The Patents and Trade Marks Law 2011 governs the recording of intellectual property rights in the Cayman Islands. The Law establishes a registry of patents and trade marks. This Register is maintained in the office of the Registrar General.
The Cayman Islands registry serves to extend patent and trademark rights that have been registered in other jurisdictions, rather than being a registry of original registration; only those rights already registered in jurisdictions prescribed by law may be registered in the Cayman Islands.
In 1998 legislation was introduced to allow EC trademarks to be extended to Cayman. This enlarged the scope of acceptable registrations, which had previously been confined to the United Kingdom and Madrid Protocol (with UK designation) trademark rights. This means that before a trade mark can be registered, renewed or assigned in the Cayman Islands, it must first be registered, renewed or assigned with either the registry of patents and trade marks in London or the EC registry in Madrid. Thereafter, it is straightforward to record rights in the Cayman Islands.
A person wishing to register a trade mark or patent must engage a Registered Agent. Only such an agent can transact with the Registry. SMCS is pleased to provide this service (www.caymancorporateservices.com/ip-technology)
Recording of patents and trade marks
The Registrar must be satisfied that an application complies with Registry requirements (including the submission of an original certified extract from the UK or EC register) and that the prescribed fees have been paid. The fee structure is based on the number of classes in which the trademark is registered.
Once in possession of this material The Registry will grant the extension of rights. Patens may be registered for a period of 20 years and the period of validity is dependent on the continued registration in the UK/EC.
All recordings made on the Register shall be published in the Cayman Islands Gazette. Publication is prima facie evidence of the recording.
Effect of registration
The effect of recording in the Cayman Islands a right in or to either a UK patent is that it bestows the owner with all the equivalent rights and remedies available to him or her in the UK.
The recording of an extension of a right in or to either a UK trade mark or an EC trademark provides the owner with the same protection and rights afforded to an owner under the Merchandise Marks Law (1997 Revision) and all other rights to which the owner is entitled to exercise and enforce in the UK/EC.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.