RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/250/Add.1
17 May 2001
(01-2531)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Jordan to questions posed by the
European Communities and their member States and the United States
Addendum
By means of communications from the Permanent Mission of Jordan, dated 3 and
7 May 2000, the Secretariat has received the following responses to questions posed by the European
Communities and their member States and to a question posed by the United States, which were
circulated in documents IP/C/W/244 and 240, respectively.
_______________
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
There are no provisions adopted in the IP legislation as such.  However, whilst inventions
prevented from being commercially exploited so as to protect life and health of humans, animals, or
plants, or to avoid serious prejudice to the environment are excluded from patentability under
Article 4 of the Patent law No. 32 / 1999, we beli eve that such an exemption is compatible with
Article 27.2 of the TRIPS Agreement instead.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works, as  specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the
Berne Convention (1971)).
Copyright protection in Jordan is governed  by the Copyright Protection Law No. 22 / 1992
and its amendments.
Amendments to the Copyright Law of 1992 had been enacted in October 1998 and September
1999, so as to ensure full compliance with the TRIPS Agreement.  Changes had been required to meet
the obligations with respect to computer software, compilations of data, terms of protection,
limitations and exceptions, protection of performers, scope of protection, protection for producers of
phonograms and broadcasting organizations, compulsory licences, fair use and enforcement.IP/C/W/250/Add.1
Page 2
The amendments ensure that non-depositing of a copyright work at the Documentation Centre
would not affect the author's rights as stipulated under the 1992 version.
Article 3 protects original works of literature, art and science irrespective of type, importance
or purpose.  Computer software and compilations of data are also protected under the said Article.
The exclusive rights of the author are enumerated in Articles 8 and 9 of the Law, whereas the
terms of protection are laid down in Articles 30 to 32.
Article 17 of the Copyright Law permits the use of published works without the authorization
of the right holder for educational, vocational training, cultural or religious purposes on certain
conditions. This provision is in full conformity with Article 10(2) and (3) of the Berne Convention.
In addition, Jordan's rules concerning the granting of licences for translation or copying had
been amended to be compatible with the regulations of the Annex to the Berne Convention relating to
developing countries.
Rental rights are also provided under Article 9(D).
Jordan ratified the Berne Convention. It has been in effect since July 1999.  In the table
contained in the Annex you will be able to locate  the corresponding Articles of the Berne Convention
in the Jordanian Copyright Law.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Protection of Computer Software and whether in  source or object code is provided under
Article 3(B)(8) of the Copyright Law No. 22 / 19 92 and its amendments, while compilations of data
are protected under Article 3(D) of the same law.
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
While Article (9) of the Copyright Law No. 22 / 1992 and its amendments for the years 1998
and 1999, provides that the author shall have the "right to exploit the work of art in any financial way
he chooses", Paragraph (D) of the same article provides that "the author shall have the right to
authorize the use of one copy or more of his work to the persons who exploit them in leasing, or
hiring out and other acts relating to offering the work to the public".  Accordingly, the rental right is
provided among the financial rights which the author enjoys under the Copyright Law, and applies toall kinds of works.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
The rights of performers, producers of phonograms and broadcasting organizations are
provided under Article 23 of the Copyright Law No. 14 / 1992 and its amendments. Pursuant to
Paragraphs (A), (B), and (C) of the said Article the following rights are granted:
Performers:  The right to prohibit others from fixing the unfixed performance, reproducing any
fixation of such performance, broadcasting it, or communicating it to the public without obtaining the
performer's approval.IP/C/W/250/Add.1
Page 3
Broadcasting Organizations: The right to proh ibit others who do not obtain the Corporation
and/or the right holder's approval, from fixing unfixed broadcast programs, reproducing any fixation,
broadcasting the same wirelessly, broadcasting the same to the public by television broadcast.
Producers Of Phonograms: the right to authorize, or to prevent, direct or indirect reproduction
of their phonograms, or the commercial rental of originals or copies of the same to others.
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Limitations and exemptions from copyright protection under the Jordanian Copyright Law are
consistent with the exceptions allowed under the TRIPS Agreement and the Berne Convention.  Such
exemptions are provided under Articles 7, 17, 18, 19, 20 and 24.
7. Please state the terms of protection of each right described above and the work or subject
matter to which it applies.
The Jordanian Copyright Law No. 22 / 1992 and its amendments complies with the terms of
protection provided under the TRIPS Agreement arid/or the Berne Agreement as follows:
According to Article 30 of the law, works of art are protected during the lifetime of the author
and for fifty years after his death, or the death of the last person remaining alive among the authors
who took part in compiling the work - if there is more than one author.  For purposes of calculating
the said period of protection the date of death shall be deemed to occur on the first day of January of
the Gregorian Calendar Year following the actual date of death of the author.
On the other hand Article 31 of the law provides the following:
"The protection period for the following works shall be valid for fifty years as of the date of
publication, provided that the period of protection shall be deemed to begin on the first of
January of the Gregorian Calendar Year following the actual date of publication:
A. Cinematographic and television works.  However, where such works are not
published with the authorization of the right holder within fifty years of their completion, the
period of protection shall run from the date of the completion of the work, which shall be
deemed to begin on the first of January of the Gregorian Calendar Year following the actual
date of completion.
B. Any work of art whose author or copyright holder is a corporate body.
C. The work, which is published for the first time after the death of its author.D. The work of art which does not bear the author's name or which bears a pseudonym,
however, if the author reveals his identity during the protection period, the protection period
shall start from the date of the author's death."
Article 32 of the Law specifies the term. of protection for photographic works in addition to
works of applied arts and it states the following:
"The term of protection for the following works shall be valid for twenty-five years as of the
date of its completion, which shall be deemed to occur on the first of January of the calendar
Gregorian year, in which the work was actually completed:IP/C/W/250/Add.1
Page 4
A. Photographic works.
B. Works of applied arts."
Terms of protection related to protecting the rights of performers, producers of phonograms
and broadcasting corporations are provided under paragraphs C and D of Article 23 of the Law, as
and whereas the term of protection for performers and producers of phonograms is 50 years to be
calculated as from the first day of January of the Calendar Gregorian year following the year in which
the performance and/or fixation of the work took place. The term of protection for Broadcasting
Corporations is 20 years to be calculated as from the first day of January of the Calendar Gregorian
year following the year in which the broadcasting took place for the first time.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Articles 54 and 55 of the Copyright Law are the only provisions the issue of the applicability
of the said law.
According to Article 54 - and with the except ion of the applicability of Articles 41, 42,51
and 52 - the Copyright Law applies to works of art existing at the time of its enforcement.
On the other hand Article 55 provides that the said law applies to facts and agreements that
take place or get ratified after its enforcement, even when such facts and agreements are related to
works of art published and performed for the first time before that time.
