Page 194 - مجلة الملكية الفكرية العدد كامل
P. 194
العدد الثالث- مجلة ثقافة الملكية الفكرية
marks squatting in compar- sovereign nation1.
ative law. We will discuss
these sections in detail as It follows from the incor-
follows: poration of the doctrine of
territoriality into any national
II. What is Trademark law, the courts do not enter-
Squatting? tain actions seeking to en-
force trademark rights that
Article 6(3) of the Par- exist only under foreign law.
is Convention, implements
the doctrine of territoriality As a result, the phenom-
by providing that “(a) mark enon of “Trademark Piracy”
duly registered in a country emerged. this phenomenon
of the [Paris] Union shall be can be divided into two re-
regarded as independent of lated categories. There are
marks registered in the oth- brand pirates and there are
er countries of the Union, trademark squatters2. Brand
including the country of or- pirates operate by taking
igin.” Paris Convention cre- an already known brand or
ates nothing that even re- company name and using
motely resembles a “World
Mark” or an “International 1 Barcelona.com, Inc. v. Excelen-
Registration”. Rather, it rec-
ognizes the principle of the tisimo Ayuntamiento De Barcelo-
territoriality of trademarks [in na, United States Court of Appeals,
the sense that] a mark exists Fourth Circuit. Argued: February 28,
only under the laws of each 2003. Decided: June 2, 2003.
2 Squatter: A person who settles on
property without any legal claim
or title. Bryan A. Garner (Editor in
chief) Black’s Law Dictionary (8th
ed. 2004), P. 4394.
194
