RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/JOR/1
IP/Q2/JOR/1
IP/Q3/JOR/1
IP/Q4/JOR/1
13 August 2001
(01-3982)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
JORDAN1
The present document reproduces the introductory statement made by the delegation of
Jordan, the questions put to it and the responses given in connection with the review of legislation
undertaken at the Council's meeting of 2-5 April 2001.2
_______________
I. INTRODUCTORY STATEMENT
This statement is divided into four sections.  The first section is introductory, covering the
historical background of intellectual property in Jordan.  The second section deals with the effect of
Jordan's accession to the WTO on the intellectual property legal environment and the last section is
about enforcement.
A. HISTORICAL BACKGROUND
My government would like to deal with this re view as an opportunity to promote a solid legal
environment, which Jordan has been building for inte llectual property, taking into consideration that
such an environment would rear and enhance inve stments in different sectors of the economy and, in
particular, in the field of intellectual property.
Jordan has a long history in dealing with intellectual property, dating back to the Ottoman
Empire.  The first law creating trademarks entered into force in the year 1930 and has since been
replaced by Trademark Law No. 33 / 1952, to comprehend the main elements for the protection of
trademarks.  In the following year, a law on patents and industrial designs was put into force - Patent
and Industrial Design Law No. 22 / 1953, the rules of which were based on the Paris Convention.  In
the year 1992 we had our first law on copyright - No. 22 / 1992.
Since Jordan recognises the importance of sustaining of development in the intellectual
property field, the following laws, the main elements I will briefly touch on, were enacted:
                                                     
1 As regards laws and regulations notified by Jordan under Article 63.2 of the Agreement, reference is
made to documents IP/N/1/JOR/1; IP/N/1/JOR/C/1  and Add.2, IP/N/1/JOR/C/2; IP/N/1/JOR/D/1;
IP/N/1/JOR/G/1; IP/N/1/JOR/L/1; IP/N/1/JOR/P/1; IP /N/1/JOR/T/1; IP/N/1/JOR/U/1 and IP/N/6/JOR/1.
2 The minutes of this meeting have been circulated as document IP/C/M/30.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 2
Trademark Law No. 33 / 1952.  This law covered all the main principles in the trademark
field, in particular the concept of well-known tradem arks and the rights of the owner of the registered
mark, in addition to the link between trademarks and unfair competition, as well as the grounds for
refusal to register a trademark.  All these principles have been confirmed through decisions of theHigh Court of Justice in Jordan.  Moreover, it is this law which establishes litigation procedures
before the Registrar, either through cancellation or opposition.
Second, Patent and Industrial Design Law No. 22 / 1953.  This law covers protection for
product and process inventions in all fields of technology as well as the rights of the patent owner.
Copyright Law No. 22 / 1992.  It is worth mentioning that the main principles of this law
were based on the Berne Convention of 1971, even though Jordan was not a party to it at the time the
law was drafted.  The main provision in this law established the economic and moral rights of the
copyright owner as well as the different terms of protection according to Title 4.
B. I
MPLEMENTATION OF THE TRIPS A GREEMENT
This section answers the question as to how Jordan gained accession to the World Trade
Organisation and, in particular, how the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement) affected the legal environment of Intellectual Property in Jordan.
1. Copyright and related rights
Copyright Law No. 22 / 1992 was amended by Law No. 14 / 1998 and Law No. 29 / 1999.
All these amendments affected the protection of copyright as well.  Jordan adhered to the Convention
in the year 1999, extending the scope of protection to cover works done by foreign authors in Jordan
who are nationals of WTO Members, nationals of countries party to international agreements related
to intellectual property to which Jordan is a part y, and to cover the principle of reciprocity.  The
Copyright Law was amended:
• to be in conformity with the special provisions of the Berne Convention related to
developing countries;
• to protect computer programs in source or ob ject code as required by Article 10 of the
TRIPS Agreement;
• to limit the exceptions to the rights of the copyright owner to be in compliance with
Article 13 of the TRIPS Agreement;
• to amend the protection for the rights of performers, producers of phonograms and
sound recordings and broadcasting organisations, basically the neighbouring rights, tobe clearly in conformity with Article 14 of the TRIPS Agreement;
• to introduce the term of protection of works stipulated in the Berne Convention and
TRIPS Agreement; and
• to provide that protection of works is no longer limited to those which are recorded.
2. Patents
Patent Law No. 32 / 1999 has been drafted carefully to be in conformity with the TRIPS
Agreement and the main features of this law are:IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 3
• it grants patent in all fields of technology, whether it is a product or a process
invention, provided that the conditions are met of novelty, inventive step, capability
of industrial application.  However, the only exceptions which pertain to the subject-
matter is based on Article 27.3 of the TRIPS Agreement;
• the patent owner's rights are covered in  the Jordanian law in conformity with
Article 28 of the TRIPS Agreement;
• the law established a mechanism for issuing a compulsory licence and limited it to
three situations only.  Moreover, the Jordanian law adopted provisions similar, notidentical, to the provisions of Article 31(a) to (k) of the TRIPS Agreement;
• the Jordanian Patent Law introduced criminal protection in addition to civil
protection, through establishing imprisonment and/or fines as a remedy in the case ofinfringement of a patent;
• the Jordanian Patent Law has introduced a unique provision in order to encourage
inventors to register their patents in Jordan and this is through Article 4(f), which
extended the novelty term from 12 months from the first application to 18 months
after filing an application anywhere outside Jordan.
• the Jordanian Patent Law has introduced a provision where, in the case of an
infringement of a process patent, the burden of proof must be reversed, so that adefendant must prove that an identical product has been produced without infringing
the rights of the patent owner, consistent with Article 34 of the TRIPS Agreement.
3. Trademarks
Trademark Law No. 33 / 1952 has been amended through Law No. 34 / 1999, where the main
amendments put the law in conformity with th e TRIPS Agreement.  The amendments were as
follows:
• the scope of protection has been extended so as to cover well known trademarks and
service marks and the definition of well known mark has been introduced in the law;
• the law does not oblige the owner of a registered mark to assign his trademark with or
without a transfer of businesses to which the trademark belongs;
• the trademark law has extended the term of protection to 10 years, instead of 7 years
from the date of filing and could be renewed forever;
• the owner of the well-known trademark, even if it is not registered, has the right to
prevent a third party not having his consent from using his trademark on identicalgoods or services.  This right also applies to products or services which are not
identical, provided that use of that trademark in relation to those goods or services
would indicate a connection between those goods or services and the owner of the
well known trademark and provided that the interest of the owner of the well known
trademark are likely to be damaged by such use;
• the Jordanian Trademark Law has extended the period in which the cancellation of the
trademark would be alleged through non-use from 2 years to 3 years, to be incompliance with Article 19 of the TRIPS Agreement.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 4
4. Geographical indications
Geographical Indications Law No. 28 / 2000.  The philosophy of enacting this law was based
totally on the TRIPS Agreement Articles 22 to 24, where a definition of geographical indication wasintroduced to the law and special provisions in the law to the protection of geographical indication for
wine and spirits, as required by the TRIPS Agreement.
5. Industrial designs
Industrial Design Law No. 14 / 2000.  The Jordanian Industrial Design Law distinguishes
between industrial designs (3-D) and models (2-D) but this differentiation does not, by any means,
affect the protection.  The Jordan Industrial Design Law has stipulated conditions for registration ofindustrial designs in order to enjoy protection as well as the right of the industrial design owner as
required by Article 26 of the TRIPS Agreement.
6. Layout-designs of integrated circuits
Layout-Design of Integrated Circuits Law N o.10 / 2000.  The structure of this law was based
on the Treaty on Intellectual Property in respect of Integrated Circuits of 1989, and Articles 35 to 38
of the TRIPS Agreement, so it contains the rights of the layout-design owner.
7. Undisclosed information
Unfair Competition and Trade Secret Law No. 15 / 2000.  The law has established a criteria
for the Unfair Competition Act, based on Paris Convention Article 10 bis.  Special provisions have
been introduced in the law to give protection for unregistered trademarks.  The laws cite the
conditions that must be achieved and any information for the purpose of considering it as a trade
secret, based on Article 39.2 of the TRIPS Agreement.  The rights of the owner of the trade secret
have been defined in Article 6 of the law, which was based on Article 39.2 and footnote of the TRIPSAgreement.  The law covers the protection of data exclusivity in conformity with Article 39.3 of the
TRIPS Agreement.  Article 8 of the Unfair Competition and Trade Secret Law states that any
applicant who asked for market authorisation for pharmaceutical or agricultural chemical products
which equalised a new chemical entity, cannot rely on the data of the original before the term of
protection which has been decided by the law for 5 years, lapsed.
3
8. Plant varieties
Plant Varieties Law No. 24 / 2000.  Even though the TRIPS Agreement did not set details to
protect plant varieties and even though Jordan is no t a party to any agreement related to this subject-
matter, my government enacted this law for the protection of new plant varieties, conforming with the
1991 Act of UPOV.
9. Enforcement
The provisions of Articles 41 to 50 of the TR IPS Agreement, which relate to the enforcement
of intellectual property, have been drafted mostly in one article which has been introduced in each and
every intellectual property law, in addition to the general provisions in the other Jordanian laws, such
                                                     
3 During the meeting, the United States asked Jordan to clarify from what date the 5 year period of
exclusivity was measured – whether from the date the or iginator filed an application for marketing approval or
from the date that the marketing approval was actually granted.  The representative of Jordan replied that theterm of 5 years started from the actual date for obtaining the approval, as provided in the law.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 5
as the Civil Law, Civil Procedure Law, Criminal Law, Criminal Procedure Law, Evidence Law and
High Court of Justice Law.
