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HSM IP LTD

26/04/2022 | hsmoffice

World IP Day Celebrates Young Innovators

The HSM Group (which includes HSM Chambers, HSM Corporate Services and HSM IP) are supporters of Cayman Enterprise City’s Business Design Competition. This year’s Project of the Year winner is 25-year-old George Wauchope of Emailchaser.io, a website and sales tool Read more +

14/03/2022 | hsmoffice

WTR 1000 Recognises HSM IP and Huw Moses in 2022 Guide

World Trade Mark Review (WTR) 1000 has once again recognised HSM IP in their WTR 1000 2022 guide. This is the fifth year in a row that we have been recommended by WTR 1000. HSM IP is honoured to receive Read more +

28/02/2022 | hsmoffice

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 Read more +

13/08/2021 | hsmoffice

HSM IP Featured In Trademark Lawyer Magazine Top Rankings 2021

HSM IP is honoured to be in the Top 10 Trademark Firms in the Trademark Lawyer Magazine Law Firm Rankings 2021/22 for the entire Caribbean region. This Top 10 ranking highlights HSM IP’s dedicated and continuous contributions to the world 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.