Articles

Prof. Salah Zaineddin

The Legal Provisions of the Development of “New Plant Varieties”.

Abstract

New creations, innovations and discoveries are the foundation of intellectual property rights, leveraging societal status. One recent intellectual creation is that of “new plant varieties”. The development contains a large degree of innovation, qualifying the genre for legal protection under intellectual property laws. There are many ways to provide protection for the genre, such as the patent system, a special individualized system, or by a mixed system of both. Therefore, this paper focuses on the legal provisions in the development of “new plant varieties” under the 1961 International Convention for the Protection of New Varieties of Plants (UPOV) and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights.

Keywords

Intellectual Property Rights; Plant Varieties; TRIPS; UPOV Agreement

Author: Salah Zaineddin
Journal: Unavailable
Volume: Unavailable
Issue: Unavailable
Year: Unvailable
Place of Publication: Unavailable
Language: Unavailable
ISSN: Unavailable

The Fairness of Exclusive Right Granting to Drug Patents during the COVID-19 pandemic in light of the International Conventions and Qatari Law

Abstract

There can be no denial that scientific and technical progression have greatly served humanity. Both have facilitated cooperation between states and merged human society. It has turned the world into a small community where the impact of events can spread quickly. Some events negatively impact those who are relatively isolated more so. One contemporaneous yet serious example is the propagation of COVID-19. The COVID pandemic sparked a race between international pharmaceutical companies in the pursuit of curative patent(s). This research attempts to review the exclusive right for drug patents considering the COVID19- pandemic. It investigates the morality of this ‘right’, which is protected in international conventions and domestic laws. It analyses possible legal solutions outside of the control of drug companies. It considers factors that mitigate the effects of this exclusive right given the costly burden it places on the public health systems of countries that are unable to provide adequate care due to financial constraints.

Keywords

Right of Exclusivity; Drug patents; Compulsory licensing; COVID- 19; TRIPS Agreement; Qatari Law

Author: Salah Zaineddin
Journal: International Review of Law
Volume: 10
Issue: 3 (Special Issue on the conference of “Law in the Face of Global Crises: Means and Challenges)
Year: 2021
Place of Publication: Doha – Qatar
Language: Arabic
ISSN: 2710-2505

The Future of Commercial Corporations’ Employment Contracts after COVID-19

Abstract

COVID-19 significantly impacted all aspects of our society. Although humanity has previously experienced pandemics, COVID-19 caused an unprecedented effect on global economies. Corporations scrambled to change working systems to adapt to the effects of the pandemic. Many transitioned to operating online and laid off workers. The re-evaluation of workers and consumer rights was an inevitable consequence. Workers typically under reduced contracts and or utilizing online working systems instead may potentially lower the quality of products. Another important consideration is the protection of sensitive and private information of corporations. As workers conduct tasks from home, outside the security of company buildings, corporate secrets could be leaked. There are further important considerations for monitoring workers as they work from home to ensure their contractual commitments are fulfilled.

Keywords

Cyber Security; Unfair Competition; Online employee mistakes; Working inside a closed circle; Electronic Archive; Parallel Employment Contract.

Author: Salah Zaineddin
Other Authors: Yasser Abdul Hamid Al-Iftihat
Journal: Journal of law and humanities Sciences, Université Ziane Achour de Djelfa.
Volume: 14
Issue: 1
Year: 2021
Place of Publication: Algiers – Algeria
Language: Arabic
ISSN: 1112-8240

The Supervision of Legal Systems in Activating Precautionary Legislations in Urgent Cases – Coronavirus (Covid-19) as an Example

Abstract

The coronavirus has caused huge global economic struggles, majorly in health, legal and preventive systems. The timing makes the pandemic dire following various recessions. The Coronavirus pandemic followed the economic recovery of many countries in global trade competition where the interests of countries succeed at the expense of global humanity priorities. Especially in matters related to public health and natural environment deterioration. The pandemic has highlighted the necessity for re-evaluating societal priorities, hence the importance of this research. We applied an inductive study and analytical analysis of the preventive legal controls that contribute to addressing the importance of prioritizing public health and environmental concerns in societies. This should be at the top of state priorities.