The Customs Law has been amended to cover Articles 51-60 of the TRIPS Agreement which
are called the "border measures", under which the Customs Department was given the authority to
suspend, on its own initiative, the release of goods in respect of which they have acquired prima facie
evidence that copyright or a trademark is being infringed.  In addition, the rights holder can lodge an
application to the court in order to issue an order to the Customs Department not to release goods
infringing intellectual property rights.
10. Recent developments
I think that everyone can feel that Jordan is  in full compliance with the TRIPS Agreement and
if I would like to cite some examples about its importance:
(a) Well known trademarks
In the field of trademark and as I stated above, Jordan has a long history in the field of
trademarks, I would like to state the High Court of Justice, in one of the decisions and before
amending the law, decided that there was no requirement for a well known trademark to be used in
Jordan in order to grant protection, provided that it is known by the public.  Recently and more
specifically, two weeks ago, the High Court of Justice, in its first implementation of the principles
related to the well known trademark, decided that the trademarks "Winnie the Pooh" and "Aladdin"were well known trademarks and must enjoy protection whether they are registered in Jordan or not,
and whether they have been used in Jordan or not.
(b) Copyright
In the field of copyright, the Court issued injunctions to cease the copies of computer
programs in two cases: one against a bank and one against one of the largest engineering companies.
(c) Market authorization for pharmaceutical products
The Ministry of Health has withdrawn four approvals for market authorisation, based on
Article 8 of the Unfair Competition and Trade Secret Law and there was no appeal from this decision,
because the administrative decision in Jordan cannot be appealed to the High Court of Justice.  In
those four cases, there was no appeal.  This was an encouraging, positive indicator that thepharmaceutical industry in Jordan, which is one of the biggest industries in Jordan, recognised this
fact.
A cooperation mechanism has been established between the patent registrar and the Ministry
of Industry and Trade and the Ministry of Health and the Ministry of Agriculture, so as in the case ofgranting a market authorisation, the applicant must get a certificate from the patent registrar, which
states that this pharmaceutical or agricultural produ ct is [not the subject of a patent application].
_______________IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 6
II. RESPONSES TO QUESTIONS POSED BY CANADA
1. What recourse do right-holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61 of the TRIPS Agreement?
Right holders of Trademarks and Copyrights enjoy the option provided under Article 61 of
the TRIPS Agreement, in respect of wilful trademark counterfeiting and copyright piracy as follows:
Trademarks
Article 38 of the Trademark Law No. 33 / 1952 and its amendments (/ 1999) provides the
following:
"1. Anyone committing, with intent of fraud, any of the following acts, shall be subject to
imprisonment for not less than three months and not more than one year, or a fine not less
than a Hundred Jordanian Dinars and not more than Three Thousand Jordanian Dinars, or
both penalties: -
(A) Forged a trademark registered according to the provisions of this Law, or
counterfeited it in a manner that would mislead the public, or labeled inside the
Kingdom a forged or counterfeited trademark on the same class of goods for which
the trademark is registered.
(B) Unlawfully used a trademark owned by others on the same class of goods for
which the trademark is registered.
(C) Sold or acquired for the purpose of selling, or offered for sale, goods bearing
a trademark, the use of which is considered a crime according to subparagraphs A andB of this Article, if he had previous knowledge of the same.
2. Notwithstanding what is stated in paragraph 1 of this Article, persons selling, offering
for sale, or acquiring for the purpose of selling, goods bearing a trademark, the use of which
is considered a crime according to subparagraphs A and B of paragraph 1 of this Article, shallbe fined of not less than Fifty Jordanian Dinars and not more than Five Hundred Jordanian
Dinars.
3. The provisions of paragraph 1 of this Article shall apply on whoever attempts, assists,
or provokes committing any of the acts provided for in the mentioned paragraph."
Copyright
Article 51 of the Copyright Law No. 22 / 1992 and its amendments (of 1998 and 1999)
provides the following:
"(A) He shall be penalized by an imprisonment term of no less than three months and no
more than three years and  a fine of no less than JD 1000 and of no more than JD 3000 or by
one of those two penalties:
1. Whoever illegally exercised one of the privileges provided for the Articles 8,
9 and 10 of this law.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 7
2. Whoever offers for sale imitation work of art or copies thereof although he
knows that it is imitated or conveys it to th e public in any way or imports it into the
Kingdom or exports it abroad.
(B) In case of a repetition to any crimes among the ones provided for the paragraph A of
this article, the perpetrator of the crime shall be sentenced the maximum of the imprisonment
penalty. Also, the Court may judge close  down the establishment in which the crime has been
committed for a pried of no more than one year or to suspend its license for a certain period or
for good ."
2. What protection does your Copyright legislation afford to "foreign works"?
Copyright and Related Rights
Article 3 (A) of The Copyright Law No. 22 / 1992 and its amendments (/s 1998 and 1999)
provides the following:
"The original works of literature and science shall enjoy protection under this law whatever
their type, importance or purpose of production".
According to the above article the law had only stipulated originality as the main factor for
acquiring copyrightability. There is no reference to the nationality, thus any original work of literatureor science is copyrightable under the Jordanian Copyright Law.
Additionally, Article 4 of the same law refers to author as the  "person who publishes a work
attributed to him" and thus there is no limitation upon the nationality.
Once the work is considered copyrightable under the Jordanian Copyright Law, its author is
granted all the rights and privileges acquired under the said law regardless of his/her nationality.
Additionally and under the current law, non- disposition of the copyrighted work at the
Documentation Center would not affect the au thor's rights as was stipulated before.
Finally Article 53 of the Copyright Law of 1998 and which provided protection only for
works published or reproduced in Jordan by Jordanian and foreign authors, and works of Jordanian
authors published abroad was cancelled by the amendments which took place in 1999, thus the 53 of
the current effective law as amended provides the following:
"(A) The provisions of this Law shall apply to the works of Jordanian, and non-Jordanian
authors whether published or unpublished, which exist within the Kingdom in any of the
objective forms provided for in Article 3 Paragraph (b) (of the Original Law), and to the
works of Jordanian authors outside the Kingdom, whether published or unpublished, which
exist in any of the objectives forms provided for in Article 3 Paragraph B.
(B) Subject to the provisions of the International Agreements regarding Copyright and in
the case where such provisions are not applicable, reciprocal treatment shall be taken into
account. The provisions of this Law shall apply to the works of foreign authors published or
unpublished outside the Kingdom, which exist in any of the objective forms provided for in
Article 3 Paragraph B.
(C) For the purposes of applying this Article, authors who are habitual residents of any of
the Countries, which are members of the International Agreements on Copyrights, to which
Jordan is also a member shall be accorded the treatment of the Kingdom's nationals, even ifIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 8
they are not nationals. The provisions of this Article shall also apply to the holders of the
rights provided for in Article 23 of this Law."
III. RESPONSES TO QUESTIONS POSED BY THE 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 sectors of vital importance to your socio-
economic and technological development as mentioned under Article 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 B erne 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.
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 todeveloping countries.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 9
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 isprovided among the financial rights which the author enjoys under the Copyright Law, and applies to
all 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 theperformer's approval.
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 acco rdance 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.  Suchexemptions are provided under Articles 7, 17, 18, 19, 20 and 24.
7. Please state the terms of protection of ea ch right described above and the work or
subject matter to which it applies.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 10
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:
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 whichthe 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 obligatio n 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 11
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 TRIPS
Agreement and Article 18 of the Berne Convention. (Paragraph 198 of the Report of the WorkingParty 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 the
proprietor of the trademark from those of others.
- It is visually perceptible.
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 ifelements 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 forIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 12
registration identified under answer of question 9 here above, three-dimensional containers could be
only protected under the Law of Industrial Desi gns 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 a re, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in 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 into
account 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 actually
used 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 commercialcircumstances 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 be
renewable 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.
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. G
EOGRAPHICAL 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 besubject to opposition and cancellation from the Register as well.  The said Article provides the
following:IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 13
"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 thatthe 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".
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 theIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 14
enforcement 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. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designsare 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.
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 a
design 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 15
F. PATENTS
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 disclosed
to 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 legislatio n, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions 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.
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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 16
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 of
novelty 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 protectioninventions whose application for registration for the first time outside Jordan has been filed by the
owner 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 RightsUnder the Agreement Between Jordan and the United States of America on the Establishment of a
Free Trade Agreement.)
Exceptions to the exclusive rights of the patentee are described under the answer to question 33
below.
25. Please explain whether your legislation prov ides 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 practicalapplication 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 legislationand 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 17
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 a ffirmative, 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 avalid patent in Jordan.
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 duringa maximum period of three years from the date of Jordan's accession to the WTO, and if the same
decision 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:IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 18
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's
consent."
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prio r 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 legislatio n provides for compulsory licensing. If so,
please explain in detail the conditions under which a compulsory licence may be granted.  Inparticular, 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 are
fully 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.
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 righ t 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 yourlegislation ensures that the use of a compulsory  licence shall be author ised 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 atIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 19
a 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 additi onal 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 provide s for the enhanced patent protection of
patents or patent applications pending on 1st 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 the
1 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 PatentLaw 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 if
there is a substantial likelihood that the identical product is made by the process protected bythe patent, and the patentee was unable through reasonable effort to determine the process
actually used."
