legal protection of industrial designs and models Under the article 10 of Jordanian law…Prepared by

1-introduction
Jordan has been declared as a member of the W.T.O (WORLD TRADE ORGANIZATION) in 17/12/1999, which is the legal successor for GATT organization , therefore, Jordan has required complying with all agreements issued by the WTO agreement Including the agreement on trade related aspects of intellectual property rights, which is known TRIPs agreement , therefore, The signing of the Berne Convention for the Protection of Literary and Artistic Works on impact of a condition for the Jordan to the WTO Agreement  
In this context, Jordan has adopted and amended new legislations to cover all intellectual property rights , Jordan has approved a package of amendments relating to intellectual property , Under which, the Act Amending the Copyright Law No. (29) for the year 1999, and The Patent Law No. (32) for the year 1999 , the Act Amending the Trademark Law No. (34) for the year 1999, As well as the law of industrial designs and models no (24) for year 2000 , the law of unfair competition and trade secrets No. (15) for the year 2000 , Protection Act and the designs of integrated circuits No. (10)for the year 2000 , And Geographical Indications Law No. (8) for the year 2000 .
As we mentioned earlier , the industrial designs and models law no (14) was enacted in Jordan in 2000, aims to help build confidence in the market and the owner, as industrial design protection contributes to the market development of his products and helps ensure a fair return on his investment protection is conducive to fair competition, and honest trade practices and encourages creativity, thus leading to more aesthetically attractive and diversified products and protection injects creativity in the industrial and manufacturing sector, contributes to the expansion of commercial activities, Addition, enhances the export potential of national products.
The industrial design and models law of Jordan for year 2000 defined the meaning of industrial design in article 2 : any composition or arrangement of lines , which gives the product special appearance and appeal , whether by industry or handicraft, including textile designs .
And defined the industrial model in the same article : a three-dimensional form, whether associated with lines or colors or not, which gives special appearance, that may be used for industry or handicraft . it thus Uniqueness of its own To distinguish between industrial design as a tow dimensional form and industrial model as a three-dimensional form , And after that, in article 4 addressed the issue of registration of industrial designs and models and the conditions That must be available or met in the industrial designs and models to may be registered , which are Provided that the design or model must be new , undisclosed to public anywhere in the world and That have been independently created .
In the same frame, in the article 4 paragraph B dealt with by talking about grace period Granted to the owner of the design and model In relation to disclosure to the public of an industrial design and model which shall not be taken into consideration, if the disclosure occurred within twelve months preceding the date of filing for registration in the kingdom , or the claimed priority date of the application , if such disclosure was a result of an act committed by the applicant , or of an unlawful act committed by a third party against the applicant .
On this issue , I think the Jordanian legislator in this paragraph did not cover all of the circumstances that might be applicable to conditions of disclosed to the public of industrial design and model, he talk about an unlawful act committed by a third party against the applicant , but what about lawful act, or any act in a good faith person ,I believe, this paragraph Should be amended by remove unlawful word or addition lawful word .
Also, he explain the law of whom has the right to registration of the industrial design and model in article 5 , and Dealt with in Article 6-9 procedures for registration of industrial design and model ,and He dealt in articles 10-13 to the protection of industrial designs and models, Which will be over the discussion in this article Especially Article 10 Compared with the laws of several countries such as Egypt and the United Arab Emirates.
The legislature in Articles 14-16 in industrial designs and models, provides on the subject of the transfer of ownership , hypothecation and attachment of an industrial design or model , eventually , he moved to talk about provisional measures and other penalties which deserted criminal action or criminal protection .

