الحماية المدنية لعلامة السلع و الخدمات

الملخص EN

In view of the important role that the goods and services trademark plays, especially in the economic field, the legislator has granted it with a civil protection which is represented in the illegal competition, whether the trademark was registered or not, in order to prevent any kind of violation and establish some commercial stability.

Note that this protection does not relate to the owner of the trademark only, but also includes the trader using it and the one who has the right to exploit it and also the public of consumers.

They can file a lawsuit for illegal competition when the conditions for it are met, including offence, damage, and the causal relationship between them.

The importance of civil protection appears particularly in case the trademark is not registered because it loses the right to the penal protection, and also when the conditions for criminal accountability or the elements of the crime are not met, even if the mark is registered in accordance with the provisions of the law.

Accordingly, this protection compels the offender to pay compensation and stop the assault.