Page 201 - مجلة الملكية الفكرية العدد كامل
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المجلس الأعلى للثقافة- لجنة حماية الملكية الفكرية
brand owner refuses to pay, file system and national leg-
the squatter will threaten the islations obstacles:
brand owner with a lawsuit
to prevent the brand owner The question here, Is the
from doing business in the international protection of
squatter’s country18. the well-known mark is
sufficient to protect it from
However, there is an ex- squatters?
ception for well-known
trademarks. So we will talk Paris Convention provides
about the well-known mark in its Article 6bis that a well-
as an exception from the known trademark must be
first-to-file system, and na- protected even if it is not
tional legislations obstacles, registered in the country.
then we should talk about Article 6bis is restricted to
the practical problems of this identical and similar goods,
system as follow: however. Often well-known
trademarks are used by pi-
1. Well-known mark as an rates on totally different
exception from the first-to- goods, or for services. Fur-
thermore, courts sometimes
18 Jonathan H. Love and Patrick require a trademark to be
well-known in the country
Ngalamulume “China: Brand Pro- where piracy is discovered,
tection In China—Beware Of and deny protection, even if
Trademark Squatting” 15 Sep- the true owner of the trade-
tember 2022, Article Available at: mark can prove that it is in-
https://www.mondaq.com/china/
trademark/1230594/brand-pro-
tection-in-chinabeware-of-trade-
mark-squatting Last visit: June 24,
2023. At: 11:47 AM.
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