Jordan - summary of Customs recordals

Good friends Saba have published a useful summary of Customs recordals in Jordan in their January 2017 newsletter (available here). They say:

"Border measures are a key tool in the fight against counterfeiting and piracy and a critical element of a successful intellectual property enforcement system. In the scope of the continuous efforts to create competent border enforcement measures and to provide effective protection, recordals in Jordan are available at two different authorities, the General Customs Department and the Aqaba Special Economic Zone Authority (ASEZA). Both work separately, however. ASEZA is only concerned with the shipments that are cleared into the free zone only.

One fundamental premise of the recordation system (other than providing a central registry containing information for recorded trademarks) is that it allows Customs officials to adopt an ex-officio border system. An ex-officio system is different from the standard border system in which a judicial authority orders Customs to detain the infringing shipment after identifying the infringing goods. The key advantage of the ex-officio system is that it allows for prompt and proactive action by Customs officials thus avoiding the delays inherently involved in seeking judicial action. Customs officials are always on the lookout for infringing goods and are thus able to act quickly to confiscate counterfeit and pirated merchandise.

Pursuant to this recordation system, the owner of a trademark registration can apply to the above-mentioned entities requesting recordation. The application should include certain information as required by the applicable policies and must be accompanied by the certificate of registration of the mark and a power of attorney. The Customs will then issue a recordation notice.

The below table lists the required documents for recordal with the General Customs Department and ASEZA:

Recordal with General Customs Department	Recordal with Aqaba Special Economic Zone Authority (ASEZA)
• Power of attorney, legalized up to the Jordanian consulate • Copy of the registration certificate of the trademark to be recorded • A petition duly executed on behalf of the rights holder • Brochures or images showing how the genuine trademark is being used	• Power of attorney, legalized up to the Jordanian Consulate • Copy of the registration certificate of the trademark to be recorded • Application form • Brochures or images showing how the genuine trademark is being used
Recordal is valid for the trademark’s protection term, renewable for like periods	Recordal is valid for one year, renewable for like periods

Should you have any questions, or require any additional information, please contact us at news@sabaip.com"

Jordan - accession to the Patent Cooperation Treaty

News from good friends AGIP (by email back in December 2016) that Jordan is to join the Patent Cooperation Treaty. Their announcement reads:

"The Jordanian Council of Ministers, headed by Prime Minister Mr. Hani Al-Mulki approved the accession of Jordan to the Patent Cooperation Treaty (PCT). The Treaty provides procedural facilitations with a 90 percent discount on the submission fees offered by the World Intellectual Property Organization (WIPO) to Jordan.

The accession of Jordan to the PCT would benefit both local and foreign applicants, which would contribute to the increase of patent applications submitted to the Directorate of Industrial Property Protection, affiliate of the Ministry of Industry and Commerce.

The Council instructed the Minister of Foreign Affairs to deposit the accession documents with the Secretary General of WIPO and authorized the permanent representative of the Kingdom in Geneva to sign the treaty."
Followed this month by news from good friends Saba in their January 2017 newsletter (article here) which reads:

"Pursuant to amending the Patents Law in 2016, the Jordanian Council of Ministers approved the accession of Jordan to the Patent Cooperation Treaty (PCT). Accordingly, the instrument of accession is being prepared by the Ministry of Industry and Trade and Supply and will be signed on behalf of the government of Jordan and submitted at the World Intellectual Property Organization (WIPO).

During the transitional period into becoming a member of the PCT, the Ministry concerned will raise awareness to familiarize all stakeholders with the Treaty. We expect further developments and news in this area that should clarify the direct benefits of Jordan’s upcoming accession to the PCT.

Should you have any questions, or require any additional information, please contact us at news@sabaip.com"

The UAE and Jordan sign an agreement to enhance joint efforts in SMEs, innovation and R&D

News from WAM (here) and Gulf News (here) of the signing of an agreement between the UAE and Jordan in November 2015. The report on WAM reads:

"The UAE Ministry of Economy and the Jordanian Ministry of Industry, Trade and Supplies, have signed a Memorandum of Understanding, MoU, envisaging a wide-ranging cooperation between the two countries in the fields of innovation and research, and developing Small and Medium Enterprises, SMEs.

The three-year agreement, which consists of 13 clauses aims to build a long-term strategic alliance between the two sides.

The MoU was signed in Amman by Sultan bin Saeed Al Mansouri, Minister of Economy, and Maha Ali, Jordanian Minister of Industry, Trade and Supplies, during the UAE-Jordan Economic Forum and in the presence of Dr Abdullah Al Nasour, Prime Minister of Jordan.

The MoU reflects the desire of both countries to set up a reciprocally beneficial network of business cooperation for young entrepreneurs running SMEs.

