The final Law Update of 2022 is here, and it’s packed full of articles. The double edition features two focus areas, first is a spotlight on Energy and Resources and second we feature a collection of articles on Transport and Logistics. The developments occurring in these sectors in the MENA region are unprecedented and our lawyers cover vast themes for you.
The Energy and Resources focus features topics such as diversifying energy resources, solar PV, mining in the Middle East, renewable energy and green hydrogen. From a transport perspective, we draw attention to the Bahrain metro project, discuss the challenges and remedies associated with the repossession of an aircraft, and there is advice on what to consider should a party vary the terms of a shipping contract.
This edition navigates you through updates from across jurisdictions such as, Oman, Jordan, Saudi Arabia, Egypt, Iraq, Qatar, and the UAE. Each article is timely and provides insights into legal issues and cases that are affecting these sectors across the region.Read the full edition
The Jordanian Custom Department and the Jordanian legislative authority have recently provided a draft law on border measures amending the current Customs Law. The draft law is expected set out protective measures for intellectual property attached to goods being imported and exported and aims to strengthen border control measures to deal with piracy and counterfeiting found in such goods. The new law is expected to be aligned with the specific provisions found in the Agreement on Trade Related Aspects of Intellectual Property Rights.
Currently, the trademark databases at the Jordanian Customs office and the Trademark Office are connected, thereby allowing Customs officials to access any and all trademarks already registered. However, presently, in the event that a customs official suspects a trademark infringement, their authority is limited to suspending importation or exportation of the goods and notifying the trademark owner, in order for the owner to file a claim within the legal timeframe allowed.
Should the draft law be ratified and enacted, the Customs’ officials will be granted further power to identify, intercept, and confiscate shipments of goods bearing infringing marks and inform the rights holder as well as the importer. These authorities will not require any previous action or complaint by the owner of the right(s). In fact, the new law goes further and grants Customs officials the authority to take the action or file claim against an infringer without reverting to the right owner
In applying this law, it is predicted that that IP protection for trademark owners will be enhanced, as the Jordanian Customs department will be able to lodge complaints against counterfeit goods without requiring previous instructions from the owner of the rights. In future, this is expected to decrease the number of forged and pirated goods entering and exiting Jordan.