The Commercial Name between Concept and Protection: A Comparative Study of Iraqi and Egyptian Legislative Frameworks

Abstract

This study aims to examine the commercial name in terms of its legal concept and the nature of its protection under Iraqi and Egyptian legislation, highlighting similarities and differences between the two systems and proposing recommendations to develop Iraqi legislation in line with international standards and comparative experiences. The research adopts a comparative analytical approach, analyzing legal texts and judicial jurisprudence in Iraq and Egypt, focusing on: defining the commercial name and distinguishing it from trademarks and trade statements, conditions for acquisition and scope of use, and the legal protection available—civil, criminal, and administrative. The study concludes that there is a clear overlap between the concept of the commercial name and the trademark in both legislations, leading to ambiguities in determining the scope of protection. Furthermore, the legal protection of the commercial name in Iraq is less detailed than in Egypt, both judicially and administratively. Accordingly, the study recommends: unifying legal concepts, issuing a dedicated commercial and industrial property law, and strengthening judicial and administrative roles in protecting commercial names.