The new Act on the Protection of Industrial Property Rights does not allocate a dedicated section to trade names, and the topic has received less than proportionate attention. Within this framework, several ambiguities persist in the provisions governing criminal protection most notably Articles 118 and 131 which warrant careful analysis and critique. The significance of this study stems from the adverse effects of these ambiguities on deterrence and on compliance with international protection standards. The paper therefore aims to critically assess the criminal protection afforded to trade name holders under the new Act and to propose targeted reforms. The central hypothesis is firstly the new law seeks to deliver more effective criminal protection for trade names compared to the previous Act; secondly, meaningful progress requires identifying and remedying current shortcomings namely, enforcing the principle of proportionality between offenses and penalties, recognizing the moral rights connected to trade names, and ensuring baseline alignment with international standards. Accordingly, regarding what constitutes substantive criminal protection for trade names under the Act, what its strengths and deficiencies are, and how its scope and conditions are defined, these gaps are examined.
Methodologically, the research is fundamental and practical and relies on library-based sources. The findings indicate that the current criminal framework is ineffective and misaligned with international benchmarks, due to the failure to differentiate between types of infringing conduct and to calibrate penalties proportionately. Reform is therefore essential, including explicit recognition of moral rights, clear categorization of infringement scenarios, and a principled redesign of sanctions.