التنظيم القانوني لعقد الترخيص باستعمال العلامة التجارية "دراسة مقارنة"
ايمان رفعت صلاح طهبوب
Eman Ref'at Salah Tahboub
This study examines the legal organization of the Trademark Licensing Contract by providing an explanation of the related legal provisions and reviewing some jurisprudential references. This is by comparing the provisions of the Jordanian Trademark Law in force in Palestine and its amendments to the law and analyzing the comparative laws. Also, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) would be explored for a year in addition to the joint recommendation on trademark licenses. This study is divided into parts; the first examines the concept of Trademark Licensing Contract and its characteristics and differentiate it from other similar contracts while the second part deals with the effects of the licensing contract and the legal and illegal conditions for the trademark licensing contract. This study mainly aimed at searching the rules governing the trademark licensing contract in an attempt to develop the legal system in which the contract is subject to, and to emphasize the importance of the trademark licensing contract especially at the current time of growing economic and the advancement in commercial and market transactions. In this research, the mixed approach that combines the descriptive analytical method and the comparative approach is followed to document the conducted research and assign/attribute it to its original sources. It is through the descriptive analytical approach; the legal provisions of trademark licensing contract are analyzed in addition to the principles of law. And by the comparative approach, these legal provisions are compared to other texts, legal principles, comparative judicial decisions and international agreements. In conclusion, the study ended with some important results with regard to the use of the trademark licensing contract. That is the trademark licensing contract gives the right to only use the trademark but not to own it. It is recognized as a temporary, personal and restricted right. And thus, it is rather different than the right to own the trademark. Also, the law applied regarding trademarks in Palestine and the West Bank in particular, is the Jordanian Trademark Law No. (33) of 1952 and it has never addressed the trademark licensing contract in any of its provisions.