International norms and national enforcement of IP: time limits in the context of a right to fair trial in Jordan
Promovendus: Dr. F.A. Massadeh
Promotor: Mw. Prof. A. Firth
Promotie: Newcastle, 10/1/2013
The paper deals with time limits in criminal and civil procedures for the infringement of intellectual property in Jordan and their role as a protector and safeguard of the legitimacy of the judicial process in general and the right of the accused in a fair trial in particular. WTO/TRIPs Art 42 demands fair and equitable procedures in civil actions. TRIPs Art 61 is less detailed as regards the criminal procedures which must be available at least for wilful trademark counterfeiting or copyright piracy on a commercial scale. However, it is argued that these, too, should be fair and equitable and in accord with international human rights norms. Time limits for IP infringements in Jordan are governed not only according to the provisions of substantive intellectual property laws but also the procedural and substantive rules relating to the position of the courts in the Jordanian legal and judicial system. The special structure of time limits in Jordan will be discussed.