It is worth mentioning that the representatives of Jordan had clarified that Jordan would also
provide retroactive protection for sound recordings in accordance with Article 14 of the TRIPSAgreement and Article 18 of the Berne Convention. (Paragraph 198 of the Report of the Working
Party on the Accession of the Hashemite Kingdom  of Jordan to the World Trade Organization)
C. T
RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
Article 2 of the Trademark Law No. 33 / 1952 and its amendments (for the year 1999), has
defined "Trademark" as "Any clear sign, used or shall be used, by  any person to distinguish his
goods, products or services from the goods, products, or services of others."
The conditions specified in the Trademark Law for eligibility of registration is provided under
Article 7 of the Law according to which a trademark shall be registered if:
- It has distinctive characteristics in terms of names, letters, numerals, figurative
elements, colours, or other characteristics, or  any combination thereof, bearing in mind that
the required distinctiveness applies in a manner which secures distinguishing the goods of theproprietor of the trademark from those of others.
- It is visually perceptible.IP/C/W/250/Add.1
Page 5
10. Please confirm whether or not services are a protectable subject matter in your trademark
law.  Please confirm if signs, such as trade names, are protectable.  Please describe if elements such
as sound, perfumes and containers are protectable.
Service marks are eligible for protection under the Trademark Law, as under Article 2 of the
said law, the definition of a "Trademark" includes any sign used to distinguish goods, products or
services.
As for the protection granted to trade names under the Trademark Law, kindly be informed
that whereas Article 8 of the law has enumerated the marks which may not be registered as
trademarks, Paragraph 9 of the said Article has explicitly stated that such prohibition applies "to
marks which contain the picture, name of the trade name of a person, or the name of a body corporateor of an association, unless the consent of the person or body corporate concerned has been obtained,
and in cases of persons recently dead, the registrar may ask for consents of their legal
representatives."
Sounds and perfumes are not protectable in Jordan as only visually perceptible signs are
eligible to be protected as trademarks under the Jordanian Trademarks Law.
As for containers kindly note that, while the element indicating different sorts of goods'
packaging could be registered as trademarks, in cases where it satisfies the conditions of eligibility for
registration identified under answer of question 9 here above, three-dimensional containers could beonly protected under the Law of Industrial Designs and Models No. 14 / 2000, and thus are not
eligible to be the subject of a trademark registration.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registrationin that respect.
Use of marks in Jordan does not constitute a condition for registration, and there is no
definition of use.
However, and in determining whether the trademark has a distinctive character, Article 7(3)
of the Trademark Law has entitled the Registrar or the court - as the case might be - to take intoaccount the extent to use, which has rendered the subject trademark distinctive for the goods in
respect of which it is registered or is intended to be.
On the other hand, and according to Article 22 of the Law, a mark registration is vulnerable to
a cancellation action by any interested party who can establish that the trademark was not actuallyused during the three consecutive years immediately preceding the application for cancellation or
that there was no bona fide  of using the mark on the goods or services in respect of which the mark
was registered, unless the trademark owner proves that non-use was due to special commercial
circumstances or to valid reasons that prevented its use.
12. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
According to the amendments of the Trademark Law that took place in 1999. a trademark
registration is valid for 10 years from the date of filing the application or from the priority date, to berenewable for periods of 10 years each.
Trademarks that have  already been filed or registered before  1 December, 1999 will remain
valid according to the old law (7 or 14 years) then be renewed every 10 years.IP/C/W/250/Add.1
Page 6
The new Trademark Law provides for a one-year period for late renewal of a trademark, and
if a trademark registration is not renewed within the grace period as from the date of expiration it
will be automatically cancelled.
13. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
Please see the answer to question 11.
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
According to Article 4 of the Law of Geog raphical Indications No. 8 / 2000, trademark
applications which contain geographical indications could be refused by the Registrar, and could be
subject to opposition and cancellation from the Register as well.  The said Article provides the
following:
"A. 1. The Trademarks Registrar may refuse to register any trademark if it consists of or
contains a geographical indication with respect to goods originating from other than that
indicated by use of such geographical indication, and in a manner, which misleads the public.
2. An opposition may be filed with the Trademarks Registrar for registering a
trademark as stated in Item 1 of this Paragraph.  A request for cancelling such trademark from
the Register may also be filed without restriction the period related thereto, which is
determined in the Trademarks Law in force.
B. The provisions of Paragraph A of this Article shall apply, although the geographical
indication is literally true, if the geographical indication falsely represents to the public that
the goods originate in other than its true origin.
C. The provisions of Paragraph A of this Article shall apply, even if the geographical
indication in a trademark identifying wines or spirits does not mislead the public.
D. For purposes of this Article, and subject to Item 2 of Paragraph A of this Article, the
procedures and periods provided for in the Trademarks Law in force shall be applied."
15. Please give the definition of a geographical indication in your legislation.
According to Article 2 of the Law of Geogra phical Indications No. 8 / 2000, "Geographical
Indication" is defined as "Any indication which identifies a good as originating in the territory of a
specific country, or a region or locality of that territory, where a given quality, reputation or other
characteristic of the good is essentially attributable to its Origin."
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
The Law of Geographical Indications No. 8 / 2000 establishes a link between the
geographical origin of an indication and its charac teristics as and according to the said law the
definition of the "Geographical Indication" in itself indicates that the characteristics of such an
indication should be essentially attributed to its origin.
Please see the answer to question 15 above for the definition of "Geographical Indication".IP/C/W/250/Add.1
Page 7
17. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
The higher level of protection required for wines and spirits under the TRIPS Agreement is
implemented in Articles 3A(2), 3(B), 4(C) and 6 of the Law of Geographical Indications No. 8 / 2000.
On the other hand, there is not any other product covered by this additional protection.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names
considered as generic in your jurisdiction.
Exceptions are provided under Article 7 of the Law.  The said Article lists the acts, which are
not considered to be in violation with the Law of Geographical Indications. Such acts are:
1. Acquiring a trademark which is identical and/or similar to a geographical indication,
in cases where such an acquire was through good faith use, and took place before theenforcement of the Law of Geographical Indications, or before the geographical indication is
accorded protection in its country of origin.
2. Filing an application for and/or registering in good faith a trademark, which is
identical and/or or similar to another geographical indication.
3. Use of a geographical indication of a certain country, which is identical to the
common Arabic term used in connections with any good or service in Jordan.
4. Use of one's name or his predecessors, in the course of trade, in a way, which does
not mislead the public.
5. Use of an unprotected geographical indication or that which ceases to be protected
and/or is not used any more in its country of origin.
Examples of the application of such exceptions cannot be provided as there is no registration
system yet adopted for geographical indications, and statistical information is unavailable.
E. I
NDUSTRIAL DESIGNS
19. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are
protected.
According to Articles 4(C) and 10(B) of the Law of Industrial Designs and Models No. 14 /
2000, industrial designs or models that are dictated by technical or functional considerations shall not
be registered.
