Law in Business environment (Research Paper Sample)

Business and Commercial Law
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Introduction
Trademark is the word, phrase or symbol that is used to identify a particular manufacturer or seller's products that distinguish them from other products. The product manufactured may be of the same kind but a trademark distinguishes it from other companies’ product. When such marks are used to identify services rather than products they are called services marks which are generally the same as trademarks (Welkowitz 2002). Trademarks are often governed by both state and federal law of any nation
The products and the services, which contain trademarks, are said to be genuine. However, to what extent is the product with a trademark or service with a service mark is regarded as genuine and original. This paper seeks to explore UAE Federal trademark law in respect of protection of trademark in the UAE and the infringement of UAE trademark law in respect of dangerous counterfeit goods.
Discussion
As a party of the world trade organisation, the United Arab Emirates (UAE) is bound by Annex to the agreement that established the world trade organisation. It requires any manufacturer company to use any sign or combination of signs capable of distinguishing the goods and services from the one undertaking company from other undertaking companies. The owner of the trade mark is commissioned a right to prevent all third parties that do not owner consent to use the trademark in the course of trading similar goods as it can lead to confusion of genuine goods.
Counterfeiting is accrued with companies that manufacture product that are similar with other undertaking companies that produces poor quality products and using the same brand signs of the genuine products (Keenan & Riches 2007). Counterfeiting is the practices of manufacturing goods that are often inferior of quality and proceeds to sell them under the brand name without the brand owner’s authority. Passing off is associated with a misrepresentation made by trader in the course of practising trading to prospective customers of her ultimate consumer of services and goods supplied by her.
Passing off is calculated to injure the business or goodwill of another seller that often causes actual damage to the business (Drysdale & Silverleaf, 1986). While passing off the trademarks can be similarly associated with counterfeiting selling, counterfeit selling can be the ultimate selling of goods that with inferior quality that are embodied with genuine mark of quality from recognized product companies that produce the same kind of goods with superior qualities.
This offers a range of clothing, purses, jewellery, DVDs, CDs, medications, cigarettes, and electronics among other products. Globally among most developing countries and emerging industrialization nations such as Middle East countries, Asian, India and United Arabic Emirates countries, Europe, Africa and other parts of the world are the major states and countries that pronounce goods counterfeiting.
Prices encode of commodities is overwhelm the main reason as to why consumers and manufacturer go for the counterfeit products. Some products may be having low price with the same functionality but with inferior quality. For instance Europe, London is the major chief production of counterfeit goods with substandard and high crimes of passing off laws flaws. Middle East countries and United Arabic Emirates countries such as Dubai, Abu Dhabi, Sharji, Australia and some parts of Africa like Nigeria are the common pronounced states with counterfeiting menace.
The fact that counterfeit products range from warehousing, utensils, clothing, foodstuffs, medicine and drugs, electrical accessories, gadgets among other consumable goods are fatal upon consumption as their impacts are very severe. The dangerous of counterfeit products is touchily experienced on drug distribution. Over the last years, the National Agency for Drugs and Control has been waging war against fake drugs and their manufacturers and producers.
It has noted that a counterfeited eye dropping in the name of genuine eye drops for troubled eye has been noted making patients blind. The medicine counterfeit is blooming, as the medicines tend to appear real and the same as the original standard qualities. According to the World Health Organisation (WHO), the problem of counterfeit drugs and medicine is apparent Africa, Asia and Latin America. The problem is less spread in the industrialised countries while developed countries like United States, Japan and New Zealand record minimal cases of counterfeited drugs and medicine.
In a recession hitting the UAE Dubai, Britain, Asia and other part of the world production of fake liquor have been steered as a way of making money as it considered to be sold cheaply. This has posse lot of risks to people health causing complication from nausea to blindness and even death. Not only the counterfeit product has damage to health and safety concern to the consumer, but also it serious damage to the brand of the owners that the counterfeit goods using as a trademark. In clear terms, the counterfeit practices damages reputation of the whole thing a trademark quality that the product is marked for. This lowers the consumer confidence in the affected brands. Often this is associated with damaged brand reputation that positions the company to the loss legitimate sales opportunities and actual job loss by retailers and manufacturer.
Counterfeiting is linked with organized crime or criminal activity, which may pose fatal threats to the health and safety of the consumer, economy and national se...