The assignment of the intellectual property rightsA Comparative study

The subject of trademarks is very important in the light of commercial and economical progress in this modern era, they are necessary for the merchant, the manufacturer, service providers and consumers also, we cannot imagine the commercial, industrial reality and its stability without giving any attention to the subject of brands, in addition to their moral function for example, they discriminate goods and service of one trader for goods and services of another trader_ they are fighting the illegal competition- the brand is also a financial right . it can transfer from one person to another through the various decades as a contract of sale, mortgage and other for this purpose , the subject of my study is the transmission of the right in the brand. As a result , the right whish existed in the brand can transfer from the trademark owner to another person. the owner of brand can transfer the property of his trademark to another in return and he has the right to donate them to others without charge ,also he has the right to transfer his brand without using it . moreover, he has the right to keep an eye on brand terms that he can mortgage his trademark for the purpose of obtaining the credit which necessary for the continuation of his business , in addition to what I mentioned, the owner of the trademark faces some obstacles when entering such these contracts, one of these obstacles is the subservience of trademark for the trading store under Jordanian trademark law which applicable in the west bank and other terms and conditions that left to addressee the civil rules in spite of the privacy of commercial transaction . the study of these topics will contribute a lot to find solutions for these problematic that faced by the Palestinian legislative designation which related to trademark. There are no problem to transfer the right that existed in the brand through legacy and testament , as they attached to the death of the testator who owns trademark, and both of them are occurred after death. In legacy , the testator can be a natural person who owns trademark or he was partner in the company that owns brand. In the testament also, the testator can recommend another person to own the trademark or to benefit from the exploitation of the brand . so the right to the brand can be a right of property or the right to benefit , in addition to the testament there are some types for the transmission of the right to benefiti, one of them is a license to use brand as an instrument that the brand owners can allow to the licensee to use the brand within the mutually agreed terms with paid, so the study of these subject ( legacy, testament, legal permission) within using the brand and to take attention to each one individually will contribute significantly to the extent of treatment for laws apply in Palestine for these subject and to access to the best treatment when we compare them with other laws.