Trademark cancellation in terms of commercial and administrative law: A comparison of the UAE and Jordan
Sep 20, 2020
DOI: 10.1504/IJEBR.2020.110420
Published in: International Journal of Economics and Business Research (Scopus)
Publisher: International Journal of Economics and Business Research )
This paper concerns the method of judicial review in the dismissal of a trademark, from a procedural judicial perspective. The research examines the impact procedural laws can have on substantive laws, in terms of the influence of commercial litigation and civil procedures on one hand, and administrative law procedures on the other, regarding the potential outcomes for dismissing a trademark. In the UAE's unified legal system, the civil/commercial courts review decisions to register trademarks, while in Jordan's dual legal system it is the administrative courts, which do so. This paper investigates if this difference plays any role in cancelling trademarks, and whether it has any subsequent impact on investment and commerce.