Firas Massadeh, Ph.D

Associate Professor

Al Ain Campus

+971 3 7024855

Firas.massadeh@aau.ac.ae

Education

PhD in Intellectual Property Law – Newcastle School of law – University of Newcastle – England.

Master’s degree in Intellectual Property Law – Turin School of law – University of Turin – Italy.

Master’s degree in Public Law – AL- Hikmah University Faculty of law (La Sajass) – Lebanon .

BA in Law – Faculty of Law – Yarmouk University.

Research Interests

Intellectual Property, Civil and Commircial Law. Intellectual Property Civil/Commercial and Criminal Enforcement 

Selected Publications

- Anayltical Study of UAE Copyright Federal Law No. 7 2002 . in Arab Law Quarterly( Scopus Indexed Journal) Date of Publication 22 May 2018. Authors Fayez Alnusair and Firas Massadeh. 

- Consumer Protection in the UAE: Trademarks Act in Light of TRIPS Provisions. in Journal of Intellectual Property Riights. (Scopus Indexed Journal. Date of Publication May 2017. Authors: Firas Massadeh and Fayez Alnusair. 

- The Fair Trial Procedures for Intellectual Property in Light TRIPS Provisions: An Analytical Study of Jordan and UK. in Journal of Intellectual Property Rights (Scopus Indexed Journal) Nov- 2017. Authors : Firas Massadeh and Mohammad Alkrisheh  

Teaching Courses

Intellectual Property Law, Commercial Law, Labour Law, Arbitration Law, Commercial Papers and Bank transactions, Legal Terminologies in English, Business Law in English

Memberships

  • Membership in the Ius Commune Congress 
  • Jordanian Bar Association 

Article

Amicable Settlements for Civil and Commercial Disputes: A Comparative Study of Emirati and Egyptian Legislations

Published in: International Journal of Economics and Business Research (Scopus)

Oct 08, 2021

/ Firas Massadeh / Moustafa Kandeel

on-compulsory amicable dispute resolutions were examined by reviewing the legal nature and concept of mediation and conciliation within the legislations of the UAE and Egypt, in line with contemporary international legislations, such as that of France. We considered those civil and commercial law disputes which may be subject to amicable dispute resolution in pre-trial proceedings, including labour and family law matters and intellectual property rights. Within the latest legislative amended provisions, we also focused on whether the role of the judiciary within the amicable dispute resolution process is an efficient means of conciliation/mediation, and found that some modification of the respective Egyptian and Emirati judicial roles concerning the appointment of a conciliator/mediator is required. With regard to reaching an independent agreement, we present a potential model for doing so via amicable dispute resolution which is based on judicial procedures and strict binding stipulations.


Article

Time limitations for intellectual property in criminal and civil litigation: a comparative study of England and Jordan

Published in: International Journal of Private Law

Sep 21, 2021

/ Firas Massadeh / Mohammad Alkrisheh / Nour Hamed

In this review of Jordanian and English intellectual property laws, it became apparent that there are few legal rules regulating time limitations for civil or criminal cases. In English law, one such rule stipulates a civil limitation of no less than six years; however, there is no statute of time limitation for criminal cases, and therefore criminal offences do not fall under such limitations. In comparison, in Jordanian law the text of Article 272 of the civil law applies in relation to a statute of civil limitations. The aggrieved party may claim compensation arising from a violation of financial and intellectual property rights up to three years from the date of the victim's knowledge of the offence. In all cases, the hearing may not progress 15 years from the date of the offence. The study concluded with some recommendations.


Article

Trademark cancellation in terms of commercial and administrative law: A comparison of the UAE and Jordan

Published in: International Journal of Economics and Business Research (Scopus)

Sep 20, 2020

/ Firas Massadeh / Moustafa Kandeel Ali A. Massadeh

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.


