The first Law Update of 2024 is here, and our first focus of the year spotlights Healthcare and Lifesciences, a sector that is undergoing significant growth and development across the MENA region.
Our focus provides an insight into some of the most important regulatory updates across the region, such as the UAE’s groundbreaking law on the use of human genome, Kuwait’s resolution on nuclear and radioactive materials, the new regulations for healthcare services in Qatar, Egypt’s healthcare regulatory framework, and the impact of the Saudi Civil Transactions Law on the healthcare and life sciences sector … and there is so much more!
Beyond the healthcare pages our lawyers share with you multi-sector insights where you will discover articles on Dubai’s DIFC regulatory framework for startups, Bahrain’s commercial agencies law, and we also shed light on Kuwaiti civil code and the advantages of setting up a joint stock company in Saudi Arabia.Read the full edition
The law seeks to ensure that goods in the Jordanian market conform to the prescribed technical regulations. In order to do so, the law provides the JSMO with the authority to examine existing goods in the market as well as those which enter the Jordanian border crossings.
The amendments provided under the Law are substantial and include giving the JSMO the authority to confiscate counterfeit products and to raid shops suspected of selling or making counterfeit products. Through the Law, the JSMO and its employees have broader powers to exercise their mandate and to examine goods to ensure: 1) conformity with the technical regulations, 2) that they are not replicated or counterfeited, and 3) that they possess original trademarks.
The most important of these amendments is reflected in Article 33 of the Law where the JSMO’s staff are considered Judicial Police with the right to inspect any place that produces, displays, sells, stores, distributes, or modifies any goods. Further, the JSAMO staff have the right to take samples of goods to check their compliance with the technical regulations and to ensure that no original trademarks are violated.
It is worth mentioning that the Law gives the JSMO’s employees the right to seize counterfeit branded, imitated, or unsafe to use goods after examining goods already in the market, or though the monitoring and examining goods of entering through border crossings. This ensures a larger and wider protection against the imitation of original trademarks
Article 33(E) of the Law provides that if JSMO’s staff find that the seized goods are counterfeit branded or do not conforming with the technical regulations, the importer will be prevented from entering with the goods and obliged to return the goods to their country of origin. In the alternative, JSMO may seize the goods and order their destruction. If counterfeit branded, imitated, or nonconforming goods are found in the market, the offender, the seller, will receive a written warning noting that action must be taken within a specified period to make the goods conform with the technical regulations. If the offender does not abide within the warning period, the shop will be closed by JSMO and the offender will be referred to the relevant court. In conjunction, the General Director of the JSMO will issue a decree to confiscate the nonconforming or counterfeit branded goods.
The Law has reiterated the sanctions to be implemented against offenders. Fines for breaching the provisions of the Law range from one thousand to ten thousand dinars, or imprisonment for a period of four to six months in conjunction with a fine of not less than one thousand dinars.