WORLD TRADE
ORGANIZATIONIP/N/6/JOR/1
18 October 2000
(00-4317)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Jordan
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedure and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
Civil Liability
Generally, civil matters fall within the jurisdiction of Magisterial Courts for claims of less
than JD750, and the Courts of First Instance for claims of that amount or higher unless otherwisespecified in the law.  This rule applies for all in tellectual property cases with the exception of civil
matters arising under the Copyright Law, which fall within the jurisdiction of the Courts of First
Instance.
Appeals from the Magisterial Court in civil matters are heard by the Court of Appeal;  appeals
from the Court of First Instance are heard by the C ourt of Appeal.  Appeals from the Court of Appeal
are heard by the Court of Cassation which is the final stage of litigation in the country.
Criminal Liability
As a general rule, only the Patent Law, the Trademark Law and the Copyright Law provide
for criminal penalties.  Moreover, as a general rule, and unless otherwise specified, the MagisterialCourts have jurisdiction in cases carrying a penalty of up to two years imprisonment.  Therefore, since
an infringement under the Patent and Trademark Laws carries a maximum imprisonment sentence of
one year, the Magisterial Courts have jurisdiction in  such cases.  Under the Copyright Law, the Court
of First Instance has jurisdiction in all criminal matters regardless of the penalty.
Appeals from the Magisterial Court in criminal matters are heard by the Court of Appeal;
appeals from the Court of First Instance are heard by the Court of Appeal.  Appeals from the Court of
Appeal are heard by the Court of Cassation which is the final stage of litigation in the country.
Special Cases
Generally, civil cases in conjunction with a criminal case fall under the rules specifying
jurisdiction for criminal cases.  Moreover, counterpart claims of an existing case are subject to the
rules of jurisdiction of the original case.
                                                     
1 Document IP/C/5.IP/N/6/JOR/1
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2. Which persons have standing to assert IPRs? How may they be represented? Are there
requirements for mandatory personal appearances before the court by the right holder?
General Rules
As a general rule, under the Code of Civil Procedure, any person who has an interest
protected by the law and stands to gain from an action has the right to assert an action in infringement
and to oppose or cancel the registration of an intellectual property right.
In courts other that Magisterial Courts, parties are required to be represented by a lawyer.  In
Magisterial Courts parties may be represented by themselves or through a lawyer.  Juridical persons
may be represented by their designated agent or by a duly authorized lawyer.  Such rules apply inaddition to the specific rules stated hereunder.
Specific Rules
Under the Copyright Law, an infringement acti on may be instituted by the rightholder or the
heirs or successor thereof.
Under the Trademark Law, an infringement action may be instituted by the owner of the
trademark registered in the Kingdom.
Under the Patent Law, an infringement actio n may be instituted by the patent owner.
The Integrated Circuits Law provides the right of action for the rightholder.The Geographical Indications Law provides the right of action for the party who stands to
gain from the action.
The Trade Secrets and Unfair Competition Law provides the right of action for any party who
stands to gain from the action in cases of unfair competition, and for the rightholder in a trade secret
action.
Under the Industrial Designs Law, infringement action may be instituted by the owner of the
industrial design.
Oppositions and Cancellations
Oppositions and cancellation actions are available in trademarks, patents, industrial designs
and integrated circuits.  The general rule is that any person can oppose the registration of any other of
the above-mentioned rights and only interested parties (rightholders) have the right to request
cancellation or annulment of a registered right.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produc e evidence that lies within its control?
Articles (20), (21), (22), (23) and (25) of the Evidence Law and Articles (100) and (107) of
the Civil Procedures Law empower the court, upon request of the opposing party, to order the
production of documents which lie within the control of the other party.IP/N/6/JOR/1
Page 3
4. What means exist to identify and protect confidential information brought forward as
evidence?
The courts, within their discretion, have the right to hold cases behind closed doors.  This
discretion may extend to cases where there is need to  present confidential information especially that
the courts are bound to observe the Trade Secrets Law.
Moreover, Article (34) of the Patent Law provides:I- The court may require the defendant in any civil procedure regarding an infringement
of the rights of the patentee provided for in this law, to prove that the process of
producing his product which is identical to the product produced by the patentee, isdifferent from the process protected by the patent, if the production is made without
the patentee's consent and if there is a substantial likelihood that the identical product
is made by the process protected by the patent, and the patentee was unable through
reasonable effort to determine the process actually used.
