Chapter 5 IPR

Page 1

Intellectual Property Rights (IPRs)

  • Overview of IPRs at German Jordanian University (GJU).

Page 2

Chapter 5 Overview

Part 1: Patents

Part 2: Trademarks

Part 3: Copyrights

  • General Note: The Hashemite Kingdom of Jordan is a signatory to the Paris Convention for the Protection of Industrial Property (1883) and a member of the World Intellectual Property Organization (WIPO).

Page 3

Part 1: Patents

  • Definition:

    a legal right granted by the government to an inventor, giving them exclusive rights to their invention for a specified period, typically 20 years, in exchange for public disclosure of the invention.

  • Applications:

    • Filed with the Patents Office for compliance and patentability examination under Jordanian laws.

    • Amendments may be required for conformity.

  • Appeals:

    • Can be made to the Administrative Court within sixty days of rejection notification.

  • Publication:

    • Approved applications are published in the Official Gazette.

    • Interested parties can oppose within three months.

    • If no opposition is filed, a decision to grant the patent is issued.

Page 4

Part 1: Patents (Continued)

  • Validity:

    • Patents are valid for twenty years from filing, contingent on payment of registration and renewal fees.

  • Transferability:

    • Patent rights can be transferred, but notice must be published in the Official Gazette.

  • Utilization Requirement:

    • Owners must use the patent in Jordan within three years or face compulsory licensing.

  • Penalties for Infringement:

    • Imprisonment (3-12 months) and fines (100-3000 JDs) for patent infringements.

Page 5

Part 2: Trademarks

  • Definition:

    • A symbol or words legally registered as representing a company or product.

  • Application Process:

    • Filed with the Registrar of Trademarks at the Ministry of Industry and Trade.

    • Accepted applications are published in the Official Gazette.

    • Oppositions can be filed within three months.

Page 6

Part 2: Trademarks (Continued)

  • Registration Validity:

    • Valid for ten years, renewable in ten-year increments.

  • Transferability:

    • Must publish transfer notices in the Official Gazette.

  • Usage Requirement:

    • Trademarks must have actual use; those unused for three years may be revoked.

  • Prohibitions:

    • Cannot register trademarks that are duplicative of Royal Symbols, offensive, misleading, or similar to existing trademarks.

  • Penalties for Infringement:

    • Punishable by imprisonment (3-12 months) or fines (100-3000 JDs).

Page 7

Part 3: Copyright

  • Definition:

    Copyright is a legal right that grants the creator of original works exclusive control over the use and distribution of their creations, including literary, artistic, and musical works.

  • Legislation:

    • Copyright Protection Law No. 22 enacted in 1992, amended in 1998 and 1999.

  • Scope of Protection:

    • Covers original literary, artistic, and scientific works (e.g., books, music, films).

  • Filing:

    • Copyright is filed at the Ministry of Culture, requiring originality and personal innovation.

  • Duration of Protection:

    • Lasts for the author's life plus fifty years. Special durations for other types of works (e.g., films: 50 years, radio programs: 20 years).

Page 8

Copyright (Continued)

  • Ministry of Culture Rights:

    • Can publish unreleased works after six months notice to the author or heirs, who are entitled to fair remuneration.

  • Penalties for Infringement:

    • Imprisonment (3 months to 3 years) or fines (1000-6000 JDs) for violations.

  • Enforcement:

    • Jurisdiction lies with civil courts; however, implementing regulations are not yet formalized.