The crime of counterfeiting or imitating a trademark under Jordanian trademarks law

Abstract This paper critically analyzes the crime of counterfeiting or imitating trademarks under Article 37/1/a of the Jordanian Trademarks Law No. 33 of 1952 and its amendments. Recognizing a significant gap in the alignment of Jordanian trademark laws with international standards, the study aims to evaluate the effectiveness of current legislation in protecting trademark owners' rights and consumer interests. The importance of this research lies in the escalating instances of trademark infringement, which undermine consumer trust, hinder economic growth, and affect Jordan's compliance with international treaties. Employing descriptive, analytical, and comparative methodologies, the paper examines the material, moral, and subjective elements of the crime, explores jurisprudential and judicial debates on criminal intent, and compares Jordanian legal provisions with those of other jurisdictions. The study shows that, while Jordanian law prohibits the counterfeit of marks, it does not specifically protect well‐known marks, and it is inconsistent in the presumption of intention to commit a crime. Moreover, the sentence for attempted trademark infringement does not align with the general principles of Jordanian criminal law. The study recommends that the Jordanian system should consider legislative improvements to ensure stronger protection for trademarks in Jordan. It will also advise to amend Article 37 to set provision for well‐known trademarks and more delimitative provisions on criminal intent to conform to the dowry of presumption of innocence, enhance deterrent in penalties, and to be in line with penalty slow down to the international law practice. This paper seeks to address these gaps, contribute to the debate about the purpose of intellectual property rights, and provide suggestions for policymakers who are looking towards enhancing legislative protection from trademark infringement to promote increased economic stability and consumer safety.