JORDAN
Since April 1992, last amended in March 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 22/1992 last amended by Law No. 9/2005 on Copyright Protection
(قانون رقم 22 قرار لسنة 1992 بخصوص حماية حق المؤلف (المعدل بالقانون رقم 9 لسنة 2005))
(قانون رقم 22 قرار لسنة 1992 بخصوص حماية حق المؤلف (المعدل بالقانون رقم 9 لسنة 2005))
Jordan has a copyright regime under Law No. 22/1992, which was last amended by Law No. 9/2005 on Copyright Protection. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 17 lists the exceptions, which include presenting for educational purposes; employing the work for private personal use; relying on the work for illustration in education; among others
Coverage Horizontal
JORDAN
Reported in 2021, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Although Jordan has made strides in providing more comprehensive protection of intellectual property (IP) rights, significant challenges regarding IP protection and enforcement continue to persist. Reports indicate that both physical and online copyright infringement remain widespread, with a notable proportion of videos and software sold in the marketplace being pirated. Many retail outlets openly sell television set-top boxes that facilitate access to pirated content. The National Library, as the leading IP authority in Jordan, has acknowledged difficulties in combating these infringements, citing a lack of adequate resources.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210928215720/https://www.privacyshield.gov/article?id=Jordan-Protecting-Intellectual-Property
- https://web.archive.org/web/20240330123614/https://ustr.gov/sites/default/files/2024%20NTE%20Report_1.pdf
- https://web.archive.org/web/20230802173151/https://www.wipo.int/wipolex/en/legislation/details/15109
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JORDAN
Since April 2004
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Jordan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
JORDAN
Since May 2004
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Jordan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
JORDAN
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law No. 15/2000 on Trade Secrets and Unfair Competition Law
(قانون المنافسة غير المشروعة والأسرار التجارية رقم 15 لسنة 2000)
(قانون المنافسة غير المشروعة والأسرار التجارية رقم 15 لسنة 2000)
Jordan has established a legal framework that effectively safeguards trade secrets through Law No. 15/2000 on Trade Secrets and Unfair Competition. Arts. 5 to 7 of this Law delineate fundamental principles concerning the protection of trade secrets. Art. 5 affirms the rights of individuals who lawfully control trade secrets, enabling them to disclose, utilise, and protect these secrets from any form of misuse. Art. 6 characterises the misappropriation of trade secrets as the unauthorised acquisition, use, or disclosure of such secrets in contravention of fair commercial practices. This provision specifies particular violations, including breaches of contract and inducements to violate trust, while clarifying that individual access or reverse engineering does not amount to misuse. Finally, Art. 7 empowers the lawful controller of trade secrets to seek compensation for damages resulting from misuse and to initiate legal actions aimed at halting misuse, seizing misappropriated items, and preserving relevant evidence.
Coverage Horizontal
JORDAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Jordan to deliver telecom services to end users. Passive sharing is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
JORDAN
Reported in 2015, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The telecom sector is dominated by three major players: JTG (Orange Jordan), Zain Jordan, and Umniah. The incumbent carrier JTG was privatised in 2000 and made an initial public offering in 2002, with France Telecom acquiring a majority share in 2006. Currently, the company is majority-owned by France Telecom, operating as Orange Jordan, while the Jordanian government maintains a 29% stake through the Social Security Corporation.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240305090535/https://www.wto.org/english/tratop_e/tpr_e/s446_e.pdf
- https://web.archive.org/web/20240318021450/https://orange.jo/sites/default/files/documents/orange-annual-report-2020-en.pdf
- https://web.archive.org/web/20240318021322/https://orange.jo/sites/default/files/documents/orange-annual-report-2022.pdf
- https://web.archive.org/web/20171107163755/https://oxfordbusinessgroup.com/overview/dynamic-market-private-sector-ambitions-rising-internet-penetration-and-shift-4g-are-tran-0
- https://web.archive.org/web/20221002195551/https://www.ssc.gov.jo/en/about-the-corporation/
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JORDAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.72%
Coverage rate of zero-tariffs on ICT goods (%)
56.77%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
CHINA
Since 2004
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
China has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
CHINA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
China has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
CHINA
Since April 2009, entry into force in October 2009
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Postal Law of the People's Republic of China (中华人民共和国邮政法)
According to Art. 51 of the Postal Law of the People's Republic of China, a specific license is needed for express delivery business. It is reported that the administrative licensing for express delivery services is non-transparent and burdensome, preventing competition. It is reported that as companies are required to apply to each city where there is a postal administration department, they need to go through at least 350 review and approval processes if they want to operate at the national level.
Coverage Express delivery services
Sources
- https://web.archive.org/web/20170915200941/https://www.europeanchamber.com.cn/en/publications-archive/374/Logistics_Position_Paper_2015_2016
- https://web.archive.org/web/20191203041332/http://www.asianlii.org/cn/legis/cen/laws/plotproc367/
- https://web.archive.org/web/20220320062912/http://www.gov.cn/flfg/2009-04/24/content_1295123.htm
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CHINA
Since August 2018, entry into force in January 2019
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
E-Commerce Law of the People’s Republic of China (中华人民国电子商务法)
China's first comprehensive legislation regulating e-commerce came into effect in January 2019. According to Art. 9, the law applies to all "e-commerce operators," including all individuals and legal entities selling goods and/or providing services on the Internet or other information networks. This includes operators of e-commerce platforms, sellers of goods and services on the e-commerce platforms of others, and those who operate their own websites or through other network services. The law is reported to extend to non-traditional shopping channels, including social media and messaging services, such as WeChat, and streaming sites, such as Douyin. According to Arts. 10-14, all e-commerce operators are obliged to obtain business licenses, register with the tax authorities, and ensure that information on their business and administrative licenses related to their business services is displayed online in a readable form at all times.
