Jersey-based brand owners, innovators and businesses expanding into international markets could benefit from a landmark modernisation of the island’s intellectual property regime, according to Ogier’s Intellectual Property team.
The legislative changes were approved recently by the States of Jersey and aim to better align Jersey’s legislation with international standards, streamline protection routes and eliminate the island’s dependency on UK trade mark registrations.
Currently, Jersey offers a secondary trade mark system – brand owners can only register locally after securing a trade mark registration in the UK first.
Under the new legislation, Jersey brand owners can secure trade mark rights in Jersey directly.
“The new legislation, which is based on the UK’s Trade Marks Act 1994 (as amended), will introduce a primary trade mark registration system for the first time, which will save brand owners additional time and money,” said Sophie Peat, intellectual property specialist and partner at Ogier.
“The new law also establishes an IP Registry under the remit of the Jersey Financial Services Commission (the JFSC).”
The Trade Marks Law, which captures these changes, should come into effect in the second half of 2026. The Madrid Protocol, the Patent Cooperation Treaty, the Hague Agreement and the Nice Agreement are also expected to be extended to Jersey by this time.
These international IP treaties should ‘offer significant advantages’ for IP owners. In particular with trade mark protection, accession to the Madrid Protocol will provide Jersey with direct access to the International Registration system. It will also allow foreign businesses to designate Jersey directly when seeking international trade mark protection.
The changes will increase the island’s visibility and attractiveness for international trade mark protection, as well as providing a more cost-effective and streamlined route for the island to secure trade mark protection in international markets.
“As the new IP registry becomes operational, statistical reports will show local registration activity and performance,” explained Ogier associate Danielle Newton (pictured). Danielle also noted that changes to the legislation are also a response to the needs of an increasingly globalised economy.
“They will ensure Jersey is positioned to support innovation and attract business by providing robust mechanisms for the protection, registration and management of intellectual property rights,” she said.
