I THE GLEANER | SUNDAY, APRIL 28, 2024
II THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | I extend my sincere appreciation to the Jamaica Intellectual Property Office (JIPO) for its steadfast commitment and strategic endeavours in safeguarding the intellectual property rights of entrepreneurs and content creators and those with intellectual property while fostering innovation and technological advancement. As Jamaica strides towards economic independence, JIPO’s role in facilitating and promoting innovations geared towards sustainable development becomes increasingly critical. Intellectual Property (IP) rights serve as vital incentives for investment in research and development (R&D), particularly for sustainable technologies and practices, paving the way for innovative solutions to environmental challenges. IP is also a potential major contributor to the country’s Gross Domestic Product (GDP) as the value of creativity and technology becomes more evident. By ensuring the protection of IP rights and facilitating technology transfer through licensing and collaboration agreements, JIPO contributes significantly to creating a favourable climate for investors. Leveraging its robust IP protection framework, JIPO can attract investment in sustainable development projects, providing assurance to investors regarding the security of their IP and their ability to recoup investments through exclusive rights. Furthermore, JIPO’s efforts over its 23 years of operation have empowered innovators to differentiate their offerings in the market, fostering competitive advantages that drive the adoption of sustainable solutions. In line with our commitment to sustainable development, I encourage JIPO to embark on a public education campaign, promoting the use of IP assets as collateral to access finance for projects aimed at expanding goods and services, particularly those contributing to sustainable development. As the Government emphasises climate adaptation and environmental protection, it is imperative that economic growth aligns with environmental integrity for the well-being of future generations. In this regard, I urge developers of green technologies and practices to protect their IP rights by registering with JIPO, making them eligible for grant funding from multilateral financial institutions. As the custodian of IP rights, JIPO serves as a crucial platform for academia, the private sector, and non-governmental organisations to collaborate on strategic initiatives for economic solutions driving technological innovation for sustainable development. I call upon stakeholders across Jamaica to partner with JIPO in branding the unique attributes of their areas, unlocking their full potential for socioeconomic transformation. As JIPO strengthens its support for sustainable development in Intellectual Property Week, let us intensify our efforts to utilise IP rights as a catalyst for progress in technology innovation while safeguarding intellectual property rights. THE MOST HON ANDREW HOLNESS, ON, PC, MP Prime Minister JIPO’s role in facilitating and promoting innovations is increasingly critical MESSAGES In a world driven by innovation and cultural creativity, intellectual property (IP) serves as the cornerstone of economic development and cultural identity. The Jamaica Intellectual Property Office (JIPO) plays a pivotal role in safeguarding the IP rights of our vibrant community of innovators, creatives, and businesses. JIPO is leading the charge in fostering a national dialogue on the importance of protecting trademarks, copyrights, patents, and design rights – essential tools for economic and cultural vitality. Jamaica’s unique blend of cultures creates a fertile ground for our talented citizens to showcase their creativity not only locally, but also on the global stage. It is crucial for our creators to understand the importance of IP protection not merely as a legal necessity, but also as a strategic avenue for economic empowerment and self-improvement. This understanding is particularly significant as we align with the United Nations Sustainable Development Goal 9 (SDG 9), which focuses on building resilient infrastructure, promoting inclusive and sustainable industrialisation, and fostering innovation. Intellectual property is intrinsically linked to this goal as it encourages the development of new technologies and creative outputs that