Imitation of a trademark as a form of unfair competition for a trademark in Yemeni law “a comparative study”

Abstract

Since the right to a trademark: is a moral interest recognized by law through its registration, which entails authority, entitling its owner - the person in whose name it is registered - the right to dispose of the trademark registered in his name, and to benefit from it, use it, and exploit it. It also confers on him the exclusive right to prevent others who have not obtained his approval from using it. Trade marks that are identical or similar to them. Because every right is accompanied by a duty; It is the duty of others (among its competitors) to respect that right, and any violation of that duty is considered an infringement and unfair competition for the trademark. Because this infringement may be done by imitating the trademark; Therefore, this research dealt with the study of trademark counterfeiting as a form of unfair trademark competition in Yemeni law, in two sections. The first section dealt with: the concept of trademark counterfeiting, so it explained the definition of trademark counterfeiting and its standards, and the second section dealt with: the conditions for counterfeiting as a form of unfair competition. We arrived at results and recommendations. The results are that the laws did not define trademark imitation as a form of unfair competition. They did not define it and did not specify its standards or conditions. As for the recommendations, since the Yemeni legislator Counterfeiting is not defined as a form of unfair competition for a trademark, so we suggest adding a definition that includes the definition and conditions for counterfeiting as a form of unfair competition for a trademark in Article (3) of the Trademark Law regarding definitions, as follows: Counterfeiting a trademark: is a commercial fabrication. - Unauthorized - for a mark similar to the registered mark for the purpose of using it on goods or services similar or similar to those for which the mark was registered when such use could lead to the possibility of confusion and misleading among the public.