Article

The role of intellectual property laws in creating a favourable environment for investment

Published in: Arab Law Quarterly

Aug 03, 2020

/ Firas Massadeh / Tariq Kameel

This article analyses the role of intellectual property laws in fostering domestic and foreign investment in the United Arab Emirates (UAE). As a signatory to all the major international agreements on intellectual property rights, such as the World Intellectual Property Organisation, the UAE has established legislative protection of intellectual property rights to create a favourable environment for investment. This study has two main aims. First, it analyses whether the approach taken by UAE legislators provides assurance for intellectual property holders and their related investments. Second, it reviews whether this approach indicates if the UAE has the political and legal will to provide incentives for investors. The study found that the UAE’s intellectual property laws are equitable, accurate, and capable of drawing the attention of foreign direct investment. With such a competent legal framework, the UAE demonstrates it has the required political and legal will to foster foreign direct investment.


Article

Analytical Study of United Arab Emirates Copyright Federal Law No. 7, 2002

Published in: Arab Law Quarterly

May 22, 2018

/ Fayez Al Nusair / Firas Massadeh

This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of relevant international conventions. The law revoked Federal Law No. 40, 1992 regarding intellectual property copyright. The nature of copyright and its economic justification, the scope of its protection in the United Arab Emirates’ legal framework, the concepts of originality and creativity, and the author’s moral and economic rights are scrutinized in comparison with the provisions of related international intellectual property treaties and conventions (i.e. the TRIPS Agreement and the Berne Convention for the Protection of Literary and Artistic Works 1886, last revised in Paris, 24 July 1971).


Article

The Fair Trial Procedure for Intellectual Property in Light of TRIPS Provisions: An Analytical Study of Jordan and The UK

Published in: Journal of Intellectual Property Rights (JIPR)

Nov 16, 2017

/ Firas Massadeh / Mohammad Alkrisheh

This study analyses the elements of a fair trial in the context of IP proceedings, comparing between procedural safeguards available in Jordan and the UK (especially England and Wales). Obligations between states at the international and regional level are analysed, along with their implications at the national level in the UK and Jordan, linked to the EU through the Euro-Med Association Agreement with Jordan. The international human rights instruments provide a common framework in accordance with TRIPS provisions interpreted could bridge the gaps that may arise between the British and Jordanian Jurisdictions. The study uses doctrinal comparative and qualitative methods to examine these issues and also the relation between criminal and other methods of enforcement - civil and administrative. Use of criminal procedures may significantly reduce the costs of lengthy civil litigation, and be in the public interest and the interest of all parties. Finally, recommendations are made for Jordan mainly


Article

Consumer Protection in The UAE: The Trademarks Act in Light of TRIPS Provisions

Published in: Journal of Intellectual Property Rights (JIPR)

May 16, 2017

/ Firas Massadeh / Fayez Al Nusair

This paper examines trade mark protection and its impact on the consumer in United Arab Emirates IP legislation, entitled Federal Trademarks Act No.37 of 1992. This act has been amended according to Federal Act No.8 of 2002 in the light of provision within the TRIPS Agreement of 1994, Section (2), Article 15. The concept of a trademark centres upon it's distinguish features, and this paper addresses the concept of deception in a misleading mark. We consider the criteria for determining that a mark is misleading or deceptive, how such misleading marks may affect the consumer, and the role of the consumer in defining deception. Further, we also address whether IP laws, mainly the Trademark Act, provide sufficient deterrent and safeguards, or if there is a critical need for additional support, such as Consumers Protection Act or Unfair Competition Act. We highlight the similarities, differences, advantages, and disadvantages of the provisions of the two documents, regarding whether these laws sufficiently cover consumers in law. There are elements lacking in the related laws concerning consumer protection, especially in the Federal Trademarks Act, concerning the time range and scope of protection provided in the Act. We consider if the Act covers the registration period, and if, after the registration period, the Act protects consumers against a mark that has lost its distinctiveness after registration. The IP-related legislation Federal Trademarks Act in particular shall be examined in depth for its flaws and the apparent lack of balance between the interests of trademark owners and that of consumers. We argue that there is an urgent need to amend the Federal Trademarks Law as it fails to balance the rights of trademark owners and those of the consumer, in favour of the owners.