drive forward sustainable industries and infrastructure. As we progress in this digital age, it becomes even more essential for every Jamaican to be aware of the laws that protect their personal and intellectual creations. With the rise of content creation across diverse digital platforms, protecting these creative outputs is imperative. Jamaican creators, who stand on equal footing with international talents, deserve robust IP protection to secure their work and contributions to our culture and economy. In celebrating Intellectual Property Week, we not only highlight the significance of IP rights, but also underscore how these protections are integral to achieving Jamaica’s Vision 2030 and the broader United Nation’s 2030 Agenda for Sustainable Development. These agendas set forth an ambitious plan to transform our world - with SDG 9 at the heart of such transformations – aiming to accelerate technological advancements and sustainable economic growth. Through JIPO’s dedicated efforts, we are equipped to keep abreast of the rapidly evolving technological landscape, ensuring that our intellectual and creative assets are protected. This enables our people to contribute fully and constructively to society, utilising their rights and innovations as a foundation for our sustainable development. Let us celebrate the substantial contributions of JIPO as we continue to educate, protect, and leverage intellectual property for the betterment of our community and the achievement of global development goals. HIS EXCELLENCY THE MOST HON SIR PATRICK ALLEN ON, GCMG, CD, KSt.J Governor General Let us celebrate the substantial contributions of JIPO
III THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | I am honoured to extend my support and enthusiasm to the Jamaica Intellectual Property Office (JIPO) as we celebrate Intellectual Property Week 2024, focusing on the theme, “Intellectual Property and the Sustainable Development Goals”. This year’s theme underscores the crucial intersection between intellectual property and the pursuit of the United Nations’ Sustainable Development Goals. As we navigate the challenges of our time, it is imperative that we harness the power of innovation, creativity, and intellectual property rights to address pressing issues and pave the way for a more sustainable future. In particular, SDG 9 to build resilient infrastructure, promote inclusive and sustainable industrialisation, and foster innovation serves as a cornerstone for leveraging intellectual property as a catalyst for economic growth, social inclusion, and environmental sustainability. Nurturing and growing industries such as the cultural and creative industries, sports and their diverse ecosystems are extremely important for the economic development and cultural identity of Jamaica. This requires a deliberate effort to drive these industries, which are two of the fastest growing areas of economic activity in the world; and with the global push towards improved technology and artificial intelligence, there is an increased need to protect our intellectual property rights in order to ensure that we reap the benefits of our ingenuity. As a nation with a rich cultural heritage and a legacy of creativity, Jamaica stands to benefit immensely from a robust intellectual property mechanism. However, it is essential that we ensure equitable access to intellectual property rights, especially for marginalised communities and grassroots innovators. JIPO’s efforts in this regard are commendable, and I urge continued dedication to promoting inclusivity and accessibility within the intellectual property landscape. I extend my appreciation to JIPO for spearheading this important initiative and for its unwavering commitment to advancing intellectual property awareness and protection in Jamaica. May Intellectual Property Week 2024 inspire us all to harness the transformative power of innovation for the betterment of our nation and the global community. MARK J. GOLDING, MP Leader of the Opposition May we be inspired to harness the transformative power of innovation MESSAGES As a nation with a rich cultural heritage and a legacy of creativity, Jamaica stands to benefit immensely from a robust intellectual property mechanism. However, it is essential that we ensure equitable access to intellectual property rights, especially for marginalised communities and grassroots innovators.
