HSM IP LTD
Cayman Trade Mark Spotlight: The Security Centre
Kate Cleary, an Intellectual Property Manager at HSM IP, reached out to The Security Centre to get its feedback on registering their trade mark in the Cayman Islands. Kate spoke with Natasha Whitelocke (Director – Admin, Compliance & Regulatory Affairs) Read more +
WIPR Leaders Directory 2025 Recognises HSM IP Team
World Intellectual Property Review (WIPR) launched a new Caribbean category in their 2025 Leaders Directory and HSM IP is pleased to have three members of their team recognised: Managing Partner, Huw Moses; Senior IP Manager, Mrinali Menon and IP Manager, Read more +
HSM IP Named Caribbean Firm of the Year 2025 by Managing IP
HSM IP has been named Caribbean Firm of the Year by the Managing IP Awards 2025 Americas. Mrinali Menon (HSM IP Senior Manager) accepted our award at their Awards Ceremony on 24 April 2025. More than 200 guests attended the Read more +
HSM IP Attending INTA 2025 Annual Meeting in San Diego, California
Our HSM IP team is gearing up to attend the 2025 International Trade Mark Association’s (INTA) Annual General Meeting in California at the San Diego Convention Center from 17 to 21 May 2025. Meet Huw St.J. Moses OBE (Managing Partner), Read more +
Major Evolution to the Landscape of IP Laws in Jamaica for 2022
Jamaica is set to become a part of the Madrid System. Pursuant to the Trade Marks (Amendment) Act, which took effect on 30 June 2021, Jamaica acceded into the Madrid system on 27 December 2021 and is now the 110th member to join the Madrid protocol. The Madrid Protocol will take effect on 27 March 2022.
Trade Marks
We believe the change is largely unwelcomed by many practitioners given the anticipated reduction in the filing of new applications for registration in the jurisdiction. Applicants will still be able to utilize the option to file direct applications at the local office. For those proprietors that use Jamaica for “stealth filings” these will need to continue to be done outside of the Madrid system.
The Madrid System/Protocol
Under the Madrid System, protection for a trade mark can be gained through one single international filing of an application with the applicants choosing designated countries in which they wish to extend the rights of the protection. All applications are still subject to local formalities and requirements, in order for registrations to be granted.
Patents and Designs
The long serving and historic Patent Act of 1857 and the Designs Act of 1937 have been repealed in Jamaica and is now replaced by the modern Patents and Designs Act, 2020, which took effect on 11 February 2022. All Patents and Designs that were in force as at 11 February 2022 or filings made before this date, will still have legal effect and will continue to be governed by the Patent Act of 1857 and the Designs Act of 1937.
New Patent and Designs Act and the Patent Cooperation Treaty
One of the most notable impacts of the Patents and Designs Act 2020, is the provision for filings under the Patent Cooperation Treaty (PCT) and Designs under the Hague Convention. According to Section 33 (1) of the Act, an international application in which Jamaica is designated for the purpose of obtaining a patent for which a filing date has been accorded under the Patent Cooperation Treaty shall be treated as a patent application under this Act. Among other benefits, the PCT allows for priority claims under the Paris Convention and the life of a Patent is now 20 years instead of 14 years.
The Patent Cooperation Treaty (PCT)
The PCT allows applicants to obtain patent protection for an invention simultaneously in many countries that are a member of the treaty also known as contracting states, by filing a single international patent application instead of individual applications in each country. Some of the benefits include the reduction in filing fees and processing times for applications. Applicants who wish to file in Jamaica can now designate this jurisdiction as one of the countries. An applicant has the option to file an application under the PCT directly or alternatively, can choose to file within the 12 month period, as stipulated by the Paris Convention, from the filing date of a first application, which has legal effect in all PCT member states.