Page 210 - مجلة الملكية الفكرية العدد كامل
P. 210
العدد الثالث- مجلة ثقافة الملكية الفكرية
the United Kingdom (1938). did not register it, provided
The fact that countries can that if the mark was reg-
run a first-to-use along- istered and the registration
side a first-to-file system is was associated with its
still recognized today in the use without a dispute from
preamble of the Trademark anyone within the five years
Directive and in Article 16-1 following the date of regis-
TRIPs34. tration, then the presump-
tion becomes conclusive,
Egypt: According to Ar- and no one is accepted to
ticle 65 of the current In- claim ownership of it on the
tellectual Property Rights basis that he was earlier in
Protection Law No. 82 of using it The mark in whose
2002, ownership of a mark name it is registered35.
arises through use and not
through registration, and It should be noted that the
registration is only evidence current law has set aside
of the priority of use. This Article 3 of the repealed Law
presumption is simple, and No. 57 of 1939, which was
its reversal may be proven previously argued to be un-
within the five years follow-
ing the date of registration. 35 Dr. Walid A. M. Amin “Registra-
This means that the law
protects the one who used tion of Trademarks internationally
the mark even though he according to Madrid System between
the international texts and the nation-
34 Alexander Tsoutsanis op.cit, p. 15. al legislation for the United States of
America, European Union and the
Arab Republic of Egypt (Legislative-
ly, jurisprudence, and judiciously)
first edition, 2021, p. 718.
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