Protection of works of art and works of applied art in Jordan: a comparative study
Qais Ali Mahafzah, Bernadette Hanna Numan · Journal of Intellectual Property Law & Practice · 2016
Creators anywhere in the world are free to develop artistic creations and to look for new, attractive or unusual works of art; this all comes within the limitations of their own creativity and imagination.1 Artistic creations have become an essential part of the manufacturing process, by incorporating them in utilitarian, useful articles (products) in order to give the products an attractive, special look to the potential consumer’s eye. Difficulties arise when creators seek to protect their works of art or works of applied art, which are artistic, and incorporated within useful or utilitarian articles. The question that arises in this context is what protection will be afforded to these works. In Jordan, the relevant pieces of legislation enacted (and subsequently amended) for that purpose are the Industrial Designs and Industrial Models Law2 and the Copyright and Related Rights Law.3 However, neither of those laws was designed in an appropriate manner to achieve the intended goals. Thus, it is uncertain under what piece of legislation the protection of works of art or works of applied art falls. In order to understand and deal with this issue, it is important initially to consider the definition of ‘works of art’ and ‘works of applied art’.