IV THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | As we acknowledge Intellectual Property (IP) Week 2024, between April 21-28, 2024, I am pleased to join our agency, the Jamaica Intellectual Property Office (JIPO), in highlighting the pivotal role of IP in our nation’s economic growth. On behalf of the Ministry of Industry, Investment, and Commerce (MIIC), Jamaica’s Business Ministry, I reaffirm our government’s commitment to promoting and protecting intellectual property rights, which are crucial for spurring innovation, creativity, and economic advancement, especially within our micro, small, and medium-sized enterprises (MSMEs). By enhancing the competitiveness of our MSMEs through a robust intellectual property rights ecosystem, we empower these enterprises to own their intellectual assets and grow, and to actively engage in the global marketplace. This year’s theme, “IP and the Sustainable Development Goals (SDGs): Building our Common Future with Innovation and Creativity”, resonates deeply with our strategic priorities to foster rapid and sustained economic growth. We are committed to increasing exports to enhance our GDP, boosting local and foreign direct investments to lay a solid foundation for economic stability, improving the business environment by removing bureaucratic barriers, and empowering and protecting consumers to enhance their welfare. The MIIC focuses on SDG Goal 9: Industry, Innovation, and Infrastructure. By fostering a resilient and sustainable framework, we can meet today’s challenges and grasp tomorrow’s opportunities. Managing intellectual property strategically remains a crucial priority for the MIIC. We are committed to strengthening Jamaica’s IP system to support our dynamic innovators and creators, providing them with the tools and protection they need to thrive globally. During IP Week, JIPO organised a series of events enabling interactions with students, creators, innovators, and MSMEs, emphasizing the pivotal role of IP rights in safeguarding their creations. This endeavour proved vital in cultivating a climate where innovation is recognised and creativity thrives, thus cementing intellectual property as a linchpin of sustainable prosperity. Jamaica must become and be known as a leading innovator, and creator of very desired technologies for which buyers will pay, and we must become better and more efficient manufacturers of goods and ever improving crafters of ingenious services. Thank you to the JIPO staff and all stakeholders for nurturing an innovative and creative Jamaica. As we reflect on IP Week 2024, let us reaffirm our commitment to harnessing intellectual property to produce many well-paying jobs and foster sustainable economic growth. SENATOR THE HON AUBYN HILL Minister of Industry Investment & Commerce Thanks JIPO for nurturing an innovative and creative Jamaica MESSAGES Thank you to the JIPO staff and all stakeholders for nurturing an innovative and creative Jamaica. As we reflect on IP Week 2024, let us reaffirm our commitment to harnessing intellectual property to produce many well-paying jobs and foster sustainable economic growth.
V THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | World Intellectual Property Day is recognised on April 26. It is perhaps significant that the protection of intellectual property rights is celebrated in the month that marks the start of the new financial year. The celebration of ‘IP Day’, at the start of the year, gives us the opportunity at JIPO, as we do at the end of one year and before the start of the other, to pause and reflect on the past year, to celebrate what went right and to devise strategies to address what could have been done better, it is also a time to recognise the achievements of the dedicated members of the staff at JIPO who through their work contribute to the growth and development of Jamaica. The year 2023, was a year of new beginnings for JIPO and, by extension, Jamaica. The full operation of three international treaties – the Madrid Protocol, the Patent Cooperation Treaty and The Hague Agreement concerning the International registration of Industrial Designs, signalled that anyone in Jamaica now has the opportunity to utilise these international agreements which allow persons to be able to, on payment of the requisite fees, protect their trademark, invention or design in several jurisdictions. There were also amendments made to the Copyright Act, which reiterated and provided support for the collective management organisations, as well as support to the blind, visually impaired, or otherwise print disabled community and the hearing disabled community, to have access to works without copyright infringement or violation. The agricultural and horticultural sectors are being taken into account, as we are currently involved in the process of drafting new legislation for the protection of new plant varieties. Aside from the focus on our core role the registration of intellectual property, JIPO also continued to work to maintain our ISO 9000 2015 Quality Management System. The theme, ‘Protecting your