Commercial Data in Yemeni Law د. عواد عبدالحفيظ جازم

Abstract

      The Yemeni legislature regulates the commercial data through Commercial Law No. (9) of 979 and Law No (15) of 1976, regarding the trade marks and names. However, the two laws were abolished. Later on, commercial data had not been regulated by some provisions mentioned in the Consumer Protection Law No. (16) of 2008. and some penalty provisions in other laws against anyone who breaches the commercial data, such as Law No. (8) of 1992, and its amendments, of Food Control Law and deliberating and drafting laws; and the Specifications and Measurements and Quality Control Law No. (14) of 1999. This will lead to problems due to lack of such provisions in several laws, whether in case law and interpretations in applying these provisions or circumvention in the ways of not applying them. This has required that we should have an independent law for regulating the commercial data and that contained a detailed regulation for protecting them because of the vital role which the commercial data play in protecting consumers from fraud and making them know about goods and services, their types, their nature, and their components; and reduces the misleading of the public. Such commercial data also suppress the dishonest competitions through suppressing the dishonest and biased works and practices.

This research has examined the provisions related to commercial data in two parts: The first part discusses the concept of commercial data by describing their purposes and preconditions, explaining their importance and distinguishing them from other data. The second part discusses the required protection for commercial data and clarifies the obligations of the provider and the advertiser for such data, as well as the sanctions in the event of violation of the law. The research has adopted both the descriptive as well as the comparative analysis as its research methodology.

Key words: commercial data, provider’s obligations, advertiser’s obligations, data provisions

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