II- 1 - The court shall take into account th e legitimate interests of the defendants to
protect their industrial and commercial secrets when requesting for evidence
according to Paragraph A of this Article.
2 - If such secrets are disclosed during a lawsuit filed by the plaintiff and based on
an unjust claim, the defendant may claim compensation for damages by virtue ofa court's decision.
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use ;
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
(1) Injunctions
 Intellectual property laws provide for provisional as well as permanent remedies
against infringement.  For provisional measures see the answer to the appropriate
question below.
(2) Damages, including recovery of profits, and expenses, including attorney's fees
(a) General provisions
As a general rule, civil infringement of intellectual property rights, misuse of
a trade secret, and acts of unfair competition are characterized as torts.  As
such they are subject to the following provisions:
Article (48): Whoever shall be subject to unlawful assault in respect of
any right which attaches to his person shall be entitled to apply for the
abatement of that assault together with compensation for any damage he may
have suffered.IP/N/6/JOR/1
Page 4
Article (49): Whoever is disputed by others in the use of his name or
surname or both without justification and whoever suffers usurpation of his
name or surname or both without legal ground, shall be entitled to apply for
the abatement for that assault together with compensation for any damage he
may have suffered.
 Article (66):
1. Liability  for  damage  shall  be due from the person who  exercises
his right unlawfully.
2. The exercise of the right shall be unlawful:
i. if there is intent to aggress;
ii. if the interest to be achieved from the act is unlawful;
 iii. if the benefit therefrom is disproportionate with the damage
inflicted on others;
iv. if it exceeds custom and usage.
Article (256): Every injurious act shall render the person who commits it
liable for damages even if he is a non-discerning person.Article (257):
1. The injurious act may be direct or causative;
2. And  if  it  is  direct  the  damages  shall   be  due  unconditionally
and  if it is causative it shall be subject to the proof of trespass or
intent or that the act led to the injury.
Article (258): If the person who commits the act and the person who causes
it are present responsibility shall attach to the former.Article (259): If any person deceives another he shall be liable for the
damages resulting from that deceit.Article (263):
1. The act shall be attached to the person who commits it and not the
person who orders it unless he is under duress provided that thematerial duress in actual disposition shall solely be the obligation
duress.
2. And yet a public official shall not be responsible for his act causing
damage to others if the commits it in compliance with an order from
his supervisor when compliance with such order was obligatory or hebelieved that it was obligatory and he proves that he believed that the
act he committed was lawful and his belief was based on reasonable
grounds and that in committing that act he excised diligence and care.
Article (266): Damages shall in all cases be estimated by the amount of the
damage inflicted on the injured person and his loss of profit provided that the
same shall be the natural result of the injurious act.
Article (267):
1. The right to damages shall also include moral damage, so any
trespass on another's  liberty, honour, reputation, social status or
financial standing shall render the person who commits the trespass
liable for damages.IP/N/6/JOR/1
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2. And damages may be awarded to spouses and close relatives in the
family for the moral damage inflicted upon them by the death of the
injured.
3. And liability for damages for moral damage shall not devolve upon
others unless their amount is defined by virtue of a contract or a finaljudicial decision.
Article (268): If the Court cannot finally decide the extent of damages it may
preserve for the injured person the right to apply for reconsideration of the estimation
within a limited period of time.
Article (269):
1. Damages may be subject to payment by instalments and they may be a fixed
income and in these two cases the debtor may be obliged to provide a
guarantee for an amount estimated by the court.  And damages shall be
estimated in money but the court may subject to the circumstances and on the
application of the injured person order restoration to the former position ordecree by way of damages the execution of a certain matter attached to the
injurious act.
Moreover, and as a general rule, the Code of Civil Procedure provides that, along
with the final decision, the court shall decide to compensate the litigant in favour ofwhich the verdict was issued, for the fees and expenses of the lawsuit and the
procedures through it.  The Court may also decide during the course of the lawsuit,
the expenses of any specific petitions or session when requested by any of the parties
without prejudice to any decision that might be issued later on with regard to
expenses. Compensation for fees and expenses of a counter-claim shall be decided inthe same way it is decided in an original claim.  In addition to fees and expenses of
different kinds, the court may decide on compensation for fees of the attorney from
the litigant against whom the decision was issued.
