Page 219 - مجلة الملكية الفكرية العدد كامل
P. 219
المجلس الأعلى للثقافة- لجنة حماية الملكية الفكرية
agent - Al-Yamama Trad- Then the court decided to
ing and Distribution Compa- cancel the decision with the
ny - the defendant company consequences that would
then made a police record. follow, the most important of
Harmful to the plaintiff com- which is the suspension of
pany whose goods were the registration of the afore-
withheld, and were not dis- mentioned mark in the name
tributed in the Arab Republic of the defendant company. It
of Egypt because of these is worth noting that the Su-
police records. preme Administrative Court
approved this ruling.
Accordingly, the initiative
of the defendant company B. legislative efforts:
to request the registration of
this mark in its name entails Australia:
bad faith and malicious in-
tent for the plaintiff company, Until the Act was amended
and since the management by the Trade Marks Amend-
has rejected the plaintiff ment Act 2006 there was no
company’s objection, and provision for opposing reg-
has decided to proceed with istration on the basis that the
the procedures for register- application for registration
ing this mark, then it has vi- was made in bad faith. The
olated the provisions of the Registrar’s experience had
law and the considerations shown that such a provision
for which it was legislated. was necessary because
of instances where trade-
mark applicants deliberate-
219
