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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