Dr. Fuad Shehab Shyyab
Assistant Professor of Commercial Law College of law – University of Taibah – Al Madinah Al Munawarah – KSA

Abstract:

While Kuwaiti law is limited to the use of the term commercial title or “commercial Inwan”, other laws, such as the Emirates, Saudi and Omani, are strictly limited to the term “Trade name”. Considering the varied concepts which must be given to these terms, the study claims to distinguish them according to their compositions and their functions, and to determine the place which each of them should occupy in the business.
In particular, the main question was whether the commercial Inwan could be considered a moral element of the business. The answer was: No, it doesn’t. Hence, the study was divided into two parts. The first deals with the concepts of commercial title and trade name, while the second discusses the transfer of commercial title and trade name.
In the light of Jordanian and French law, a descriptive and analytical approach shows the importance of spreading the spirit of unification for the two terms of the study and for their meanings. Within this objective, the study recommends amending a number of texts to take into consideration the existence of the commercial title and suggests promulgating a law on the trade name in Kuwaiti law.

Keywords: Commercial title, Trade name, intangible elements of business, Transfer of business ownership, Innovative labeling.

Read Full PDF Text (Arabic)