The Legal Protection of Trademarks (A Comparative Study)
Abstract
Trademarks are one of the most important industrial property rights, given their direct and daily relationship with the public through the purchase of goods and the receipt of services. This research aims to build a clear understanding of the legal framework for trademarks in Libya law, comparative analytical approach. The trademark serves as the kay element in distinguishing between goods, products, and services, taking various forms and preforming multiple function. Legal systems and international agreements have granted trademark owners’ rights that enable them to defend their trademarks against third parties, provided they follow the prescribed procedures to acquire these rights. This study highlights the different countries approaches regarding the acquisition of trademark rights and examines how the laws of various countries, including Libyan law and international agreements, regulate the registration, publication, and cancellation of the domestic and foreign trademarks, along with the obstacles to registration, the duration of protection, and how to handle disputes involving third parties. It also addresses the infringements, imitation, and counterfeiting that may occur, leading to consumer deception and harm to the trademark owner. Such actions are considered violations of the protected trademark owner’s rights, subject to civil or criminal penalties, or both, in order to evaluate the extent to which legislation and international agreement align with the requirements of commercial activity.
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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
