The Director General of the Customs Department in Jordan, Dr. Khalid Al-Wazani, has called upon the owners of trademarks to provide the department with the denominations of their trademarks. This information would be instrumental in assisting customs in implementing and enforcing the laws governing intellectual property in the country.
The Customs Department is seeking to have lists of registered trademarks along with the names and addresses of the owners with a view to providing legal protection for the business environment and stimulating investment in Jordan. Dr. Al-Wazani added that amendment of the Customs Law No. 20 for the year 1998 was to suppress the violation of intellectual property rights by way of action responsive to the requirements of Jordan’s membership of the International Trade Organization (WTO).
The amendment related in particular to providing the judicial authority with powers to take immediate, provisional measure to prohibit clearance of imported counterfeit goods.
Dr. Al-Wazani said that the law included provisions especially directed to measures to be taken at the borders in order to protect intellectual property rights. Other directions defined the procedures and stipulations for detailed application of the provisions of the law. Such powers of the Customs Department are provided for in Article 41.D of the Borders Directives for the protection of intellectual property.
The said Article stipulates that: "Whereas there are obvious and clear indications of intellectual property rights violation, the director or any other person empowered by him may stop the procedure of clearing suspicious goods, as well as notify the suspected owner in writing within three days to undertake necessary legal measures".
The power of the Customs Department to confiscate was used for seizing ten thousand laser compact disks, which were imported in violation of the provisions of the law. The matter came to the attention of the Customs Director at the airport when he suspected the consignment of compacts disks. Following consultations with experts, the inspector stopped clearance of the goods and reported to the Customs Department. The procedure in such cases is for the inspector to report the act of violation to the dealer who should start a court case and advise the Customs Department of the results within 8 days of the incident. Where the court establishes violation of the dealers rights, other formal procedure are completed by either destroying or re-exporting the consignment of counterfeit goods.
In the event of suspecting that there are counterfeit goods imported into the country in violation of intellectual property rights, such as those in trademarks or copyright, customs measures provide the owner of IP rights with the right to apply to the court in writing to issue an order to the Customs Department to stop the clearance and release procedures of such counterfeit goods.
In such a case, the court should, within three days as from the date of the written petition, issue a decision as to rejecting or accepting the petition. The court should notify the applicant of the decision within a reasonably short period of time.
Dr. Al-Wazani clarified that a suspected importer holds the right to approach the court of appeals and appeal the decision to stop clearance of goods and may demand release of the goods within eight days of notification. The court’s decision in this respect is final.
In the event of receiving a decision by the competent court to stop clearance and release of the goods, the police section in charge of implementing the court decision handles the case by directing the customs office concerned to executing the court’s order. In that case, the goods, in respect of which the court’s decision was issued to stop the clearance and release procedures, shall remain in the customs enclosures and stores.
The suspicious goods shall be released in the event the applicant, who approached the court, did not notify the Customs Department (within eight days of having been notified of the decision to stop the clearance procedures) that a case has been initiated before the competent court while providing evidence to support his claim.
The goods shall also be released in the event the competent court decides to cancel the customs decision relating to halting the clearance and release of the goods procedures. It is noteworthy that the complainant shall be liable to compensate the owners of the goods in the event of not being able to sustain the case. This financial aspect guarantees a serious tackling of the subject. The only exceptions provided for in the law are those which relate to small quantities of goods for personal and non-commercial use, that are carried by passengers, are in small parcels, are in transit, or those goods which were placed in the markets of the exporting country by the IP right owner or under his approval.
Dr. Al-Wazani emphasized the importance of training the Customs Department personnel, who are working at customs offices, on the procedures for handling intellectual property right violations, such as those relating to trademarks and copyright. He called for focusing on technical field training and for devising an appropriate mechanism for co-operation and co-ordination between the Customs Department and the competent authorities in order to achieve sound application of border measures aimed at protecting intellectual property rights.