G. L
AYOUT -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 protectedIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 20
layout-design, or an integrated circuit in which such a layout-design is incorporated, or any article
incorporating 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 provide s for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know 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 firstcommercial 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.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n 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 that normally deal with the kind of information in question;IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 21
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 de fines data 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.
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 alsodecide 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 on
compensation 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, 39IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 22
• 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.
- 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 forcommitting 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 orboth.
- 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/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 23
- 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.
- 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 24
- 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.
- 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 25
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 toParagraph 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 of a
court's decision."
49. Please quote provisions of your legislation 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 26
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 clearly
provided 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 right
to 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 valuing
authorized 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, the
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 au thority 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 respectof 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 27
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 provisionalmeasures, 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 andlíke1y 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 the
defendant 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 lawsuit
within 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 infringed
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 damagessustained 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 his
notification 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 8IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 28
• Law 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 implements 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 invo lves filling a petition with the competent court and
submitting therewith a monetary guarantee sufficient to prevent arbitrariness, and any damagessustained 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 the
right holder and that his rights had been infringed upon, or that such an infringement is imminent andis 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.
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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 29
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 CustomsDepartment 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 ofinfringement as identified and penalized under the different kinds of intellectual property legislation
and/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 legisl ation 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 46.58. 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 and
goods which are placed in the markets of the exporting country by the right holder or uponpermission thereof
59. Please explain how your legislation implements 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 30
IV. RESPONSES TO QUESTIONS POSED BY JAPAN
1. Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Article 3 (A) of the Copyright Law No. 22 / 1992 and its amendments (of 1998 and 1999)
provides the following:
"The original works of literature and science shall enjoy protection under this law whatever
their type, importance or purpose of production "
According to the above article the law had only stipulated originality as the main factor for
acquiring copyright-ability. There is no reference to the nationality, thus any original work of
literature or science is copyrightable under the Jordanian Copyright Law.
Additionally, Article 4 of the same law refers to author as "the person who publishes a work
attributed to him" and thus there is no limitation upon the nationality.
Once the work is considered copyrightable under the Jordanian Copyright Law, its author is
granted all the rights and privileges acquired under the said law regardless of his/her nationality.
Additionally and under the current law, non- disposition of the copyrighted work at the
Documentation Center would not affect the au thor's rights as was stipulated before.
Finally Article 53 of the Copyright Law of 1998 and which provided protection only for
works published or reproduced in Jordan by Jordanian and foreign authors, and works of Jordanian
authors published abroad was cancelled by the amendments which took place in 1999, thus the 53 of
the current effective law as amended provides the following:
"(A) The provisions of this Law shall apply to the works of Jordanian, and non-
Jordanian authors whether published or unpublished, which exist within the Kingdom in
any of the objective forms provided for in Ar ticle 3 Paragraph (b) (of the Original Law),
and to the works of Jordanian authors outside the Kingdom, whether published or
unpublished, which exist in any of the objectives forms provided for in
Article 3 Paragraph B.
(B) Subject to the provisions of the International Agreements regarding Copyright and
in the case where such provisions are not applicable, reciprocal treatment shall be taken
into account. The provisions of this Law shall apply to the works of foreign authors
published or unpublished outside the Kingdom, which exist in any of the objective forms
provided for in Article 3 Paragraph B.
(C) For the purposes of applying this Article, authors who are habitual residents of any
of the Countries, which are members of the International Agreements on Copyrights, to
which Jordan is also a member shall be accorded the treatment of the Kingdom's nationals,
even if they are not nationals. The provisions of this Article shall also apply to the holders
of the rights provided for in Article 23 of this Law."
2. Please explain how the term of protection of a work under the Copyright Protection
Law and other related laws complies with the TRIPS Agreement.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 31
The Jordanian Copyright Law No. 22/1992 and its amendments (of 1998 and 1999) complies
with the terms of protection provided under the TRIPS Agreement and/or the Berne Agreement as
follows:
According to Article 30 of the law works of authors are protected during his lifetime 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 thework, 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:
(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 pa ragraphs 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 32
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND
A.  PATENTS
1. In your law, are patents available for all categories of products? In particular, are all
pharmaceutical products patentable? Are there any exceptions? If so please explain in detailwhat these exceptions are and how they comply with Article 27 of the TRIPS Agreement.
The Jordanian Patent Law No. 32 / 1999 fully complies with the provisions of Article 27 of
the TRIPS Agreement as:
1. Article 2 of the law defines the "Invention" as any creative idea reached by an inventor,
which is related to a product, process or to both, and which provides a practical solution to aparticular problem in any field of technology.
Accordingly patent protection is available for any inventions whether products or process as
per Article 27.1 of the TRIPS Agreement.
2. On the other hand, Article 36(A) of the law has provided the following:
"(A) Patents shall be granted for manufacturing and special chemical operations related to
chemical products, medications, pharmaceuticals compound, or food."
3. Article 3 of the law provides the terms and conditions of patentability as (novelty, involving
an inventive step, capability of industrial application), as it provides the following:
"An invention may be granted a patent protection, if the following conditions are met:
(A) 1. If it is new in terms of industrial technology, previously undisclosed to the
public anywhere in the world, whether in written or verbal description, or throughuse, or any other means which affect knowledge of the invention, prior to the date of
filing a patent application, or the priority date claimed in the application, pursuant to
the provisions of this Law.
2. 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 athird party against the applicant.
(B) If the invention involves an inventive step, which reaching is not obvious to a
skilled person in the art familiar with the prior state of the technology in the field of the
invention.
(C) If the invention is capable of industrial application, whereby it is capable of being
manufactured or used in any field of agriculture, fishing, services, or industry broadlydefined, including handicrafts."
Accordingly any invention and whether a product or a process and in any field of
technology which satisfies the terms of patentability under the Jordanian law which are compatible
with Article 27.1 of the TRIPS Agreement is eligible to be patentable.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 33
4. 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.
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
for registration in the Kingdom."
While the exceptions mentioned under paragraph A of the above-captioned article
corresponds for the exceptions mentioned under Article 27.2 of the TRIPS Agreement, the exceptions
mentioned under paragraphs C, D and E of the same article are compatible with such exceptions
provided under Article 27.3 of the TRIPS Agreement.
It is worth clarifying that, 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 of novelty or for independent existence in the nature which is totally in
conformity with the philosophy and principles of the Patent Law, bearing in mind the full scope ofpatentability as elaborated under points 1, 2, 3 of this response here above.
As for the exception mentioned under paragraph F of Article 4, 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.
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as “working a patent” (and therefore preclude
compulsory licensing, if a product is being imported)?
This issue will be clearly reflected in the Draft Patent Regulation, which is currently before
the Legislative Bureau and is expected to be issued very soon.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 34
Additionally article 4(20) (C) of the Free Trade Agreement signed between Jordan and the
United States on 24 October 2000 (FTA Agreement) provides that importation shall be considered as
working.
3. Does your law make compulsory licences s ubject to all the conditions enumerated in
Article 31 of the TRIPS Agreement? Please cite the relevant provisions of law.
Articles 22-26 of the Patent Law govern the compulsory licensing in respect of patents.
Such provisions are in conformity with and/or  contains all of the conditions and safeguards
enumerated in Article 31 of the TRIPS Agreement as follows:
• Article 23(A) of the Patent Law is in conf ormity with Article 31(a) of the Agreement
• Article 23(B) of the Patent Law is in conformity with Article 31(b) of the Agreement
• Article 23(C) of the Patent Law is in conf ormity with Article 31(c) of the Agreement
• Article 23(D) of the Patent Law is in conformity with Article 31(d) of the
Agreement
• Article 23(E) of the Patent Law is in conformity with Article 31(e) of the Agreement
• Article 23(F) of the Patent Law is in conformity with Article 31(f) of the Agreement
• Article 23(G) of the Patent Law is in conf ormity with Article 31(h) of the Agreement
• Article 24 of the Patent Law is in conformity with Article 31(g) of the Agreement
• Article 26 of the Patent Law is in conformity with Article 31(i) of the Agreement
• Article 26 of the Patent Law is in conformity with Article 31(j) of the Agreement
• Article 23(B&F) of the Patent Law is in conformity with Article 31(k) of the
Agreement
An Article corresponding Article 31(l) of the Agreement is not explicitly provided but there
is nothing violating the said provision in the law.
Follow-up question:
You mention that there is no article in your legislation corresponding to Article 31(l) of
the TRIPS Agreement. Does this mean that the conditions set out in Article 31(l) of the TRIPSAgreement are directly applicable in your legislation and will be applied by the judiciary?
Jordan does not intend to grant dependent compulsory licences as 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 saidarticle clearly indicates.  Additionally, the Patent Law provided no authority to the Government to
authorize the use of a patent without the auth orization of the right holder for the purpose of
exploiting a patent, which could not be ex ploited without infringing another patent.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 35
4. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation? Please cite the relevant provisions of law.
Yes, under Article 34(A) of the Patent Law, which provides the following:
"(A) The court may require the defendant in any civil procedure regarding an
infringement of the rights of the Patentee pr ovided 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 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. "
B. P ROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed and confidential test
data or other data submitted by an applicant to the responsible State agency in the procedure
for market authorisation of a pharmaceutical or of an agricultural chemical product isprotected against disclosure and against unfair commercial use by a competitor, for example by
prohibiting a second applicant from relying on, or fr om referring to the original data of the first
applicant, when applying subsequently for market authorisation for his own product.  Does
your legislation provide for exceptions to this? If yes, under what conditions would such
exceptions apply? Does your legislation provide  for a defined period of protection for
undisclosed information / for such test data of the first applicant?