Innovation’, importantly speaks to innovators and creatives and is adapted from Goal 9, of The United Nations Sustainable Development Goals. We look to our innovators to make a change with new inventions or modifications to existing infrastructure to develop future reliable and sustainable infrastructure. Innovators, therefore, drive progress by contributing to the development and economic progress of society. Also important is the need to protect the intellectual property rights of the inventor to ensure ownership protection and economic gains to be made. We join with the other 192 member states of the World Intellectual Property Organisation (WIPO), in recognising World Intellectual Property Day, aiming to raise awareness about the importance of Intellectual Property (IP) and its impact on innovation, creativity and economic development and encouraging creators, inventors and artists to innovate and produce new works. We would encourage you to utilise the services of the IP Office and look forward to answering any questions you may have on any of the intellectual property areas of Trade Mark, Design, Geographical Indication, Patent and Copyright – currently administered by JIPO. LILYCLAIRE BELLAMY Executive Director JIPO We look to our innovators to make a change with new inventions We join with the other 192 member states of the World Intellectual Property Organisation (WIPO), in recognising World Intellectual Property Day, aiming to raise awareness about the importance of Intellectual Property
VI THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | What is a computer program? Computer program is defined in Section 2 of the Copyright Act of Jamaica, 1993 (the ‘Act’) as a set of instructions, whether expressed in words or in schematic or other form, which is capable, when incorporated in a machine-readable medium, of causing an electronic or other device having information-processing capabilities to indicate, perform or achieve a particular function, task or result. We see computer programs in operation on a daily basis, for example, using cellular phones, laptops, as well as driving our programmed vehicles. It is those source codes which allow an output when we select a key on our devices that produce the desired result. A study done by the World Intellectual Property Organization (WIPO), in 1970 and 1980s, shows that there were extensive discussions on whether computer programs should be protected as copyright or as a patent. These discussions resulted in the generally accepted principle that computer programs should be protected by copyright, whereas apparatus using computer software or software-related inventions should be protected by patent. WHAT ARE THE RIGHTS OF THE AUTHOR/ OWNER OF THE COMPUTER PROGRAM? Copyright is defined by the Copyright Act of Jamaica as a property right. This means that the owner of a copyrighted work, whether literary, musical, dramatic and artistic work, has the exclusive right to use and to control the use of their copyrighted work. Some of these rights include copying the work, issuing the work to the public, broadcasting the work, making and adaptation of the work, and making the work available on the Internet. As the author of a computer program, the law provides that he/she is the first owner of the work, unless there is an agreement to the contrary. For example, in a contract for employment, where it is stated that the employer owns the copyright in the work, the author of the work cannot claim ownership of the work; however, he or she is considered the author of the work. WHY IS IT IMPORTANT TO PROTECT YOUR COMPUTER PROGRAMS? It is important to protect computer programs, like all other intellectual property rights. The fact that computer programs receive protection under copyright law means that this protection arises automatically upon creating the program. It is therefore recommended that authors and owners of computer programs utilise the voluntary copyright register to safeguard their copyrighted work. The purpose of utilising the register is evidence-based. In the event of an infringement, the individual who deposits the copyrighted works has evidence in court as the author and/ or the owner of the copyrighted work. Another way of safeguarding computer software is to utilise the poor man’s copyright, in which the codes are placed on a thumb drive and further in a sealed envelope. The sealed envelope is taken to the post office and a registered post is sent from the owner of the copyrighted work to him or herself. Upon receipt of the envelope, the owner should not open same; it will only be opened in court if ownership of the copyrighted work is disputed. It is important that adequate mechanisms are in place to ensure that your computer programs are safeguarded. MS SHANTAL ENGLISH Deputy Director/Legal Counsel COMPUTER PROGRAMS – Are they protected? It is important to protect computer programs, like all other intellectual property rights. The fact that computer programs receive protection under copyright law means that this protection arises automatically upon creating the program.