(b) Specific provisions
(i) Copyright Law
The Copyright Law provides that "where any of the rights conferred
on the author in relation to his work under this Law have been
infringed, the author shall be entitled to fair compensation.  In
calculating the amount of the compensation, the author's culturalstanding, the literary, scientific or artistic value of his work, and the
profit made by the person committing the infringement through
exploitation of the work would all be taken into consideration.  The
compensation awarded to the author shall be deemed a privileged
debt over the net sale price of the articles used in the infringement,and over the amounts seized for action.
The court may also decide, upon the request of the ruled for party, to
publish its judgement in one or more daily or weekly newspapers at
the expense of the losing party.IP/N/6/JOR/1
Page 6
(ii) Trademark Law
The owner of an unregistered mark cannot claim damages in Jordan
except for a well-known mark which is used in Jordan.
The other intellectual property laws do not have specific provisions
for damages.
(3) Destruction or other disposal of infringing goods and materials/implements for their
production;  and other remedies
(a) Copyright Law
The Copyright Law provides that the court may, upon a petition by the
rightholder, or any heirs thereof, or successors in title, which can be filed
before, upon, or after filing the lawsuit, take any of the following measures,
with respect to any work in which the copyright or any of the rights stated inArticle (23) of this law have been infringed, provided that the petition
contains a detailed and comprehensive description of the work:
- cease the infringement upon a work or any part thereof;
- seize the work, copies and photocopies thereof, as well as the
materials used in reproducing it, provided that such are not useful for
any other purpose;
- impound the revenues derived from exploiting a work that has been
published through public performance.
Moreover, under the Copyright Law, the court may, at the request of the
author or any successors thereof, order the destruction of the copies or
reproductions of the work that has been published unlawfully, and also of the
material used in the publication thereof provided that the said equipment is
not fit for any other use.  The Court may also, as an alternative to thedestruction thereof, order the features of the copies, reproductions, and
equipment to be altered, or order them to be rendered unfit for use.  The
Court may also order the confiscation and sale of the copies or reproductions
of the work and of the material used for the reproduction thereof, as a means
of providing fair compensation to the prejudiced author as an alternative tothe destruction of the said copies and reproductions, the alteration of the
features thereof or the destruction of the said material.
The court may order that any work that has been the subject of a copyright
infringement be restored to its previous state by modification, deletion or anyother means.
(b) The Trademark Law, the Patent Law, the Industrial Designs Law, the
Integrated Circuits Law, the Unfair Competition and Trade Secrets Law, and
the Geographical Indications Law
The rightholder, before, upon, or after filing a suit for an infringement of any
of the above rights, may petition the court for the following, provided that theIP/N/6/JOR/1
Page 7
petition is attached with a bank guaranty or a cash deposit accepted by the
court:
- cease the infringement;
- place a provisional seizure on the products subject to infringement
wherever found;
- preserve the evidence related to the infringement;
- order the seizure of the products, tools, and main materials used in
manufacturing the infringing product, or used in the infringement, orresulting therefrom.  The court may also order destruction of such
products, tools and materials, or use of such outside the channels of
commerce.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the
production and distribution of the goods of services found to be infringing and of their
channels of distribution?
As a general rule, the plaintiff has to prove his case.  However, the courts, in their discretion,
may direct the defendant to provide any information relevant to the case, but cannot compel the
defendant to provide the information.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what"remedial measures" are applicable to them?
As a general rule, any person who abuses another's right is liable to compensate.  This applies
to clearly frivolous litigation.
Moreover, disciplinary measures are also applicable against government officials and lawyers
who do not carry out their duties in accordance with laws and the code of ethics.
Under all intellectual property laws, a petition for provisional measures, including a request to
suspend clearance of goods from customs, is to be filed together with a monetary guaranty against any
damages that may be sustained by the defendant, if the petitioner proves to be unjustified in his claim
or if the petitioner fails to commence an action on the merits within 8 days.
As for the criminal and civil liability of public authorities, the Criminal Code provides that a
person shall not be liable for any act which that person undertakes in compliance with the law or with
an order from a competent authority unless that order is without a legal basis.  Moreover, the Civil
Code provides in Article 263 that a public official shall not be responsible for his act causing damageto others if he commits it in compliance with an  order from his supervisor if compliance with such
order was obligatory, or he believed that it was obligatory, and if he proves that he believed that the
act he committed was lawful and his belief was based on reasonable grounds, and if in committing the
act he exercised diligence and care.