Textile designs are protected under the Law of Industrial Designs and Models No. 14 / 2000
as textile designs are included in the definition of "industrial designs and models" provided under
Article 2 of the said law.IP/C/W/250/Add.1
Page 8
20. Please explain how your legislation protects right holders of a design against importing of
articles bearing embodied or copied design.
According to Article 10(A) of the law the owner of an industrial design or model has the right
to prevent third parties not having his consent from making, importing or selling articles bearing adesign that is a copy of his registered design wh en such acts are undertaken for commercial purposes.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Compulsory licensing is not provided under the Law of Industrial Designs and Models.
22. Please indicate for what period of time your  legislation grants protection for industrial
designs.
The term of protection is fifteen years beginning from the date of filing the application for
registration with the Registrar.
F. P
ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Article 3 of the Patent Law No. 32 / 1999 has defined the notions of novelty, inventive step
and industrial application.
According to the said Article the notion of novelty is defined in terms of industrial technology,
accordingly the invention for which patent protection is requested should not be previously disclosedto the public anywhere in the world, whether in written or verbal description, or through use, or any
other means which affects knowledge of the invention, prior to the date of filing a patent application,
or the priority date. Bearing in mind that the law had indicated that disclosure of an invention to the
public shall not be taken into account if it occurs within twelve months preceding the date of filing the
patent application, or the date of claiming priority in the application, if such disclosure was a result of
an act committed by the applicant, or the result of an unlawful act committed by a third party against
the applicant.
The notion of an inventive step is satisfied when reaching the invention is not obvious to a
skilled person in the art familiar with the prior state of the technology in the field of the invention.
The notion of capability of industrial application is fulfilled whereby it is capable of being
manufactured or used in any field of agriculture, fishing, services, or industry broadly defined,
including, handicrafts.
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how theseexclusions are applied in legal as well as practical terms.
There are certain exceptions from patent protection, such exceptions are provided under
Article 4 of the law, as follows:
"The following shall be excluded from patent protection:
A. 1. Inventions, the exploitation of which would be contrary to public order or morality.IP/C/W/250/Add.1
Page 9
2. Inventions, the prevention of its commercial exploitation, is necessary to protect
life and health of humans, animals, or plants, or to avoid serious prejudice to the
environment.
The application of the provisions of subparagraphs (1) and (2) of this Paragraph is conditional
on the fact that the exclusion of protection is not made merely because the invention's exploitation is
prohibited by other legislation in force.
B. Scientific discoveries or theories, and mathematical methods.C. Diagnostic, therapeutic and surgical methods for the treatment of both humans and
animals.
D. Plants and animals, other than microorganisms.E. Biological processes for the production of plants or animals, other than
non-biological and microbiological processes.
F. Inventions, whose application for registration for the first time outside the Kingdom,
had been filed by the owner more than eighteen months prior to the date of filing or
registration in the Kingdom."
The exceptions mentioned under paragraph A correspond to the exceptions provided under
Article 27.2 of the TRIPS Agreement.
The exception mentioned under paragraph B refers to purely theories, discoveries and
mathematical methods which may not in themselves be the subject of a patent either for lack ofnovelty or for independent existence in the nature which is totally in conformity with the philosophy
and principles of the Patent Law.
The exceptions mentioned under paragraphs C, D and E are compatible with exceptions
provided under Article 27.3 of the TRIPS Agreement.
Regarding the exception mentioned under paragraph F, kindly note that Jordan had previously
explained that this provision was included to encourage patent applicants to timely file patent
applications in Jordan and would operate in conjunction with. the novelty requirement.  On the other
hand and through the FTA Agreement, Jordan had undertaken to take all the necessary steps to clarify
that Article 4(F) of Jordan's Patent Law shall be understood to exclude from patent protection
inventions whose application for registration for the first time outside Jordan has been filed by theowner and published more than eighteen months prior to the date of filing for registration in Jordan.
Thus, an inventor, who outside of Jordan files but then withdraws a patent application prior to
publication, shall be permitted to file for a patent application in Jordan (Paragraph 6 of the
Memorandum of Understanding on Issues Related to the Protection of Intellectual Property Rights
Under the Agreement Between Jordan and the United States of America on the Establishment of aFree Trade Agreement.)
Exceptions to the exclusive rights of the patentee are described under the answer to question 33
below.IP/C/W/250/Add.1
Page 10
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
According to Article 4(A)(1) of the Patent Law, inventions which exploitation would be
contrary to public order or morality are excluded from patent protection. There is no practical
application until this date.  The Implementing Regulation is currently before the Legislative Bureau
and is expected to be issued soon.
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
According to Article 4(C) of the Patent Law, diagnostic, therapeutic and surgical methods for
the treatment of both humans and animals are excluded from patent protection.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation. If so, please explain the relevant section of your
legislation and explain its formulation.
Plants, animals and biological processes are excluded from patent protection as has been
explicitly excluded in Paragraphs D and E of Article 4 of the Patent Law.
28. Please describe how micro-organisms, non-essentially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the
relevant sections of your legislation.
Where micro-organisms satisfy the terms of patentability they are eligible for patent
protection under the Patent Law.  Whilst paragraph D of Article 4 of the Patent Law has excluded
plants and animals from patent protection, the same paragraph had excluded microorganisms from
such an exclusion as it mentioned:
"The following shall be excluded from patent protection: (…)
D. Plants and animals, other than microorganisms. (…)"
29. Please explain how your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
Pursuant to Article 21 of the law, the Patentee shall be entitled to the following rights:
- Where the subject matter of the patent is a product:  the right to prevent third parties
from making, exploiting, using, offering for sale, selling, or importing the product.
- Where the subject matter of the patent is a process: the right to prevent third parties
from using the process, or using the product manufactured direct1y by such process, or
offering for sale, selling, or importing such product.
30. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
Manufacturing methods and special chemical operations related to chemical products,
medications, pharmaceuticals compounds or food are fully protected and could be the subject of a
valid patent in Jordan.IP/C/W/250/Add.1
Page 11
It is worth mentioning that whilst the enforc ement of Paragraph D of Article 36 required a
special decision from the Cabinet which was not issued  at the time when the Patent Law entered into
force, Paragraph E of the same Article provided that Paragraphs C and D shall come into force within
one month after the issuance of a decision to this effect by the Cabinet which should take place during
a maximum period of three years from the date of Jordan's accession to the WTO, and if the samedecision was not issued during that time, then the provisions of said paragraphs shall automatically
come into force upon the lapse of the three years period.
However a decision by the Council of Cabinet has been issued on 28 March 2000.  Thus
Paragraph D of Article 36 is fully effective now without any transitional period.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers
the product obtained directly by that process.