Both countries are also cooperating in the exchange of knowledge and expertise among relevant government departments, including the Jordan Investment Authority and Jordan Enterprise Development Corporation, JEDCO, and equivalent UAE bodies such as the SMEs Council, SME Fund, and the Chambers of Commerce and Industry.

The agreement will look into preparing a work plan to identify further areas of cooperation as well as to encourage government entities, business development centres, and private sector organisations to set up joint projects among SMEs focusing on technological innovation. It will also facilitate access to sources of funding, help SMEs explore viable market opportunities, and enable exchange of information on intellectual property rights pertaining to SMEs in both the UAE and Jordan.

In addition, the agreement will explore the possibility of cooperation for purposes of building networks of communication and brokerage business between important stakeholders involved in innovation initiatives such as companies, academic and research institutions, and business development firms, particularly those involved in the SME sector. The agreement will enable mutual coordination among various government departments to remove the commercial hurdles facing SMEs.

The MoU also envisages closer interaction among government, academic and private sector organisations in both countries on a regular basis, and another key aspect is the inclusion of social responsibility as an integral part of all partnerships developed as a result of this agreement.

Sultan Al Mansouri said that the MoU is consistent with the directives of President His Highness Sheikh Khalifa bin Zayed Al Nahyan, and in line with the UAE Cabinet's announcement of 2015 as the UAE Year of Innovation.

He said, "This MoU is part of our efforts to actualise the National Strategy for Innovation that Vice President and Prime Minister and Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, launched last year. The Vice President has stressed the need to deepen cultural innovation nation-wide. This vision reflects the Ministry's own strategy to expedite the process of transition to a knowledge economy based on creativity and innovation in tune with the UAE Vision 2021 that seeks to enhance the country's global competitiveness and economic sustainability." The UAE Minister of Economy pointed out that the importance of the MoU is highlighted with the fact that it focuses on three areas of paramount importance for the country, and they are: Innovation, SMEs and research and development.

He said, "These are areas that form the strategic pivot of the wise leadership?s determination to make the UAE a leader in many fields. Innovation is not a choice, but an imperative for any country trying to consolidate its position in the global economy. The UAE realised this early on and included innovation among its goals as far back as in its Vision 2012." Al Mansouri added, "Last year, His Highness Sheikh Mohammed bin Rashid Al Maktoum launched the National Strategy for Innovation. The strategy included 30 initiatives to be implemented in three years. Covering seven sectors - energy, transportation, health, education, technology, water and space. The strategy proposed the setting up of the National Innovation Committee to convene a number of federal entities to work together on the execution of the National Innovation Strategy and to involve the private sector in the drive." Many public sector and private sector organisations have already commenced the establishment of innovation and development centres to organise economic and academic activities focused on innovation.

Al Mansouri went on to point out that SMEs played an important and contributory role in the national economy. "They were integral to the UAE's efforts to achieve sustainable development, and helped enhance the country's global competitiveness, while also supporting its transition to a knowledge economy based on creativity and innovation," he said.

The promotion of SMEs and encouragement of young entrepreneurs is also part of the UAE?s efforts to diversify its economy. SMEs currently constitute 94% of companies operating in the UAE, and contribute around 60% of the country's GDP. The UAE Government is looking to take this figure to 70% by 2021. In this context, strengthening cooperation with other countries with respect to SMEs is crucial to the UAE's economic sustainability objectives.

Also commenting on the agreement, the Jordanian Minister Maha Ali, said, "This MoU is an important bilateral partnership. It will add a new and collaborative dimension to the relations between our countries," confirming that innovation, SMEs and research and development is one of the important sectors of strategic development for both the UAE and Jordan."

Jordan - DealMakers 2015 event

News of the DealMakers 2015 event hosted in Amman, Jordan on Friday 20 November 2015 by Endeavour Jordan here.

The event has a numbner of workshops - two of which are of particular interest - one on Innovation through Intellectual Property and a second on Navigating the Legal Landscape.

EU Free Trade Agreement negotiations with Southern Mediteranean countries

News reaches, in a roundabout way, this part of the Empty Quarter of ongoing efforts by the European Commission to strengthen ties with those countries that border the Mediterranean.

There is an interesting portal to these efforts on the European Commission Euro-Mediterranean partnership webpage here. And there is a up to date summary of FTA and other trade negotiations in a PDF document here (which covers other countries as well). These are of interest because they lead to "Deep and Comprehensive Free Trade Agreements" which cover Intellectual Property.

