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Jordan Constitutional Court Annuls Article (11) Paragraph (C) of the Trade Names Law

26-Nov-2013 | Source : AG-IP News | Visits : 6606
Special to ag-IP-news Agency

AMMAN - Jordan Constitutional Court stipulated the unconstitutionality of Article (11), Paragraph (C) of the Trade Names Law No. (9) of the year 2006.

Following the Court’s decision, “the two disputed parties would have the right to appeal the decision of the trade name’s registrar before the High Court of Justice, whether the decision was issued by the registrar to cancel the trade name or to reject its cancellation.” The right of appeal in the decision to reject the cancellation was not preserved before this decision.

Since the cancellation of a trade name requires the presence of the two parties: the applicant of the cancellation action, and the owner of the trade name in question. In addition, it’s supposed that an administrative decision be issued in this regard to either: accept the request of cancellation – so the holder of the trade name loses, or reject the cancellation request – in this case the applicant for cancellation loses. Therefore, each party would be granted equal  legal and judicial means to defend their claims before the same judicial authority.

However, Article (11), Paragraph (C) of the Trade Names Law No. (9) of the year 2006 didn’t equally grant both parties the  right to appeal the Trade Name Registrar’s decision before the competent  administrative court , and only granted the right to appeal before the High Court of Justice to the “holder of the trade name in question” and deprived the other party  from such a right. Therefore, and according to the Constitutional Court, the article violates principle of equality which is guaranteed by article 6\1 of the Constitution and leads to the deprivation of right of one party to refer the dispute to the Administrative court. 

Therefore, the Constitutional Court decided the unconstitutionality of Article (11), Paragraph (C) of the Trade Names Law No. (9) of the year 2006 and announced its annulment as of the date of the issuance of this decision .

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