Keywords

Coronavirus (COVID-19); Legal preventive measures; Environmental Protection; Public and private interest; Precautionary Principle; “Al-Ghorm Bil Ghonm”

Author: Salah Zaineddin
Other Authors: Yasser Abdul Hamid Al-Iftihat
Journal: International Review of Law
Volume: 9
Issue: 4 (Special Issue on [Law and COVID-19])
Year: 2020
Place of Publication: Doha – Qatar
Language: Arabic
ISSN: 2223-859X

The Blockade of Qatar: Between Legal Justice and Political Arbitrariness

Abstract

On June 5, 2017, the Kingdom of Saudi Arabia (KSA), the United Arab Emirates (UAE), the Kingdom of Bahrain, and Egypt issued statements against the State of Qatar announcing the severance of ties, including diplomatic relations. The Qatari diplomatic mission was given 48 hours to leave these countries. Qatari nationals were banned from travelling to KSA, UAE, Bahrain, and Egypt, and Qatari residents and visitors were given 14 days to leave. The four countries quickly imposed a land, air and sea blockade on Qatar, claiming this precautionary due to security reasons and accused Qatar of supporting “terrorist groups” such as the Muslim Brotherhood, Hamas, the Taliban, ISIS and Al-Qaeda. This study highlights the “unjust” and “oppressive” aspects of the blockade, or the boycott, on Qatar.

Keywords

Qatar’s blockade; International and regional conventions; League of Arab states; Gulf Cooperation Council; Organization of Islamic Cooperation

Author: Salah Zaineddin 
Other Authors: Khaled Saleh Al-Shamri
Journal: International Review of Law
Volume: 2018
Issue: 4 (Blockade Special Issue)
Year: 2018
Place of Publication: Doha – Qatar
Language: Arabic
ISSN: 2223-859X

Civil protection for integrated circuit designs with respect to trips agreement and Jordanian Law.

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Unavailable
Volume: Unavailable
Issue: Unavailable
Year: 2018
Place of Publication: Amman– Jordan
Language: Unavailable
ISSN: Unavailable

Civil protection for integrated circuit designs with respect to Qatari Law and international conventions.

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: LexisNexis
Volume: Unavailable
Issue: Unavailable
Year: 2018
Place of Publication: Doha – Qatar
Language: Unavailable
ISSN: Unavailable

The Gulf Crisis The blockade on The Legal Scale.

Abstract

The Gulf States, the Kingdom of Saudi Arabia (KSA), the Kingdom of Bahrain and the United Arab Emirates (UAE), along with the Arab Republic of Egypt, have issued separate statements against the State of Qatar to imply a blockade on land, sea and air. These States attributed their decisions to security and precautionary reasons, claiming that the State of Qatar was promoting the seeds of discord and division within the societies of those countries, in addition, that Qatar was supporting terrorist organisations, despite the State of Qatar’s rejection of these allegations and its explicit response. Qatar claimed it had been subjected to a campaign of incitement based upon slander that amounted to complete fabrication and that the measures taken against it were only consequences of the policy of imposing guardianship over it by the Arab Quartet in violation of international law and the principle of international sovereignty. This study examines the repercussions of the Qatari blockade from a legal point of view to show whether the decisions of the Quartet agree with or contravene the rules and principles of international law in general. Further, whether they are contrary to the constitutions of the four blockading countries themselves or the Gulf Cooperation Council Directives, the agreements emanating from it, the well-established principles emanating from regional organisations and the resulting agreements, as well as the principles of international trade law in general related to this type of international crisis.

keywords

Qatar’s blockade; International conventions; League of Arab states; Gulf Cooperation Council; Organization of Islamic Cooperation 

Author: Salah Zaineddin
Journal: The Legal and Judicial Journal, Ministry of Justice
Volume: 11
Issue: 2
Year: 2017
Place of Publication: Doha – Qatar
Language: Arabic
ISSN: Unavailable

Standards for Trademark Infringement and Counterfeiting in the Jurisprudence and applications in the Jordanian judiciary

Abstract

This research deals with trademark infringement and its applications with the Jordanian judiciary. This research consists of two sections. The first section deals with the definition of trademark infringement, and counterfeiting, considering the similarities between the two trademarks rather than the differences. It focuses on the general appearance of the two trademarks rather than partial elements, adopting the criterion of the average consumer rather than the discerning or the inattentive consumer, as well as the criterion of not observing both trademarks side by side. The second section presents the Jordanian judiciary’s findings on the disputes of trademark infringement and counterfeiting. The research concludes by presenting the most important findings and recommendations.

