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Title: The Fair Trial Procedure for Intellectual Property in Light of TRIPS Provisions: An Analytical Study of Jordan and The UK
Authors: Massadeh, Firas
Alkrisheh, Mohammad
Keywords: WTO;Common Law System;Civil Law System;TRIPS;Constitutional Reform Act, 2010;Copyright;Designs and Patents Act, 1988;ECtHR;Criminal enforcement;Procedural safeguards
Issue Date: Nov-2017
Publisher: NISCAIR-CSIR, India
Abstract: This study analyses the elements of a fair trial in the context of IP proceedings, comparing between procedural safeguards available in Jordan and the UK (especially England and Wales). Obligations between states at the international and regional level are analysed, along with their implications at the national level in the UK and Jordan, linked to the EU through the Euro-Med Association Agreement with Jordan. The international human rights instruments provide a common framework in accordance with TRIPS provisions interpreted could bridge the gaps that may arise between the British and Jordanian Jurisdictions. The study uses doctrinal comparative and qualitative methods to examine these issues and also the relation between criminal and other methods of enforcement - civil and administrative. Use of criminal procedures may significantly reduce the costs of lengthy civil litigation, and be in the public interest and the interest of all parties. Finally, recommendations are made for Jordan mainly.
Page(s): 320-328
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.22(6) [November 2017]

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