The topic of interest in intellectual production is not considered to be recent, but rather is ancient to eternity. The need for intellectual property has existed since mankind knew writing, and its importance increased after the discovery of printing, and the extent of the international need for it emerged after the French Revolution and the accompanying innovations and technological inventions, which led to an increase in interest. On the part of countries with intellectual property, in its literary, artistic and industrial aspects, which created an urgent necessity to achieve the necessary protection for intellectual property and to find mechanisms to carry out this task, whether at the national or international level. Ownership is defined in its traditional sense as a right in rem responding to a material object, whether movable or real, except The industrial and technological development has affected the social balance
And general concepts, including legal concepts, and thus the concept of property became not limited to being rights in kind. Here a new pattern of ownership appeared, known as intellectual property, which is the right of a person to exploit his intellectual production.
The importance of intellectual property lies in the various areas of investment as many of these Investments contain one or more forms of intellectual property rights, and therefore if the protection system is weak, this will lead to a high possibility of counterfeiting and infringement of intellectual property rights, which makes these countries less attractive for investment in a time when the economy has become linked to all the inputs of globalization, and the disparity between Countries in owning intellectual rights have divided states into groups in the field of progress and backwardness
There are developed countries, others under development, and backward third countries. Indeed, determining the state’s power has become dependent on the amount of intellectual rights it possesses. The difference in the possession of these rights between countries results in a severe variation in the degree of production, its quality, the level of national income, as well as the standard of living of the individual, in addition to the fact that the state’s voice in international forums is getting louder and higher as it possesses a greater amount of these rights, and it is no secret that the global conflict in our days It is a race towards scientific progress, and the spread of science, knowledge and experience in man has led to the creation of the ability to innovate and innovate, so he invented machines and devices, as well as masterpieces of literature, art and music, which put the world in front of a real revolution whose result was to possess mankind during the second half of this century as tremendously. Of science, knowledge, innovations, innovations and ideas that have been exploited and invested in industrial, commercial and agricultural production alike. From the foregoing, we realize the depth of the need to deepen awareness and general awareness of what intellectual property is and its fundamentals, which constitute the main legal system that protects this new economy and its values, as it is one of the most important issues that accompanied the development of the modern world, and keeping pace with the development of life in its various aspects.
The concept of intellectual property:
The definition of intellectual property was not uniform, there are those who defined it as the sum of the rights that relate to any mental production or work carried out by the creator in the various fields of intellectual innovation for which the legislature recognized legal protection according to specific conditions. Intellectual property is a general term that includes literary, artistic and industrial property, and it is not related to the realization of an action, but rather that it is conceived in a material way. It is also known with all its money related to the creations of the human mind, such as inventions, literary and artistic works, logos, symbols and drawings used in trade, and some definitions classify both computer software and chemical formulations for a new drug (drug). It is also a direct authority that the law gives to a person over all the products of his mind and thinking and enables him to benefit from the financial returns to which these ideas are received for a legally specified period without dispute or objection by anyone
The term intellectual property refers to all the ideas produced by the human mind, which are translated into tangible things, and include all rights resulting from a person’s intellectual activity, and these rights also entitle the owner to the power to exploit his mental or intellectual product and attribute it to him, and obtain his fruits Therefore, it gives him the right of temporary exclusivity, and he has the right to stand against any illegal exploitation of it by unauthorized parties. It is evident from the previous and other definitions that it focuses on the intangible idea of intellectual property as it focuses on non-material things and has an intangible space, as well as in order to distinguish it from material property known in civil law. Most of the definitions did not define intellectual property, but rather defined the rights under the idea of intellectual property, such as the definition of copyright, the definition of a patent, the definition of designs, etc.
Origins of intellectual property:
From the beginning of eternity and since the emergence of man, everything that he dealt with, thought and invented was from the queen of his mind, beginning with engraving and drawing on stone and making clothes from animal skin to protect him from the heat and cold weather, and his invention of the arrow and ax, as well as his attempt to speak and his creation of languages for dialogue, over the ages his requirements increased In proportion to his understanding and need, ancient civilizations knew many of the basic concepts associated with intellectual property, although this term was not common in ancient times, the principle was in place because everything that man invented and invented is considered the queen of his thought and he has the right to benefit from his returns Materialism as well as his right to attribute what he has created to his person, and from him you also see that this property necessitated the need to enact laws to protect it like other monarchies, and ancient civilizations sought to do so.
Sections of intellectual property:
Industrial and commercial intellectual property:
It is one of the important sections in intellectual property and it responds to a legal transfer or patent, industrial designs and models, factory marks, trademarks, service marks, trade name and commercial place, and we will come to define each of these sections:
Patents: It is any creative idea that the inventor comes up with in any of the technical fields and is related to a product or method of manufacture, or both, that practically leads to solving a specific problem in any of the fields.
