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Module Two: Trademarks and Unfair Competition

Part One: Trademarks

Introduction

Definition
Kinds of Marks:
Trademarks
Service marks
Collective marks
Certification marks
Famous and well-known marks and their special status:
Criteria for considering a mark famous
Famous and well-known marks on the international forum
(Paris Convention and TRIPS)
WIPO Joint Recommendations concerning protection of well-known marks
Scope of protection
Arab Society for Intellectual Property 2005

Registrable Trademarks:

Kinds of Registrable Marks.
Requirements for Registerability:


Legality
Distinctiveness


Unregisterable Trademarks
Registration Procedure


General Overview on the procedure
Examination (form & substance)
Searching
Acceptance and Publication
Modification of a Trademark
Registration Form

Cancellation of Trademark Registration:


Subject Matter of Cancellation.
Invalidity
Revocation
Assignment by the Trademark Owner
Expiry
Non-use

Ownership and Rights Conferred

Ownership:
First to use
Right of priority
Honest concurrent use
Rights conferred:
Exclusivity of the trademark
Right of Exploitation
Assignment
Use
License
Mortgage and seizure
Prohibition of unauthorized use
Trademarks Piracy
Counterfeiting
Imitation of labels and packaging
Other prohibited acts
Establishment of infringement
Pre-requisitions of infringement

Legal Protection

Civil action
Criminal action Arab Society for Intellectual Property 2005
Provisional protection
Remedies available

Training

Three weeks real work experience

Part Two: Unfair Competition

General Definition


What is Unfair Competition?
Criteria of Fairness
Requirements of Unfair Competition
Use in Trade
Competition in Commercial or Industrial Businesses
Competitive Relationships
Intent or Actual Damage

Types of Unfair Acts


Causing Confusion


General Approach
Types of Confusion
Confusion as to the Establishment
Establishment Get-up, Decoration and Advertisements
Trade names
Confusion as to the Products or Services
Indications/business identifiers
Trademarks
Product’s outer appearance

Discrediting Competitors


General approach
Subject matter of disparagement
Reference to competitors, or to products/services
Disparagement and defamation
Statements of Facts
True and false statements
Conditions for liability
Comparative advertising

Misleading


General approach
The concept of misleading
The subject matter of misleading
Communication of misleading statements.
Puffing and exaggerations
Subjective requirements and burden of proof.
Examples of misleading actsAraociety for Intellectual Property 2005

Other Acts of Unfair Competition


Free riding
Nuisance Advertising
Comparative Advertising
Sales Promotion
Impeding of Market Activities
Dumping

Legal Protection


Civil Protection
Provisional Protection
Remedies Available
Case Studies

Training

One week real work experience