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.
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