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The civil protection of rights in law means the general protection which covers all rights of whatever kind, as all legal rights need the protection by virtue of their quality. In fact, the protection is the thing that gives a meaning to the right and insures its exercising normally and in a calm way. The civil protection of rights deems to be the umbrella that shelters all rights. Like other rights, the rights of industrial property, including the trademark, needs the civil protection which. The right of a trademark is one of these rights which are covered by the umbrella of civil protection. Hence, this search has come to continue the conclusion that the trademark should enjoy the civil protection whether it is registered or unregistered. If the trademark is registered it should enjoy the civil and the penal protection. If it is unregistered, the civil measures of protection are the only available means. The importance of the civil protection becomes clear for the unregistered trademarks whose owner lost his right in the penal protection measures. The same applies to the registered trademark, when an element of the criminal charge is lacking. Hence, this research comes in two parts; the first part covers the legal framework for the trademark while the second part examines its civil protection. By using the analytical inductive approach, the research has come to some results and recommendations. The most important conclusions fall under the registration system of trademarks, and the necessity to lay down some special restrictions on registration of trademarks that contradict ethics or public order. Also, the trademark’s owner shall have the right to prevent any third party from using its registered trademark or a similar one that may cause misleading to the public at large. An important recommendation is the necessity to lay down an accurate definition for the “unlawful competition” in order to identify the difference between the occupational and commercial competition. In addition, an amendment should be introduced in order to allow payment of compensation without being subject to the registration condition or else.
Key Words: civil protection, trademark, unregistered, compensation |
en_US |