By virtue of the Patents and Trade Marks Law (1995 Revision) as amended, together with the Patents and Trade Marks Regulations, any patent registered in the United Kingdom may be registered in the Cayman Islands. In addition, patents granted:-
(a) under the Convention on the Grant of European Patents designating the United Kingdom, and which under the law of the United Kingdom are treated as if they were patents granted under that law, and
(b) under the Community Patent Convention,
are deemed to be patents granted in the United Kingdom for the purposes of the Caymanian statute. No other patent may be recorded in the Islands.
By the same Law, any trade mark (which expression includes a service mark indicating that a particular person is connected in the course of business with the provision of particular services) registered in the United Kingdom or in accordance with Regulation (EC) No. 40/94 made by the Council of European Union on 20th December, 1993 ("the European Regulation") may be registered in the Cayman Islands.
Once the patent or trade mark has effectively been recorded in the Cayman Islands, protection is afforded to the registered holder.
The following information is necessary for the recording of an extension to the Islands of a right in or to a registrable patent or trade mark:-
(a) the name of the applicant;
(b) the name of the agent making the application (the appointment of the agent must be by letter or Power of Attorney);
(c) the date of the application in the United Kingdom or under the European Regulation;
(d) a reference to the particulars of the grant or registration in the United Kingdom or under the European Regulation sufficient to identify the right in a positive manner (this must be in the form of a certified extract from the United Kingdom or other relevant registry which should be signed and sealed by the Registrar there);
(e) the expiry date in the United Kingdom or under the European Regulation;
(f) an address for service in the Islands;
(g) in the case of a trade mark, two clear prints of the mark.
All applications must be made on the prescribed form.
The following must be submitted to record a renewal of registration of a trade mark or patent:-
(a) an extract from the United Kingdom or other relevant registry certified and sealed by the Registrar; and
(b) in the case of a trade mark, two clear prints of the mark.
The fees payable to the Registrar in the Cayman Islands are reasonable and are paid initially on registration and annually to renew the registration.
Effect of Registration
The owner of a mark registered in the United Kingdom or under the European Regulation on recording is afforded the same protection and rights as an owner of a trade mark by virtue of the Merchandise Marks Law and the owner of a patent registered in the United Kingdom or under the Community Patent Convention or the Convention on the Grant of European Patents is afforded all of the equivalent rights and remedies available to such an owner in the United Kingdom.
The content of this article is intended to provide a general guide to th esubject matter. Specialist advice should be sought about your specific circumstances.