(1) Injunctions Intellectual property laws provide for provisional as well as permanent remedies against infringement. For provisional measures see the answer to the appropriate question below. (2) Damages, including recovery of profits, and expenses, including attorney's fees (a) General provisions As a general rule, civil infringement of intellectual property rights, misuse of a trade secret, and acts of unfair competition are characterized as torts. As such they are subject to the following provisions: Article (48): Whoever shall be subject to unlawful assault in respect of any right which attaches to his person shall be entitled to apply for the abatement of that assault together with compensation for any damage he may have suffered. Article (49): Whoever is disputed by others in the use of his name or surname or both without justification and whoever suffers usurpation of his name or surname or both without legal ground, shall be entitled to apply for the abatement for that assault together with compensation for any damage he may have suffered. Article (66): 1. Liability for damage shall be due from the person who exercises his right unlawfully. 2. The exercise of the right shall be unlawful: i. if there is intent to aggress; ii. if the interest to be achieved from the act is unlawful; iii. if the benefit therefrom is disproportionate with the damage inflicted on others; iv. if it exceeds custom and usage. Article (256): Every injurious act shall render the person who commits it liable for damages even if he is a non-discerning person. Article (257): 1. The injurious act may be direct or causative; 2. And if it is direct the damages shall be due unconditionally and if it is causative it shall be subject to the proof of trespass or intent or that the act led to the injury. Article (258): If the person who commits the act and the person who causes it are present responsibility shall attach to the former. Article (259): If any person deceives another he shall be liable for the damages resulting from that deceit. Article (263): 1. The act shall be attached to the person who commits it and not the person who orders it unless he is under duress provided that the material duress in actual disposition shall solely be the obligation duress. 2. And yet a public official shall not be responsible for his act causing damage to others if the commits it in compliance with an order from his supervisor when compliance with such order was obligatory or he believed that it was obligatory and he proves that he believed that the act he committed was lawful and his belief was based on reasonable grounds and that in committing that act he excised diligence and care. Article (266): Damages shall in all cases be estimated by the amount of the damage inflicted on the injured person and his loss of profit provided that the same shall be the natural result of the injurious act. Article (267): 1. The right to damages shall also include moral damage, so any trespass on another's liberty, honour, reputation, social status or financial standing shall render the person who commits the trespass liable for damages. 2. And damages may be awarded to spouses and close relatives in the family for the moral damage inflicted upon them by the death of the injured. 3. And liability for damages for moral damage shall not devolve upon others unless their amount is defined by virtue of a contract or a final judicial decision. Article (268): If the Court cannot finally decide the extent of damages it may preserve for the injured person the right to apply for reconsideration of the estimation within a limited period of time. Article (269): 1. Damages may be subject to payment by instalments and they may be a fixed income and in these two cases the debtor may be obliged to provide a guarantee for an amount estimated by the court. And damages shall be estimated in money but the court may subject to the circumstances and on the application of the injured person order restoration to the former position or decree by way of damages the execution of a certain matter attached to the injurious act. Moreover, and as a general rule, the Code of Civil Procedure provides that, along with the final decision, the court shall decide to compensate the litigant in favour of which the verdict was issued, for the fees and expenses of the lawsuit and the procedures through it. The Court may also decide during the course of the lawsuit, the expenses of any specific petitions or session when requested by any of the parties without prejudice to any decision that might be issued later on with regard to expenses. Compensation for fees and expenses of a counter-claim shall be decided in the same way it is decided in an original claim. In addition to fees and expenses of different kinds, the court may decide on compensation for fees of the attorney from the litigant against whom the decision was issued. (b) Specific provisions (i) Copyright Law The Copyright Law provides that "where any of the rights conferred on the author in relation to his work under this Law have been infringed, the author shall be entitled to fair compensation. In calculating the amount of the compensation, the author's cultural standing, the literary, scientific or artistic value of his work, and the profit made by the person committing the infringement through exploitation of the work would all be taken into consideration. The compensation awarded to the author shall be deemed a privileged debt over the net sale price of the articles used in the infringement, and over the amounts seized for action. The court may also decide, upon the request of the ruled for party, to publish its judgement in one or more daily or weekly newspapers at the expense of the losing party. (ii) Trademark Law The owner of an unregistered mark cannot claim damages in Jordan except for a well-known mark which is used in Jordan. The other intellectual property laws do not have specific provisions for damages. (3) Destruction or other disposal of infringing goods and materials/implements for their production; and other remedies (a) Copyright Law The Copyright Law provides that the court may, upon a petition by the rightholder, or any heirs thereof, or successors in title, which can be filed before, upon, or after filing the lawsuit, take any of the following measures, with respect to any work in which the copyright or any of the rights stated in Article (23) of this law have been infringed, provided that the petition contains a detailed and comprehensive description of the work: - cease the infringement upon a work or any part thereof; - seize the work, copies and photocopies thereof, as well as the materials used in reproducing it, provided that such are not useful for any other purpose; - impound the revenues derived from exploiting a work that has been published through public performance. Moreover, under the Copyright Law, the court may, at the request of the author or any successors thereof, order the destruction of the copies or reproductions of the work that has been published unlawfully, and also of the material used in the publication thereof provided that the said equipment is not fit for any other use. The Court may also, as an alternative to the destruction thereof, order the features of the copies, reproductions, and equipment to be altered, or order them to be rendered unfit for use. The Court may also order the confiscation and sale of the copies or reproductions of the work and of the material used for the reproduction thereof, as a means of providing fair compensation to the prejudiced author as an alternative to the destruction of the said copies and reproductions, the alteration of the features thereof or the destruction of the said material. The court may order that any work that has been the subject of a copyright infringement be restored to its previous state by modification, deletion or any other means. (b) The Trademark Law, the Patent Law, the Industrial Designs Law, the Integrated Circuits Law, the Unfair Competition and Trade Secrets Law, and the Geographical Indications Law The rightholder, before, upon, or after filing a suit for an infringement of any of the above rights, may petition the court for the following, provided that the petition is attached with a bank guaranty or a cash deposit accepted by the court: - cease the infringement; - place a provisional seizure on the products subject to infringement wherever found; - preserve the evidence related to the infringement; - order the seizure of the products, tools, and main materials used in manufacturing the infringing product, or used in the infringement, or resulting therefrom. The court may also order destruction of such products, tools and materials, or use of such outside the channels of commerce.