Protection of undisclosed information is prov ided under the Law of Unfair Competition and
Trade Secrets No.15 / 2000.
Article 8 of the said law indicates the kind of protection available in respect of undisclosed
data and/or tests which should be submitted before any official authority in Jordan, in order to
approve the marketing of pharmaceutical, agricultural, or chemical products, its term, and the
exceptions of granting such a protection.
The said article provides as follows:
"If any official competent authority requires the submission of undisclosed tests, or other data
which are a result of considerable effort, in order to approve the marketing of pharmaceutical
or of agricultural chemical products which util ize new chemical entities, such authority shall
observe the following:
(A) Protect such data from unfair commercial use, by preventing any person
not having the applicant’s consent from using the data to market such
pharmaceuticals and his own products, only after the lapse of five years from the
date the applicant of such data obtained the approval to market his products.
(B) Protect such data from disc losure except in the following:
1. Where it is necessary to protect the public.2. Where the competent authority took the necessary steps to ensure
that the data are protected against unfair commercial use."IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 36
VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. With respect to each form of intellectual  property covered by Part II of the TRIPS
Agreement, including plant variety protection, please explain the manner in which the laws ofJordan ensure that nationals of other WTO Me mbers receive national treatment and most-
favoured-nation treatment as required by Articles 3 and 4 of the TRIPS Agreement.  Please cite
to the relevant provisions of law.
Jordanian IP laws are not in violation with the National Treatment and/or the Most Favored
Treatment stipulated under Articles 3 and 4 of the TRIPS Agreement as nationality is not an element
in granting any rights and/or enjoying any privileges, and once the conditions of the law are fulfilled
the subject intellectual property right is granted with no regard to the nationality.
Kindly find hereunder an illustration of IP laws compatibility with the Articles 3 and 4 of the
TRIPS Agreement.
Copyright and Related Rights
Article 3 (A) of the Copyright Law No. 22 / 1992 and its amendments (of 1998 and 1999)
provides the following:
"The original works of literature and science shall enjoy protection under this law whatever
their type, importance or purpose of production"
According to the above article the law had only stipulated originality as the main factor for
acquiring copyrightability. There is no reference to the nationality, thus any original work of
literature or science is copyrightable under the Jordanian Copyright Law.
Additionally, Article 4 of the same law refers to author as "the person who publishes a work
attributed to him" and thus there is no limitation upon the nationality.
Once the work is considered copyrightable under the Jordanian Copyright Law, its author is
granted all the rights and privileges acquired under the said law regardless of his/her nationality.
Additionally and under the current law, non- disposition of the copyrighted work at the
Documentation Center would not affect the au thor's rights as was stipulated before.
Finally Article 53 of the Copyright Law of 1998 and which provided protection only for
works published or reproduced in Jordan by Jordanian and foreign authors, and works of Jordanian
authors published abroad was cancelled by the amendments which took place in 1999, thus the 53 of
the current effective law as amended provides the following:
"(A) The provisions of this Law shall apply to the works of Jordanian, and non-Jordanian
authors whether published or unpublished, which exist within the Kingdom in any of the
objective forms provided for in Article 3 Paragraph (b) (of the Original Law), and to the
works of Jordanian authors outside the Kingdom, whether published or unpublished, which
exist in any of the objectives forms provided for in Article 3 Paragraph B.
(B) Subject to the provisions of the International Agreements regarding Copyright and in
the case where such provisions are not applicable, reciprocal treatment shall be taken into
account. The provisions of this Law shall apply to the works of foreign authors published orIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 37
unpublished outside the Kingdom, which exist in any of the objective forms provided for in
Article 3 Paragraph B.
(C) For the purposes of applying this Article, authors who are habitual residents of any of
the Countries, which are members of the International Agreements on Copyrights, to which
Jordan is also a member shall be accorded the treatment of the Kingdom's nationals, even if
they are not nationals. The provisions of this Article shall also apply to the holders of the
rights provided for in Article 23 of this Law."
Industrial Designs
Article 2 of the Industrial Designs and Models Law No. 14 / 2000 defines the "Owner of the
Industrial Design or  Model" as "The natural or juridical person who registered an industrial design
or a model, in accordance with the provisions of the law".
Article 3 of the said law provides the conditions  under which an industrial design or a model
is registered and given the protection, as novelty and independence.  Accordingly and where suchconditions are met and the industrial design or the model is registered, its owner is granted the same
treatment and has the same rights and privileges whether this person is a national of the Kingdom or
of any other WTO Member.
Patents
 Article 2 of the Patents Law No. 32 / 1999 defined the "Patentee"  as "the natural or juridical
person who is granted a Patent" . Thus there is no distinction and/or discrimination between nationals
of the Kingdom and other WTO Members and the  Patentee is granted the same rights and
advantages regardless of his/her nationality.
Furthermore and under the same article the "Invention" is defined as  "any creative idea
reached by an inventor, which is related to a product, process or to both, and which provides a
practical solution to a particular problem in any field of technology" , and on the other hand  the
"Patent"  is defined as "the certificate granted for the protection of an invention" .
According to the above one can easily notice that Patent Law does not refer to the
nationality, and once the patent application satisfies the formalities and patentability provided underthe law, its owner would be granted a patent under the Jordanian Patent Law and would be entitled
for all the rights, advantages and privileges regardless of his/her nationality.
Trademarks
Article 2 of the the Trademarks Law No. 33 / 1952 and its amendments (of 1999) provided a
defintion for the "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" . Additionally
Article 6 of the said law stated that "a person desiring to have the exclusive use of a trademark for
distinguishing goods of his own production, manufacture, selection, or in respect of which he issued
a certificate, or goods in which he trades or intends to trade, may apply for the registration of suchtrademark in accordance with the provisions of this Law".
According to the above  any person - regardless  of the nationality - can apply to register a
trademark in Jordan, and upon satisfying the formal and objective conditions of registration , and
finalizing the procedures of registration - described hereunder under question 8 - the owner of the
registered trademark enjoys the same privileges and rights emanating from the registration .IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
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Layout-Designs of Integrated Circuits
Article 2 of the Law for the protection of Layout -Designs of Integrated Circuits No. 10 / 2000
defines "Integrated Circuit" as a "product, whether in its final form or intermediate form, that performs an
electronic function, which is composed of interconnected group of elements, at least one of which is anactive element, whereby these elements are integrally fo rmed together with their interconnections in and/or
on a piece of material".  "The Protected Layout-Desig n" is defined as "the layout-design, which acquired
the provided protection in accordance with the provisions of this law" .
The "Right Holder" is defined as "the creator of a protected layout-design or his legal successor".
* Same argument as aboveGeographical Indications
While Geographical Indications are granted the same treatment under the Law of
Geographical Indications No. 8 / 2000 without any distinction as to its origin as Article 2 of lawdefines the "Geographical Indication" as  "any indication  which identifies a good as originating in the
territory of a specific country, or a region or locality in that territory, where a given quality, reputation
or other characteristics of the good is essentially attributable to its geographical indication",  the right
to shove an infringement upon a geographical indication is provided for any interested party under
Article 8 of the same law regardless of the nationality .
Trade Secrets and Unfair Competition
The Trade Secret and Unfair Competition Law No. 15 / 2000 does not discriminate between
Jordanians and non-Jordanian in connection to the right to prohibit an act of unfair competition and/orto protect a trade secret. Under Article 5(A) of th e said law the "Right Holder" is defined as "the
person who possesses the right to disclose, use and preserve the Trade Secret" .
 While there is no reference to the nationality in the definition of a "Right Holder" under the
law, Article 5(B) states that the "right holder ma y prevent any person from misappropriation of a trade
secret protected by this Law".
On the other hand Article 2 of the same law defines an act of unfair competition, as "any act
of competition contrary to honest practices in industrial or commercial matters shall constitute an act
of unfair competition" , and gave examples of such particular acts, according to which any act that
creates confusion with the establishment, the goods and services, and the industrial or commercial
activities, of a competitor, in addition to any practice that discredits the reputation of the competingproducts or services, and misleads the public is considered to be an act of unfair competition.
Accordingly the law treated all competitors equally and preserved the right to prohibit unfair
competition regardless of the nationality of the co mpetitor and without granting any special treatment
for the nationals of the Kingdom against their competitors.
Plant Variety
Article 2 of the Law for the Protection of New Plant Varieties No. 24 / 2000 defines the "Breeder"
as "the person who bred, or discovered and developed, a new plant variety, or his successor in title" .  The
"Protected Variety" is defined as  "the variety that is registered according to the provisions of this Law".
On the other hand and while Article 5 provides the conditions that have to be met in the variety in
order to be registered, Article 6 identifies the people who have the right to register a variety under the law.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
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Such Articles do not refer to the nationality, and once the conditions of the law are satisfied the Breeder,
enjoys all the rights and privileges granted according to the law.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Jord an protects computer programs as literary
works and complications of data as required by Article 10 of the TRIPS Agreement.
While Article 3(A) of the Copyright Law No. 22 / 1992 and its amendments provides the
following:
"The original works of literature and science shall enjoy protection under this law whatever
their type, importance or purpose of production".