Coverage E-Commerce sector
Sources
- https://web.archive.org/web/20210917141914/https://www.deacons.com/news-and-insights/publications/china-passes-new-e-commerce-law-a-safe-harbour-with-chinese-characteristics.html
- https://web.archive.org/web/20220313050215/https://ipkey.eu/sites/default/files/documents/resources/PRC_E-Commerce_Law.pdf
CHINA
Reported in 2020, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Discrimination of foreign payment services
In 2012, a WTO dispute was initiated concerning China's rules governing access to its domestic electronic payments market, which were deemed to unfairly disadvantage foreign credit and debit card issuers. While China stated that it would evaluate the ruling, it has been slow to revise its market-access regulations. Currently, China UnionPay Co. holds a near monopoly on processing yuan-denominated payments, bolstered by its close ties with the Central Bank, which has acted against emerging competitors in a manner that appears to favour UnionPay.
In 2020, Mastercard received approval from the People's Bank of China (PBOC) to begin preparations for establishing a bank card clearing institution in the country, including a joint venture with NetsUnion Clearing Corp., an online payment clearing house with PBOC stakeholders. Similarly, American Express secured preliminary approval in 2018 to undertake clearing services for credit card payments in China, with its application to process domestic payments through a joint venture with LianLian Group accepted in January 2020.
These approvals were part of the US-China phase one trade deal initiated in January 2020, which required Beijing to process applications from payment firms in a timely manner. Specifically, applications to become bank card clearing houses had to be accepted within five business days, with a response required within 90 days. However, this deal expired in December 2021, leaving the future of foreign payment processors in China uncertain.
Despite this situation, in July 2023, Alipay, China’s largest payment app operated by Ant Group, announced that foreign users can now link cards issued by Visa, Mastercard, Diners Club, and Discover to their digital wallets.
In 2020, Mastercard received approval from the People's Bank of China (PBOC) to begin preparations for establishing a bank card clearing institution in the country, including a joint venture with NetsUnion Clearing Corp., an online payment clearing house with PBOC stakeholders. Similarly, American Express secured preliminary approval in 2018 to undertake clearing services for credit card payments in China, with its application to process domestic payments through a joint venture with LianLian Group accepted in January 2020.
These approvals were part of the US-China phase one trade deal initiated in January 2020, which required Beijing to process applications from payment firms in a timely manner. Specifically, applications to become bank card clearing houses had to be accepted within five business days, with a response required within 90 days. However, this deal expired in December 2021, leaving the future of foreign payment processors in China uncertain.
Despite this situation, in July 2023, Alipay, China’s largest payment app operated by Ant Group, announced that foreign users can now link cards issued by Visa, Mastercard, Diners Club, and Discover to their digital wallets.
Coverage Payment services
Sources
- https://web.archive.org/web/20230801153944/http://www.wsj.com/articles/china-to-open-domestic-bank-card-clearing-to-private-investors-1414582842
- https://web.archive.org/web/20231001002135/https://edition.cnn.com/2023/07/21/tech/china-alipay-wechat-pay-international-credit-cards-intl-hnk/index.html
- https://web.archive.org/web/20231129185954/https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB%20China.pdf
- https://web.archive.org/web/20221203130134/https://techcrunch.com/2020/02/11/mastercard-given-approval-to-prepare-for-entry-into-chinas-payments-market/
- https://web.archive.org/web/20211001060547/https://www.piie.com/research/piie-charts/us-china-phase-one-tracker-chinas-purchases-us-goods
- https://web.archive.org/web/20230130083017/http://www.gov.cn/zhengce/2018-03/22/content_5276487.htm
- https://web.archive.org/web/20231221175254/https://ustr.gov/sites/default/files/files/agreements/phase%20one%20agreement/Economic_And_Trade_Agreement_Between_The_United_States_And_China_Text.pdf
- https://web.archive.org/web/20230203144526/https://www.scmp.com/economy/china-economy/article/3162111/us-china-relations-beijing-washington-reach-trade-talk
- https://web.archive.org/web/20220102154827/https://www.bloomberg.com/news/articles/2020-01-11/china-pension-fund-looks-abroad-for-investment-opportunities
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CHINA
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Limited de minimis threshold
According to Art. 45 of the Regulations of the People's Republic of China on Import and Export Duties (中华人民共和国进出口关税条例), goods within a single consignment, for which the estimated duties do not exceed 50 Yuan (approx. USD 7.5) shall be exempt from duties. In addition, it is reported that China Customs also applies a dedicated e-commerce clearance channel with a goods value de minimis of 5,000 RMB (approx. 700 USD), subject to meeting certain conditions, such as prior carrier and platform registration. Use of this channel is limited to an annual cap of RMB 26,000 (approx. USD 3,600).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240313090038/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20240224235121/https://mag.wcoomd.org/magazine/wco-news-84/cross-border-e-commerce-in-china/
- https://web.archive.org/web/20221208154052/https://www.gov.cn/gongbao/content/2017/content_5219152.htm
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
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CHINA
Since August 2021, entry into force in November 2021
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Personal Information Protection Law (个人信息保护法)
According to Art. 53 of the Personal Information Protection Law, personal information processors outside the territory of the People's Republic of China, as specified in Art. 3, shall set up specialised agencies or designate representatives within the territory of the People's Republic of China to be responsible for handling personal information protection related matters, and shall submit the names, contact information, and other information of the agencies and representatives to the departments with personal information protection duties.
Coverage Horizontal