As for the responsibilities of different departments, the Customs Law provides that the
Customs Department shall not be liable to compensa te the importer or the owner of the goods for any
injuries resulting from suspension of release and clearance of the goods.  Similarly, judicial
authorities are not subject to liability for actions carried by them.IP/N/6/JOR/1
Page 8
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Cost of legal proceedings is governed by the Court Fees Regulation.
(1) Fees for civil cases
(a) Court of First Instance
Court fees are calculated as a percentage of the value of the case. These are
the total of 2% of the first 10,000, 3% of the second 10,000 and 1% of eachadditional 10,000.  The fees are capped at 1,200 JDS.  The original fee is
subject also to an additional fee of 10%.  There is also a 6.8 JD fee to lodge
the lawyer's power of attorney.  Any document presented in a case is subject
to a fee of 0,3% of its value in revenue stamp.
(b) Court of Appeal and Court of Cassation
Court fees are calculated as a percentage of the value fo the disputed amount,
which is subject to the challenge or appeal.
(c) Magisterial Courts
Court fees are 3% of the value of the case not to exceed 25 JD.  In addition to
the 10% additional fee and the fee for lodging the power of attorney.
(2) Criminal cases
The fees for criminal cases are negligible.
(3) Duration
There are no definite duration or limits for regular legal proceedings.  However, for
the duration of provisional measures, see below.
(4) Oppositions and cancellations
The fees for oppositions and cancellations of the different intellectual property rights
are still being drafted.
(5) Appeals to the High Court of Justice
Fees for appeals to the High Court of Justice are determined by the Chief Justice with
a lower limit of 30 JD and an upper limit of 300 JD.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
None of the measures referred to in the above questions, except for provisional measures (see
below) may be taken at the administrative level.IP/N/6/JOR/1
Page 9
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
All intellectual property laws provide for provisional measures that may be taken by a court
of law upon petition of the rightholder or successor thereof.
In the case of copyright, the measures are the following:- ceasing of infringement of a work or any part thereof;- seizing the work, copies and photocopies thereof, as well as the materials used to
reproduce it, provided that such are not useful for any other purpose;
- impounding the revenues derived from exploiting a work that has been published
through public performance.
As for the Trademark Law, the Patent Law, the Industrial Designs Law, the Integrated
Circuits Law, the Unfair Competition and Trade Secrets Law, and the Geographical Indications Law,
the following rules apply.
Prior to, or upon or after filing a suit for an infringement of any of the above rights, the
rightholder may petition the court for the following, provided that the petition is attached with a bank
guaranty or a cash deposit accepted by the court:
- ceasing the infringement;- placing a provisional seizure on the products subject to infringement wherever found;- preserving the evidence re lated to the infringement.
11. In what circumstances may such measures be ordered inaudita altera  parte ?
All intellectual property laws permit the order of such measures inaudita altera parte .
Generally, such laws provide that in cases where any delay is likely to cause irreparable harm to therightholder, or where there is a demonstrable risk of evidence related to the infringement being lost,
the court may take any of the measures provided in the law on a provisional basis without notifying
the defendant, and in absence thereof.  The injured parties shall be notified of the measures taken by
the court as soon as the measure is executed.  The defendant shall have the right to request a hearing
within a reasonable period of time after being notified of the measures taken.  At the hearing, thecourt shall decide whether the provisional measure shall be confirmed, modified, or revoked.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
All intellectual property laws set out the same procedures for initiation, ordering and
maintenance in force of provisional measures.  This involves:IP/N/6/JOR/1
Page 10
- Filing a petition with the competent court.
- Submitting therewith a monetary guaranty sufficient to prevent arbitrariness, and
against any damages sustained by the defendant if the petitioner is not justified in his
claim.
- In cases where any delay is likely to cause irreparable harm to the rightholder, or
where there is a demonstrable risk of evidence related to the infringement being lost,
the court may take any of the provisional measures provided in the law on a
provisional basis without notifying the defendant, and in absence thereof.  The
injured parties shall be notified of the measures taken by the Court as soon as the
measure is executed.
- Upon proving that the petitioner is the rightholder and that his rights had been
infringed or that such infringement is imminent, the court may take any of the
measures on a provisional basis to prevent the act of infringement from occurring, or
to preserve evidence relevant to the act of infringement.
