Intellectual Property and Patent Rights Protection for Innovators in Jordan

Abstract

Inventions do not come in one format, so the right holder varies according to the occasion it reaches them. Only the financial rights are transferred to employers while the moral rights remain in the interest of inventors, as they are among rights closely related to personality and may not be waived with or without compensation. The worker's information, which is mainly associated with the establishment activity, becomes a weapon against employers if it falls into the hands of their competitors. Therefore, this research paper aimed to clarify what is meant by the worker and the employer, then define the invention types that the worker reaches during the implementation of the work contract. The study aims to distinguish labor law from other laws and then clarify the laws regulating the protection of workers’ inventions, their consequences, and what rules apply to it. The study also describes the legal effects that result before and after reaching the invention, as well as the rights and obligations of each party. This study followed the analytical approach of texts to get study results. Results showed that there are differences in the trademarks granted to foreign students, which necessitate attention in the applications granted to resident Jordanians and showed that there are differences for patents granted to foreign applications. Results also showed that Jordanian legislator came with a ruling that differs from what was stated in the Saudi law and the Omani patent law because the provisions of the Jordanian law talked about the case of accidental inventions and free inventions only. The study recommended adding some items to laws and legislations to be enforced in Jordan and deleting some texts and phrases that harm inventors. The study also recommends necessity to amend the text of article (22/b) of Jordanian labor law by deleting the phrase (unless otherwise agreed in writing) and replacing it with the phrase (and any agreement to the contrary is considered void).