INTELLECTUAL PROPERTY RIGHTS
How do I protect my rights?
I want to protect my Intellectual Property/Brand
Here are a few things to consider.
Intellectual Property (IP) “refers to original creations of the mind such as poetry, choreography, jewelry designs, business signs, and inventions.”
IP includes (i) industrial property such as patents, trade marks, industrial designs and geographical indications, (ii) copyright and its related rights and (iii) traditional knowledge.
Trade marks are protected at common law without registration. However, registration under the Trade Marks Act provides added protection and in most cases an easier avenue for enforcing your right. To register a trade mark the following information is required:
- A representation of the mark;
- The class(es) the mark is to be registered in;
- The list of goods and/or services; and
- The name and address of the applicant and if a company, the country of incorporation.
The selection of the applicable classes and the list of goods and/or services that will be accepted by the intellectual property office for registration is an important part of the registration process. With our experience and exposure in this area, we are ready to assist.
When operating as a sole trader, company, partnership or any combination it is still important to register your business name. Existing companies who trade in another name should also register any trading as name.
The process of registering a business name is fairly straight forward and requires the submission of the prescribed registration form to the Companies Office of Jamaica with information such as the business name and details of the owner of the name. A business name once registered expires after 3 years and can be renewed for additional 3-year periods. One may incur liability if he/she/it fails to cause the business name to be registered in some circumstances.
Trade mark registration is for a period of 10 years and can be renewed for additional 10-year periods.
Patents protect inventions. An invention is patentable if it is new, involves an inventive step, is capable of industrial application and is not excluded under the law from being patentable. Patent protection is for a period of 20 years. The patent registration process requires precise and specific details displaying why the invention is patentable.
Copyright includes rights held by a creator of literary, artistic, musical or dramatic works. All of which can be further subdivided. Copyright automatically arises where an original literary, artistic, musical or dramatic work is in a recorded or written form. Registration is not mandatory for copyright protection. A copyright notice should be visible on the recorded medium along with the date of creation and the name of the author of the work. The notice is to include the word ‘Copyright ‘ and the international copyright symbol , ©,
In addition to the Company’s Articles, Companies will be governed by the Companies Act.
Under the Companies Act, a company name is required to end with the word ”Limited” unless permitted under the Act to be excluded such as in the case of registered charity. The registered address of the company must also be located in Jamaica. The incorporation process will require the provision of the details of the directors, who the shareholders and beneficial owners will be and the secretary of the proposed entity. A shareholder can also be a director or secretary. A director can also be the secretary if there is more than one director. If you intend to have one director you will need to have another individual as secretary as the sole director cannot also be the secretary.
Connect with us for support
throughout the process
of protecting your IP.
Identifying your IP rights, protecting same and if necessary, enforcing your right against an infringer can be time-consuming and intimidating.