Yes, it does as Article 21(A) 2) of the Patent Law which deals with the Patentee's rights
provides the following:
"1. The Patentee shall be entitled to the following rights:
2. Where the subject matter of the patent is an industrial process, the right to prevent
third parties from using the process, or using the product manufactured direct1y by such
process, or offering for sale, selling, or importing such product, without the patentee'sconsent."
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,please point out the relevant legislations and describe the additional conditions in detail.
There are no additional conditions.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Article 21(C) of the Patent Law excludes the following from the concept of civil or criminal
infringement of the Patentee's rights:
- Acts related to conducting research and development,
- Submission of applications for marketing approval which takes place prior to the
expiry date of the patent protection.
34. Please explain whether or not your legislation provides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular,please explain how your national le gislation considers individual merits in the authorization of such
use.
Compulsory licensing is provided under Articles 22-26 of the Patent Law.  The terms and
conditions under which a compulsory licence is granted by the Minister of Industry and Trade arefully consistent with Article 31 of the TRIPS Agreement.
The cases under which the Minister of Industry and Trade may grant compulsory licences are
restricted to paragraphs A - C of Article 22 of the Patent Law, and are not mentioned by way of
example as the language of the said article clearly indicates.IP/C/W/250/Add.1
Page 12
The terms and conditions that should be addressed and/or taken into consideration when
issuing a compulsory licence is provided under Articles 22 - 26 of the Patent Law.
Paragraph A of Article 23 of the law provides that the merit of the licence application shall be
on a case by case basis.  There is no practical application yet as the implementing Regulation is
currently before the Legislative Bureau.
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts
to obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time. In this context, how do you
define "reasonable period of time".  Please also explain how your legislation ensures that the use of acompulsory licence shall be authorised predominantly for the supply to the domestic market of the
Member authorizing such use.
Article 23 (B) of the Patent Law explicitly provides that - and before issuing the compulsory
licence - the applicant should have sought to obtain a licence from the patentee to exploit the patent ata reasonable price and terms, and failed to reach an agreement within  a reasonable period of time.
The definition of the "reasonable period of time" is not provided under the law , thus we believe that it
will be determined by the competent authority on a case by case basis.
Paragraph F of Article 23 of the Patent Law stipulates that granting the compulsory licence
should aim at meeting the needs of the domestic market.
36. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection has lapsed.
Additional terms of protection are not provided.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1
st January 1995.
Jordan joined the WTO in April 1999.  Its new Patent Law, drafted to meet the obligations
and criteria of protection according to the TRIPS Agreement, was effective beginning from the1 November 1999.
Jordan did not obtain any transitional period and the mail box option was not provided,
accordingly all applications submitted after 1 November, 1999 are protected under the new Patent
Law No. 21 / 1999 which includes the enhanced protection provided under the TRIPS Agreement.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Yes.  Provided under Article 34(A) of the Patent Law, which provides the following:"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, is different from the
process protected by the patent, if the production is made without the Patentee's consent and ifthere 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."IP/C/W/250/Add.1
Page 13
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
Topographies are protected under the Law for the Protection of Layout-Designs of Integrated
Circuits No. 10 / 2000.
40. Please explain what protection your national legislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
According to Article 9(A) of the Law for the Protection of Layout Designs of Integrated
Circuits, the right holder has the right to prohibit others not having his consent from reproducing his
protected layout-design whether by incorporating it in  an integrated circuit or otherwise, and whether
such reproduction involved the entire layout-design or  any part of it.  Additionally, the said Article
grants the right holder the right to prohibit any commercial import, sale or distribution of the protected
layout-design, or an integrated circuit in which such a layout-design is incorporated, or any articleincorporating such a circuit in as much as it co ntains an unlawfully reproduced layout-design in a
constant manner.
41. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds toknow when acquiring an integrated circuit or an article incorporating such an integrated circuit that
it contains an unlawful topography.
Article 10(B)(4) of the law exempted the following from the concept of infringement:
"Acts of commercial import, sale or distribution, in respect of an integrated circuit
incorporating an unlawfully reproduced layout-des ign, or in respect of an article incorporating
such a circuit, if the person who committed such an act did not know and/or had no
reasonable grounds to know, when acquiring the said integrated circuit or article, that it
incorporated an unlawfully reproduced layout-design."
However and upon the right holder's notification of the unlawful act, performance of any of
the acts with respect to the stock on hand products and/or products contracted prior to the time of
notification is permissible under the law, provided that the right holder is reimbursed with an amount
equal to the royalties that would have been paid in accordance with a freely negotiated licence.
42. Please state the term of protection granted by your legislation to topographies.
According to Article 21(B) of the Law for th e Protection of Layout-Designs of Integrated
Circuits, the term of protection of a layout-design is ten years counted from the date of the first
commercial exploitation of a layout-design anywhere in the world, provided that such term does not,
in any case, exceed fifteen years from date of the creation of the layout-design.IP/C/W/250/Add.1
Page 14
H. PROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
In general and according to the Law of Unfair Competition and Trade Secrets No. 15 / 2000,
undisclosed information (and/or trade secrets as it is named under the said law) does not have a
defined period of protection.  However, kindly note that Article 8(A) of the same law defined the term
of protection for undisclosed data and/or tests submitted before an official authority in order to
approve the marketing of pharmaceutical or of agri cultural chemical products for five years to be
calculated as from the date of obtaining the marketing approval.
44. Please explain how your legislation defines "undisclosed information".
While the law does not provide for a specific definition of the term "undisclosed information"
and/or "trade secrets", Article 4 of the law identifies the elements and/or characteristics of the
information which may render it as undisclosed information and/or a trade secret eligible for trade
secret protection.  The said Article provides the following:
"A. For purposes of this Law, any information shall be considered a Trade Secret if.-
1. It is a secret in the sense that it is not, as a body or in the precise configuration,
generally known among, or readily accessible to persons within the circles thatnormally deal with the kind of information in question;
2. It has commercial value because it is a secret;3. It has been subject to reasonable steps under the circumstances, by the right holder,
to keep it a secret.
B. The provisions of this Law shall not be applied to Trade Secrets, which are
inconsistent with public order or morality."
As for the definition of "Undisclosed data and/or  tests ", please see the answer to question 45
below.
45. Please explain how your legislation defines da ta submitted to governments or governmental
agencies.
While the Law of Unfair Competition and Trade Secrets did not provide a separate definition
for the term "undisclosed data", Article 8 of the said law had specified the characteristics of the
undisclosed data and/or tests submitted before official authorities in Jordan in order to obtain
marketing approval related to the marketing of pharmaceutical, agricultural or chemical products.