Industrial models: they mean every shape, mold, or structure used to manufacture goods and goods in a way that gives them a special appearance that distinguishes them from others, as is the case in the manufacture of shoe molds, car frames, perfume bottles, etc.
Industrial fees: it refers to every arrangement and coordination of lines in a specific and innovative way that gives goods and goods a beautiful and attractive luster that attracts the attention of the consumer, as is the case with fees for textiles, carpets, ceramics and so on, regardless of how these fees are placed on goods or goods, so each of the industrial models and drawings is part The products and goods are inseparable and therefore cannot be separated from each other. The aim of them is to promote products and goods and thus help in their spread and marketing.
Trademark: The trademark is one of the important industrial property departments and it means every distinctive physical sign that the manufacturer, trader or service provider takes to distinguish his industry, goods or services from their counterparts . From consumers.
Trade name and commercial address: Mr. Hassan Al-Fakhani defines the commercial address as “the name that the merchant gives to his store in order to distinguish it from other stores similar or similar to him.” A trademark is used to distinguish products or goods from others, and it is not a synthetic part of the product compared to the industrial drawing and model, while the trade name is used to distinguish the merchant from others, as it is far from the commodity in itself.
Literary and artistic intellectual property: also known as copyright and related rights.
Copyright: Copyright is a legal meaning that describes the rights granted to creators for their literary and artistic works. This right is divided into two types: moral and ethical rights and financial rights:
Intangible rights: It means the creator’s right to object to any behavior that harms the work or harms the creator’s reputation, including modification, distortion or distortion.
Financial rights: they include the right to reproduce, borrow, and translate, broadcast, public recitation, performance, public display, distribution, and others.
Neighboring rights: are granted to performers, producers of sound recordings, and radio and television organizations in what is presented on the air programs, and if copyright is granted to authors, then neighboring rights belong to other categories that contributed to bringing the works of authors into existence by expressing them in various means.
1) What is intellectual property in Jordan?
Intellectual property is an intangible asset and is defined as any property created by thought, and it is something unique. Includes (products and processes), copyright ownership, literary and artistic works including performing arts (music and films), industrial property (patents, trademarks and industrial designs) and geographical indications.
Property rights are defined as the ability of individuals to own, buy, sell, and use their intellectual property in the marketplace.
In Jordan, intellectual property is protected through various legislative laws, including the copyright law, the trademark law, the patent law, and the industrial designs and industrial designs law. Copyright is registered with the National Library, while trademarks, industrial designs and drawings are registered with the Industrial Property Protection Directorate at the Ministry of Industry and Trade. Patents and trademarks are registered on the basis that priority is given to the right to take precedence, and therefore you should consider applying for trademark and patent protection even before you sell your products or services.
In order to manage your intellectual property effectively, you must register it in Jordan. Protecting your intellectual property through registration provides the necessary legal basis to protect your ideas and ensure that others pay you for their use of those ideas. You can apply for registration yourself, or use the services or advice of a lawyer or advisor who specializes in intellectual property.
2 – Copyrights
Copyright protects expression of an idea, not the idea itself. Your work has to be physically present, otherwise you cannot obtain copyright protection.
Copyright protects creative works such as literary works, pictures, films, or programs. Related rights include the rights of theater artists, rights of television and radio broadcasters, rights of program actions, and rights of film producers.
Jordanian Copyright Law No. 22 and its amendments guarantee protection of the rights of Jordanian writers and creators. Article (3), Paragraph (B) of the Law defines protected works as follows:
Books, brochures, and other written materials.
Works presented orally, such as lectures, speeches, and sermons.
Theatrical works, lyrics, musicals, and pantomime.
Musical works, whether written with musical signs or not, and whether or not accompanied by words.
Cinematic and audiovisual broadcasting works.
Painting, photography, sculpture, architecture, applied and decorative arts.
Illustrations, maps, designs, blueprints, and 3D works related to geography and topography.
Computer programs, whether in source language or machine language.
You do not have to register your material to obtain copyright, however, registration is required if you decide to file a claim for copyright infringement.
Jordan has signed and ratified the agreements and treaties on copyright, such as the Berne Convention, the World Intellectual Property Organization (WIPO) Treaty, and Trade in Intellectual Property Rights (TRIPS) and the Arab Agreement for the Protection of Copyrights.
A patent registers your invention and provides you with the legal right to take legal action against anyone who manufactures, uses, sells or imports your invention without your permission. You can patent an invention if your invention is new and innovative – not just an apparent modification of something that already exists – and something that can be made or used – tangible.
In Jordan, patents are registered with the Intellectual Property Protection Directorate (IPPD) at the Ministry of Industry and Trade
4 – Trademark
A brand is something that makes your brand known, such as a logo or brand name. You can register a trademark by protecting it from other people who may use it without your permission. A trademark registered in Jordan is valid in Jordan only.
Company names and domain names are not trademarks automatically, but once you register your company or domain name you can register them as trademarks.
Once you do this, you may be able to register the company or domain name as trademarks.