تقليد العلامة التجارية في قانون العلامات التجارية الفلسطيني
صائل حمد مسلم الدراويش
sail hamed mslam darwish
The legislator imposed a criminal (penal) punishment on every person who engages in the activity of touching trademarks, with the aim of protecting those marks and fortifying their ownership rights for their owners, against attacks by others, which take a variety of pictures and forms, the most important of which is the imitation of these marks. And considering the trademark as a means to distinguish the products from one another from others, the abuse of it by imitating or using it by others is harmful to both the producer and the consumer and the country as a whole. Because illegal imitation of goods will reduce the quality of the original product and make the consumer obtain a product of poor quality and this is what makes it a prey for deception and deception, and it offends the state because it leads to weakening national and foreign investment in the country. Accordingly, this study aims to identify the concept of the trademark and its types, and the place of penal protection for it, which is represented in the criminalization of trademark counterfeiting by mentioning those actions, the implications of the phenomenon of trademark counterfeiting, the elements of that crime, and the penalties prescribed for it by answering the main problem. As follows: What is the extent of penal protection prescribed for trademarks in Palestinian legislation against counterfeiting crimes? In order to achieve this, the study relies on both the descriptive approach, the analytical approach in its two parts (inductive and deductive), and the comparative approach as scientific tools that contribute to the formulation of reliable results and acceptable and applicable recommendations. This study was divided into three chapters, an introductory chapter, the first and second chapters, and the introductory chapter was devoted to researching what a trademark is in general, including clarifying its concept, types and penal protection for it. As for the first chapter, the bulk of it revolves around the research on trademark counterfeiting in terms of the concept of the imitation process and its implications. As for the second chapter, it came to show the most important legal provisions for the crime of counterfeiting trademarks by examining its elements, the basis for its appreciation, and the penalties resulting from it. The study concludes with several results, the most important of which are: The origin of the protection prescribed for trademarks is civil protection, but penal protection was provided in order to support trademarks to a greater extent than any assault or rape against them. In addition, criminal protection is limited to registered trademarks, while civil protection includes registered and unregistered marks. The one who has the right to initiate a criminal case is the Public Prosecution Office or based on a complaint from the owner of the mark to the judicial control authority. In light of this, the researcher recommended a set of recommendations, the most important of which are: Strict application of procedures for conforming local and imported products to Palestinian specifications and standards, and in preventing any counterfeit or forged trademark from entering Palestine by providing an effective customs system. And tightening financial penalties for infringement of marks in proportion to the size and circumstances of the infringement and the amount and value of the products on which the counterfeit trademarks are placed without a maximum, leaving that to the opinion of the subject court as it sees.