According to the said Article such data and/or tests should be reached and/or should be the
result of considerable efforts, and should be used in connection with products, which utilize new
chemical entities.  Such conditions are totally consistent with Article 39.3 of the TRIPS Agreement.IP/C/W/250/Add.1
Page 15
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
General provisions:
As a general rule, civil infringements of IPR, misuses of a trade secret or acts of unfair
competition are characterized as torts.  As such they are subject to Articles 48, 49, 256, 257, 259, 263,
266, 267, 268 and 269 of the Civil Code No. 34 /1976.
In addition to the Civil Law, the Law of Civil Procedure contains provisions relating to civil
judicial procedures and remedies.  Under the La w of Civil Procedures, and along with the final
decision, the court shall decide to compensate the li tigant in favor of whom the verdict was issued, for
the fees and expenses emanating from filing the lawsuit and its procedures. 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.  In addition to all sorts of fees and expenses, the Court may decide oncompensation of attorneys' fees.
Specific provisions:
Jordanian intellectual property enforcement mechanisms are TRIPS compatible.  The
provisions including such enforcement measures are as follows:
• Patent Law No. 32 /1999, Articles 32-34
• Law for the Protection of New Plant Varieties No. 24 / 2000, Article 29
• Trademarks Law No. 33 / 1952 as amended in1999, Articles 34, 38, 39
• Copyright Law No. 22 / 1992 as amended in 1998 and 1999, Articles 46-52
• Law for the Protection of Layout-Designs of Integrated Circuits No. 10 / 2000, Article 22
• Law of Industrial Designs and Models No. 14 / 2000, Article 17
• Law of Geographical Indications No. 8 / 2000, Article 8
• Law of Unfair Competition and Trade Secrets No. 15 / 2000, Articles 3 and 7.
The available remedies under the above provisions are as follows:
Trademarks
- Civil liability: claiming damages including recovery of lost profits, expenses and attorney's
fees.
- Criminal Liability (imprisonment for a period of 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 or
both
- Provisional measures:
1. Cease the infringement.
2. Place a provisional attachment on the product subject of infringement wherever
found.
3. Preserve the evidence related to the infringement.IP/C/W/250/Add.1
Page 16
- Confiscation of the goods, packaging, rolling ma terials, advertisement, portraits, seals and
other tools and materials primarily used for printing the trademark on goods, or used for
committing the infringement, or resulted in the infringement.
- Destruction of the goods, packaging, rolling materials, advertisement, portraits, seals, and
other tools and materials primarily used for printing the trademark on goods, or used for
committing the infringement, or resulted in the infringement, or its use for non-commercial
purposes.
Patents
- Civil liability: claiming damages including recovery of lost profits, expenses and attorney's
fees.
- Criminal liability (imprisonment for a period of 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 or
both.
- Provisional measures:
1. Cease the infringement.
2. Place a provisional attachment on the product subject of infringement wherever
found.
3. Preserve the evidence related to the infringement.
- Confiscation of the products, tools, and main materials used, or resulting in infringement.
- Destruction of the products, tools, and main materials used, or resulting in infringement, or
their use for non-commercial purposes.
Copyright
- Civil liability: claiming damages including recovery of lost profits, expenses and attorney's
fees.
- Criminal liability (imprisonment for a minimum term of three months and a maximum term
of three years, and to a fine of not less than 1000 JD and not more than  3000 JD, or to either
of the punishments).
- Provisional measures:
1. Cease the infringement.
2. Place a provisional attachment on the product subject of infringement wherever
found.
3. Preserve the evidence related to the infringement.
- Destruction of the copies or photocopies unlawfully published, along with the materials used
in its publication.
- Alteration of features of such copies, photocopies, and materials so as render them unfit for
use.
- Confiscation and sale of the copies or reproductions of the work and of the material used for
the reproduction.IP/C/W/250/Add.1
Page 17
- Upon the request of the judgement beneficiary the court may order publication of its
judgment in one or more dally or weekly newspapers at the convicted party's expense.
Layout Designs of Integrated Circuits
- Civil liability: claiming damages including recovery of lost profits, expenses and attorney's
fees.
- Provisional measures:
1. Cease the infringement.
2. Place a provisional attachment on the product subject of infringement wherever
found.
3. Preserve the evidence related to the infringement.
- Confiscation of the products, tools, and main materials used, or resulting in infringement.
- Destruction of the products, tools, and main materials used, or resulting in infringement, or
their use for non-commercial purposes.
Industrial Designs and Models
- Civil liability: claiming damages including recovery of lost profits, expenses and attorney's
fees.
- Provisional measures:
1. Cease the infringement.
2. Place a provisional attachment on the product subject of infringement wherever
found.
3. Preserve the evidence related to the infringement.
- Confiscation of the products, tools, and main materials used, or resulting in infringement.- Destruction of the products, tools, and main materials used, or resulting in infringement, or
their use for non-commercial purposes.
Geographical Indications
- Civil liability: claiming damages including recovery of lost profit, expenses and attorney's
fees.
- Provisional measures:
1. Cease the infringement.
2. Place a provisional attachment on the product subject of infringement  wherever
found.
3. Preserve the evidence related to the infringement.
- Confiscation of the products, tools, and main materials used, or resulting in infringement.IP/C/W/250/Add.1
Page 18
- Destruction of the products, tools, and main materials used, or resulting in infringement, or
their use for non-commercial purposes.
Plant Varieties
- Civil liability: claiming damages including recovery of lost profit, expenses and attorney's
fees.
- Provisional measures:
1. Cease the infringement.
2. Place a provisional attachment on the product subject of infringement wherever
found.
3. Preserve the evidence related to the infringement.
Unfair Competition and Trade Secrets
- Civil liability: claiming damages including recovery of lost profit, expenses and attorney's
fees.
- Provisional measures:
1. Cease the infringement.
2. Place a provisional attachment on the product subject of infringement wherever
found.
3. Preserve the evidence related to the infringement.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
Under the Jordanian different legislation for the protection of Intellectual Property, the final
decision of the Registrar is subject to appeal before the High Court of Justice.
In addition, final administrative decisions are subject to appeal before the High Court of
Justice, which enjoys such a jurisdiction according to Article 9(A) of the Law of High Court of Justice
No. 12 / 1972.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
Production of evidence:  Pursuant to the Law of Civil Procedures and the Law of Evidence, courts are
entitled to request any party to produce documents which lie within his control, and that might be
relevant to the case.
Protection of confidential information:  Courts have a discretionary power to hold cases behind closed
doors. This discretion may extend to cases where there is need to present confidential information
taking into consideration that courts are bound to observe the Trade Secrets Law.
Moreover, Article 34(B) of the Patent Law provides:
"B. 1. The court shall take into account the legitimate interests of the defendants to
protect their industrial and commercial secrets when requesting evidence according to
Paragraph A of this Article.IP/C/W/250/Add.1
Page 19
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 of a
court's decision."
49. Please quote provisions of your legislati on that authorize judges to order a defendant to
desist from an infringement.
