الحماية الوقائة للعلامة التجارية المشهورة في القانون العماني: دراسة مقارنة.

Abstract

Omani Law, in particular, and Arabic Laws, in general, regulate rules for the trademark in details. This regulation comes to protect the rights of the owner of that trade mark on one hand, and to protect the consumer on the other hand. In this context, the well-known trade mark is regulated within this regulation as it is a type of the trade marks. Whereas this trade mark extends beyond the borders of the country where it is registered and becomes known in other countries, it becomes important to protect it in these countries. Protecting it is not concluded only by the rules of civilian liability, but also by precautionary rules which prevent the other traders in the other countries from using this mark. This study comes to disclose the rules which protect this mark in Omani Law in particular, and in other Arabic Laws in general. The study comes with several results; it shows that Omani Law sets rules prevent registration of the well-known trademark in Oman. Further, Omani Law regulates precautionary procedures that prevent the traders from violating the well-known trade mark. Furthermore, Omani Law sets rules for the border measures in this regard. Despite that, Omani Law does not contain a rule prevents using the well-known trademark. In addition, the border measures, in Oman, do not include the unregistered trademark.