Jordan - Standards and Metrology Organisation Law amended

News from good friends Saba & Co in their September 2015 bulletin (here) of amendments to the Standards and Metrology Organisation Law 

Oman - plant varieties

A useful, brief, summary from good friends Saba & Co in their June 2015 newsletter (here) on the publication of the implementing regulations of Royal Decree No. 49 of 2009 promulgating the Law on the Protection of Breeders’ Rights in New Varieties of Plants.

They report that:

• applications may now be filed with the General Directorate for Plant and Animal Research at the Ministry of Agriculture and Fisheries. 
• filing requirements stipulate that applications must include a title and a full description, along with seeds and any other information or samples that may be requested by the authorities concerned. The protection term is 25 years for trees and grapevines, and 20 years for other plant varieties. 
• renewal fees will have to be paid annually from the filing date.

They then include a useful summary table setting some information about Cyprus, Egypt, India, Iran, Jordan, Morocco, Saudi Arabia, Tunisia, Turkey and the UAE.

Jordan - new drug and pharmacy law

A useful, brief, summary from good friends Saba & Co in their June 2015 newsletter (here) on the amendments to the Drug and Pharmacy Law No. 24 of 2015 that came into effect on May 18, 2015.

They report that the main amendments include sanctions imposed on the counterfeiting of medicine:

• the new law allows both imprisonment and a fine, whereas the old law imposed either imprisonment or a fine
• the fine for counterfeiting is now ten times the value of the fake products produced, whereas the old law only imposed a fine of twice the value
• the Food and Drug Administration is authorised to close down any shop, store, gym, or beauty centre that sells or trades in counterfeit or banned medicines or supplements.

Jordan - new trade mark regulations for assignments, mortgages and security interests

News in a recent email from good friends SMAS contains news of new trade mark regulations in Jordan. As the item does not appear on the SMAS website, this part of the Empty Quarter is taking the liberty of reproducing it here:

"New Trademark Regulations in Jordan

We would like to draw your attention that in accordance to Article 19 Paragraph 5 of the Jordanian Trademarks Law No. 33 of the year 1952 and its amendments, the Jordanian Ministry of Industry and Trade issued the Regulations for filing a recordal of assignment, pledge and security interest of a trademark registration under No. 55 for the year 2014 effective from 1 April 2014.

According to the new regulations, a duly legalized Power of Attorney specified for the legal procedure should be submitted along with the recordal of assignment, pledge or security interest within one year from the date of signing the Power of Attorney.

Further, in relation to the recordal of assignment of a trademark registration, both parties should submit a certified copy of their Company’s Commercial Register, and the date of issuance the same should not exceed one week prior filing the recordal of assignment with the Jordanian Trademarks Office.

Should you need any assistance and/or information in respect of the above matter, please do not hesitate to contact us at Jordan@smas-ip.com

SMAS INTELLECTUAL PROPERTY"

If this part of the Empty Quarter is reading this news correctly then:

- a Power of Attorney submitted in support of an application to record an assignment, pledge, or security interest should be no more than a year old when the application is submitted.
- the Trade Mark Office now require certified copies of both the assignor's and the assignee's 'Commercial Register' each of less than a week old when an assignment aplication is filed.

To this part of the Empty Quarter both of these requirements seem unnecessarily stringent and require more work to be done in less time which will cost rights holders more than before which is not welcome news.

Update: News on the same issue from good friends AGIP on their website here and from good friends Saba & Co on their website here. 

Eid Al Adha 2013 holidays

With thanks to good friends SMAS, who sent this out today, here is a table of government holidays across the region:

Bahrain - Monday 14 October 2013 to Saturday 19 October 2013Egypt - Monday 14 October 2013 to Saturday 19 October 2013
Iraq - Tuesday 15 October 2013 to Saturday 19 October 2013
Jordan - Monday 14 October 2013 to Saturday 19 October 2013
Kuwait - Friday 11 October 2013 to Saturday 19 October 2013
Lebanon - Tuesday 15 October 2013 to Saturday 19 October 2013
Libya - Monday 14 October 2013 to Sunday 20 October 2013
Morocco - Wednesday 16 October 2013 to Saturday 19 October 2013
Oman - Monday 14 October 2013 to Saturday 19 October 2013
Palestine - Sunday 13 October 2013 to Saturday 19 October 2013
Qatar - Sunday 13 October 2013 to Sunday 20 October 2013
Saudi Arabia - Thursday 10 October 2013 to Sunday 20 October 2013
Sudan - Saturday 12 October 2013 to Saturday 19 October 2013
Syria - Sunday 13 October 2013 to Saturday 19 October 2013
Tunisia - Tuesday 15 October 2013 to Wednesday 16 October 2013
U.A.E - Saturday 12 October 2013 to Saturday 19 October 2013
Yemen - Sunday 13 October 2013 to Sunday 20 October 2013