Computer Programs and whether in source or object code is mentioned as an example of such
protected works under point no. 8 of Paragraph B of the same article
Compilations of data is protected under Article 3(D) of the same law which provides the
following:
"Protection shall also be granted to other literary and artistic collections such as
encyclopedias, anthologies and data compilations whether in machine–readable form or anyother form, which constitute, in terms of their selection and arrangement of material, creative
intellectual works. Protection shall likewise be granted to collections containing selected
pieces of poetry, prose, music and suchlike provided that the source and authors of such
pieces, are mentioned in those collections and without prejudice to the author’s rights with
regard to each works which constitutes part of the said collection."
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Jordan.
While Article 9 of the Copyright Law No. 22 / 1992 and its amendments provides that the
author shall have the "right to exploit the work of art in any financial way he chooses", Paragraph Dof 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".
According to the above Computer programs and Cinematographic works are subject to the
right rental as provided under Article 11 of the TRIPS Agreement.
4. Please state the length and terms of protection the copyright law of Jordan provides  for
a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.
Apart from Photographic works and works of applied arts, Articles 30 and 31 of the law
specify terms of protection.
According to Article 30 works of an author are protected during his lifetime 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 au thor.  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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
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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 GregorianCalendar 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."
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 BroadcastingCorporations is 20 years to be calculated as from the first day of January of the Gregorian Calendar
year following the year in which the broadcasting took place for the first time.
5. Please describe the protection the copyright law of Jordan provides for performers, and
the term of the protection.
The right of performers is referred to in Articles 5 and 23 of The Copyright Law as, and while
Article 5(B) of the Copyright Law grants copyri ght protection to "whoever performed and conveyed
to the public a work of art made by others whether this performance was through singing, playing,
putting into rhythm, reciting, taking photographs, painting, pantomiming, chorea-acting, or any other
way" , Article 23 (A)(1) of the same law provides that the performer may prohibit others form fixing
their unfixed performance, reproducing any fixed performance, broadcasting it or conveying it topublic without their  authorization .
According to Article 23 (C) of the law, the term of protection is 50 years to be calculated as
from the first day of January of the Calendar Gregorian following the year in which the performance
took place
6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Pleasedescribe how the copyright law of Jordan implements these obligations and indicate the term of
protection.
The producers of phonogram's right to authorize or prohibit the direct or indirect
reproduction of their phonograms is provided under Article 23 (B) of the law.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 41
Pursuant to Article 23 (C), the term of protection 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 took
place.
7. Please explain how Article 9 of the Jordanian  Copyright Law, which gives the author the
"right to exploit his work for financial gain in  whatever manner he chooses," is consistent with
Article 9.1 of the TRIPS Agreement, since TRIPS req uires that the exclusive rights be granted
to an author regardless of whether the exploitation  is financial or not.  Please explain whether
this provision would result in an author being una ble to authorize or prohibit the production of
his or her work in a case where a third party rep roduces the work other than for financial gain.
Article 9 of the Copyright Law does not, and under any circumstance, result in depriving the
author of his right to prohibit infringement of his work in case where such an infringement does not
lead to a financial gain, as the exclusive rights of the authors are enumerated in Articles 8 and 9 and
while Article 9 deals with the financial rights, Article 8 of the same law deals with the author's moral
rights such as the right to attribute the work to himself, the right to determine publication and its mode
and date, the right to do any alteration to the work, the right to shove any infringement  upon the work
and to prohibit any distortion, falsification, modification or any violation which is detrimental to the
authors reputation or honor.  According to Article 8 the author enjoys the right to prohibit any
infringement upon his work regardless of the existence of a  financial gain.
On the other hand, and pursuant to Article 51 of the Copyright Law an illegal exercise of any
of the privileges provided under Articles 8, 9, 10 and 23 is criminalized by an imprisonment term of
no less than three months and no more than three years and a fine of no less than JD 1000 and of no
more than JD 3000 or by one of those two penalties.
Accordingly, any infringement upon any of the author's rights numerated under Article 8 is
penalized as well, and the term "for financial gain" in Article 9 does not preclude the ability of the
author or right holder from engaging in, authorizing or prohibiting any non-commercial exploitation
of his work; except for those non-commercial exploitations explicitly permitted by the law without the
authorization of the author or right holder, provid ed that such exploitations were limited to certain
special cases, and provided that such exploitations did not conflict with a normal exploitation of the
work and did not unreasonably prejudice the legitimate interests of the right holder.
C. TRADEMARKS
8. Please describe the procedure that must be followed to register a trademark in Jordan,
citing the relevant provisions of the law, and de scribe the rights that the owner of a registered
mark can exercise.
According to Article 6 of the Trademarks Law No. 33 / 1952, any person who wants to
register a trademark may file a trademark registration application.
Articles 22-27 of the Trademark Regulation No. 1 / 1952 specifies in details the procedures
that should be followed by the Registrar when a trademark application is filed. Once a trademarkapplication is filed, it is examined as to its registrability and existence of prior identical and/or
similar trademarks, and pursuant to Article 11 of the law the Registrar may accept the application or
reject it either absolutely or subject to certain conditions, amendments or modifications as the case
might be.
Article 13 of the law provides that trademark applications accepted by the Registrar are to be
published in the Official Gazette, and details of such a publication is governed by Articles 32, 33 of
the Trademark Regulation.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
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Article 14 of the law provides a three-month pe riod for the filing of an opposition by any
party, and the procedures for filing and proceeding with such an opposition are provided under
Articles 34-45 of the Trademark Regulation.
In the absence of an opposition action, or where such an opposition is filed and refused, the
relevant certificate of registration will be issued as duly .
Rights of the Proprietor of a Trademark
Subject to Article 26 of the Trademarks Law No. 33 / 1952 ,the registration of a trademark
shall give its proprietor the exclusive right to use it and the right to prevent third parties from usingconfusingly identical or similar marks without his/her prior consent.
Additionally and pursuant to Articles 34, 38 and 39 of the law, the owner of a registered
trademark has the right to sue for damages, file for a criminal action and request provisional
measures against any infringement upon his/her registered trademark.
D.
GEOGRAPHICAL INDICATIONS
9. Please describe in detail how the laws of Jordan provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
to the relevant provisions of law or regulation, and provide examples of geographicalindications so protected.
Article 3 of the Law of Geographical Indications No. 8 / 2000 provides the recognition and
protection required pursuant to Article 22.2 of the TRIPS Agreement.
Since there is not a registration system in this respect, courts will decided such an issue on a
case-by-case basis.
10. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to therelevant provisions of law or regulation, and provide examples of geographical indications for
such products.
The higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement is implemented into Article 4 of th e Law of Geographical Indications No. 8 / 2000.
Since there is not a registration system in this respect, courts will decided such an issue on a
case-by-case basis.
E.
PATENTS
11. Articles 36(C)–(E) of Jordan’s patent law of 1999 appear to allow Jordan a delay of up
to three years to provide patent protection for chemicals related to medications, or
pharmaceutical or food products.  In paragraph 230 of the Report of the Working Party on the
Accession of the Hashemite Kingdom of Jordan to the World Trade Organization,
WT/ACC/JOR/33, Jordan stated that it would apply fully all the provisions of the TRIPS
Agreement from the date of accession to the WT O, without recourse to any transitional period.
Please confirm that there is no transition to full  protection for the subject matter referred to in
Article 36(A), citing any relevant laws and regulations. If this cannot be confirmed, pleaseIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 43
describe in detail how Articles 36(C)-(E) conform to the requirement for patent protection
under Articles 70.8 and 70.9 of the TRIPS Agreement.
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 as and while the enforcement of Paragraph D of Article 36 required a special
decision from the Cabinet which was not issued at the time when the Patent Law was enforced,
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 same decision was not issuedduring 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.
12. Articles 22-26 of Jordan’s patent law address compulsory licensing.  Purposes for
compulsory licensing, which are provided in Ar ticle 22, include national security, emergency
situations and public non-commercial benefit.  These articles do not address or provide
purposes for dependent compulsory licences.  Moreover, Article 31 of the TRIPS Agreement
imposes additional conditions.  Please confirm that Jordan does not intend to grant dependent
compulsory licences.  Please also explain in detail how the compulsory licensing provisions ofArticles 22-26 contain all of the conditions and safeguards enumerated in Article 31 of the
TRIPS Agreement.
Jordan does not intend to grant dependent compulsory licences as 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 saidarticle clearly indicates.  Additionally the Patent Law provided no authority to the Government to
authorize the use of a patent without the auth orization of the right holder for the purpose of
exploiting a patent, which could not be explo ited without infringing another patent. Worth
mentioning that  the representatives of Jordan ha d committed themselves to clarify this issue in the
implementing regulation. (Paragraph 212 of the Report of the Working Party on the Accession of theHashemite Kingdom of Jordan to the World Trade Organization)
On the other hand Articles 22-26 of the Patent Law are in conformity with and/or contains
all of the conditions and safeguards enumerated in Article 31 of the TRIPS Agreement as follows:
• Article 23(A) of the Patent Law is in conf ormity with Article 31(a) of the Agreement
• Article 23(B) of the Patent Law is in conformity with Article 31(b) of the Agreement
• Article 23(C) of the Patent Law is in conf ormity with Article 31(c) of the Agreement
• Article 23(D) of the Patent Law is in conf ormity with Article 31(d) of the Agreement.
• Article 23(E) of the Patent Law is in conformity with Article 31(e) of the Agreement.
• Article 23(F) of the Patent Law is in conformity with Article 31(f) of the Agreement.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
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• Article 23(G) of the Patent Law is in conf ormity with Article 31(h) of the Agreement.