As for time-limits and safeguards to protect the defendant, all intellectual property laws
provide for the following:
- Any petition for provisional measures shall be filed together with a monetary
guaranty sufficient to prevent arbitrariness, and against any damages sustained by the
defendant if the petitioner is not justified in his claim.
- Provisional measures taken before filing the lawsuit shall be nullified upon the
defendant's request if the lawsuit is not filed within eight days of the court's decisionto take provisional measures.
- Where the provisional measures are revoked due to the lapse of the period of filing
the lawsuit or due to any act of omission by the plaintiff, or where it is subsequently
found that there has been no infringement or threat of infringement, the Court may,
upon request of the defendant, order appropriate compensation for the defendant for
any injury caused by such measures.
- The Court may order the petitioner who ab used any measures to pay an adequate
compensation for the damages to any party subject to such abuse.
- The defendant shall have the right to request a hearing within a reasonable period of
time after he is notified of the measures taken.  At the hearing, the Court shall decide
whether the provisional measure shall be confirmed, modified, or revoked.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
According to Article (6) of the Court Fees Regulation, the fees for applications of provisional
measures is 10 JD.  A fee for lodging the power of attorney is also due.
There are no provisions setting definite time limits for court proceedings.  However, it is
stipulated that petitions to the Court of Summary Matters (which is the court approached for
provisional measures) are to be heard within 24 hours.  Moreover, although not specifically provided
for in the law, decisions in respect of such cases are issued within 48 hours.IP/N/6/JOR/1
Page 11
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
There are two instances relevant to intellectual  property rights under the Jordanian laws which
allow for what may be considered administrative provisional measures.
Article (36)(B) of the Copyright Law provides th at in case of any suspicion indicating that a
violation of the Law is being committed at any place which carries out printing, copying, producing or
distributing of works, the employees of the National Library may search such place and seize the
copies and the materials used in their production and transfer such together with the persons
committing the violation to the Court.
Article (41)(d) of the Customs Law provides that the Director of the Customs Department or
any deputy thereof may suspend clearance and release of goods if, on the basis of prima facie
evidence, the Director or deputy is satisfied that there is infringement of intellectual property rights
related to copyright and trademarks and according to the following provisions:
1- the importer and the rightholder shall be notified of the decision to suspend clearance
and release of goods if the address is known;
2- if the Department, within eight days of the date of notification of the rightholder with
the suspension decision, is not notified that a case has been instituted, the goods shall
be released provided all legal conditions regarding importation are met;
3- the importer may challenge such decision at the competent court within eight days of
being notified of the decision.
Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectual
property rights other than counterfeit trademark or pirated copyright goods as definedin the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant
criteria, any imports excluded from the application of such procedures (such as goods
from another member of a customs union, goods in transit or de minimis imports ).  Do
the procedures apply to imports of goods put on the market in another country by or
with the consent of the right holder a nd to goods destined for exportation?
The Customs Law prohibits the entry into the Kingdom of imported goods which infringe an
intellectual property right under the applicable laws.  Accordingly, it is provided that the rightholder
may submit a petition to the court to suspend clearance and release of such goods, provided the
petitioner submits to the court sufficient evidence about the infringement and a detailed description ofthe goods.  This procedure is applicable in the case of all intellectual property rights.  However, the
following are excluded from this protection:  "small quantities of goods of a non-commercial nature,
personal items and gifts contained in travellers personal luggage or sent in small consignments, as
well as goods in transit".
Separately, the Customs Law also provides that the Director of the Customs Department or a
deputy thereof, may suspend clearance and release of goods if convinced on the basis of prima facie
evidence that they constitute an infringement of a trademark or a copyright.  (The procedure
pertaining to this exercise of authority by Customs is to be governed by a forthcoming regulation.)IP/N/6/JOR/1
Page 12
As for whether the procedures apply to imports of patented products put on the market in
another country by or with the consent of the rightholder and to goods destined for exportation, the
Representative of the Government of Jordan has indicated in Jordan's accession Working Party Report
(WT/ACC/JOR/33) that in situations in which there had been a breach of a contract with respect toimported products, such products would not be considered to be legally imported within the meaning
referred to in the relevant Customs provision, and their importation would be prohibited.  He noted,
however, that the patentholder was required to notify the appropriate Jordanian customs authorities of
the identity of parties authorized to import the pa tented product into Jordan, in which case measures
would be available to prevent the entry into the Jordanian market of such unauthorised imports.  He
added that, for the sake of transparency, this clar ification would also be reflected in implementing
regulations.  These regulations are now being drafted.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of suspension (Artic le 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the
goods) and 57 (right of inspection and information) been implemented?
