العلامة التجارية واكتساب الحق فيها وحمايته قانونياً
Abstract
Based on the importance of trademarks, their close connection with commercial activity, and their role in protecting human life from the risks posed by counterfeit and forged goods and products—and the resulting repercussions on the national economy—there arises a need for a special legal framework to regulate trademarks, establish rights for their owners, and prevent various forms of infringement.
Accordingly, this research paper addresses the subject through two sections. The first section answers questions related to the validity of signs to qualify as trademarks and the legal criteria for the validity of such marks. This section is divided into parts dealing with the concept and definition of trademarks, the conditions for their legal validity, their types, their legal nature, and their importance, which is reflected in a set of functions identifying the signs that may constitute a trademark under the law.
The second section answers questions concerning the procedures for registering trademarks under Libyan law and how this law addresses the requirements for trademark protection. This section begins with the procedures for trademark registration and the legal consequences thereof, including the acquisition of rights, ownership of the trademark, the disposition of such rights, and the legal protection arising from them. This protection is justified by the importance of trademarks and their vital role in strengthening commercial identity and safeguarding the rights of their owners.
The study concludes, in general, with a number of findings, the most important of which is that Libya has a specific legal framework regulating trademarks. However, it also reveals that some of its provisions suffer from ambiguity, slowness, and procedural complexities in litigation. This necessitates recommendations to amend certain legislative provisions in order to keep pace with modern and rapidly evolving systems and international developments, thereby ensuring comprehensive legal protection for trademarks in Libya.
