Page 203 - مجلة الملكية الفكرية العدد كامل
P. 203
المجلس الأعلى للثقافة- لجنة حماية الملكية الفكرية
and in Egypt, shall have the owned by the plaintiff com-
right to enjoy the protection pany was not registered in
conferred by this Law even Egypt until it obtained the
if such a mark is not regis- protection stipulated in the
tered in Egypt”. Intellectual Property Protec-
tion Law No. 82 of 2002.
The Egyptian council of Hence, the contested deci-
states ruled that “The plain- sion is to reject the objection
tiff company stated that and register the trademark
its trademark is one of the of the defendant company
well-known trademarks. No. (137500)…The present
And since the Intellectu- lawsuit becomes lacking in
al Property Protection Law its legal support is worthy of
promulgated by Law No. 82 rejection21”.
of 2002 stipulated that the
mark enjoy protection - in 2. Practical problems of
the event that it was not reg- the first-to-file system:
istered in Egypt - that it be
well-known, then it enjoys China:
the legal protection stipu-
lated in the Egyptian law. This emphasis on being
This, and since the trade- the first-to-file for trademark
mark of the plaintiff com- applications to obtain prior-
pany has not been proven ity rights has led to prolific
famous in Egypt, because...
In addition, the trademark 21 State Council, Administrative
Court, Economic and Investment Dis-
putes Department, Seventh Circuit,
Session 5/23/2015, Case No. 34440
of Judicial Year 65.
203