The Customs Law and its amendments include provisions that reflect Articles 53 (security),
56 (indemnification) and 57 (inspection and information), as it states:
- The importation of goods which constitute infringement of any intellectual property
right subject to protection under the relevant legislation in force, shall be prohibited
on the following basis:
1- The rightholder may submit to the competent court a petition with a cash or
bank guarantee accepted by the court, to suspend release and clearance
procedures for the said goods, provided the petition is supported by sufficient
evidence about the infringement, and a detailed description of the infringing
goods. (security)
- Moreover, the Customs Law provides that the competent court may order the
petitioner to pay to the importer, the consignee, and the owner of the goods anappropriate compensation for any injuries in curred as a result of suspending the
clearance and release procedure, on a wrongful basis, or in the case of release of the
goods pursuant to provisions of the law.  (indemnification)
- However, it is stated that the Customs Department shall not be liable to compensate
the importer or the owner of the goods for any injuries resulting from suspension of
release and clearance of the goods according to the provisions of the law.
- The Customs Law also provides that the petitioner may inspect goods subject to
suspension of release and clearance procedures, under the Department's supervision,in order to substantiate the petitioner's claim.  (inspection and information)
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the competent authorities for the suspension of the release of goods into free
circulation?
The fee for the application to suspend the release of goods from customs is 10 JD, as it is the
fee applicable to petition for provisional measures.IP/N/6/JOR/1
Page 13
Duration of proceedings
The Customs Law provides that the competent cour t shall issue its decision with regard to the
petition for suspension of clearance procedures within three days of submission, and that thepetitioner shall be notified of the court's decision within a reasonable period.  Moreover, the defendant
may appeal the court's decision to the Court of Appeal within eight days from the day the decision is
notified or communicated to the defendant.  The Court of Appeal's decision is considered final.
Validity of suspension decisions
The Customs Law provides that if the petitioner within eight days after being notified of the
decision to suspend release and clearance procedures fails to notify the Department that a court case
has been instituted, the goods shall be released provided it is established that such goods conform to
legal requirements related to importation.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
Such action may be taken only in cases of apparent infringement of a trademark or copyright.
The Customs Law provides that the Director of the Customs Department or a deputy thereof, may
suspend clearance and release of goods if convinced on the basis of prima facie  evidence that they
constitute an infringement on a trademark or a copyright.  (The procedure pertaining to this exercise
of authority by Customs is to be governed by a forthcoming regulation.)
The law provides that the importer may challenge the decision to suspend clearance
procedures within eight days of being notified thereof.  However, the Customs Law provides that theCustoms Department shall not be liable to compensa te the importer or the owner of the goods for any
injuries resulting from suspension of the release and clearance of the goods.  (See the answer to
question 7 above.)
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
The Customs Department is not entitled to order remedies.  However, according to the
Customs Law, the court may order the petitioner to pay to the importer, the consignee, and the owner
of the goods an appropriate compensation for any injuries incurred as a result of suspending the
clearance and release procedure on a wrongful basis, or in the case of release of the goods pursuant to
the provisions of the law.  Moreover, the court may order the remedies referred to in the questions onremedies above if infringement is subsequently established.
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
See the answer to question 1 above.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
Criminal liability arises only in matters related to copyright, patents, and trademarks.IP/N/6/JOR/1
Page 14
The Patent Law
The Patent Law provides that any person who committed, in bad faith, any of the following
acts, shall be subject to imprisonment for a period not less than three months and not more than one
year, or to a fine not less than one hundred Dinars and not more than three thousand Dinars, or bothpenalties:
- forged an invention patented pursuant to the provisions of this law for commercial or
industrial purposes;
- sold, acquired for the purposes of selling, offered for sale or dealing, or imported
from abroad, counterfeited products of the subject-matter of the invention, if suchinvention is registered in the Kingdom;
- placed misleading data on his products, trademarks, advertisements, or his packaging
material that would make belief that he has obtained a patent or a license.
The same penalties apply on the attempting, assisting, or inciting to commit any of the afore-
mentioned acts.
