The legal framework for trade names in Libyan legislation

Abstract

This research addressed the issue of the effectiveness of the legal framework governing the trade name by adopting a descriptive and analytical approach. The study demonstrated that a trade name is not merely a means of identifying a commercial activity; rather, it constitutes an essential element in distinguishing commercial transactions and establishing the identity of a business. The research further concluded that the trade name possesses a distinctive legal character that differentiates it from other commercial designations, which necessitates subjecting its acquisition to specific conditions in order to prevent confusion and deception. The study also revealed that the legal value of a trade name is strengthened through registration, while the absence of such registration may result in sanctions that weaken the legal protection afforded to it. Nevertheless, the sanctions associated with non-registration, as well as the existing legal protection mechanisms, still require further enhancement to ensure greater effectiveness in practice.