Keywords

Trademark; famous trademark; trademark infringement and counterfeiting; Jordanian trademark law

Author: Salah Zaineddin
Other Authors: Husam Botosh
Journal: Kuwait international Law School
Volume: 4
Issue: 13
Year: 2017
Place of Publication: Kuwait – Kuwait
Language: Arabic
ISSN: 2410-2237

The Rules of Copyright and Related Rights under Qatari Law

Abstract

This study deals with the legal provisions of Qatari Law No. 7 of 2002 on the Protection of Copyright and Related Rights. The purpose of this study is to evaluate the extent of the aforesaid law in covering those rights and then identify the suitability of these provisions to regulate and protect the copyright and related rights. This study is divided into two parts. Part one deals with copyright, and in particular, it defines the author and the work. It highlights the conditions of copyright protection, discusses the scope of the legal protection for the works, and addresses the moral and financial rights pursuant to copyright and disposes of the financial rights of the author. In short, this part of the article examines all aspects of the legal protection of copyright. Part two provides a definition of the neighbouring rights, and it addresses the rights and legal protection of owners of these kinds of rights. In conclusion, the study provides several findings and recommendations.

Keywords

Copyright; Related Rights; Copyright Protection; Authorship; Ownership; Moral Rights; Financial Rights

Author: Salah Zaineddin
Journal: Kuwait international Law School
Volume: 13
Issue: Unavailable
Year: 2016
Place of Publication: Kuwait – Kuwait
Language: Arabic
ISSN: 2410-2237

Unfair competition in light of the Qatari law

Abstract

The present research deals with unfair competition considering Qatari Trade Law No. 27 of 2006. This research introduces competition, and it is divided into three parts. The First part focuses on the definition of unfair competition; the Second part covers the kinds of unfair competition; while the Third part deals with the suit of unfair competition and summarizes the main findings and recommendations applicable to Qatari law.

Keywords: Qatari trade law No. 27 of 2006, Competition, Fair Competition, Prohibited Competition, Unfair Competition, Type of Unfair Competition, Trade, Merchant, Consumer, kinds of unfair competition, Suit or claim of unfair competition, Wrongdoing, injury, Correlation.

Keywords

Qatari trade law No. 27 of 2006; Competition; Fair Competition; Prohibited Competition; Unfair Competition; Type of Unfair Competition; Trade; Merchant; Consumer; kinds of unfair competition; Suit or claim of unfair competition; Wrongdoing; injury; Correlation

Author: Salah Zaineddin
Journal: Kuwait international Law School
Volume: 16
Issue: 4
Year: 2016
Place of Publication: Kuwait – Kuwait
Language: Arabic
ISSN: 2410-2237

Procedural Protection of Industrial Property Rights as per UAE Law

Abstract

Industrial property, as per UAE Law, includes patents, beneficial use, industrial drawing, and industrial model deeds. The invention is creating something new and novel; therefore, it should be a creative idea or activity that supersedes the existing industrial ones. UAE Law defines a patent as a protection deed granted by the state to new inventions; a beneficial use deed is defined as a protection deed granted by the state for an invention which is less than a patent. Industrial drawing is any innovative configuration of lines or colors that generates a product which may be used as an industrial or craft product, whereas the industrial model is defined as any innovative three-dimensional shape which gives a special appearance and may be used as an industrial or craft product. Procedural protection aims to provide early protection to industrial property rights against infringement. This is done by means of granting the owner of the patent, beneficial use or industrial model deeds the right to submit the application to the competent court to issue him temporary and protective procedures against whoever violates his property rights. The study focuses primarily on such procedures as per UAE Law No 17 of 2002, concerning the Regulation and Industrial Property Protection, which is referred to in this study as UAE Law. Study consists of an introduction to industrial property rights and two other sections, the first of which is on the determination of such rights as per UAE Law, whereas the second is on the temporary protection of industrial property rights as per the same law.

Keywords

Patent; Procedural Protection; Industrial Property Rights; Industrial Drawings; Industrial Models; Temporary Protection; Protective Confiscation

Author: Salah Zaineddin
Journal: Police thought Review
Volume: 87
Issue: 22
Year: 2013
Place of Publication: Al Sharjah – UAE
Language: Arabic
ISSN: 1681 5297

Legal Protection of Industrial Designs under Qatari Law

Abstract

Industrial designs are a type of industrial property. The concept performs a dual function for producers and consumers. Industrial designs play an important role in promoting producers’ products in the markets due to their uniqueness. Consumers are attracted by these products as they meet subjective taste, preferring one product over another as it usually contains specific industrial drawings or industrial models. People buy that product, preferring it over other similar products. This has encouraged producers to innovate new industrial designs to decorate and beautify their products before marketing them. In the context of globalization, today’s markets are more crowded than ever with types of goods and products that are beautified by various types of industrial designs to the extent that they may confuse the consumer when deciding to purchase goods or products in the markets. It has become more difficult when goods or products appear on the market which are counterfeit. It is important to legislate the legal provisions on industrial designs, with a view to defining this right, regulating the rights of their owners, and providing legal protection for those rights from infringement by third parties. The Qatari legislator regulated the legal provisions for industrial designs in Law No. 9 of 2002 on Trademarks, Trade Names, Geographical Indications and Industrial Designs. No study or analysis of the legal articles governing these rights in Qatari law appears to exist, although some contain substantive and formal provisions of importance to both industrial and commercial activity. In this paper, we examine industrial designs in Qatari law to determine the extent to which this law provides legal protection for this type of right. This study was divided into the first section: the definition of industrial designs and the statement of their importance; the second section: the legal requirements for industrial designs; and the third section: the means of the legal protection of industrial designs.