All IP laws contain provisions that give the right holder the option to cease the infringement
of the product and /or work subject of infringement wherever found, which measure may be taken by
a court of law upon petition of the right holder or successor.  Such provisions are as follows:
• Patent Law No. 32 /1999, Article 33
• Law for the Protection of New Plant Varieties No. 24 / 2000, Article 29
• Trademarks Law No. 33 / 1952 as amended in 1999, Article 39
• Copyright Law No. 22 / 1992 as amended in 1998 arid 1999, Articles 46 and 47.
• Law for the Protection of Layout-Designs of Integrated Circuits No. 10 / 2000,
Article 22
• Law of Industrial Designs and Models No. 14 / 2000, Article 17
• Law of Geographical Indications No. 8 / 2000, Article 8
• Law of Unfair Competition and Trade Secrets No. 15 / 2000, Articles 3 and 7.
50. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury he suffered.
All IP laws provide for a civil liability against infringement where the right holder can claim
compensation of damages, in addition to fees and expenses. (Please see the answer to question 46).
The general rule under the Civil Law is that "every injurious act shall render the person who
commits it liable for damages even if he is a non-discerning person".  The said law had clearlyprovided the right of any person subject to unlawful assault in respect of any of his rights for the
abatement of that assault together with compensation for any damage he may have suffered.
The provisions of the Civil Code No. 34 /1976 according to which the judge may order the
payment of adequate damages to the right holder are the following: Articles 48, 49, 256, 257, 259,263, 266, 267, 268 and 269.
It is worth mentioning that under Article 4( 24) of the Free Trade Agreement signed between
Jordan and the United States on 24 October 2000 (FTA Agreement), Jordan undertook to provide, at
least in cases of knowing trademark, copyright and related rights, its judicial authorities with the rightto order the infringer to pay the right holder damage s adequate to compensate for the injury the right
holder has suffered as a result of the infringement and any profits of the infringer that are attributable
to the infringement that are not taken into account in computing such damages . Injury to the right
holder shall be based upon the value of the infringed upon item, according to the suggested retail price
of the legitimate product , or other equivalent measures established by the right holder for valuingauthorized goods.
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
Under Articles 161, 166 and 189 of the Law of Civil Procedures No. 24 /1988, the court shall
- and along with the final decision - decide to co mpensate the litigant in favor of whom the verdict
was issued, for the fees and expenses emanating, from filing the lawsuit and its procedures, theIP/C/W/250/Add.1
Page 20
expenses of any specific petitions or session when requested by any of the parties during the process
of litigation and without prejudice to any decision that might be issued later on with regard to
expenses, and attorneys' fees.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
Judges' authority to order the placement of infringing goods outside the channels of
commerce and their destruction is provided under the intellectual property legislation.  Please see the
answer to question 46 in this respect.
In addition, the Customs Law No. 20 / 1998 as amended in 2000 prohibits the entry into the
Kingdom of imported goods, which constitute infringement of any intellectual property right
protected under the relevant Legislation in force.  Article 41(A)(2) indicates that the competent court
shall issue its decision in the petition submitted before  it by the right holder in this regard within three
days of the date of submission.
On the other hand, Instructions No. 7 / 2000 on Border Measures for the Protection of
Intellectual Property Rights, were issued pursuant to the Customs Law for this purpose.  The said
Instructions provide for the procedures that should be adopted by the Customs Department in respect
of executing the decision of the competent court of suspending release and clearance of infringed
goods.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
While all IP laws include efficient enforcement mechanisms as required by the TRIPS
Agreement, they ensure and/or provide for safeguards against their abuse as, and under the said 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 damagesthat may be sustained by the defendant, if the petitioner proves to be unjustified in his
claim or if he fails to commence an action on the merits within 8 days.
• In addition and while the petitioner and/or right holder alleging infringement upon his
IPR may, prior to filing a lawsuit, petition the court to take any of the provisional
measures, without notifying the defendant, if he proves that he is the right holder and
that his rights had been infringed upon, or that such infringement is imminent and
líke1y to cause damages of irreparable harm or, where there is a demonstrable risk of
evidence being destroyed or disappeared, all laws provide that such petition should be
attached with a bank guarantee or a cash deposit accepted by the court, and that thedefendant may appeal this decision within eight days of notification.
• If the plaintiff fails to file the case within eight days from the date at which the court
approves his request for provisional measure, all measures taken in this regard shallbe nullified.
• The defendant may claim just compensation if the court decides that the plaintiff
and/or the right holder's claims are invalid, or if the plaintiff fai1s to file a lawsuitwithin the specified period.
• Finally, under the Customs Law No. 20 / 1998 and its amendments, the competent
court which had issued a decision of suspending the release and clearance of infringedIP/C/W/250/Add.1
Page 21
goods according to the petition submitted before it by the petitioner in this respect,
may order the petitioner to pay the importer of the goods, the person receiving such
goods, and the owner of such goods thereof, the just compensation for all the damages
sustained as a result of suspending the procedures of release and clearance, if the
petitioner was unjustified in his claim or he fails to file a lawsuit within 8 days of hisnotification of the decision of suspension.
The provisions of the law that reflect the above captioned safeguards are found under the
following articles:
• Patent Law No. 32 /1999, Article 33
• Law for the Protection of New Plant Varieties No. 24 / 2000, Article 29
• Trademarks Law No. 33 / 1952 as amended in 1999, Article 39
• Copyright Law No. 22 / 1992 as amended in 1998 and 1999, Articles 46 and 47
• Law for the Protection of Layout-Designs of Integrated Circuits No. 10 / 2000,
Article 22
• Law of Industrial Designs and Models No. 14 / 2000, Article 17
• Law of Geographical Indications No. 8 / 2000, Article 8
• Law v of Unfair Competition and Trade Secrets No. 15 / 2000, Articles 3 and 7
• Customs Law No. 20 / 1998 and its amendments: Article 41.
54. Please explain how your legislation im plements Article 50 the TRIPS Agreement.
1. All IP laws provide for provisional measures, which may be taken by a court of law upon
petition of the right holder or successor.  The options under such measures are as follows:
A. Cease the infringement.
B. Place a provisional attachment on the product subject of infringement wherever
found.
C. Preserve the evidence related to the infringement.
2. On the other hand, all IP laws set the same procedures for initiation, ordering, and
maintenance in force of such a measure, which involves filling a petition with the competent court andsubmitting therewith a monetary guarantee sufficient to prevent arbitrariness, and any damages
sustained by the defendant if the petitioner proves to be unjustified in his claim.
