Jordan - Protecting Intellectual Property Protecting Intellectual Property
Jordan’s record on IPR enforcement has improved to the point where intellectual property (IP) violations in Jordan are among the lowest in the Middle East North Africa (MENA) region, according to the World Economic Forum’s 2013 Global Information Technology Report. The report ranked Jordan 47th in overall environment on an international scale of 144 countries. MENA neighbors Saudi Arabia and Oman ranked 31st and 40th respectively, while Egypt ranked 80th, and Algeria ranked 131st.
Jordan’s Customs Department and the Public Security Department have created specialized IPR units to enforce violations. Pending amendments to Jordan Standards and Metrology Organization (JSMO) authorizing law aim to enhance the agency’s role in seizing counterfeit products that have entered the Jordanian market. However (JSMO) currently seizes counterfeit products under its mandate of protecting consumers from cheating. The government estimates that USD 28 million worth of pirated software; games, DVDs and books are sold annually in Jordan at a cost of USD 4.2 million in forgone taxes.
The government routinely conducts coordinated sweeps, and in 2014 referred 460 cases of intellectual property rights violations to the Jordanian judicial system. The Jordanian government continues to examine means to provide more comprehensive protection of IPR, including through more stringent enforcement of existing laws, introduction of new regulations based on existing laws, and the creation of an independent IP body.
Protecting Your Intellectual Property in JORDAN:
Several general principles are important for effective management of intellectual property (“IP”) rights in Jordan. First, it is important to have an overall strategy to protect your IP. Second, IP is protected differently in Jordan than in the U.S. Third, rights must be registered and enforced in Jordan, under local laws. Your U.S. trademark and patent registrations will not protect you in Jordan, unless it is a well-known and very famous trademark. There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer copyright protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions.
Granting patents registering are generally is based on a first-to-file [or first-to-invent, depending on the country], first-in-right basis. Similarly, registering trademarks is based on a first-to-file [or first-to-use, depending on the country], first-in-right basis, so you should consider how to obtain patent and trademark protection before introducing your products or services to the Jordan market. It is vital that companies understand that intellectual property is primarily a private right and that the U.S. government cannot enforce rights for private individuals in Jordan. It is the responsibility of the rights' holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Jordanian law.
While the U.S. Government stands ready to assist, there is little we can do if the rights holders have not taken these fundamental steps necessary to securing and enforcing their IP in a timely fashion. Moreover, in many countries, rights holders who delay enforcing their rights on a mistaken belief that the USG can provide a political resolution to a legal problem may find that their rights have been eroded or abrogated due to legal doctrines such as statutes of limitations, laches, estoppel, or unreasonable delay in prosecuting a law suit. In no instance should U.S. Government advice be seen as a substitute for the responsibility of a rights holder to promptly pursue its case.
It is always advisable to conduct due diligence on potential partners. A good partner is an important ally in protecting IP rights. Consider carefully, however, whether to permit your partner to register your IP rights on your behalf. Doing so may create a risk that your partner will list itself as the IP owner and fail to transfer the rights should the partnership end. Keep an eye on your cost structure and reduce the margins (and the incentive) of would-be bad actors. Projects and sales in Jordan require constant attention. Work with legal counsel familiar with Jordanian laws to create a solid contract that includes non-compete clauses, and confidentiality/non-disclosure provisions.
It is also recommended that small and medium-size companies understand the importance of working together with trade associations and organizations to support efforts to protect IP and stop counterfeiting. There are a number of these organizations, both Jordan or U.S.-based. These include:
- The U.S. Chamber and local American Chambers of Commerce
- National Association of Manufacturers (NAM)
- International Intellectual Property Alliance (IIPA)
- International Trademark Association (INTA)
- The Coalition Against Counterfeiting and Piracy
- International Anti-Counterfeiting Coalition (IACC)
- Pharmaceutical Research and Manufacturers of America (PhRMA)
- Biotechnology Industry Organization (BIO)
IP Resources
A wealth of information on protecting IP is freely available to U.S. rights holders. Some excellent resources for companies regarding intellectual property include the following:
- For information about patent, trademark, or copyright issues -- including enforcement issues in the U.S. and other countries -- call the STOP! Hotline: 1-866-999-HALT or visit www.STOPfakes.gov
- For more information about registering trademarks and patents (both in the U.S. as well as in foreign countries), contact the U.S. Patent and Trademark Office (USPTO) at: 1-800-786-9199, or visit www.uspto.gov
- For more information about registering for copyright protection in the US, contact the US Copyright Office at: 1-202-707-5959, or visit www.copyright.gov.
- For more information about how to evaluate, protect, and enforce intellectual property rights and how these rights may be important for businesses, please visit the “Resources” section of the STOPfakes website at www.stopfakes.gov/resources.
- The U.S. Commerce Department has positioned IP attachés in key markets around the world. The IPR Attaché for Jordan is located at the U.S. Embassy in Kuwait. Please contact: Aisha.salem@trade.gov for more information.