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Like certain other offshore jurisdictions, such as Guernsey,
Jersey has recognised the importance of having a modern
intellectual property regime that adheres to international
standards. The current IP laws in Jersey date as far back as 1908
and it is clear that these are not befitting of a world leading
finance centre such as Jersey.
From December 2007 to March 2008, the States of Jersey carried
out a public consultation on the proposed new IP laws. As a result
of this process, there has now been produced the draft Intellectual
Property (Unregistered Rights) (Jersey) Law 201-
("IPURL"), which will be lodged for consideration by the
States during 2011.
The IPURL, as the name suggests, covers certain unregistered IP
rights; being copyright, database rights, publication rights,
performers' rights and design rights. It is modelled on the
provisions of the UK Copyright, Designs and Patents Act 1988
insofar as that Act relates to unregistered rights. We will be
providing detailed information on each of these rights in future
updates and notes, but please do let us know if you have any
specific enquiries while the IPURL is being considered.
Certain registered IP rights have received more recent updates
than unregistered rights, hence the importance of tackling
unregistered rights first. However, we understand that a new law
dealing with registered rights is also in the making and should be
available for public review some time later this year.
Ultimately, Jersey's new IP laws should enable Jersey to
become compliant with, and party to, a number of international
treaties and conventions, including the Agreement on Trade Related
Aspects of Intellectual Property Rights ("TRIPS"), Berne
Convention, Universal Copyright Convention and secure membership to
the World Trade Organisation ("WTO"). Such recognition
would undoubtedly further secure Jersey's reputation as a first
class jurisdiction in which to do business.
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.
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The eBay electronic marketplace or any such other marketplaces or auction sites usually facilitate the purchase and sale of goods over the internet by individuals.
The evolution and development of the Internet has assisted the appearance of new forms of advertising and trading. Advertising systems such as Google AdWords and online marketplaces such as eBay have been created.
As the above analysis has indicated trade marks are valuable corporate assets and in cases where they are correctly exploited, they provide their trade mark proprietors with more fame, distinctiveness and benefits.
New image rights legislation is set to be introduced in Guernsey by mid 2012 and this will be of benefit for high profile, wealthy individuals to protect their reputation. There may also be tax advantages.
A new Patents and Trade Marks Law came into effect in the Cayman Islands on December 7, 2011.
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