The Consumer Protection Department of the UAE Ministry of Economy has recently announced plans to set up a consumer protection court in the Emirates. The Consumer Protection Department was established in 2006 and has since focused its efforts on reining in rising food prices. However, it is expected that this new measure will be of more general effect in protecting consumers. The remit of the proposed court has not been clarified, but it is assumed that the court will tackle other issues than overpricing – issues such as piracy and counterfeiting.
The concept of a consumer protection court is also employed in India, where it was introduced to provide consumers with a forum for cheap and efficient resolution of their claims as an alternative to the expensive and lengthy trial process in the regular civil courts. Claims in these courts may be brought by consumers or consumer protection societies and governmental councils. Brand owners cannot initiate action in the consumer courts, as these courts were essentially conceived to provide the common man with a speedy means of redress. Brand owners must therefore go through the regular courts to obtain a remedy.
By way of contrast, the model adopted by the UK for consumer protection does not involve a special consumer protection court. However, enforcement of consumer protection laws is pursued vigorously by the concerned UK authorities – namely the Office of Fair Trading and Trading Standards – unlike their Indian counterparts.
It is hoped that the UAE will combine both these models to establish a consumer court system that is both easily accessible to consumers and complemented by a proactive Consumer Protection Department.
The introduction of a consumer protection court into the UAE will be a great advantage to brand owners. Even if claims may only be brought by consumers or consumer protection bodies, the existence of such a court will increase pressure on businesses to desist from anti-consumer and anti-competitive practices such as counterfeiting and piracy.
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| Manijeh Khan |
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