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الحماية المؤقتة للعلامة التجارية : دارسة مقارنة == The Temporary protection for trademark A comparative study
Author name:
بان علاء عمر محمد
Supervisor name:
حسين عبد القادر معروف
General topic:
Law
Specific topic:
Commercial Law
Degree:
Master
University:
University Of Basrah - College Of Law And Politics - Department Of Private Law
Language:
Arabic
University location:
Basrah
First pages:
13T1668 - p.pdf
Abstract:
Temporary trademark protection is intended to preserve the right to a trademark when by it is concerned with the protection of trademark ownership when Paired with a certain period of time, which varies according to the circumstances in which such protection is legislated, or that may protect the trademark from any imminent attack Or maintained evidence from abuse or aggression when it's occurs, when it takes the form of procedure taken quickly. The importance of the research is that it discusses one of the subjects of intellectual right, which is a trademark that is especially important because of the diversity of these marks that distinguish products and services and gain specialty distinguish them from others, as the attack on the right of the trademark is of a special nature, As entail the damage is not limited to the owner's profits and sales, but may damage the value of the trademark and its moral reputation. The temporary protection of the trademark has it's own Provisions. It has not been directly covered by legislation. The Iraqi legislator has dealt with the provisions of temporary protection sporadically between the texts, making it difficult for us to establish a specific framework for such protection or to adopt a clear idea of it. The problem of research is to clarify the situation of Iraqi law on the establishment of this type of protection and it's domain in object and procedure, and the extent to which this protection coincides with developments at the legislative level in the developed countries that adopted this type of protection, And we will try to answer all these questions in the folds of this research. In the research methodology we will use the comparative analytical method. We will divide the research into two chapters, the first chapter of which isSummary…………………………………………………………………………………………………………..bspecified to the study of the definition of temporary protection of the trademark. We divided it into two topics : The conception of temporary protection for the trademark (first topic)' types and conditions of temporary protections (second topic).The second chapter is specified to temporary protections means for the trademark which divided them into two topics, temporary substantive protections means of the trademark (first topic), temporary procedural protections means of the trademark (second topic). One of our most important findings and recommendations is that temporary trademark protection seeks to preserve the right to a trademark when it is concerned with the protection of trademark ownership when coupled with a certain period of time, which varies depending on the circumstances in which such protection is initiated, On the brand of any imminent attack or keep evidence of aggression when it occurs, when it takes the form of actions taken in a hurry. We recommend that the Iraqi legislator in the Law on Trademarks designate a temporary protection section for the trademark that includes the text of the forms, terms and means of such protection
