20 ALRAQABA . ISSUE 18 Second: The Paris Convention for the Protection of Industrial Property The Paris Convention is not a novel notion. It was first introduced in 1883, and it applies to industrial property in its broadest concepts. It includes patents, trademarks, graphs, and industrial designs. It also includes utility models, service trademarks, commercial names, and geographical data. In addition, the Paris Convention defies unfair competition. This International Convention is considered a major step towards helping creators to protect their intellectual property in other countries. The State of Kuwait is amember of this convention according to Law 2014/36, which approved the joining of Kuwait into The Paris Convention for the Protection of Industrial Property. Regarding the protection of trademarks, Article (1) of the Law states that the countries governed by this Convention shall establish a union to protect industrial property. The protection includes patents, utility models, graphs, and industrial designs. As well as, industrial, commercial, and service trademarks which are the subject of this article. The Scope of Legal Protection Regarding Legal Personnel Law No. 2015/13 on approving the trademark system in GCC countries, has offered protection to trademarks in GCC countries that have joined the Convention. According to Article (13), any party who applies for registering a trademark has the priority to register based on a prior application registered in any member country of the Convention. Such is the case if the trademark was registered in the State of Kuwait. References: 1. Law No. 2014/36 on approving the joining of the State of Kuwait to The Paris Convention for the Protection of Industrial Property, which protects trademarks on the international level. 2. Law No. 2015/13 on approving the trademark system in GCC countries and its executive regulations. Moreover, the trademark owner may ask for temporary protection if their product or commodity meets all the registration terms and conditions during a fair or exhibition held in GCC countries or other, without the need to register the trademark again in the country where the fair is held. As for The Paris Convention for the Protection of Industrial Property, Article (1) states that countries within this Convention shall form a union, which ensures the protection of industrial property. If a trademark was registered in any member state of this Convention, it can be used as proof of ownership in any other member state of this Convention. In the end, and based on the above, we would like to empahsize that trademarks comprise the basis of the economy, and that the protection of the trademark would entail the following; first, protecting the local and international economy that countries and governments depend on; second, protecting consumers from confusion between high-quality original trademarks and other less-quality imitated ones; and third, protecting trademark owners from unfair competition that may compromise their business. Legislations
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