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Enforcement of IPRs in Jordan


Enforcement of IPRs
Availability of cheaper options and affordability of the common people are the causes of counterfeiting and piracy in Jordan.
The Trademark (Law No. 34 For The Year 1999); The Patent (Law No. 71 For The Year 2001) ; The Industrial Design (Official Gazette No. 4423 Dated 2.4.2000); The Copyright (Copyright Protection Law No. (22) Of 1992, the Law No. (14) For the Year 1998, the Law No. (29) For the Year 1999, the Law No. (88) For the Year 2003, and the Law No. (9) For the Year 2005).
Trademarks, copyright, patents, industrial designs, and domain names are the different types of IPRs protected by IPR enforcement measures in Jordan.
The rights must be registered and enforced in Jordan under the local laws.
Firstly, it is important to have an overall strategy to protect your IP. In the second place, it is imperative to understand that IP is protected differently in Jordan. Besides, the rights must be registered and enforced in Jordan under its local laws. It is always advisable to conduct due diligence on potential partners.
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
A) Responsible Authority - Criminal Courts
B) Imprisonment Term – Trademark: 03 months to 01 year; Copyright: 03 months to 03 years; Patents: 03 months to 01 year.
C) Monetary Fine – Trademark: 100 to 500 Jordanian Dinar; Copyright: 500 to 1000 JD; Patent: 1000 to 500 JD.
Usually in instances of trademark and copyright infringement, either monetary compensation or imprisonment is pronounced, rather than both, which could mean less deterrent in some situations. It is also time consuming.
Yes, the Jordanian Arbitration Law widens the scope of arbitration. Arbitration can cover any legal dispute regardless of the legal nature of the relationship, which is the subject matter of the dispute. The disputing parties can refer any dispute, whether civil or commercial, contractual or non-contractual, to arbitration. It does not specifically provide for IP resolution, but it can be approached.
The remedies available under border control measures (customs) in Jordan include seizure and destruction of goods.
The infringer must bear the costs of customs intervention during enforcement.
If an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs then the goods are released from detention.
Customs is well-suited for enforcement. Although ADR is not an often resorted method, reports suggest it can prove to be beneficial in Jordan.