وسائل الحماية المدنية لبراءة الاختراع في القانون الأردني : دراسة مقارنة

الملخص EN

The Jordanian legislator, and in the Patent Law No.

(32), of 1999, regulated the provisions concerned with the protection of the patent in terms of protecting the invention and the right of the inventor.

In fact, the invention does not acquire protection except after fulfilling its substantive conditions including the condition of being new and the extent of its industrial applicability as well as the registration as a formal condition for the inventor to obtain a patent certificate.

As for the inventor's right to protection, yet he acquires the same after obtaining a patent certificate while before that, it is just a possible right not being vested with civil rights In fact, the civil protection is either an objective protection through a civil lawsuit to claim compensation for any damages caused to a patent proprietor as a result of committing any illegal act or a precaution action (provisional) represented by ceasing the infringement, imposing the provisional attachment and keeping the evidences related to the infringement.

In fact, the same has been referred to by the legislator in article (33) of the Law.

Hence, the legislator has not vested an objective civil protection to the patent proprietor independently for which the matter should be resorted to the general provisions of the Civil Law and to the illegal competition lawsuit provided for in the Law of the Illegal Competition and Commercial Secrets No.

(15) of 2000.