2- legal protection of industrial designs and models Under the article 10 of Jordanian law
,,An industrial design is that aspect of a useful article which is ornamental or aesthetic. It may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color,,
In general, an industrial design must be registered in order to be protected under the industrial designs and models law of Jordan , therefore any industrial design or model is not registered Does not have the legal protection under Jordanian law .
Article 1 of the Paris Convention (Stockholm Act of 1967) stipulates that “The protection of industrial property has as its object patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition”.
In Article 5quinquies, the Convention provides that “Industrial designs shall be protected in all the countries of the Union.
“However, the Paris Convention, not clearly providing a definition of industrial designs, leaves it to each individual county of the Union to decide how to protect them under a domestic law”.
Article 26 of the TRIPS Agreement provides:
1.( The owner of a protected industrial design shall have the right to prevent third parties not having the owner’s consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes).
2. (Members may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties).
3.( The duration of protection available shall amount to at least 10 years).
Article 10 of Jordanian law provides:
A. After the registration of an industrial design or model, the owner shall have the right to prevent third parties not having his consent from making, importing or selling articles bearing a design or embodying a model which is a copy, or substantially a copy, when such acts are undertaken for commercial purposes.
B. The protection shall not extend to any part of an industrial design or model that had been registered, if such part was dictated essentially by technical or functional considerations.
C. Any person committing any of the acts stated in paragraph (A) of this Article shall be considered committing an act of infringement upon the rights of the owner of the industrial design or model and shall be subject to liability, if that person knew or should have known that he is infringing upon an industrial design or model protected in accordance with the provisions of this Law .
Conclude from this text in a paragraph A , The Jordanian legislator has Taken the text in the first paragraph of the TRIPS Convention as is, He explained stipulated that the industrial design or model shall be registered to get legal protection , That’s when the mention of (. After the registration of an industrial design or model) in this paragraph which talk about the rights that the owner of the industrial design or model shall have its .
These rights are granted to the owner of the industrial design or model includes 1- to prevent third parties not having his consent from making 2-importing or selling articles bearing a design 3- or embodying a model which is a copy 4- substantially a copy when such acts are undertaken for commercial purposes , this means that any of these actions for non-commercial purposes is not an infringement upon the rights of the owner of the industrial design or model .
The Jordanian legislator excluded in paragraph (b) of Article 10 of the legal protection, any part of an industrial design or model that had been registered , if such part was dictated essentially by technical or functional considerations .

“In general, it is not correct to believe that “technical inventions and acts of imagination” stand opposite to each other. Skilled designers think of the developing relationship between form and function as important to their work . Design protection for the utility products, however, does not cover the technical effects, but only the shapes of these such articles. If the same technical effects can be also accomplished by another shape, there exists no infringement of design right “.
The subject matter of the legal protection of industrial designs is not articles or products, but rather the design which is applied to or embodied in such articles or products .
“The emphasis is on an abstract conception or idea as the subject matter of design protection. Design protection does not apply to articles or products in such a way as to grant the proprietor of the design exclusive rights over the commercial exploitation of those articles or products. Rather, design protection only applies to such articles or products as embody or reproduce the protected design. Protection does not, therefore, prevent other manufacturers from producing or dealing in similar articles fulfilling the same utilitarian function, provided that such substitute articles do not embody or reproduce the protected design “.
commonly that designs which are dictated solely by the function which the article is to perform shall be excluded from protection. In this respect, Article 25.1 of the TRIPS Agreement provides that Members of the WTO may provide that industrial design protection shall not extend to designs dictated essentially by technical or functional considerations .
The most important point is what is stated in Article 10, paragraph C which provides : (Any person committing any of the acts stated in paragraph (A) of this Article shall be considered committing an act of infringement upon the rights of the owner of the industrial design or model and shall be subject to liability, if that person knew or should have known that he is infringing upon an industrial design or model protected in accordance with the provisions of this Law .
in this paragraph There is a clear defect And the problem must be addressed and I would like to discuss it .
in my view Jordanian legislator was unsuccessful in the formulation of this paragraph Result for two reasons :
the first reason is : The legislator did not clarify what is meant by ( and shall be subject to liability ) which is Contained in this paragraph, He did not specify the nature of this responsibility , Is this a civil or criminal liability , He did not specify the source of this responsibility, is it in accordance with the provisions of this Act or in accordance with the provisions of the General .
The second reason is : Respect to what is stated in the last paragraph C which is provides (if that person knew or should have known that he is infringing upon an industrial design or model protected in accordance with the provisions of this Law ) According to this text Anyone who did not know or was not able to know he is infringing upon an industrial design or model protected under the Jordanian law Does not assume any liability for the owner of the industrial design or model , and This is a contradiction with the general rules, Which stipulates that anything published in the official gazette , it is supposed that it’s in the public knowledge that mean no one can claim that he don’t know such industrial design from the date of publishing it in the OG.
To illustrate this idea I Will make comparison with some of the laws in other countries such as Egypt and the United Arab Emirates As an example .
“It is important to note that the Law on Industrial Designs or models of Jordan did not provide for criminal penalties for acts contrary to the provisions , may be The reason for this, is due to the weak influence of the community acts committed in violation of the provisions of this law, as well as lack of use of this law in Jordan Which states are initiated and imported “.

