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THE IMPACT OF TRIPS ON IPRs PROTECTION IN JORDAN, AS A PRIME EXAMPLE OF A DEVELOPING COUNTRY

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  • Mohammad Abdulmahdi Amin Alfaouri

    (Faculty of Law and Political Science, University of Debrecen, Debrecen, Hungary)

Abstract

In the last few decades, the developing countries have witnessed a remarkable increase in the infringement of intellectual property rights thus conventions and treaties were held to reduce these infringements, in particular, the TRIPS Treaty (Trade-Related Aspects of Intellectual Property Rights).This study attempts to explain the causes of intellectual property rights infringements and the efficient means for intellectual property rights protections by taking Jordan as an example. The study finds that TRIPS Treaty, which is the latest international action to enhance the protection level, consumer's ethical attitude, development expenditure, economic policies, weakness of law enforcement, and low-income in developing countries are important factors to explain the level of IP protection. Because of all of these, the infringements became a phenomenon in developing countries that firstly need amendments in their intellectual property laws to apply the criminal sanctions jointly by civil remedies, owing to the fact of the shock value or general deterrence to enhance the commitment to the law and to remit this phenomenon, furthermore, the state will follow up on the cost of prosecution without involving the owners of the rights personally in many cases. On the other hand, literature revealed that the infringements of IPRs became a phenomenon because the TRIPS Treaty prepared for the benefits of the large companies, thus the developing countries' legislation, economic and consumer's ethical attitude got affected negatively. In addition, the developed countries threatened them by sanctions if they didn't make retroactively amendments on their legislation, which also led to prevent them to adopt the necessary measures that mitigate the negative impact on their economic and social life. Regarding the applied research method, this paper used secondary data sources and applied the descriptive and comparative analytical legal approaches to illustrate the most important points and findings on the topic.

Suggested Citation

  • Mohammad Abdulmahdi Amin Alfaouri, 2020. "THE IMPACT OF TRIPS ON IPRs PROTECTION IN JORDAN, AS A PRIME EXAMPLE OF A DEVELOPING COUNTRY," Oradea Journal of Business and Economics, University of Oradea, Faculty of Economics, vol. 5(special), pages 154-162, June.
    • Handle: RePEc:ora:jrojbe:v:5:y:2020:i:special:p:154-162
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    References listed on IDEAS

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    1. Hong Hwang & Jollene Z. Wu & Eden S. H. Yu, 2016. "Innovation, Imitation and Intellectual Property Rights in Developing Countries," Review of Development Economics, Wiley Blackwell, vol. 20(1), pages 138-151, February.
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    3. Lee, Minsoo & Alba, Joseph D. & Park, Donghyun, 2018. "Intellectual property rights, informal economy, and FDI into developing countries," Journal of Policy Modeling, Elsevier, vol. 40(5), pages 1067-1081.
    4. Marron, Donald B & Steel, David G, 2000. "Which Countries Protect Intellectual Property? The Case of Software Piracy," Economic Inquiry, Western Economic Association International, vol. 38(2), pages 159-174, April.
    5. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521525398.
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    More about this item

    Keywords

    TRIPS Treaty; intellectual property rights; infringements; economy.;
    All these keywords.

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • P48 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies

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