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262 NOTE ON INTELLECTUAL PROPERTY PROTECTION IN GAZA* The Palestinian Trademark Law and the Patent & Design Law are in force and implemented by the Trademark and Patent Office set up in the Gaza Strip. A similar yet independent situation is currently prevailing in the West Bank of Jordan. The National Palestinian Authorities may set up a unified Trademark Registry in a "convenient location" and implement a unified intellectual property law to meet the latest challenges. In that event too, transitional provisions may be provided for re-validating the intellectual property rights obtained in the West Bank and Gaza Strip. TRADEMARKS The Law is the Palestinian Trademark Law No. 35 of 1938. A trademark is defined as a mark used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with or offering for sale. Trademarks which are non-distinctive, descriptive and similar to a prior registration are non- registrable. Public logos, official hallmarks, flags and the like, trademarks against public morals, marks similar to Red Cross/Red Crescent; marks of purely religious significance, names, portraits of persons (except with their consent)
Arab Law Quarterly – Brill
Published: Jan 1, 1995
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