Page 202 - مجلة الملكية الفكرية العدد كامل
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‫العدد الثالث‬- ‫مجلة ثقافة الملكية الفكرية‬

ternationally well-known in a        a result, the proprietor may
considerable number of oth-          have to negotiate with the
er countries19.                      squatter for the purchase of
                                     the trademark or involve in
 As a result, the well-known         long-drawn legal proceed-
mark is an exception from            ings before the tribunal and/
the first-to-file system but         or the Court20.
Provided that the mark has
a cross-border reputation             The legislation and the ju-
in the country which can be          diciary in Egypt stipulated
demonstrated before courts           that the trademark must be
by way of documents, the             well-known internationally
squatter may be restrained           and in Egypt as well, in or-
by a Court. The Court may            der for the provisions of the
also grant damages in favor          aforementioned Paris Con-
of the proprietor of the well-       vention to be applied to it.
known trademark. However,
if the said trademark does            Article 68 from Egyptian In-
not enjoy cross-border rep-          tellectual Property Protection
utation (registered or be-           Law No. 82 of 2002 stated
came popular in its home             that “The owner of a well-
country), it will be difficult       known trademark, worldwide
for a proprietor to protect          20 Anoop Verma & Rajalakshmi R
rights in the trademark. As
19 WIPO Intellectual Property Hand-  “Trademark squatting – Jurisdictional
                                     perspectives” 18 August 2022, Avail-
book, WIPO Publication No. 489 (E),  able at: https://www.lakshmisri.com/
Second Edition, Reprinted 2008, P.   insights/articles/trademark-squat-
90.                                  ting-jurisdictional-perspectives/#
                                     Last visit: June 24, 2023. At: 11:49
                                     AM.

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