The research took place to assess the situation of Jordanian legislator from adopted definition to well-known trade mark in (JTML),JTML. The study concluded that the definition used violates the adopted standards for (TRIPS)TRIPS. This main violation will lead to disputes and damages in practical practice. The study recommended Jordan legislator to insert some modification to (JTML)JTML to meet with those standards.
Three articles were amendingamended, responding to the international obligations agreement (TRIPS), that Jordan joined the agreement (TRIPS) on the 1717th of Dec. 1999, where it has an international obligation to modify national laws to fit with the agreement’s provisions, these. These articles were 2, 25 and 37.
Part one: The definition of well-known trademark in (JTML)JTML:
A well-known trademark was defined in article number two2 in (JTML)JTML No. 33 of 1952, and amended in the year 2008 in law number 15, where it enacts: a well-known trademark’“thetrademark: “the mark with a world renown, whose repute surpassed the country of origin where it has been registered, and acquired fame in the relevant sector among the consumer public in the Hashemite Kingdom of Jordan, taking into consideration the regulations issued by the competent minister in this respect and in accordance with the international agreements related to well-known trade mark to which Jordan is a member".
As per the amended law, the following has been added to the definition”definition: "taking into consideration the regulations issued by the competent minister in this respect, and in accordance with the international agreements related to well-known trade mark to which Jordan is a member”.