Most Read Contributor in Cayman Islands, September 2016
As part of the Ministry of Commerce's modernisation of
intellectual property rights and responsibilities, the UK has
extended its 1988 Copyright Act to Cayman.
The Act has been extended by the Copyright (Cayman Islands)
Order 2015, which was passed by the UK Privy Council on 19
The Copyright (Cayman Islands) Order 2015 will revoke the
extension of the UK's 1956 Copyright Act to the Cayman Islands,
and replace it with the extension of the UK's 1988 Copyright
Act, subject to the changes indicated in the Order. The changes
reflected in the Order were requested by the Cayman Islands
'Cayman's intellectual property legislation - the big
three of which are copyrights, patents, and trade marks - affects
all commerce, from financial services to creative endeavours',
said Minister of Commerce Wayne Panton.
He acknowledged that for an inordinately long time, successive
governments have heard from local entrepreneurs and artists, as
well as from potential investors, who need the security provided by
stronger intellectual property (IP) protection either to safeguard
their current works, to engage in either the development of new
business, or to relocate business to Cayman.
'These persons recognise the importance of having IP rights.
They also understand that having those rights also means exercising
the responsibility to uphold them, by not infringing upon the
rights of others', Minister Panton said.
He explained that copyright modernisation, with the first step
being the extension of the UK's 1988 Act, is a major piece of
Cayman's overall IP modernisation initiative.
'Without the extension, Cayman still would be bound by the
UK's 1956 Copyright Act. That Act was enacted some 60 years
ago', Minister Panton said. 'To put this into perspective,
let's look at copyrighting for music alone, and think about how
music is made and distributed today. There was nothing like digital
sampling, or digital music downloading to mobile phones and
tablets, back in 1956'.
The IP modernisation initiative will also be the backbone of
another ongoing major initiative to enhance and develop a
significant information technology sector, as part of the domestic
Although passed, the Order will not come into force in the
Cayman Islands until a commencement date has been determined. It is
anticipated that there will be at least a six-month period before
commencement, to allow the Ministry of Commerce to conduct a public
education campaign and to make necessary arrangements for local
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
International copyright laws uphold the rights of exclusive use and exploitation by the creator/author to the exclusion of the others (except in certain exceptions).
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