ماهية الحماية الجنائية للمستهلك في جرائم الاعتداء على العلامة التجارية في القانون الكويتي: دراسة مقارنة

Abstract EN

This paper discusses the provisions of Kuwait laws on protection of the customer regarding the abuse of the trademark by forgery and counterfeit.

this research is divided into two main chapters; the first chapter examines the meaning of criminal protection of the customer in the crimes of trademark abuse and the definition of the customer subject to such protection.

it is concluded that the customer is the natural person the victim of forgery being lacking of the knowledge on the trademark rather than the legal person who has the knowledge and experience on the trademark and subject to protection under other laws.

this paper highlights the extended protection given under several laws such as forgery & counterfeit control law, customer protection law, trademark system law in GCC and law of commerce.

the second chapter discusses the crimes of trademark abuse.

trademark abuse crimes are classified in four types: namely: -trademark forgery crimes -trademark imitation crimes -crimes of inserting a trademark in goods and services without the permission of the owner of such trademark -crimes of using a trademark in selling, merchandising and possession processes without the permission of the owner of such trademark the elements of such crimes are discussed in this research.

the following are the recommendations of this paper: -applying law no.

13 / 2015 on such crimes as the recent law in this matter.

-the natural person is the person to be protected under such laws.

-Kuwait criminal judge should have discretional power in assessing the appropriate sanction with considering the differentiation between the criminal is natural or legal person.

-article 2 / 1 and article 3 / 1 should be merged in law no.

13 / 2015