3. The petitioner and/or right holder may, prior to  filing a lawsuit, petition the court to take any
of the provisional measures, without notifying the defendant, if he proves to the court that he is theright holder and that his rights had been infringed upon, or that such an infringement is imminent and
is likely to cause damages of irreparable harm, or where there is a demonstrable risk of evidence
being destroyed or disappeared.  In all cases such a petition should be attached with a bank guarantee
or a cash deposit accepted by the court.  On the other hand, the defendant may appeal this decision
within eight days of notification, and the decision of the Court of Appeal issued in this regard shall be
considered final.IP/C/W/250/Add.1
Page 22
4. Upon proving that the petitioner is the right holder and that his rights had been infringed or
that such an infringement is imminent, the Court may take any of the measures on a provisional basis
and without notifying the defendant so as to prev ent the act of infringement from occurring, or to
preserve evidence relevant to the act of infringement.
5. If the right holder fails to file the lawsuit within eight days from the date the court approves
his petition, all measures taken in this regard shall be nullified.
6. The defendant may claim just compensation if the court decides that the plaintiff and/or the
right holder's claims are invalid.
7. Additionally, the Customs Law No. 20 / 1998 and its amendments of 2000 provides that any
petition submitted to suspend release and clearance of the infringing goods should be attached with a
cash or bank guarantee accepted by the court.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
In order to suspend release and clearance of the infringed goods the right holder should
submit his petition to the competent court accompanied with an acceptable cash or bank guarantee,
which court should issue its decision in this regard within three days of the date of submitting the
application.
On the other hand, and where there is a decision issued by the competent court to suspend
clearance or release of goods, such a decision shall be referred to the Tariff Directorate at the Customs
Department, which undertakes to execute the said decision and addresses the relevant Customs
Department for execution.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
While there are no specific provisions governing the act of exporting infringed goods per se,
kindly keep in mind that such goods are still considered as infringed goods in the broad sense of
infringement as identified and penalized under the different kinds of intellectual property legislationand/or other related legislation thus, and even while it is located at customs yards and warehouses,
such goods are still the subject of the different kinds of remedies available in respect of its
manufacturing , possession , importation acquiring , using, offering for sale or any of the penalized
acts according to the relevant kind of IPR.
57. Please quote what provisions of your legislation authorize the competent authorities to order
the destruction or disposal of infringing goods.
Destruction of the infringed products, tools, and main materials used, or resulting in
infringement, or their use for non-commercial pur poses is provided under the following IP laws:
• Trademarks Law No. 33 / 1952 and its amendments
• Copyright Law No. 22 / 1992 and its amendments
• Patents Law No. 32 / 1999
• Law of Industrial Designs and Models No. 14 / 2000
• Law for the Protection of Layout-Designs of Integrated Circuits No. 10 / 2000
• Law of Geographical Indications No. 8 / 2000.
Please see the answer to question 46.IP/C/W/250/Add.1
Page 23
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
According to Article 41(F) of the Customs Law as well as Article 5 of the Instructions on
Border Measures for the Protection of Intellectua l Property Rights No. 7 / 2000, the following are
excluded:
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 andgoods which are placed in the markets of the exporting country by the right holder or upon
permission thereof
59. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
Right holders of trademarks, copyrights and patents enjoy the options provided under
Article 61 of the TRIPS Agreement.  Please see the answer to question 46.
UNITED STATES
1
18. On the issue of marketing approval, Article 21(C) of the patent law appears to permit third
parties to submit applications for marketing approval for pharmaceutical and agricultural chemical
products prior to the expiration of a patent.  During previous discussions, Jordan explained that theoperation of this provision would be coordinated with the MOH and the MOA to ensure that no
approvals would be granted until patent expiry.  Please describe the Jordanian marketing approval
process in detail, identifying any relevant regu lations, and explain how it ensures protection against
unfair commercial use of data as required by Article 39.3 of the TRIPS Agreement.
What is currently applied in respect of obtaining marketing approval in respect of drugs:
(i) An application for registration of the drug should be submitted by the responsible pharmacist
acting as an agent for the manufacturing company or its technical manager at the local drug
factory.  The said application should be attached with a notice from the Ministry of Industry
and Trade indicating the status of the drug (i.e. whether it is registered as a patent or not), and
thus it will be granted a number and a date indicating the date of its submission.
(ii) Drugs are examined by the "Technical Committee for Drugs Supervision" to check it if it is
protected or not under a patent (according to the notice sent by the Ministry of Industry and
Trade), and to check the lapse of 5 years or more from the date of granting the original drug a
marketing approval in Jordan pursuant to Article 8(A) of the Law of Unfair Competition andTrade Secrets.  The marketing approval would be given after the lapse of the patent term.
(iii) Should the Technical Committee for Drug Supervision verify, and upon illustrating the drug
at the Laboratory of Drug Supervision, the validity, quality and efficiency of the subject drug
(the Law of Practising the Profession of Pharmacy No. 43 / 1972, and the Regulation of theTechnical Committee for Drug Supervision No. 15 / 1973), then the said committee will
                                                     
1 Jordan's responses to the other questions posed by the United States were circulated in document
IP/C/W/250.IP/C/W/250/Add.1
Page 24
approve the registration of the subject drug which will be priced upon a decision of the
Minister according to the recommendation of the same committee.
(iv) The responsible pharmacist acting as an agent for the manufacturing company or its technical
manager at the local drug factory will be notified with the price that has been decided to begranted to the drug, and if it was the same price requested by the manufacturing company,
then the store or factory will be notified with the decision and a registration number will be
granted.
If the price decided to be granted to the drug was different from the price requested from the
manufacturing company, the store will be notified with the same decision and should the
company approve it, the drug will be granted a number pursuant to an official notice whichdate will be considered as the date for approving the marketing of the drug in the Kingdom.
The store may object to the price within two months of the date of its notification of the
decision of pricing and it may accept it within six months from the date such notification and
in this case the drug will be granted a registration number according to an official notice.IP/C/W/250/Add.1
Page 25
ANNEX
International Agreements Law Amending the
Copyright Protection LawComments
According to Article 9.1 of
TRIPS, Members shall comply
with Articles 1 through 21 of the
Berne Convention.(as adopted by the Parliament
August 1999)Jordan has in place the following:
• Copyright Protection Law
No. 22 / 1992
• Amendments No. 14 / 1998
to the Copyright Protection
Law No. 22 / 1992
Throughout this table, we will
refer to the above laws as the
"Original Law".  In addition, a
law amending the Original Law
was adopted by the Parliament in
August 1999.  Jordan ratified the
Berne Convention. 1t has been in
effect since July 1999.
Article 2(1) Berne Article 3/13, Original Law
Article 2(2) Berne Article 3/13, Original Law.
Article 2(3) Berne Article 5/A, Original Law
covers translations and
alterations, as for musical
alterations or, there is no
specific equivalent for them in
the Law, except for what is
stated in Articles 8/C and 5/A.
Article 2(4) Berne Article 7 of the Original Law
Article 2(5) Berne Articles 3/D, 5/C, Original Law
Article 2(6) Berne Articles 27 and 9, Original Law
Article 2(7) Berne Not in violation.
