Research Student: Shatha Shannag
A Comparative Analysis of Trade Mark Dilution in Jordan, EU and USA
Jordan joined the World Trade Organization (WTO) in 2000. Subsequently, Jordan modified its Trade Mark Law in order to comply with the requirements of the accession. As a consequence, the language of the Jordanian Trade Mark Law mirrors the wording of the Trade-Related Aspects of Intellectual Property (TRIPS Agreement). This new era of Jordan’s legislative amendments resulted in the introduction of dilution protection for well-known trade marks in Jordan, which came in through the 1999 amendments.
The thesis will examine dilution doctrine in Jordan’s Trade Mark law. Studying the dilution doctrine is crucial for the benefit of the Jordanian legal system resulting in a more developed Trade Mark law. The thesis argues that although the doctrine of dilution cannot be abolished, yet it should not only be used in favor of well-known marks over Jordanian well-known marks. This extra protection should be triggered in crucial circumstances, in addition, raising the conditions when determining a well-known mark for the owner to fulfil. Hence, the thesis proposes reforming the Jordanian Trade Mark law.
This will be undertaken by, firstly, studying the history and the development of the doctrine of dilution. Secondly, the research will analyze the impact of the dilution doctrine on the social and economic development needs for Jordan. Thirdly, cases relating to the effectiveness of the judicial courts in dealing with dilution will be assessed. Fourthly, a comparative study is necessary for the development of the Jordanian Trade Mark law; hence, the thesis will look into two jurisdictions namely the EU and USA.