• Article 24 of the Patent Law is in conformity with Article 31(g) of the Agreement.
• Article 26 of the Patent Law is in conformity with Article 31(i) of the Agreement.
• Article 26 of the Patent Law is in conformity with Article 31(j) of the Agreement.
• Article 23(B) and (F) of the Patent Law are in conformity with Article 31(k) of the
Agreement.
An Article corresponding Article 31(l) of the Agreement is not explicitly provided but there
is nothing violating the said provision in the law.
13. Please confirm that importation constitute s working under the Jordanian patent law as
required by Article 27.1 of the TRIPS Agreement, cite any relevant laws and regulations, and
explain in detail how they apply.
This issue will be clearly reflected in The Draft Patent Regulation which is currently before
the Legislative Bureau and is expected to be issued very soon.
Additionally Article 4(20)(C) of the Free Trade Agreement signed between Jordan and the
United States on 24 October 2000 (FTA Agreement) provides that importation shall be considered as
working.
14. Please explain in detail how the exclusions for "scientific theories and discoveries" in
Article 4 are consistent with the full scope of  patentability that is required under Article 27 of
the TRIPS Agreement.
The exclusion provided in Article 4 for scientific theories and discoveries does not contradict
the full scope of patentability provided under Article 27 of the TRIPS Agreement as:
(i) Article 2 of the Patent Law has defined "Invention" as "Any creative idea reached by an
inventor, in any of the fields of technology, which is related to a product, process or to both, and
which provides a practical solution to a particular problem in any of theses fields". The same Article
defined the term Patent as "the certificate granted for the protection of an invention".
Accordingly the full scope of protection for both products and process are provided under
Article 2.
(ii) After defining the terms "Invention" and “Patent” in Article 2 of the law, Article 3 defines
the conditions of patentability (novelty, non-obviousness, and capability of industrial application).Accordingly any invention as defined under Article 2 and which satisfies the conditions of
patentability under Article 3 is eligible for patent protection under the Jordanian Patent Law.
(iii) Scientific theories and discoveries mentioned under Article 4 of the Patent Law refers to
purely theories and discoveries which may not in themselves be the subject of a patent either for lack
of novelty or for independent existence in the nature which is totally in conformity with the
philosophy and principles of the Patent Law, bearing in mind that such theories and discoveries werementioned in the same paragraph with mathematical methods, thus the same philosophy for
excluding mathematical formulas applies to such scientific theories and discoveries .IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 45
(iv) In Article 4(17) of the Free Trade Agreement signed between Jordan and the United States
on 24 October 2000 (FTA Agreement), Jordan had reconfirmed the full scope of protection under
Article 27 of the TRIPS Agreement for any invention whether in the form of a product or a process.
15. Article 4(B) contains an exclusion for "mathematical methods".  Jordan previously
explained that this applies to only purely ma thematical subject matter.  Furthermore, there is
no exclusion for "computer related inventions".  Please confirm that the exclusion for
"mathematical methods" refers only to purely mathematical subject matter and not to
"business methods" or "computer-related inventions."
The term "Mathematical Methods" as mentioned under Article 4(B) does not extend to
include business and /or computer related methods and inventions as the exclusion mentioned in
Article 4 is limited to the cases mentioned under the said article and thus is applied exclusively upon
such cases.
Paragraph 5 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 a Free Trade Agreement "Jordan shall take all the steps necessary to clarify
that the exclusion from patent protection of 'mathema tical methods' in Article 4(B) of Jordan's Patent
Law does not include such 'methods' as business methods or computer related inventions" .
16. Article 4(F) contains a patentability exclus ion for inventions filed more than 18 months
before filing in Jordan, which appears to have no precedent in the laws of other countries, any
international standard or emerging trend.  This  provision may have an adverse effect on the
decision making process to pursue patent protection throughout the world.  Jordan previously
explained that this provision was included to encourage patent applicants to timely file patentapplications in Jordan and would operate in co njunction with the novelty requirement.  Jordan
also indicated a willingness to reconsider this i ssue.  Please explain in detail Jordan’s current
position on this issue and identify any regulation s, guidelines or other materials that may help to
clarify this provision.  Please also explain how this provision is consistent with the right of
priority under the Paris Convention, particularly where a chain of priority is claimed in which
the original patent application was filed more than 18 months prior to the last patent
application.
Kindly be informed that the said issue is not tested yet, as the application of the new Patent
Law is dependent upon the issuance of the Regulation which is currently before the Legislative
Bureau. Thus there is not any practical application to this exclusion. However kindly be informed
that the exclusion provided under Article 4(F) of the law will be read and interpreted in view of thelaw as a whole. Moreover the Registrar is to expected to issue guild lines which will further clarify
and identify this issue.
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 excludefrom patent protection inventions whose application for registration for the first time outside Jordan
has been filed by the owner and published more than eighteen months prior to the date of filing for
registration in Jordan. Thus, an inventor, who outsi de 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 ofIntellectual Property Rights Under the Agreement Between Jordan and the United States of America
on the Establishment of a Free Trade Agreement.)
17. The patent law excludes plant varieties from patent protection. In paragraph 220 of the
Report of the Working Party on the Accession of the Hashemite Kingdom of Jordan to theIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
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World Trade Organization, WT/ACC/JOR/33, Jordan stated that it had no existing legislation
covering the subject of plant variety protection, but that a draft New Plants Variety Law was
referred to the Legislative Bureau at the Council of Ministers in November 1999.  Please cite
any relevant laws and regulations regarding plan t variety protection in Jordan and explain in
detail how the Jordanian laws and regulations are consistent with Article 27 of the TRIPS
Agreement.
Plant Varieties are protected in Jordan under the Law for the Protection of New Plant
Varieties No. 24 / 2000. A Draft Regulation is currently before the Ministry of Agriculture and is
expected to be issued this year.
While Article 27 of the TRIPS Agreement provides that members "shall provide for the
protection of plant varieties either by patent or by an effective sui generis  system or by a
combination thereof" , Jordan satisfies this condition as its above captioned law provide full
protection for plant varieties whereas the term  "Variety" is defined as "any plant grouping within a
single botanical taxon of the lowest known rank, irrespective of whether the conditions for the grantof the protection right are fully met, and is defined by the expression of the characteristics resulting
from a genotype or combination of genotypes, distinguished from any other plant grouping by the
expression of at least one of the said characteristics, and considered as one unit with regard to its
suitability for being propagated without changing any of its characteristics" .  Additionally, the said
law is consistent with the International Convention for the Protection of New Varieties of Plants(UPOV 1991).
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, Jordanexplained that the operation 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 deta il, identifying any relevant regulations, 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:
4
(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), andthus 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 amarketing approval in Jordan pursuant to Article 8(A) of the Law of Unfair Competition and
Trade 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 the
Technical Committee for Drug Supervision No. 15 / 1973), then the said committee will
                                                     
4 Response provided in a communication from the Permanent Mission of Jordan dated 7 May 2001.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 47
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 be
granted 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 thecompany approve it, the drug will be granted a number pursuant to an official notice which
date 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.
F.
ENFORCEMENT
19. Please briefly describe how the Government of Jordan meets the requirements of
Article 41 of the TRIPS Agreement, including Articles 41.1, 41.2, 4.3, and 41.4, and identify any
relevant Jordanian laws and regulations .
Article 41.1 of the TRIPS Agreement
(i) General provisions:
As a general rule, civil infringement of IPR, misuses of a trade secret or the acts of unfair
competition are characterized as torts.  As such th ey are subject to Articles (48), (49),  (256) (257),
(259), (263), (266), (267), (268), (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 Law of Civil Procedures, and along with the final decision, the court shall decide
to compensate the litigant 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 on compensation of
attorneys' fees.
On the other hand and as a general rule, any person who abuses another's right is liable to
compensate.  Disciplinary measures are also applicable against government officials and lawyers
who do not carry out their duties in accordance with laws and code of ethics.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 48
(ii) Specific provisions
Jordanian Intellectual Property enforcement mechanisms are TRIPS compatible, additionally
and while the said laws include efficient enforcement mechanisms as required by the TRIPSAgreement, it ensures and/or provides for safeguards against their abuse, as and under all IP 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.
The provisions including such enforcement measures and safeguards 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 and its amendments of 1999: Articles 34, 38, 39
• Copyright Law No. 22 / 1992 and its amendments of 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
Article 41.2 of the TRIPS Agreement
Enforcement procedures are fair and equitable, the right of litigation is available without any
limitation, the procedures are not unnecessarily complicated and the provisions governing it are
transparent, however there are no provisions setting definite time limits for court proceedings.
Regarding costs, the Court Fees Regulation governs costs of legal proceedings as follows:
(i) Fees for Civil Cases:
Court of First Instance, Court of  Appeal, and Court of Cassation:
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 each additional 10,000.  The fees arecapped at 1200 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 49
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.
(ii) Fees for Criminal cases:
Fees are negligible
(iii) Appeals to the High Court Justice
Fees for appeals to the High  Court of Justic e are determined by the Chief Justice with a
lower limit of 30 JD and an upper limit of 300 JD.
(iv) Oppositions and Cancellations
The fees for Trademarks oppositions and cancellations actions are as follows:
Opposition Action: 100 JDCancellation Actions: 150 JD
As for other rights of Intellectual Property, kindly be informed that such fees are not
determined yet as fees schedules are parts of the said IP regulations not issued until this day.
Article 41.3 of the TRIPS Agreement
Article 160 of the Civil Procedures Law No. 24 / 1988  meets this requirement.
