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We are excited to share the latest edition of the Law Update, beautifully and appropriately titled “Sustainable Horizons: The Saudi Arabian Vision.” Giving special honor to the Kingdom’s 2030 vision, this update focuses on a collection of both informative and inspiring articles.
For those in construction, you can learn about how the tendering environment impacts risk-pricing for contractors, the updates on the legal framework of the construction industry and how contractors can protect themselves against financial difficulties.
There is good news too from the kingdom’s banking sector, from which the practice of “Open Banking” is being pushed for! But what is open banking? We’re answering that too.
Also . . . Are there any women trail blazers in Saudi Arabia you can name? We’ll help you with that. We cover how the Middle East has been making strides in empowering women in the entrepreneurial space,most notably in STEM fields.Read the full edition
Ala’a Mohammad Al Bataineh - Head of Intellectual Property - Jordan - Intellectual Property
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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