Legal Protection Mechanisms for Trademarks and Industrial Brands: A Study of The Yemeni Trademark and Geographical Indications Law and The International TRIPS Agreement

Abstract

This study reviewed the set of legal rules and controls in Yemeni legislation, which all came together to protect trademarks from fraud and imitation, protecting the rights of international companies in the first place, and the rights of licensed companies, or those who created their trademarks in accordance with the legal controls contained in Yemeni legislation, consistent with international agreements, and at the same time protecting the public from counterfeit and fake goods. The study concluded a number of results, the most important of which are: that the protection rules, even in Yemeni law, were not based on humanitarian considerations, ethical rules, and fair principles that address the economic problems of poor countries, and remove obstacles to the flow of goods produced in them to other developed countries and develop the capabilities of emerging industries in Third World countries. Rather, they primarily took into account the rights of Western companies without taking into account their impact on the national economic situation, and what they produce in terms of dependency in the production policy and import of raw materials. The same is the case in organizing the rights of international companies that own famous trademarks, and that it is not easy for developing countries to impose their will on producing countries in licensing contracts, since protection is basically for industrial property rights, subject to the will of the strong party. - Cross-border companies, and the study recommended that Yemen should have a flexible policy to achieve the national dimension, in order to achieve the greatest possible benefit made available to Yemen under the accession protocol. The research reached the rules of possible treatments to protect unregistered trademarks, and trademarks registered in Aden and Sana'a before unification.