الحماية القانونية للعلامات التجارية في التشريعات الوطنية و الدولية

الملخص EN

The study dealt with the legal protection of trademarks in national and international legislation.

The problem of the study was represented in the deficiency of legal texts on the legal protection of the trademark that did not indicate sufficient information about the protection provisions that are given to the trademark, especially the unregistered mark, as well as the deficiencies in previous studies on trademarks that did not indicate an adequate and comprehensive statement about trademark protection and this research seeks to know the legal provisions related to the national and international protection of trademarks and to address the deficiency of legal texts in order to develop the trademark law.

The importance of the study stemmed from the importance that trademarks have acquired in the Sudanese economic activity in general and in the commercial sector in particular.

The importance of the trademark in differentiating between the business of traders and manufacturers due to its close connection with the commercial field, knowing the trademarks and the protection provisions that they are provided in the law, the study followed the descriptive approach, the analytical approach and the comparative approach, the study concluded the following results: That there are no special rules for civil protection for the trademark in Good law Danny and in comparative Arab laws has led to the failure to resort to the current rules of tort liability despite the fact that the application of these rules has revealed its inability to deal with all cases of compensation, the study reached several recommendations, including: The need to amend the Sudanese Trademarks Law 1969 in order to keep pace with the modern commercial era In determining the types of crimes that occur against the trademark and abolishing the text of Article 27/2 that prohibits the owner of the unregistered trademark civil protection because this text violates the rules regarding his civil responsibility and inviting the legislator to organize the unlawful competition lawsuit by a special law.

Marks whose registration is prohibited and on the commissioner’s face are signs that are contrary to public order and public morals.