The award must indicate the court that issued su ch, its date of issuance, location, name of the
judges who participated in the issuance of such a nd were present in the citation of such, name of the
parties, their presence or absence and the name of their attorneys. The award must also include a
comprehensive citation of the lawsuit’s facts, pleas, a summary of their defense and the awardreasoning and conclusion .
Article 41.4 of the TRIPS Agreement
According to the Jordanian Industrial Property legislation, the final decision of the Registrar
are subject to appeal before  the High Court of Justice which  enjoy such a jurisdiction according to
Article 9(A)(8)(9)(10) of the Law of High Court of Justice No. 12 / 1972.
20. Please describe the mechanisms for identify ing and protecting confidential information
in civil judicial and administrative IP case s, as required under Article 43.1 of the TRIPS
Agreement and identify any relevant Jordanian laws and regulations.
Courts have a discretionary power to hold cases behind closed doors.  This discretion may
extend to cases where there is need to present conf idential information taking into consideration that
courts are bound to observe the Trade Secrets Law.
Moreover, Article 34(B) of the Patent Law provides:IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 50
"(B) 1. The court shall take into account the le gitimate interests of the defendants to protect
their industrial and commercial secrets when requesting for evidence according to
Paragraph A of this Article.
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."
21. Please explain the authority of Jordanian j udges and administrative officials to issue
injunctions (or equivalent measures) to order a party to desist from an infringement and to
prevent infringing goods from entering the channe ls of commerce, as required by Article 44.1 of
the TRIPS Agreement.  Please describe, in deta il, the procedures for is suing such injunctions.
All IP laws provide the options to cease the infringement, place a provisional attachment on
and/or seizure of the product subject of infringement wherever found, and preserve the evidence
related to the infringement, which measure may be taken by a court of law upon petition of the right
holder or successor and set out the same procedures for initiation, ordering and maintenance in forceof such a measure which involves:
1. Filing a petition with the competent court.
2. 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.
3. In cases where any delay is likely to cause irreparable harm to the right holder, 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.
4. Upon proving that the petitioner is the right holder 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 infringe ment from occurring, or to preserve evidence
relevant to the act of infringement.
Additionally, the Customs Law No. 20 / 1998 and its amendments of 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, thus the right holder may submit to the
competent court a petition attached with a cash or bank guarantee accepted by the court, to suspendrelease 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.
Citation of the relevant Articles related to Provisional Measures are provided in the
responses to questions 19 and 31.
22. Do judicial and administrative officials in Jordan have the authority to order infringers
to provide right holders with information on third parties involved in the production and
distribution of infringing goods or services and their channels of distribution?  Under what
circumstances is this authority exercised?
There is no specific reference to the right to provide information about third parties involved,
however and pursuant to the Law of Civil Procedures and the Law of Evidence court is entitled to
request any party to produce documents which lie within his control, and that might be relevant to the
case.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 51
23. Please explain whether public authorities and officials are exempt from the liability for
abuse of enforcement procedures and describe the circumstances in which such limitations do
not apply, as well as any relevant Jordanian laws and regulations.
Generally, judicial authorities are not subject to liability for actions carried by them.
The Criminal Code No. 16 / 1961 provides that a public official shall not be liable for any
act, undertaken in compliance with the law or with an order from a competent authority unless that
order is without a legal basis.
Moreover, Article 263(2) of the Civil Law provides the following:
"And yet the public official shall not be responsible for his act causing damages to others if
he commits it in compliance with an order from his supervisor when compliance with such
order was obligatory or he believed 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 the act he exercised diligence and care."
However, disciplinary measures are applicable against government officials who do not
carry out their duties in accordance with laws.
The Customs Law provides that the Customs Department shall not be liable to compensate
the importer or the owner of the goods for any in juries resulting from suspension of release and
clearance of the goods.
24. Please explain whether the Customs Laws of Jordan, and any amendments to these laws,
contains provisions that provide for the prohibition of importation of goods contradicting the
provisions of intellectual property laws.
Article 41 of the Customs Law No. 20 / 1998 and its amendments of 2000 prohibit the entry
into the Kingdom  of imported goods which infringe an intellectual property right protected underthe applicable laws.
In addition Instructions No. 7 / 2000 on Border Measures for the Protection of Intellectual
Property Rights was issued pursuant to the Customs Law and for this purpose.
25. Please describe the procedures for protecting intellectual property at the border, as
require by Article 52 of the TRIPS Agreement (e.g., application, required information, process
and time-frame for notifying applicant of accepta nce, effective period for border enforcement
action).  Please identify any relevant Jordanian laws and regulations
.
Under Article 41 (A) (B) (C) of the Customs Law:
• The right holder should submit a petition to the competent court along with a cash or
bank guarantee.
• The petition should be supported by sufficient evidence about the infringement, and
a detailed description of the infringing goods.
• Petitioner may inspect goods subject to suspension of release and clearance
procedures, under the Department’s supervision, in order to substantiate the petitioner’sclaim.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 52
• 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 ofsuspending the clearance and release procedure, on a wrongful basis, or in the case of release
of the goods pursuant to provisions of the law.
• The competent court shall issue its decision with regards to the petition for suspension
of clearance procedures within three days of submission, and that the petitioner shall be
notified of the court's decision within a reasonable period.  .
• 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.
• Should the petitioner, and within eight days after being notified of the decision to
suspend release and clearance procedures, fails to notify the Customs Department that a courtcase has been instituted, then the seized goods shall be released provided that conformity of
such goods to legal requirements related to importation is established.
Under Article 2 of the Instructions No. 7 / 2000 on Border Measures for the Protection of
Intellectual Property Rights.
1- Where there is a decision issued by the competent court to suspend clearance or
release of goods, such decision shall be referred to Competent Department, which shall
undertake the execution of such and shall address the relevant Customs House if specified toimplement the court's decision. If the Customs House is not specified, it shall issue a
proclamation to all Customs Houses.
2- The goods for which the competent court’s decision to suspend clearance or release
is issued shall be kept under impoundment at the customs yards and warehouses, and shallonly be released in the following two cases:
a- If the petitioner within eight days after being notified of the decision to
suspend release and clearance procedures issued by the court fails to notify the
Department that a court case has been instituted, and after submitting due evidence.
b- Where the competent court issues a decision including the cancellation of
the decision to suspend clearance procedures and to release the goods.
In such cases, the Directorate shall continue the clearance procedures pursuant to the
provisions of the Customs Law and the relevant provisions of the legislation in force.
26. Please explain what constitutes prima facie infringement in Jordan for purposes
Article 52 of the TRIPS Agreement.
While the Customs Law has provided that sufficient evidence about the infringement, and a
detailed description of the infringing goods has to be provided. It did not provide any provisionsand/or indications of prima facie  infringement.
Accordingly, we believe that a prima facie  infringement is to be decided on a case-by-case
basis, and according to the circumstances and evidence of infringement.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 53
27. Please identify what forms of intellectual property, if any are subject to provisions,
Article 53.2 of the TRIPS Agreement.
Copyright and Related Rights, Trademarks, Pate nts, Industrial Designs and Models, Layout-
Designs for Integrated Circuits, Trade Secrets, Geographical Indications.
28. What procedures exist for notifying appl icants of the suspension of release?
While Article 41 (A)(2) of the Customs law has provided that the applicant should be
notified with the court’s decision of suspense within a reasonable period of time, the notification
procedures are governed by the general rules of notification identified in the Law of Civil Procedures(Articles 4-16), however the Customs law has introduced certain provisions that has to be take into
consideration in connection with notification procedures as follows:
Article 230:
"Customs Department officials and judicial police officers may prepare and serve subpoenas,
notifications, judgments, and in general all documents relating to court procedures, including
collection and fining decisions."
Article 231:"(A) Notification shall be made according to the provisions of Civil procedure, without
prejudice to the following two cases:-
1. If the person to be served notices changes elected place of residence or work
after the date of preparation of the verbal process, and without notifying the
Department in writing, or if the said person provides a false address, notification
shall be served by posting a notice at the latest, or known, or elected place of
residence or work,  and at the notice board of the competent customs house.
2. If the place of residence of the person to be served is unknown,  and if the
value of the goods involved in smuggling does not exceed 200 JDs, notification shallbe served through the court's bulletin board and a record thereof made in a verbal
process. If the value of the goods involved in smuggling exceeds 200 JDs,
notification shall be through the courts bulletin board, and at least one
announcement in a daily newspaper."
29. Please explain the procedures for allowing  right holders an opportunity to inspect
suspect goods that have been deta ined by customs authorities, as required by Article 57 of the
TRIPS Agreement.  Please identify any relevant Jordanian laws or regulations.
Article 41 (E) of the Customs Law entitles the  applicant and/or petitioner  to inspect the
goods subject to suspension of release and clearance procedures provided that this is done in the
Customs Premises and under the  Department’s supervision .
On the other hand, Article 4 of the Instructions No. 7 / 2000 on Border Measures for the
Protection of Intellectual Property Rights provides that the  right holder is allowed  to inspect thegoods subject of the suspension of release provided that this is done in the Customs Premises and
under the supervision of the competent employee thereof .
30. Please explain whether the competent auth orities in Jordan are empowered to act ex
officio and, if so, the enforcement action that may be taken.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 54
Under the Criminal Procedures Law
The Public Prosecutor Office is responsible for initiating criminal proceedings either on its
own initiative or in response to complaints.
