حماية الأفكار الإشهارية

Abstract EN

The advertising idea is considered to be the basis of any successful advertisement.

Yet, the latter has been a matter in question whether it is protectable on the basis of the author’s right or not?.

For the doctrine and judicature, the advertising idea could not be possessed because it is involved in the public possession, free of circulation and it does not fulfill the required conditions to be protected on the basis of the intellectual property law.

In that vein, and according to the doctrine and judicature the advertising idea is likely to be protected in case of reutilization, irregularity, or counterfeit by one of the competitors.

This could be achieved on the basis of the civil responsibility through the disloyal competition lawsuit in case there is a competition relationship between the parties, or through economic parasitic lawsuit when the relationship is inexistent