VII THE GLEANER | SUNDAY, APRIL 28, 2024 Jamaica’s accession to various treaties administered by the World Intellectual Property Organization (WIPO) ensures a cost-effective and user-friendly route for nationals and residents of Jamaica to acquire and manage several intellectual property (IP) rights internationally. Three treaties – The Madrid Protocol, the Hague System and The Patent Cooperation Treaty (PCT) – known as the global protection system treaties entered into force with respect to Jamaica in 2022. Through these global protection system treaties, a single international registration or filing will have effect in any of the relevant signatory states of the treaties. TRADE MARKS Protecting your brand outside of Jamaica involves acquiring trade mark rights in each of the export markets where you wish to commercialise your products or services. Trademarks are territorial rights in that they are only valid in the countries or regions where they are registered. The Madrid Protocol gives trade mark owners the possibility of having their trade marks protected in up to 130 countries, through a single application filed with the Jamaica Intellectual Property Office (JIPO). A local trade mark owner seeking to protect a trade mark in multiple international jurisdictions can now file one application, in one language and pay one set of fees for an international registration effective in the various countries selected by the trade mark owner, under the Protocol. Filing an international application under the Protocol, is equivalent to filing a bundle of national applications, effectively saving trade mark owner’s time and money. Trade mark owners can benefit from reduced expenses on foreign trade mark lawyers, translations in multiple languages and protracted IP administrative procedures in several countries. Foreign companies doing business in Jamaica can now easily seek trade mark protection in Jamaica by simply designating Jamaica in their international trade mark applications. DESIGNS The Hague System for the International Registration of Industrial Designs allows designers to register up to 100 designs in 96 countries by filing a single application. The international design application may be filed at the JIPO office or directly with WIPO online. Upon filing, WIPO publishes the design and notifies the IP offices of the countries designated in the international application. Each designated country has a limited time of six to twelve (6 -12) months to confirm whether it confers protection to the design in its territory. PATENTS Inventors seeking patent protection internationally for their innovations can now simultaneously seek protection for an invention in many countries by filing one international patent application under the PCT. An international patent application has the effect of a national patent application in or for all 157 PCT Contracting States. Ultimately, the granting of patents remains under the control of the national patent Offices in what is called the “national phase”. Local inventors who meet certain requirements are entitled to a 90% Reduction in some PCT Fees. These global protection system treaties simplify and reduce the cost of making individual applications or filings in all the countries in which protection is sought for a given IP right. The implementation of the Madrid Protocol, Hague System and PCT now allows local business owners, designers, and inventors another route to protect their intellectual property outside of Jamaica. For further information, please contact JIPO at 876-946-9216 or at info@jipo.gov.jm. MS ADRIENNE THOMPSON Deputy Director/Registrar INTELLECTUAL PROPERTY WEEK FEATURE | International Intellectual Property Protection Protecting your brand outside of Jamaica involves acquiring trade mark rights in each of the export markets where you wish to commercialise your products or services.
VIII THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | Have you ever seen a logo, mark or sign and wondered to yourself whether there is any way for that particular logo (mark or sign) to be registered in Jamaica? Well, wonder no further! This article hopes to provide you with just a snippet of the general information about registering a logo, mark or sign (hereinafter referred to as a ‘trademark’) in Jamaica. Journey with me on this four-point trademarks FAQs. 1. WHAT IS A TRADEMARK? Section 2 of the Trade Marks Act (the ‘Act’), as amended, defines a trademark as any sign that is capable of being graphically represented and capable of distinguishing the goods or services of one undertaking from those of another undertaking. Under the Act, “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. A trademark can also be a colour mark, a sound mark, a smell mark, a motion mark, a taste mark, or a hologram mark, just to name a few. 2. WHAT ARE SOME USE(S) OF A TRADEMARK? Some of the uses of a registered trade mark are as follows: i. Conferring a property right on the proprietor of the trade mark, who is entitled to the rights and remedies provided by the Act. ii. Protecting the proprietor’s right of ownership and interest in the mark, by ensuring that the proprietor has the exclusive right to use the mark to identify his goods and/ or services, or to authorise another to use it in return for payment. It is important to note that the rights of the proprietor have effect from the date of filing of the application for registration. iii. Enabling a proprietor to guarantee the quality of goods and standard of services for which the mark is used. 3. HOW TO APPLY FOR REGISTRATION OF A TRADEMARK? An application for registration of a trademark shall be made to the Registrar of Industrial Property at the Trade Marks & Designs Directorate of the Jamaica Intellectual Property Office (the ‘JIPO’). The requisite form that is to be completed for submission to the JIPO is a ‘Form TM1’. The Form TM1 must be submitted with the prescribed fees as outlined below. 4. WHAT ARE THE APPLICATION FEES ASSOCIATED WITH REGISTERING A TRADEMARK? STAGE ONE: UPON APPLICATION A. The fee of J$13,700.00 should be paid upon filing of the Form TM1. This fee includes one class, that is, where the applicant is applying for registration of the mark in one class/ one category, the above-mentioned fee covers the one class that the applicant requests for the mark to be registered in. B. If the mark is to be registered in more than one class, the applicant is required to pay the fee of J$13,700, in addition to the prescribed fee of J$4,200 upon filing of the Form TM1 at the JIPO. STAGE TWO: UPON ACCEPTANCE OF REGISTRATION Once the registrar accepts the application of the mark for registration, the applicant will be required to make a second payment of J$17,700. This fee includes the cost of publication of the mark in JIPO’s monthly Intellectual Property Journal. MISS ALECIA VIDAL Manager, Trademarks, Designs and Geographical Indications Your mark matters! Protect your trademarks!
