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Massadeh, Firas
- Consumer Protection in the UAE:The Trademarks Act in Light of TRIPS Provisions
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Further, we also address whether IP laws, mainly the Trademark Act, provide sufficient deterrent and safeguards, or if there is a critical need for additional support, such as Consumers Protection Act or Unfair Competition Act. We highlight the similarities, differences, advantages, and disadvantages of the provisions of the two documents, regarding whether these laws sufficiently cover consumers in law. There are elements lacking in the related laws concerning consumer protection, especially in the Federal Trademarks Act, concerning the time range and scope of protection provided in the Act. We consider if the Act covers the registration period, and if, after the registration period, the Act protects consumers against a mark that has lost its distinctiveness after registration. The IP-related legislation Federal Trademarks Act in particular shall be examined in depth for its flaws and the apparent lack of balance between the interests of trademark owners and that of consumers. We argue that there is an urgent need to amend the Federal Trademarks Law as it fails to balance the rights of trademark owners and those of the consumer, in favour of the owners.
Authors
Affiliations
1 College of Law, Al Ain University of Science and Technology, Abu Dhabi, AE
1 College of Law, Al Ain University of Science and Technology, Abu Dhabi, AE
Source
Journal of Intellectual Property Rights, Vol 22, No 3 (2017), Pagination: 146-153Abstract
This paper examines trade mark protection and its impact on the consumer in United Arab Emirates IP legislation, entitled Federal Trademarks Act No.37 of 1992. This act has been amended according to Federal Act No.8 of 2002 in the light of provision within the TRIPS Agreement of 1994, Section (2), Article 15. The concept of a trademark centres upon it’s distinguish features, and this paper addresses the concept of deception in a misleading mark. We consider the criteria for determining that a mark is misleading or deceptive, how such misleading marks may affect the consumer, and the role of the consumer in defining deception.Further, we also address whether IP laws, mainly the Trademark Act, provide sufficient deterrent and safeguards, or if there is a critical need for additional support, such as Consumers Protection Act or Unfair Competition Act. We highlight the similarities, differences, advantages, and disadvantages of the provisions of the two documents, regarding whether these laws sufficiently cover consumers in law. There are elements lacking in the related laws concerning consumer protection, especially in the Federal Trademarks Act, concerning the time range and scope of protection provided in the Act. We consider if the Act covers the registration period, and if, after the registration period, the Act protects consumers against a mark that has lost its distinctiveness after registration. The IP-related legislation Federal Trademarks Act in particular shall be examined in depth for its flaws and the apparent lack of balance between the interests of trademark owners and that of consumers. We argue that there is an urgent need to amend the Federal Trademarks Law as it fails to balance the rights of trademark owners and those of the consumer, in favour of the owners.
Keywords
TRIPS, UAE IP Rights Legislation, Trademarks, Range of Protection, Consumer Protection, Misleading Trademarks.Full Text
- The Fair Trial Procedure for Intellectual Property in Light of TRIPS Provisions:An Analytical Study of Jordan and The UK
Abstract Views :59 |
PDF Views:35
Authors
Affiliations
1 Public Law Department, College of Law, Al Ain University of Science and Technology P.O. Box: 64141, Al Ain, AE
1 Public Law Department, College of Law, Al Ain University of Science and Technology P.O. Box: 64141, Al Ain, AE
Source
Journal of Intellectual Property Rights, Vol 22, No 6 (2017), Pagination: 320-328Abstract
This study analyses the elements of a fair trial in the context of IP proceedings, comparing between procedural safeguards available in Jordan and the UK (especially England and Wales). Obligations between states at the international and regional level are analysed, along with their implications at the national level in the UK and Jordan, linked to the EU through the Euro-Med Association Agreement with Jordan. The international human rights instruments provide a common framework in accordance with TRIPS provisions interpreted could bridge the gaps that may arise between the British and Jordanian Jurisdictions.The study uses doctrinal comparative and qualitative methods to examine these issues and also the relation between criminal and other methods of enforcement - civil and administrative. Use of criminal procedures may significantly reduce the costs of lengthy civil litigation, and be in the public interest and the interest of all parties. Finally, recommendations are made for Jordan mainly.Keywords
WTO, Common Law System, Civil Law System, TRIPS, Constitutional Reform Act, 2010, Copyright, Designs and Patents Act, 1988, ECtHR, Criminal Enforcement, Procedural Safeguards.Full Text
References
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