Criminal enforcement of intellectual property and its effect on human right (analytical comparative examination of TRIPs and human rights):a UK and Jordan case-study

Resumen

The aims of substantive intellectual property laws and a balance between interested parties can only be achieved through appropriate procedures. Most miscarriages of justice occur procedurally. However the literature on the role of criminal IP procedures is comprehensively slight. The thesis, by a former judge assistant at both the Court of First Instance and the Court of Appeal in Irbid, Jordan, tackles issues related to enforcement of intellectual property rights and their connection to human rights. It considers the rights of the immediate parties involved, third parties, and the general public interest. It examines the role of Euro-Med Association Agreements in general and that between the EU, its member states and Jordan relevant to intellectual property and human rights. Despite the narrow interpretation of WTO/TRIPs by some commentators, it is argued that TRIPs requires that criminal as well as civil procedures be fair and equitable. The elements of a fair trial are analysed in the context of IP proceedings, comparisons being made between procedural safeguards available in Jordan and the UK (especially England and Wales) jurisdictions which have historical ties. Obligations between states at the international and regional level are analysed, along with their implications at the national level in the UK and Jordan, linked to the EU through the Euro-Med Association Agreement with Jordan. The international human rights instruments provide a common framework in accordance with TRIPs provisions interpreted could bridge the gaps that may arise between the British and Jordanian Jurisdictions. The thesis uses doctrinal comparative and qualitative methods to examine these issues and also the relation between criminal and other methods of enforcement - civil and administrative. Use of criminal procedures may significantly reduce the costs of lengthy civil litigation, and be in the public interest and the interest of all parties. Finally, recommendations are made for Jordan mainly.