A Case Study of Well-Known Trademarks in the Gulf Cooperation Council States: Challenges for Foreign Mark Holders

Abstract

The article examines the gaps that exist in the Gulf Cooperation Council states' harmonisation of their Intellectual Property (IP) laws with those of the greater international community. It provides an analytical insight into the issues pertaining to the protection of well-known trademarks in the GCC countries from the prospective of general legislative frameworks, involving not only existing case laws, but also from a perspective of policy. Indeed, it is most interesting that whilst the GCC has taken steps to legislate for the protection of well-known marks, enforcement of such legislations remains problematic. The legislative frameworks, which this article focuses on, are the result of well-known trademark infringements brought to the courts of the GCC Member States. Although the focus will be on the Gulf States, European Union laws relating to well-known trademarks, in particular the harmonisation of these laws with those of TRIPS, will be discussed in order to provide a comprehensive model that may serve the Gulf Cooperation Council States in reaching harmonisation of their trademark laws.

Keywords: Trademark law; TRIPS; well-known marks; Gulf Cooperation Council States.