Under the Copyright Law
Where there is 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 are entitled to search such a place and seize the copies and the materials used
in their production and transfer such together with the persons committing the violation to court.
The Minister of Culture may also request the court to shut down the infringing establishment.
Under the Customs Law
The Director or a deputy thereof may – and only in cases where there are apparent and clear
signs of an infringement upon a trademark or copyright- suspend clearance and release of goods.
31. Please describe the remedies that are availabl e to right holders in Jordan for infringing
goods (i.e. destruction, disposal or both).
Trademarks
• Civil liability: claiming damages including recovery of lost profit, 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 threethousand 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 goods, packaging, rol ling 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.
• 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 result ed in the infringement, or its use for non-
commercial purposes.
Patents
• Civil liability: claiming damages including recovery of lost profit, expenses and
attorney's fees.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 55
• 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 threethousand 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.
4. 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 profit, 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 photocopi es 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.
• Upon the request of the judgment beneficiary the court may order publication
of its judgment in one or more daily or weekly newspapers at the convicted party’s
expense.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 56
Layout-Designs of Integrated Circuits
• 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.
• 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 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.
• 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.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 57
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.
Plant Variety
• 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
32. Please identify whether de minimis  imports are excluded from the border measures
under the laws of Jordan, as permitted under Article 60 of the TRIPS Agreement, and explain
what constitutes a de minimis  import in Jordan.  Please identify any relevant Jordanian laws
and regulations.
According to the Article 41(F) of the Customs Law as well as Article 5 of the  Instructions
on Border Measures for the Protection of Intellectual Property Rights No. 7 / 2000 the following are
excluded:
Small quantities of goods of a non-commercial nature, personal items and gifts contained in
travelers personal luggage or sent in small consignments, as well as goods in transit and goods which
are placed in the markets of the exporting country by the right holder or upon permission thereof, are
excluded.
33. Please explain how the criminal fines provided for in the Jordan Copyright and
Trademark laws, which provide for a maximum of 3000 Jordanian Dinars (approximatelyIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 58
US $4,255) are compatible with Article 61 of the TRIPS Agreement which requires remedies
that are "sufficient to provide a deterrent".
We believe that 30000 JD is adequate to provide sufficient deterrent to infringement, taking
into consideration such a remedies is among the highest criminal fines in Jordan, and bearing in mind
that the rate for the individual yearly income in Jordan (According to the data provided by the
Department of Statistics for the year 1997- the latest available-)  is 934.7 JD.
34. Please explain how the Jordanian Copyrigh t Law, which fails to criminalize certain
wilful acts of commercial piracy, namely, the intentional unauthorized use or copying of
computer programs in a business setting, is compliant with Article 61 of the TRIPSAgreement.
Article 61 of the TRIPS Agreement is fully complied with under the Copyright Law as
follows:
Article(3)(B)(8) grants copyright protection for computer programs whether in source code
or object code as literary works.
Article 9 of the Copyright Law provides
"The author shall have the right to exploit his work of art financially in any way he chooses.
No other person shall be entitled to exercise this right without written authorization from
him or his successors. The right to exploit shall include the following
(A) The right to print and to convey and release his work to the public.
(B) The right to reproduce his work by all material forms including
photographic, cinematographer. Or recording means.
(C ) The right to translate his work of art into another language or to adapt it, or
to arrange it musically or to make any other alteration thereto.
(D) The right to authorize the use of one copy or more of this work to the
persons who exploit them in leasing or hiring out and other acts relating to offering
the work to the public.
(E) The right to convey his work of art to the public through recitation, delivery,
display, acting, radiophone broadcast, cinematographer publication or any othermeans."
Article 51 provides:
"(A) He shall be penalized by an imprisonment term of no less than three months and no
more than three years and  a fine of no less than JD 1000 and of no more than JD 3000 or byone of those two penalties:
1. Whoever illegally exercised one of the privileges provided for the Articles 8,
9 and 10 of this law.
2. Whoever offers for sale imitation work of art or copies thereof although he knows
that it is imitated or conveys it to the public in any way or imports it into theKingdom or exports it abroad.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 59
(B) In case of a repetition to any crimes among the ones provided for the paragraph A of
this article, the perpetrator of the crime shall be sentenced the maximum of the imprisonment
penalty. Also, the Court may judge close down the establishment in which the crime has
been committed for a pried of no more than one year or to suspend its license for a certainperiod or for good."
Additionally and while the remedies provided under the Copyright Law include seizing the
pirated copies and the materials used in its production, and destruction of the copies or photocopies
unlawfully published, along with the materials used in its publication as mentioned in the response to
question 31.
35. Please describe whether seizure, forfeiture and destruction of infringing goods and any
materials and implements are available as remedies in wilful trademark or copyright piracy
cases.
Yes such remedies are available under both the Copyright Law and the Trademark Law
(please see the response to question 31)
36. Please state whether decisions on the merit in court proceedings in Jordan are provided
in writing and if those written opinions are ava ilable to the public so that people can become
familiar with the law.
Decisions on the merit in court proceedings in Jordan are provided in writing in accordance
with Article 160 of the Law of Civil Proceedings, which provides the following:
"The award must indicate the court that issued it, its date of issuance, location, name of the
judges who participated in its issuance and those who were present in the its citation, fullnames of the parties, their presence or absence and the name of their attorneys. The award
must also include a comprehensive citation of the lawsuit’s facts the parties’ requests, a
summary of their pleas and defences and the award reasoning and conclusion ."
In general court decisions are not published for public, however and in cases of major legal
disputes that affect a large sector of people and/or has an impact on the economic situation and in
cases of crimes that disturb the national security, Jordanian Newspapers usually updates the public
with the process of trial of such court cases and disputes and publishes the outcome of case and itsbasis. Worth mentioning that Jordan Bar Association publishes court decisions in its journal issued
on monthly basis.
37. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in Jordan, particularly initiatives related to criminal enforcement.
The Law of Criminal Procedures No. 9 / 1961 is under the process of revision and
amendment, and an advanced draft currently is before the House of Deputies for review and
adoption.
Additionally the Criminal Law No. 16 / 1961 is under amendment and a draft copy is
currently before the Legislative Bureau. Worth mentioning that the said draft includes a separate
chapter for computer crimes.
38. Please provide statistical information related to civil copyright, trademark,
geographical indication, industrial design, pate nt, integrated circuit layout-design and trade
secret enforcement for each of the year 2000, in cluding the number of cases filed; injunctionsIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 60
issued; infringing products seized; infringing equipment seized; cases resolved (including
settlement); and the amount of damages awarded.
Statistical information of such a kind is not available in Jordan under the current judicial
system. However kindly note that enforcement of IPR in Jordan during the year 2000 has witnessed a
remarkable progress, which was distinct before official authorities as well  as the public.
39. Please provide statistical information related  to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the year 2000, including the number
of raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether
the fines were paid and whether the jail term wa s actually served or was suspended) and any
other information establishing the criminal system  operated effectively to deter copyright piracy
and trademark counterfeiting.
As above-mentioned statistical information is not available in Jordan, however and on the
criminal level, the Kingdom had witnessed an obvious progress, which had resulted in a considerabledecrease of infringement, especially in connection with pirated and counterfeited goods.  It is worth
mentioning that the jail term was served for the first time in the Kingdom's history.
40. Please list and describe the functions of those government entities within the
government of Jordan that have intellectual property enforcement authority.
(i) Ministry of Industry and Trade
Trademarks:
Article 14- Opposition Action
Article 25- Cancellation Action
Patents
Article 14- Opposition Action
Article 30(C)- Cancellation Action
Layout-Designs of Integrated Circuits
Article 8- Opposition Action
Article 13- Cancellation Action
Industrial Designs and Models
Article 9 -Opposition Action
Article 13 -Cancellation Action
(ii) National Library / Ministry of Culture
Copyright
Article 36 - Right to inspect, seize and refer to the competent court, right to request closing the
shop.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 61
(iii) Ministry of Agriculture
Plant Varieties
Article 12- Opposition Action
Article 23- Cancellation Action
(iv) Customs Department
The Tariff Directorate
Article 41 of the Customs LawArticles 2 and 3 of the Instructions on Border Measures for the Protection of Intellectual
Property Rights.
41. Please provide us with a copy of any Jorda nian laws that relate to the enforcement of
intellectual property rights.
Enclosed herewith-kindly find copies of the laws enumerated under the numbers 7-16,
however and as for the laws under the numbers 1-6 kindly be informed that a translation of the
provisions related to IP Enforcement is provided as the said laws are not available in English.
- Civil Law No. 43 / 1976.
- Law of High Court of Justice No. 11 / 1989.
- Criminal Law No. 16 / 1961.
- Law of Civil Procedures No. 24 / 1988.
- Law of Criminal Procedures No. 9 / 1961.
- Evidence Law No. 30 / 1952.
- 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 for the Protection of New Plant Varieties No. 24 / 2000.
- Law of Geographical Indications No. 8 / 2000.
- Trade Secret and Unfair Competition Law No. 15 / 2000.
- Customs Law No. 20 / 1998 and its amendments.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 62
- Instructions on Border Measures for the Protection of Intellectual Property No. 7 /
2000.IP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 63
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/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 64
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/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 65
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/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 66
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 provisionIP/Q/JOR/1, IP/Q2/JOR/1,
IP/Q3/JOR/1, IP/Q4/JOR/1
Page 67
Article 50.1 TRIPS Article 12,
Amending Article 46(C)Articles 3/2, 32, 115/4,
Code of Civil Procedures
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)
__________