Keywords

Industrial Designs; Industrial Drawings; Qatari Law; intellectual protections of industrial designs and drawings; industrial property

Author: Salah Zaineddin
Journal: The Legal and Judicial Journal, Ministry of Justice
Volume: 5
Issue: 1
Year: 2010
Place of Publication: Doha – Qatar
Language: Arabic
ISSN: Unavailable

The Legal Regime of Patent under Qatari Legislation: Analytical Study of the New Patents Act of the State of Qatar

Abstract

This study explains the legal framework of patents under the new Qatari law No. (30) of 2006. It defines the concept of the invention and patent, clarifies the substantive and formal conditions of patentable inventions, states the rights and liabilities of the patentee, and clearly states the legal protection of patents under the said law.

Keywords

Patent; Procedural Protection; Inventions; Intellectual Protections of patent; Industrial Property

Author: Salah Zaineddin
Other Authors:  Mosleh Ahmad At’tarawneh
Journal: The Journal of Law
Volume: 34
Issue: 3
Year: 2010
Place of Publication: Kuwait – Kuwait.
Language: Arabic
ISSN: 1029-6069

The Civil Protection of Unregistered Trademarks Under the Jordanian Law

Abstract

This Article explores the extent of the civil protection of unregistered trademarks in Jordan. It analyses and criticizes Article 34 of the Jordanian Trademarks Law. Article (34) provides expressly that “No person may file a compensation claim for any violation against an unregistered trade mark in Jordan, but he may be entitled to file an annulment action to annul a trade mark registered in Jordan by a person who does not own it, and it is registered outside Jordan if he can submit a proof of the existence of any of the grounds of annulment which are stipulated in paragraphs 6,7,10 and 12 of Article 8 of this Law.” We attempt to find where there is a legal dilemma with this Article that deprives a person of his right to file a tort action in case of his trademark has been infringed in Jordan. This Article also explores the possibility of protecting unregistered trademarks under the laws of Unfair Competition and Trade Secrets of 2000.

Keywords

Unregistered trademarks; trademarks civil protection of unregistered trademarks; Unfair Competition

Author: Salah Zaineddin
Other Authors: Mosleh Ahmad At’tarawneh
Journal: Mu’tah Journal for Humanities and Social Sciences
Volume: 24
Issue: 4
Year: 2009
Place of Publication: Amman – Jordan
Language: Arabic
ISSN: 1021-6804

Cancellation and Removal of Trademark

Abstract

If it is recognized that the right to a trademark acquires by two means, the first of which is used, and the second: registration, i.e., the right to the trademark that expires for no reason, some of which are acknowledged and the other is under consideration.  Therefore, this study came to identify the reasons which may lead to the (deletion/cancellation/invalidation/expiration) of a trademark, under the Jordanian Trademark Law, through a presentation and analysis of the relevant legal texts on this issue. In addition, to present and analyse several judicial decisions issued by the competent courts in the same matter. The study concluded with some conclusions and recommendations. 

Keywords

Trademark; Jordanian Law; intellectual property; intellectual property protection; Cancellation of Trademark

Author: Salah Zaineddin
Journal: The Journal of Law
Volume: 33
Issue: 4
Year: 2009
Place of Publication: Kuwait – Kuwait
Language: Arabic
ISSN: 1029-6069

Intellectual property rights from an Islamic perspective

Abstract

This paper seeks to answer the following two questions. What is the position of Islamic Jurisprudence with regard to regulating Intellectual Property Rights and its protection? Has this matter ever been tackled by any of the earliest or recent Islamic Jurisprudents?

