The Impact of Digital Transformation on Applying Rights in Rem of Trademarks | ||
| Journal of Intellectual Property and Innovation Management | ||
| Article 7, Volume 5, Issue 4, December 2022, Pages 159-178 PDF (2.73 M) | ||
| DOI: 10.21608/jipim.2023.301685 | ||
| Author | ||
| Mohamed Aboelwafa Abdelmoneim Abdelwahab | ||
| Niip | ||
| Abstract | ||
| A trademark is one of the valuable assets that reflects entity’s goodwill, and any holder seeks to maximize their benefits from trademarks using his legal rights over them. The trademark is defined in Article 63 of the Egyptian IP Law number 82 for the year 2002 similar to Article 15 of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The Egyptian IP Law number 82 for the year 2002 in Article 87 indicated that a trademark could be assigned to others and any rights in rem could be applied over trademarks independently from the entity. In addition, trademarks could be seized. Rights in rem related to assignment and licensing of trademarks are indicated in Article 21 of TRIPS. This paper will discuss the rights in rem that could be applied on trademarks and how applying information technology on the relevant procedures at the governmental trademarks offices could affect the time frame of issuing the final decision from these governmental authorities. This paper will be conducted as a comparative study between the Egyption Trademarks Office who adopt manual system in applying rights in rem and the United States Patents and Trademarks Office (USPTO) who adopt electronic system in applying rights in rem of trademarks. | ||
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