The problem of odor’s non-conventional trade marking between Jurisprudence and Legislation: Comparative Study
Dr. Mohamed Morsi Abdo
Assistant Professor of Commercial Law – College of Law – University of Sharjah – UAE
Abstract:
This study allows for a clarification of the jurisprudential and legislative differences on one of the most important modern trademarks. This study is an attempt to draw the attention of the Arab legislator to the fact that there is a new facet for non-traditional trademarks. Its technical and legal aspects must be understood before it is imposed by the international reality as has been done with regard to the TRIPS Agreement.
The study proves that although there is a jurisprudential disagreement about the registration of odor as a trademark, and the Arab legislator hesitates to recognize the trademarks that are intangible, the French legislator and his American counterpart have recognized the odor’s right to protection prescribed by the trademark system, and that some judicial decisions supported it. The European legislator recently introduced amendments to the trademark regulation of the European Community; it opened the door to the registration of trademarks that could not be directly represented, such as the odor, because of its growing economic value.
Keywords: Intellectual Property Rights, Patents, Trademarks, Innovations, Industrial Property.