A consultation has been launched into proposed changes to Jersey’s intellectual property framework.
Feedback is in particular invited on the introduction of a system of primary trademark registration in Jersey.
Intellectual property (IP) protection is a key part of modern economic policy which is increasingly driven by innovation and intangible assets. IP rights support innovative activity and can lead to increases in the profitability of a business investing in such activity. Products and services protected by IP rights ensure that there can be a reward for investment in innovation. IP rights are therefore a valuable business asset.
Ensuring that Jersey’s laws making provision about IP are modern and consistent with international standards is an important policy objective for encouraging businesses of many types to locate and invest in the Island.
This consultation specifically relates to trade mark registration and protection in Jersey. Trade marks are signs used to distinguish the goods or services of one business from those of another and enable consumers to identify a business as the source of a product or service. As such they are the basis on which a business creates its brand and reputation.
More specifically, this consultation invites stakeholder feedback on a number of questions in relation to the introduction of a modern and new system of primary trade mark registration in Jersey.
Modernising Jersey’s trade marks regime will enable the Island to be included in and benefit from international trade mark agreements, instil confidence in right holders and promote Jersey as an attractive jurisdiction for IP holding, management and administration activities.
The Government of Jersey would be grateful to receive your views in relation to:
- The proposal to establish a system of primary registration and grant of trade marks in Jersey.
- Potential long-term economic opportunities linked to the introduction of a system of primary trade mark registration to enhance the attractiveness of Jersey as a jurisdiction for IP holding, management and administration activities.
- Whether seeking inclusion in the Madrid Protocol could deliver benefits for trade mark owners, professionals and the Jersey economy.
- The proposal that the TMJL should no longer give automatic effect in Jersey to International Trade Marks (UK).
- The proposal that fees for services provided by the JIPO under a system of primary registration should be broadly the same as the fees that apply in the UK and Guernsey for similar services.
- The proposed transitional provisions for trade marks re-registered under the existing TMJL regime and International Trade Marks (UK).
Comments to the consultation can be submitted here.