Keywords

Arab countries – European states – Fair competition – Human civilization – Intellectual property rights – Islamic countries – Islamic jurisprudence – State of Qatar – The Holy Quran – Traditional Islamic – (TRIPS)

Author: Salah Zaineddin
Journal: International Journal of Intellectual Property Management
Volume: 2
Issue: 2
Year: 2008
Place of Publication: Bern – Switzerland
Language: English
ISSN: 1478-9647

Arbitration in personal status matters

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Al-Aithnayn Journal
Volume: 95
Issue: Unavailable
Year: 1986
Place of Publication: Amman – Jordan
Language: Unavailable
ISSN: Unavailable

Rules of Well-known Trademarks in Jordan’s Trademark Amended Law No 34 of 1999

Abstract

This study examines the well-known trademarks in Jordan’s Trademark Amended Law No. 34 of 1999 and especially analyses its Articles 2,8/12, 26/1/B owing to the fact that these Articles are the most important articles introduced by Jordanian legislation to the Jordanian Trademarks law No. 33 of 1952. Further, this study presents some of the decisions adopted Jordanian High Court on the legal protection of well-known Trademarks under the Jordanian’s Trademark Amended Law No. 34 of 1999.

Keywords

Trademark; well-known Trademark; Jordanian Law; intellectual property; intellectual property protection

Author: Salah Zaineddin
Journal: Journal of law Journal of Law
Volume: 29
Issue: 4
Year: 2005
Place of Publication: Kuwait – Kuwait.
Language: English
ISSN: 1029-6069

Protection of well-known trademarks in the Paris Convention, TRIPS, and the Jordanian Trademark Law 1999

Abstract

The present research deals with the well-known trademarks in the Paris Convention for the Protection of Industrial Property 1883: Agreement on Trade-Related Aspects on Intellectual Property Rights (TRIPS) 1994: Jordanian Trademark Law 1999. It is divided into three sections with an introduction and a conclusion.

Keywords

Well-known trademarks; Paris Convention; TRIPS; the Jordanian Trademark Law 1999; intellectual property; intellectual property protection

Author: Salah Zaineddin
Journal: Al – Manara Journal for Legal Studies
Volume: 7
Issue: 3
Year: 2001
Place of Publication: Amman – Jordan
Language: Arabic
ISSN: 10266844

The legal provisions of the tradename and the business title with respect to the Jordanian Law

Abstract

This research deals with trade name and business title legal regulations and provisions with respect to Jordanian Law. This research consists of two sections. The first section deals with the legal regulations and provisions of the trade name with respect to Jordanian Law. The second section presents the legal regulations and provisions of business titles with respect to Jordanian Law. The research concludes by presenting the most important findings and recommendations.

Keywords

Trade Name; business title; Intellectual Property Rights; Jordanian Law

Author: Salah Zaineddin
Journal: The Judicial Journal
Volume: 4
Issue: 1
Year: 2000
Place of Publication: Amman – Jordan
Language: Arabic
ISSN: Unavailable

Law of trademarks in Jordan

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Islamic and Comparative Law review
Volume: 13
Issue: 1
Year: 1993
Place of Publication: New Delhi – India
Language: English
ISSN: Unavailable

The provisions of the well-known trademark with respect to the Jordanian Trademarks Law No. 34 of 1999

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Journal of the Jordanian Bar Association
Volume: 12
Issue: Unavailable
Year: 2001
Place of Publication: Amman – Jordan
Language: Unavailable
ISSN: Unavailable

The effects of registration the trademark with respect to the Jordanian Law

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Journal of Intellectual Property Protection
Volume: 41
Issue: Unavailable
Year: 1994
Place of Publication: Amman – Jordan
Language: Unavailable
ISSN: Unavailable

Industrial designs with respect to the Jordanian Law

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Journal of Police.
Volume: 303
Issue: Unavailable
Year: 1993
Place of Publication: Amman – Jordan
Language: Unavailable
ISSN: Unavailable

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Industrial property rights with respect to the Jordanian Law

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Journal of Police.
Volume: 300
Issue: Unavailable
Year: 1993
Place of Publication:  Amman – Jordan
Language: Unavailable
ISSN: Unavailable

Is there are a protection for the right of the non-registered trademark in Jordan

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Journal of Intellectual Property Protection.
Volume: 73
Issue: Unavailable
Year: 1993
Place of Publication: Amman – Jordan
Language: Unavailable
ISSN: Unavailable

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Commentary on the ruling of the court of Cassation No. 1985/195

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Journal of Intellectual Property Protection
Volume: 35
Issue: Unavailable
Year: 1993
Place of Publication:  Amman – Jordan
Language: Unavailable
ISSN: Unavailable

Importance of the trademark

Abstract

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Keywords

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Author: Salah Zaineddin
Journal: Journal of Intellectual Property Protection
Volume: 32
Issue: Unavailable
Year: 1993
Place of Publication: Amman – Jordan.
Language: Unavailable
ISSN: Unavailable