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Under the new instructions, No 6 of 2012 (‘the Instructions’), the Organisation has established the ‘Unit for Fighting Counterfeiting, Investigation and Reporting’ (‘the Unit’). This is a specialised unit whose purpose is to follow up complaints received from the Internal Control Directorate, which is a directorate inside the Organisation that deals with complaints received from the owners of affected trademarks.
Article 3 of the Instructions details the mechanism by which the Unit is to verify the product holding the trademark. The Unit is to receive the product from the Internal Control Directorate or affected trademark owner, with the following attached:
a) If the product entered Jordan through its borders:
b) If the product was already in the market:
The Unit will then photograph the product using high quality cameras and specialised scanners, and send the images to the company who owns the trademark. The trademark owner can then investigate whether the product is original or counterfeit.
If the trademark owner is not satisfied with the photographs the Unit will send a sample of the product, thought the trademark owner will have to cover the delivery costs of this.
Once the trademark owner verifies the products they must inform the Unit in writing as to whether the product is indeed counterfeit or original.
If it is confirmed that the product is counterfeit, then under article 30(c) of the Law of the Organisation No. 22 for 2000, the Unit can do the following:
Furthermore, article 4 of the Instructions provide a mechanism to protect trademarks. The trademark owner and the Organisation are to reach an agreement detailing the following:
Whilst the Unit is new and remains largely untested, it is hoped that it will continue the strengthening of Jordan’s commitment and ability to protect trademarks.
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