Protection of Well-Known Trademarks: A Case Study of Sudan and Egypt

Abstract

The objective of this dissertation is to assess the level of protection in Sudan and Egypt in relation to the Well-known trademarks. When a legal framework is develop to protect it. The need for regulation of such protection is crucial and was highlighted in the society at large, since it will contribute to protecting the products of Well- known trademark in favors of consumers which, are used by a significant majority of the Sudanese and will make a meaningful improvement to their lives, An effective and efficient legal framework for the protection, together with border measures, civil and administrative mechanisms, can play a key role against both counterfeiters and pirate of Well-known trademarks. This study discussed two theories The Economic Theory of Trademark and Incentive Theory. It asses the institutional capacity of a three involved state agencies through highlighting challenges and opportunities and analyze the effectiveness of the statutory provision and it also sought to ascertain Sudan legal framework compliance to international and regional instruments. This dissertation was carried out by use of qualitative research method through interview, focuses on three case study institutions, involving in the protection and enforcement of Well-known trademark, the study interviewed 9 staff of Intellectual Property office and two of the IP court, 9 of custom department, and 9 trademarks agents, and 1 Egyptian intellectual property Agents, Data collected was analyzed through the use of semantic approach. In general, this study concluded that Sudan should emulate Egypt and promulgate a legal framework for the protection of Well-known trademark immediately.