Document Details

Document Type : Thesis 
Document Title :
Legal protection of trademark in the Saudi system
الحماية الجنائية للعلامة التجارية في النظام السعودي
 
Subject : Legal protection of trademark in the Saudi system 
Document Language : Arabic 
Abstract : Praise be to God! and the prayer and the peace on Prophet, after: Trademarks, now more than ever, have become the most important industrial property rights and the most significant issue in the legal field due to their widespread and extensive use in the industrial and commercial products, besides their power of attraction to both customers and consumers. Trademarks therefore serve the exclusive function, principles and purposes of economic competition according to which the owners of trademarks strive hard and seek to excel and dominate each other. Accordingly countries were motivated to develop rules and sign several international agreements and conventions for the protection of trademarks against abuse and unauthorized use of trademarks, and incriminate any infringement of this kind. The last and famous agreement in this respect was the TRIPS convention held in 1994, which is signed by most of the countries including the Kingdom of Saudi Arabia. In compliance with this convention, the Kingdom of Saudi Arabia has issued a new Saudi Trademarks Law by the Royal Decree No: (M/ 21) dated 28/5/1423H. hence revoking the Old Trademarks issue by the Royal Decree No: M /5 dated 4/5/1404 H. in a move to cope with the legal developments resulting from the International Trade Organization convention and TRIPS Agreement. Writing in this subject is selected due to the great importance of the trademarks. The researcher has divided this study into two chapters. The first chapter provides definition of trademarks, the subject matter of protection, their development and discussed the distinction between trademarks and some similar paralleled expressions besides explaining the types and shapes of trademarks, conditions for their validity, registration procedures and the resultant effects on registration. The first chapter also covers the explanation of the relationships of trademarks with the intellectual property rights and the international commitment related to the protection of trademarks. In Chapter Two of the study we addressed the objective and substantive provisions that rationalize the legal handling of the violations and infringements that occur to the trademarks and the corresponding penalties decided by the law as punishment for the same. In Chapter two also, we discussed the procedural principles of the Saudi Trademarks Law related to the pursuit of offenders, and we have classified these principles into several phases; the first phase is concerned with the collection of material evidences, followed by the preliminary investigation phase, then the phase of filing a general lawsuit and the final phase of adjudication and its related transactions and procedures required for the enforcement of law and passing of judgment. All these actions are processed on the basis of the latest Saudi Trademarks Law and its Executive Regulation issued on 28/5/1323H. The researcher concluded his study by presenting some results and recommendations, which according to his belief should be taken into consideration for the sake of achieving the essential goals of protecting the trademarks and incrimination of infringement offenders. 
Supervisor : Dr. 
Thesis Type : Master Thesis 
Publishing Year : 1429 AH
2008 AD 
Added Date : Saturday, November 7, 2009 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
جمعان محمد الزهرانيALZahrani, Jamaan MohammadResearcherMaster 

Files

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 24378.pdf pdf 

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