The Trademark Law
The Trademark Law provides that any person who presents a trademark as registered when it
is not, shall, upon conviction for each offence, be liable to a fine not exceeding fifty Dinars.
Moreover, the Trademark Law provides that any person who with the intention to deceive,
commits or attempts to commit or aids or incite s any other person in committing any of the following
acts shall be liable upon conviction to imprisonment for a period not exceeding one year or to a fine
not exceeding one hundred Dinars, or to both such penalties:
- uses a trademark registered under this law or an imitation of such trademark applied
on the same class of goods as that in respect of which the mark is registered;
- sells, stores for the purpose of sale, or exhibits for sale, goods bearing a mark the use
of which is an offence under this clause;
- uses a mark duly registered by another person under this law to serve his purpose of
promoting goods of the same class as those for which registration has already been
obtained by that other person;
- manufactures, engraves, embosses or sells any plate, wooden or metal block, seal or
other representation of a duly registered mark or any other imitation thereof for the
purpose of enabling any person, other than the registered proprietor of the trademark,
to make use of such mark or an imitation thereof in connection with goods of thesame class as that for which registration has already been obtained by that other
person;
- makes or causes to be made a false entry in the register kept under this law, or makes
or causes to be made any written instrument falsely purporting to be a copy of anyentry in that register, or produces or tenders or causes such instrument to be produced
or tendered by way of supporting evidence, knowing that the entry or instrument is
false.IP/N/6/JOR/1
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The Copyright Law
The Copyright Law provides that any person who commits any of the following shall be
liable to imprisonment for a term of a minimum of three months and a maximum of three years, and
to a fine of not less that 1,000 Dinars and not more than 3,000 Dinars, or to either of the punishments:
- unlawful exercise of any of the rights provided for in Articles 8, 9, 10 and 23 of this
law.  (Copies of the law are provided.)
- the offering for sale, distribution, or rental of a counterfeit work or copies thereof, the
publication of such works or copies, or the importation or exportation of such work
with the knowledge of its counterfeiting.
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
Under the Criminal Procedures Law, the Public Prosecutor Office is responsible for initiating
criminal proceedings.  The Public Prosecutor may initiate criminal proceedings on its own initiative or
in response to complaints.
Furthermore, in case of any suspicion indicating that a violation of the Copyright Law is
being committed at any place which carries out printing, copying, producing or distributing of works,the employees of the National Library may search such place and seize the copies and the materials
used in their production and transfer such together with the persons committing the violation to court.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
The Criminal Procedures Law provides that any person who witnesses or learns of a crime
shall notify the competent Public Prosecutor of such crime.  Moreover, under this Law, any person
injured by any misdemeanour or felony may file a complaint with the Public Prosecutor of the
competent court.
See also the answer to question 22 above.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
General provisions
The Criminal Code provides that, while taking into account the rights of others with good
intention, things that resulted from a crime or an intended felony or which were used in its
commission or to prepare for its commission may be confiscated.  Those things, however, shall not be
confiscated in an unintended felony or in a contravention unless, otherwise stated by law.  Moreover,it is provided that which manufacture, items of ownership, or items for sale which are illegal shall be
confiscated even if they are not owned by the accused or if there was no ruling against him.IP/N/6/JOR/1
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Specific provisions
The Copyright Law provides for penalties of imprisonment ranging from 3 months up to
3 years, fines ranging from JD 500 to JD 3,000, and seizure and forfeiture and destruction.  This law
also provides for the following penalties:
- publishing the court's decision in the newspapers;- shutting down the establishment where the infringement occurred;- suspending the license of such establishment;
- impounding revenues derived from exploiting the work published through public
performance;
- changing the features of the used copies or reproductions or equipment.
The Trademark Law and the Patent Law provide for imprisonment ranging from 3 months up
to 1 year, fines ranging from JD 100 up to JD 3,000, and seizure, forfeiture and destruction.
(Other laws provide for remedies that are similar, but are not characterised here as penalties,
since under such laws, no criminal liabilities arise.  For such remedies see the answers to the questionsrelating to remedies above.)
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
There are no fees for criminal proceedings.  However, in case of any ancillary civil claim, the
Court Fees Regulation applies (see the answer to question 8 above).  As for the duration of legal
proceedings, there is nothing in the legislation that stipulates definite time limits for legal
proceedings.
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