Article 2(8) Berne Article 7/13, Original Law
Article 2bis (1) Berne Articles 19, 7/A, Original Law
Article 2bis (2) Berne Article 19, Original Law
Article 2bis (3) Berne Articles 3/B/2,  5/C Original Law
Article 3(1), (2) Berne Article 14
Article 3(3) Berne Article 33/A, Original Law
Article 3(4) Berne Not in violation.
Article 4 Berne Article 3/B/5, Original Law
Article 5 Berne Not in violation,
see Article 15, Law Amending
the Copyright LawIP/C/W/250/Add.1
Page 26
Article 6 Berne Not in violation,
Original Law does not include
any restrictions; see also
Article 15, Law amending the
Copyright Law.
Article 6 bis Berne Does not apply according to
Article 9.1 of TRIPSArticle 8, Original Law
Article 7(1) Berne Article 9 Article 30, Original Law
Article 7(2) Berne Article 10
Article 7(3) Berne Article 31/D, Original Law
Article 7(4) Berne Article 11
Article 7(5) Berne See above mentioned In conformity
Article 7(6),(7),(8) Berne Not in violation
Article 7bis Berne Article 9 Article 30, Original Law
Article 8 Berne Article 9/C, Original Law
Article 9(1) Berne Article 9/B, Original Law
Article 9(2) Berne Article 4/13
Article 9(3) Berne Not in violation,
see Article 9/B, Original Law
Article 10(1) Berne Article 17/D of the Original
Law
Article 10(2) Berne Article 4/A
Article 10(3) Berne Article 4/A
Article 10bis (1) Berne Not in violation,
see Article 18, Original Law
Article 10bis (2) Berne Not in violation,
 see Article 24, Original Law
Article 11(1) Berne Not in violation,
see Article 9/E, Original Law
Article 11(2) Berne Not in violation,
see Article 9/C, Original Law
Article 11bis(1) Berne Not in violation, see
Articles 8/B, 9/E Original Law
Article 11bis (2) Berne Not in violation,
see Article 13, Original Law
Article 11bis (3) Berne Not in violation, see
Article 24, Original Law
Article 11ter (1) Berne Not in violation,
see Article 9/E, Original Law
Article 11ter (2) Berne Not in violation, see
Article 9/C, Original Law
Article 12 Berne Not in violation, see
Articles  8/C&D, 9/C
Original Law
Article 13 Berne Not in violation
Article 14 Berne Not in violation, see
Article 9, Original Law
Article 14bis (1) Berne Not in violation, see
Article 5/A, Original Law
Article 14bis (2) Berne Not in violation, see
Article 37, Original LawIP/C/W/250/Add.1
Page 27
Article 14bis (3) Berne Not in violation, see
Article 37/C, Original Law
Article 14ter Berne Article 8
Article 15 Berne Not in violation, see
Articles 4, 35/C and 26,
Original Law
Article 16 Berne Not in violation, see
Article 47/C, Original Law
Article 17 Berne Not in violation
Article 18(1) Berne Not in violation, see
Article 7/C, Original Law
Article 18(2) Berne Not in violation
Article 18(3),(4) Berne Not in violation
Article 19 Berne Not in violation
Article 20 Berne Not in violation
Article 21 Berne Not in violation
Article 9.2 TRIPS Not in violation, see Articles 2
& 3/B of the Original Law
Article 10.1 TRIPS Article 2
Article 10.2 TRIPS Not in violation, see Article 3/D
of the Original Law
Article 11 TRIPS Article 9/d of the Original Law
Article 12 TR1PS Articles 9, 10, 11
Article 13 TRIPS Articles 4/A, B and 5 and 7
Article 14.1 TRIPS Not in violation, see
Articles 5/B and  23/A/1,
Original Law
Article 14.2 TRIPS Article 6/Second/B
Article 14.3 TRIPS Article 6/First/A
Article 14.4 TRIPS Article 6/Second/B
Article 14.5 TRIPS Not in violation, see
Article 23 C, D, Original Law
Article 41.1 TRIPS General provision
Article 41.2 TRIPS General provision
Article 41.3 TRIPS Article 160,
Code of Civil Procedures
Article 41.4 TRIPS Articles 9 and  10,
High Court of Justice Law
Article 41.5 TRIPS General provisionIP/C/W/250/Add.1
Page 28
Article 42 TRIPS Notification:
Articles 56, 57, 58/2, 59/3,
Code of Civil Procedures
Representation by legal counsel:
Article 63/1, Code of Civil
Procedures and the Bar
Association Law
Personal Appearance:
Article 63/1, Code of Civil
Procedures, and
Articles 168, 169, Code of
Criminal Procedures
Evidence:
Article 57, Code of Civil
Procedures (Plaintiff),
Article 59, Code of Civil
Procedures (Defendant), and
Article 157, Code of
Criminal Procedures
Confidential Information:
Article 51/1, Code of Civil
Procedures
Article 37, Evidence Law
Article 355/3, Criminal Law
Jordan has also prepared a draft
Law on Trade Secrets
Article 43.1 TRIPS Articles 20, 21, 22, and 23,
Evidence Law,
Articles 100 and 107,
Code of Civil Procedures
Article 43.2 TRIPS Article 107, Code of Civil
Procedures
Article 44 TRIPS Article 12,
Amending Article 46(A) 1)
Article 45.1 TRIPS Article 49, Original Law
Article 45.2 TRIPS Articles 161 and 166,
Code of Civil Procedures
Article 46 TRIPS Article 12,
Amending Article 46(A) 2)Articles 30 and 31,
Criminal Law
Article 47 TRIPS Not an obligatory provision
Article 48.1 TRIPS Article 12,
Amending Article 46(C)Articles 66 and 256,
Civil Law (Damages) and
Article 166, Code of Civil
Procedures (Expenses and
Attorney's fees)
Article 48.2 TRIPS Article 61, Criminal Law
Article 49 TRIPS General provision
Article 50.1 TRIPS Article 12,
Amending Article 46(C)Articles 3/2, 32, 115/4,
Code of Civil ProceduresIP/C/W/250/Add.1
Page 29
Article 50.2 and  50.3 TRIPS Article 12,
Amending Article 46(D)Article 33/1,
Code of Civil Procedures
Article 50.4 TRIPS Article 12,
Amending Article 46(D)
Article 50.5 TRIPS Not an obligatory provision
Article 50.6 TRIPS Article 12,
Amending Article 46 (F)
Article 50.7 TRIPS Article 12,
Amending Article 46(G)Articles 66 and 256,
Civil Law
Article 50.8 TRIPS General provision
Articles 51- 60 TRIPS Covered under
the Customs Regime
Articles 61 TRIPS Article 51, Original Law
Seizure:
Articles 30 and 31,
Criminal Law,
see also Jordan's
implementation of
Article 46 TRIPS (above)
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