3- Comparison between Jordanian legislation and legislation to other countries about legal protection of industrial designs and models .
Article 127 from the Egypt law No. 82 of 2002 Pertaining to the Protection of Intellectual Property Rights provides :
)Following the registration of the industrial design or model, the owner thereof shall be entitled to prevent others from manufacturing, selling or importing any products having the shape of such design or model or included therein The right to prevent others from importing, selling or distributing the products referred to shall be exhausted, if the owner markets such products in any country or licensed others to do the same.(
It shall not be considered an infringement to the right, if others use the protected industrial design or model for the following purposes :
.1Scientific research
.2- Education or training
3-Non – commercial activities
4.Manufacturing or selling parts of the aforementioned products, with the aim of product repair in return of equitable compensation
5- Other uses which unreasonably do not contradict with the normal utilization of the protected industrial design or model and do not unreasonably prejudice the legitimate interests of the owner thereof, without any infringement to the interests of others ).
Egyptian legislature was more pronounced Of the Jordanian legislator In this issue , In this aspect , The enumeration of the cases that do not violate the rights of the owner of industrial design or model by The mentioned limited , In contrast to the Jordanian legislator Which used the words (and shall be subject to liability) , the Egyptian legislator Article devoted to the statement of responsibility for actions Which is the violation of the rights of the owner The article number 134, which provides :
(Without prejudice to any severer penalty provided for in any other law, the following shall be penalized with a fine not less than four thousand pounds and not exceeding ten thousand pounds: –
1-Whoever counterfeits a protected industrial design or model whose registration has been effected under the provisions of the law herein.
2-Whoever manufactures, sells, offers for sale, possesses with the intention of trading or circulation, products knowingly having a counterfeited industrial design or model.
3-Whoever unlawfully places on products, advertisements, trademarks certain materials, or other matters, statements leading to falsely believe that such industrial design or model is registered In case of recurrence, an imprisonment term of not less than one month and a fine not less than eight thousand pounds and not exceeding twenty thousand pounds shall apply.
In all cases, the court may decide upon the confiscation of the seized industrial design or model and the products subject of the crime and the tools used in committing the crime. The judgment shall be published, at the expense of the adjudged, in one or more newspaper.
Egyptian legislator Was the handling of text in a manner eliminates any ambiguity or contradiction .