IX THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | In our current technological era, generative artificial intelligence (AI) has become a transformative force, reshaping several sectors from education to agriculture. Its impact on copyright law, however remains a complex and largely unexplored territory. WHAT IS GENERATIVE AI? Generative AI tools can create new content, such as text, computer code, images, audio, and video, in response to a user’s prompt, such as a short, written description of the desired output. Current examples of generative AI tools include ChatGPT and Jasper. Generative AI possesses the ability to generate creative content and poses unique challenges to established copyright norms. These tools can produce literary, musical, dramatic, and artistic works, muddling the waters for human creativity, the foundation of copyright, and machine output. GENERATIVE AI AND COPYRIGHT Copyright law protects the rights of human authors, recognising their skill, labour and judgement. However, when an AI tool generates content, there is a question of who is the author of the copyrighted work. Section 6(1) of Copyright Act of Jamaica (the Act) states that copyright is a property right that exist in original literary works, artistic works, dramatic works, musical works, and sound recordings. Further, section 22 of the Act states that the author of a protected work is the first owner of any copyright in that work unless there is an agreement to the contrary. The Act in section 2 defines “Author” as a “person”, and while the Act does not define “person” the ordinary definition from the MerriamWebster Dictionary defines “person” as a human being. Pursuant to the Act, in relation to computer-generated works, the author is the person by whom the measures required for the creation of the work are undertaken. Therefore, AI is not recognised as an author under the Act. IMPACT OF GENERATIVE AI While the present law is clear as it relates to AI-generated content, this matter has to be addressed in a way that protects copyright owners without overly restricting technological advancement. Some argue that AI-generated content should not be subject to copyright protection. They contend that copyright law was intended to incentivise human creativity, not machine output. Moreover, granting copyright protection to AI-generated content could flood and saturate the creative market to a degree humans would not be able to compete with, potentially diminishing the value of creative works. On the other hand, some believe that AI-generated content should be protected, but the rights should belong to the human creators behind the AI. This perspective acknowledges the intellectual effort involved in designing and training AI tools. Irrespective of the position one takes, it’s clear that current copyright laws would need to be amended to address issues that may arise in the copyright landscape because of generative AI. Stakeholders must engage in discussions to navigate these uncharted waters. It is important that there is a balance between encouraging innovation and protecting intellectual property, ensuring a fair and progressive digital future. MR VIVIAN ROSE Copyright and Related Rights Manager Generative artificial intelligence and copyright: Navigating uncharted waters Generative AI tools can create new content, such as text, computer code, images, audio, and video, in response to a user’s prompt, such as a short, written description of the desired output.
X THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | In particular, we provide the following patent services: - Patent searches - Patent drafting - Patent registration - Commercialisation of patents With the cplimen INNOVATION SUPPORT “Let us help you get your innovations to market!” Contact Loreen Walker, LLM (London) Attorney-at-Law at 876-279-9653 or Email: wehelpuinnovate@gmail.com We provide services for all types of intellectual property rights such as copyright, trade marks, geographical indications and patents. WHAT IS INNOVATION? Innovation refers to the process of creatively transforming an idea into a new or improved product or process that has a value to a consumer, while research and development (R&D) is the activities that companies undertake to achieve their innovation. R&D is often the first stage in the product development process. Companies require knowledge, talent, and investment in order to achieve their R&D needs. Innovation and economic growth go hand in hand; innovation is the catalyst for growth. Therefore, the question is, how can Jamaican entities use innovation to enhance their social and economic performance? The answer is more simplistic than you may realise; it can be attributed to the use and understanding of technology transfer tools and the formalisation of our creativity through the protection of intellectual property, namely, patents and utility models. WHAT IS A PATENT? A patent is an exclusive right granted for an invention by the state, which may be a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. WHAT IS A UTILITY MODEL? Similar to patents, utility models protect new technical inventions through granting a limited exclusive right to prevent others from commercially exploiting the protected inventions/innovations without consents of the right holders. A utility model provides protection of “minor inventions”through a system similar to the patent system. It recognises that minor improvements of existing products, which does not fulfil the patentability requirements, have an important role in an innovation system. The main differences between utility models and patents are: • the requirements for acquiring utility models are less stringent than for patents; • the term of protection for utility models is shorter than for patents; • the registration process is often simpler and faster; and • fees for obtaining and maintaining utility models are lower. WHY IS IT IMPORTANT TO PROTECT INNOVATION? Understanding how innovation and intellectual property (IP) interact can shed light on how innovation policies can help countries achieve long-term and sustainable economic growth. Without IPRs, investments made by companies in developing new products and processes, or even in simply devising new product ideas, are at risk. WHY IS IP IMPORTANT IN VALUE CREATION? An entity that owns IP can realise its value, mainly through commercialisation of its IP. Exploitation of IP by integrating it within the product itself; the sale or licensing of the IP to a third party, therefore leading to the reception of royalty rights, can generate a measurable amount of economic benefits to its owner/user. A well-crafted intellectual property strategy can help maximise the potential of your business. Using and understanding the IP rights, you can: • secure competitive advantages; • generate revenue streams; • facilitate access to financing; • attract investors and partners; • avoid and mitigate relevant risks. The adoption of a sound IP practice in any industry can lead to sustained economic development over time, thereby contributing to economic growth, innovation, competitiveness, and the improvement of living standards. JASON WONGSAM Assistant Patent Manager How protecting your innovation can lead to wealth creation
XI THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | Inventors are key drivers of technological progress and economic development. These contributions help to create new industries, jobs, and opportunities for people locally and regionally. Jamaica, with its rich creative and innovative culture, is on the cusp of an economic transformation if it can find a way to optimise the full potential of its inventors and creatives. In response, the Development Bank of Jamaica (DBJ), through the Boosting Innovation Growth & Entrepreneurship Ecosystems (BIGEE) Programme, introduced the Patent Grant Fund in 2022. The goal of the product is to assist inventors to file patents locally and in any jurisdiction of their choice. This BIGEE Programme is funded by the Government of Jamaica through a US$25-million loan from the Inter-American Development Bank (IDB) which has been established to ensure robust and sustainable entrepreneurial ecosystems for Jamaica. The patent grants are valued at J$4 million each and are to be used to finance patent application filing fees, engaging an attorney to conduct prior art search, assessment, drafting and filing, and preparation of other miscellaneous documents. The grant can be utilised for filing both locally or INVENTORS ARE CRITICAL TO JAMAICA’S GROWTH AGENDA Christopher Brown, Programme Manager, BIGEE, presents the Patent Grant Fund Award to Alison ‘Debbie’ Turner of Turner Innovations. (From left) Deputy Director/Legal Counsel, JIPO – Shantal English; Lu’Shana Cheddesingh, Technical Coordinator, BIGEE, DBJ; and Executive Director, JIPO, Lilyclaire Bellamy, following DBJ-JIPO Intellectual Property webinar. Rayvon Stewart, Chief Executive Officer, Xermosol Supplies Limited, accepts an award from Christopher Brown, BIGEE’s Programme Manager. DBJ PATENT GRANT FUND … a funding source for commercialisation PLEASE SEE AGENDA, 12
