NEW IP DEVELOPMENTS IN JAMAICA
This is an exciting time for Jamaica’s inventors, designers and owners of trade marks, with the following ground-breaking legal developments.
- Patents and Designs Act, 2020
The new Patents and Designs Act takes effect on February 11, 2022.
In one giant leap, the Act brings Jamaica’s patent and design laws from the 19th into the 21st century. The new law is in line with international standards, and implements the Patent Cooperation Treaty (PCT) for patents and the Hague Agreement for designs.
The PCT system allows local inventors to obtain patents in multiple countries worldwide on the basis of a single patent application. The PCT now has 155 contracting member states. PCT applications can be filed at the Jamaica Intellectual Property Office (JIPO) or directly online with the World Intellectual Property Office (WIPO).
The Hague Agreement enables creators of designs to register in all member states worldwide. Likewise, designers in those member states can register internatlonal designs in Jamaica. The Hague System currently has 75 contracting parties covering 92 countries.
In addition, the new Act creates a new IP right, allowing for the registration of Utility Models, another significant and innovative feature.
Essentially for our local inventors and creators, the new Act modernizes and simplifies the processes for obtaining these critical IP rights both locally and internationally. - The Madrid Protocol
The Madrid Protocol allowing for the international registration of a trade mark on the basis of a single application takes effect on March 27, 2022.
The Protocol currently has 110 contracting members covering 126 countries. Local owners of marks will be able to obtain an international registration in any number of the contracting member states commencing with a basic application filed at the Jamaica Intellectual Property Office.
The introduction of the new system will coincide with a planned increase in official fees for the registering, renewing and dealing with trade marks.
You may contact DunnCox partner, Joanne Wood Rattray, or your regular DunnCox service provider for more information.
Joanne Wood Rattray is an Attorney-at-Law at the law firm DunnCox. You may contact her at joanne.wood@dunncox.com.