The Federal Law No. ( 31 ) For The Year 2006 Pertaining To The Industrial Regulation And Protection Of Patents, Industrial Drawings, And Designs in UAE in article (51) provides :
Pursuant to this law , the protection of an industrial drawing or design shall afford the applicant the right to prevent any other party from undertaking the following activities:-
1-Use of the industrial drawing or design for manufacturing any product .
2-Importation or acquisition of any product relating to the industrial drawing or design with the intention of using or selling that product .
The said activities shall not be deemed legal just because they have a different scope from that of the industrial drawing or design being protected by the law , or because they relate to a product different from the drawing or the design included in the deed of protection .
Article ( 52) and provides in
If any party started , in bona fide manner , to undertake the activities provided for in the preceding article (51) prior to the submission of the filing application , he shall then be entitled to proceed with such activities in respect of the products already obtained . This shall be deemed a personal right and shall in no circumstances be assigned or transferred to another party in any form , except when associated with the establishment utilizing it.
Conclude from these texts that approach the legislator UAE walked Egyptian legislature To clarify the elements that constitute a violation of the rights of the owner of industrial design , It was more pronounced than in the Jordanian legislator in this topic, And added the legislator UAE New cases talk about any party started in good faith commit act or activities provided for in the preceding article (51) prior to the submission of the filing application , he have to proceed with such activities in respect of the products already obtained And put a restriction on this right That make it a personal right and shall in no circumstances be assigned or transferred to , This means that the person that such activities in good faith can continue with these activities Carried out in good faith prior to the submission of the filing application Even after accepting the application for registration Provided that does not give them up Or give a license for any one to exercise it , except when associated with the establishment utilizing it This addition did not touch her Jordanian or Egyptian legislator , but I think this case Inconsistent with the principle of unfair competition
3- Conclusion
Sift through in the text of Article 10 of the law of Industrial Designs and models of Jordan , And compared with the Egyptian law and the UAE law , relation the industrial design and model , We Discern that the wording of the text by Jordanian legislator In Article 10, particularly in paragraph C Marred by a defect and The apparent contradiction With the general rules which is supposed Knowledge of the law ,in addition to the piece , Did not provide for acts which are not considered an infringement of the exercise The rights granted to the owner of industrial design and model As did the Egyptian legislature for example , Scientific research , Education or training , On the other hand , Did not address the situation that any party started , in bona fide manner , to undertake the activities prior to the submission of the filing application And continue to exercise these activities after accepting the application for registration from the owner of industrial design and model As did the legislator UAE, Provided it does not conflict with the principle of unfair competition
In light of the failure of the Jordanian legislator In the drafting of this article and its vagueness and shortcomings , I believe that This text needs to be amended and re-drafting to include cases which are not considered an infringement of the rights of the owner of industrial design and model , and Defines the legal responsibility clearly Which is the responsibility of the perpetrator of any of the acts of aggression on the right of the owner of industrial design , and also must , To touch by talking about the case law cited by the UAE which relate any party started , in good faith , to undertake the activities prior to the submission of the filing application And continues even after the registration of industrial design and model .
In my view , I think it ought to be changed three paragraphs of Article 10 from the industrial designs and models law of Jordan To become more visible and expression of the content , Through the approach of States that have been identified that are not considered actions infringe on the rights of owner of the industrial design and model , As well as , Identify actions that is committed infringement of the rights of the owner of industrial design in detail , identification of the civil and criminal responsibility that rests with each person who violates the provisions of this law.
I suggested that the text of Article 10 of the Law on Industrial Designs and models of Jordan as follows:
Article 10
A-After the registration of an industrial design or model, the owner shall have The right to prevent others from undertaking the following activities :
1- making or Use the same industrial design or model for the manufacture of any product
2- selling or importing any products having the shape of such design or model or included therein
3- embodying a model which is a copy, or substantially a copy
4- any acts are undertaken for commercial purposes by Using the industrial design or model without the consent of the owner
B- It shall not be considered an infringement to the right, if others use the protected industrial design or model for the following purposes :
1-Scientific research
2-Education or training
3-Non – commercial activities
4.Manufacturing or selling parts of the aforementioned products, with the aim of product repair in return of equitable compensation
5- Other uses which unreasonably do not contradict with the normal utilization of the protected industrial design or model and do not unreasonably prejudice the legitimate interests of the owner thereof, without any infringement to the interests of others .
C- Any person committing any of the acts stated in paragraph (A) of this Article shall be considered committing an act of infringement upon the rights of the owner of the industrial design or model and shall be subject to liability Stipulated in this Law, or in any other law, which criminalizes the acts, and shall exclusion of criminal punishment in the event of proven good faith and sufficient compensation for the damages caused to the owner of an industrial design as a result of the infringement.
Taking into account the re-arranging articles of the law to fit with this proposal .

References
1- Dr. Qais mahafzah lectures delivered orally in the Faculty of Law at the University of Jordan in 2011
2- The Convention on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
3- Free publications of the World Intellectual Property organization
4- Intellectual Property for Business Series LOOKING GOOD Number 2:
5- the Jordanian industrial designs and models law number (14) for the year 2000 .
6- Law No. 82 of 2002 Pertaining to the Protection of Intellectual Property Rights of Egypt .
7- The Federal Law No. ( 31 ) For The Year 2006 Pertaining To The Industrial Regulation And Protection Of Patents, Industrial Drawings, And Designs in UAE.
8- Legal Protection of Industrial Designs Mr. Riichi Ushiki* Patent Attorney USHIKI International Patent Office

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