal Law No. 7 of 2002 concerning copyrights and related rights. The law provides several remedies, including seizure and destruction of the counterfeit copies, injunctions to prevent further sales or reproductions, and compensation to the copyright owner.
Commercial Fraud: The UAE’s Commercial Transactions Law also covers cases of commercial fraud, which can include selling counterfeit art. This law can impose penalties on those who knowingly sell counterfeit items.
Consumer Protection: UAE’s consumer protection laws can also be relevant in such cases, especially when counterfeit art is sold to unsuspecting consumers. These laws provide remedies to consumers who are sold counterfeit or fake items.
Please note that the appropriate remedy will depend on the specific circumstances of the case, including the nature of the counterfeit, the level of knowledge or intent of the seller, and the damages suffered by the victim. It’s advisable to consult with a legal expert or lawyer who specializes in art law in the UAE for the most accurate advice.
Remember that art market relies heavily on trust and reputation. Therefore, preventative measures, such as due diligence before purchasing and authenticity checks, can be just as important as legal remedies after the fact. As the saying goes, “prevention is better than cure.”