A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
What does a patent do?
A patent provides protection for the invention to the owner of the patent. The protection is granted for a limited period, generally 20 years
Trademarks
What is a trademark?
A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or "marks" on their artistic or utilitarian products. Over the years these marks evolved into today's system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.
The New Trade Marks Act, 1999, which came into force on September 1, 2001, defines a Trade Mark as:-
Any sign that is capable of being graphically represented and capable of distinguishing the goods or services of one undertaking (i.e. any person, company or business entity) from those of another undertaking.
A SIGN includes a word, (including a personal name), design, letter, numeral, colour, combination of colours or a combination of the foregoing or the shape of goods or their packaging.
In essence therefore, a Trade Mark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or business entity, for example; "Red Stripe", "Grace", "Island Grill", "Mothers", "Walkers Wood", "Reggae Boyz", "Ting".
Industrial Designs
What is an industrial design?
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or colour.
Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewellery, and other luxury items; from house wares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.
To be protected under most national laws, an industrial design must appeal to the eye. This means that an industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.
Geographical Indications
What is a geographical indication?
A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Whether a sign functions as a geographical indication is a matter of national law and consumer perception. Geographical indications may be used for a wide variety of agricultural products, such as, for example, "Tuscany" for olive oil produced in a specific area of Italy (protected, for example, in Italy by Law No. 169 of February 5, 1992), or "Roquefort" for cheese produced in France (protected, for example, in the European Union under Regulation (EC) No. 2081/92 and in the United States under US Certification Registration Mark No. 571.798).
Copyright and Related Rights
What is copyright?
Copyright is a legal term describing rights given to creators for their literary and artistic works.
What is covered by copyright?
The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings.
Service Marks
What is a Service Mark?
The definition of a Trade Mark is inclusive of the definition of a Service Mark. In fact, a Service Mark is actually a Trade Mark used to identify "services" instead of "goods".
Therefore, a Service Mark can be defined as:- "Any sign that is capable of being graphically represented, and capable of distinguishing the services of one undertaking (i.e. any person, company or business entity) from those of another undertaking
What sort of Goods and Services are involved?
There is an international classification of goods and services, which is used for the purpose of registering trademarks, known as the NICE CLASSIFICATION
Under the latest edition (8th Edition), goods are classified under thirty-four (34) classes, and services are classified under eleven (11) classes. Each class has a different range or category of goods and services from which the proprietor of the mark must select when making his application.
What are Trade Mark fees in Jamaica?
The Trade Mark fee is payable in two stages:
(i) Upon an application to register:
$3,500 (plus $1,000 for every additional class).
(ii) Upon acceptance of the mark for registration:
$1,320.00 for advertising the mark in the Jamaica Gazette, and
$3,500.00 for registration.
(iii) N.B. For a Certification or Collective Mark, an additional fee of
$5,000.00 is required to file regulations governing the use of the mark.
Is it necessary to get professional help in registering?
No this is not compulsory. However as registration of Trademarks, Service Marks and Patents & Designs is a specialised area, it may be necessary to employ the services of a trademark agent or attorney.
Is a Trade Mark the same as a Service Mark?
A Service Mark is a Trade Mark, which applies to services. A Service Mark is a distinctive sign that identifies the services offered by a specific person or enterprise.
What types of Services can be registered as a Service Mark?
Services in banking, transportation, insurance, financing, travel agency, security, hygiene and beauty care.
Has there been any Copyright disputes before the court?
Yes. In 2003 five criminal prosecutions were brought for Copyright infringement. Some of the cases were as follows:
R v James Bryan (2003) Morant Bay
R v Marie Samms (2003) Half Way Tree
R v Carl Gibson (2003) Half Way
R v David Marzouca and others (2003) Montego Bay
R v Kipling Salmon (2003) Half Way Tree
What categories of original works are protected by the Jamaican Copyright Act?
There are 9 categories of protected works; these are literary, artistic, dramatic, musical, sound recordings, films, broadcasts, cable programmes and typographical arrangements of published editions. This is a closed list. Works that do not fall within any of these categories cannot be the subject of Copyright protection
How long does Copyright protection last?
Generally, Copyright protection is for the life of the author and continues for 50 years after his/her death; After the expiration of this period anyone may use the work freely without the authors permission and the work is thus said to be in the public domain Note that there are certain categories of works that attract a shorter period of protection;
If the author is unknown Copyright lasts for 50 years after the work was first made available to the public.
computer generated works Ñ 50 years after it is made
sound recordings and films Ñ 50 years after it was first made available
broadcasts Ñ 50 years after it was first made available
typographical arrangements Ñ 25 years after first publication
How do I transfer my Copyright?
This may be done in three ways:
Licence - this is specific authorisation from the Copyright owner to use the work for a specified purpose for a specified time, usually for a fee. The terms of the licence are usually negotiated between the parties.
Assignment Ñ this is an out right give away of all the rights and privileges associated with Copyright for the remaining duration of the Copyright term, except for the moral rights, which remain with the author indefinitely unless waived. An Assignment must be in writing to be valid.
Succession Ñ this is where the copyright is transferred on the death of the author, either by will or on an intestacy (i.e. Where there is no Will) to surviving heirs.
What international Treaties/Conventions on IP is Jamaica a party to?
Convention establishing the World Intellectual Property Organization, WIPO (December 1978)
Paris Convention for the Protection of Industrial Property (December 1999)
Berne Convention for the Protection of Literary and Artistic Works (January 1994)
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (January 1994)
Convention on Protection of Producers of Phonograms Against Unauthorised Duplication of their Phonograms (January 1994)
Convention Relating to the Distribution of Programme Carrying Signals Transmitted by Satellite (January 2000)
Nairobi Treaty on the Protection of the Olympic Symbol (March 1984)
WIPO Performances and Phonograms Treaty (June 2002)
WIPO Copyright Treaty (June 2002)
WTO Trade Related Aspects of Intellectual Property
Does the grant of a Patent in Jamaica mean that the invention is protected in other countries?
No. Protection in foreign countries can only be secured by obtaining patents in those countries.
Is it advisable to conduct a search for prior Patents before applying for a Patent?
Yes. It may be found that the invention is claimed in a prior Patent. In such a case a Patent could not be granted. A search may save the expense of filing an application that would be rejected.
Where can a search be made?
At the Jamaica Intellectual Property Office, JIPO, located at 1B Holborn Road, Kingston 10