XII THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | internationally for provisional or patent applications. To date the DBJ has awarded four (4) Jamaican inventors with grants totalling J$16 million to file patent applications in multiple jurisdictions. The awardees are Turner Innovation; Xermosol Supplies Limited; Consolidated Environmental Research Laboratory (CERES); and Carbon Neutral Initiative Limited. These inventors have already begun to witness success. Having received a grant from the DBJBIGEE, Turner Innovation’s machines are now in operation, facilitating the production of deseeded sorrel. Meanwhile, Carbon Neutral Initiative and Consolidated Environmental Research Laboratory are awaiting patent assessments for their respective products and poised to make further strides in innovation not only locally but on a global scale. Xermosol Supplies Limited’s, self-cleaning door handle device has completed the international phase of the WIPO administered Patent Cooperation Treaty (PCT) and has established patentability. The application is now eligible to enter the national phase of the jurisdictions designated for registration and the national law would determine whether a grant is recommended. This is an unprecedented achievement for Jamaica, regarding PCT applications. The DBJ maintains a deep and abiding relationship with the Jamaica Intellectual Property Office (JIPO) the agency that is responsible for administering intellectual property in Jamaica and providing public education. Over the past year, the DBJ and JIPO have collaborated on series of webinars on topics relevant to IP and specifically to how innovators can monetise their inventions. The webinar series is a quarterly event and will continue for the remainder of 2024. The panellists at the DBJ-JIPO Webinar on ‘Intellectual Property demystifying the myths’. (From left) Shantal English, Deputy Director/Legal Counsel, JIPO; Alison ‘Debbie’ Turner, Co-Founder, Turner Innovations; Jovan Evans, Founder, Aqua Flow Products & Service Limited; and Lu’Shana Cheddesingh, Technical Coordinator, BIGEE, DBJ. Nkrumah Fong, Founder of CERES Laboratory, gets an award from Christopher Brown, Programme Manager – BIGEE. AGENDA CONTINUED FROM 11
XIII THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | As the Jamaica Intellectual Property Office (JIPO) celebrates Intellectual Property Week 2024, I would like to commend JIPO on the work they have been doing to protect the original work of individuals and organisations in our country. This process often overlooked has many benefits. The most obvious being exclusive rights to your works in the countries where you have secured protection. Whether it is through patents, copyrights, trademarks, or designs, intellectual property protects what your mind conceives. I recently had the pleasure of depositing my children’s book entitled “Dog Tales”through JIPO’s Voluntary Copyright Registration Service, which provided additional evidence in support of my copyright ownership. The process was seamless. Not only were the staff at JIPO helpful but they were knowledgeable and acted as trusted guides in the process. I’m assured that during my lifetime and even long after, my book is legally protected, and I can benefit from my creation. Additionally, no one can use the work without my consent. The same goes for comics we have created – The Adventures of Sprucey and Limey and our recent podcast series “Jamaica’s Tourism Titans” which were also deposited with JIPO through the Voluntary Copyright Registration Service. Jamaica has a plethora of individuals who continue to come up with creations of the mind from literary and artistic works, to designs and symbols used in businesses and more. Many of our young people in particular are innovating in many spheres, and it is important from an economic perspective that we remain the beneficiaries of our hard work and creativity. Creators, visit the Jamaica Intellectual Property Office to protect your rights, today! MARLINE STEPHENSON DALLEY Utilising JIPO’s Voluntary Copyright Registration and Deposit System Jamaica has a plethora of individuals who continue to come up with creations of the mind from literary and artistic works, to designs and symbols used in businesses and more.
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