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Custom Recordal of IPRs in Jordan

Jordan

Custom Recordal of IPRs
Yes
No
Yes
The Article 43 of the Customs Law No. 20 of 1998 (the ‘Customs Law’) forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Jordan.
Custom Recordal of IPRs is effective only on the import of goods.
The Customs authority conducts the inspection. If any doubts arise concerning the authenticity of the goods, the department seizes the goods and notifies the registered legal representatives of such goods.
There are two Customs Departments in Jordan that an IP rights holder must register with to fully be protected: one is the Central Customs Department and the other is the Aqaba Special Economic Zone Authority’s Customs Department. Each has a separate registration system.
Duly notarized Power of Attorney, appointing the legal representative, Certified copy of the registration certificate of the relevant trademarks; CD, including a soft copy of the trademark.
No
The time frame is not specified.
No, the recordal has to be made with two different authorities.
No
For recordal with the Jordanian Customs, the registration is valid as long as the mark is valid and if right is registered with ASEZA, it remains valid for a year only. The same can be renewed on a yearly basis.
Yes
The customs department suspends the clearance of imported goods after determination and order by the court.
The infringer bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
08 days from the date of intimation by authorities.
Yes
Within 08 days the court is to be approached. The court will then issue a letter, informing the Customs Department to not release the goods until a final and binding decision has been issued regarding the claim.
The Customs authority would, after halting the procedures, notify the importer and rights holder, as per the contact information recorded, of the decision to suspend the clearance and release procedures. Upon order of the court, it may proceed to destroy the goods.
Yes
Recordal of exports are not warranted.
.The claim registered in court would be based on Article 37 of the Jordanian Trademark Law No. 33 of 1952, which states the offences and punishments as follows:
“1- Whoever commits any of the following deeds, with the intention to deceive, shall be penalized by an imprisonment term of no less than three months and no more than one year, or a fine of no less than 100 Jordanian Dinars and of no more than 6000 Jordanian Dinars or both penalties:
  • Counterfeits a trademark registered under the law, imitates it in any other way that misleads the public, or affixes a counterfeit or imitated mark on the same class of goods for which a trademark had been registered;
  • Illegally uses a trademark owned by another on the same class of goods for which that trademark is registered; or
  • Sells, poses for the purpose of selling or offers for sale, goods bearing a trademark whose use is regarded as an offense under paragraphs (A) and (B) of this Article if they had knowledge of the same beforehand.
2- Notwithstanding what is mentioned in paragraph 1 of this Article, whoever sells, or offers for sale, or possesses for the purpose of selling goods bearing a trademark whose use is regarded as a crime by virtue of paragraphs (A) and (B) of clause 1 shall be penalized by a fine of no less than 50 Jordanian Dinars and no more than 500 Jordanian Dinars…”
Yes