Cayman Islands: HSM IP Recognises Cayman’s Trade Marks Law Anniversary

Last Updated: 31 August 2018
Article by HSM IP

HSM Chambers

Earlier this month on August 1 marked one year since The Trade Marks Law, 2016 was implemented in the Cayman Islands.

This law has made it easier for businesses and brand owners to register their trade marks which may comprise of symbols, slogans, logos and other elements directly in the Cayman Islands. Previously all applications had to go through the United Kingdom or European Union before they could be extended to the Cayman Islands.

Cayman Islands: Trade Marks Enjoy Year of Growth
Last Updated: 24 August 2018

Cayman Islands Government

The modernised legal framework for intellectual property (IP) in the Cayman Islands features a new Trade Marks Law that has facilitated a year-long surge in local registrations for company brands.

‘Direct trade marks registration has been strong’, said Candace Westby, Head of Intellectual Property for the Cayman Islands Intellectual Property Office (CIIPO). ‘Under the previous law, we averaged 300 applications per year. But since the August 2017 commencement of the new Trade Marks Law, we’ve doubled that number – we’ve received 621 applications in the past 12 months’.

Cayman Islands: At a Glance Guide to Protecting your Business and Reputation in Cayman

Last Updated: 13 July 2018
Article by Cline Glidden

Ogier

You can read the infographic version of our guide here.

When you have spent years – and sometimes generations – building up a business, a reputation and a client base, it makes sense to take simple steps to protect that brand.

Without protecting your trademarks and brand, competitors can mimic your business – taking advantage of your work and reputation, while simultaneously devaluing it with their own products or services.

The Trade Marks Law, 2016 came into effect last August, allowing local businesses to protect their trademarks and intellectual property without first registering in the UK or EU.

Jamaica: Jamaica Trade Marks Act 2013 Amendments
Last Updated: 18 June 2018
Article by Dianne Daley

Foga Daley

The Trade Marks (Amendment) Act (2013), which took effect on August 31, 2013, updated the Jamaica’s Trade Marks Act and Rules in several respects including changes in relation to opposition and revocation proceedings, the rights of an earlier user, registration of security interests and the assignability of trademark applications.

Jamaica: The 2015 Jamaica Copyright Amendments – Major Changes

Last Updated: 13 June 2018
Article by Dianne Daley
Foga Daley

In 2015 sweeping changes were made to Jamaica’s Copyright Act through the Copyright (Amendment) Act of 2015 in force July 30, 2015 including new and expanded rights for copyright owners and performers and with that, new liabilities, offences and exceptions to infringement and a revival of Crown Copyright. Perhaps, most impactful, is an extension of the already long duration of copyright. Some of the changes brought about by the amendments were gestating for over ten (10) years while others gained momentum in a relatively short space of time.

The Copyright (Amendment) Act of 2015 is the most substantial set of amendments since the 1993 Act. It brought into effect several major substantive & administrative changes including:

  • Extension of Duration of Copyright and Rights in Performances
  • Express provisions on Ownership of Copyright and Crown Copyright
  • New/expanded right for copyright owners
  • New rights for Performers and Persons with Exclusive Recording Rights
  • Offences for the circumvention of Technological Protection Measures (TPM) and altering of Rights Management Information (RMI).
  • Liabilities & Exemptions for ISPs
  • Exceptions for the Visually and Hearing Impaired
  • New Provisions on Orphan Works
  • Exceptions in relation to sound recordings
  • Statutory Copyright Registration
  • Regulation of Collecting Societies (Regulations still pending)

Jamaica: 3M Company Wins on Appeal as the Court Rules M3M and 3M Marks Similar and Likely to be Confused

Last Updated: 3 April 2018
Article by Dianne Daley

Foga Daley

In a decision that became final on August 11, 2017, the Court of Appeal of Jamaica overturned the May 30, 2014, Supreme Court ruling of Mr. Justice Sykes who previously held that the 3M mark owned by 3M Company and a stylized 3M and device (M3M) mark owned by Manufacturera 3M. S.A. de C.V (both illustrated below) were not similar and that there was no likelihood of confusion between them.

Dominican Republic: The Executive Branch Issued the Decree No. 436-17 by which the National Copyright Office (ONDA) Is Ascribed to the Ministry of Industry, Commerce and SMB (MIC)

Last Updated: 13 March 2018
Article by Pamela Hernandez

Minino Abogados

On 19 December 2017 the Executive Branch issued the Decree no. 436-17 by which the National Copyright Office (ONDA) is ascribed to the Ministry of Industry, Commerce and SMB (MIC).

In particular, the new decree modifies the article 104 of Decree no. 362-01 “Reglamento de aplicación de la Ley 65-00 sobre Derecho de Autor” (regulation for the applicability of the Copyright Law 65-00), which stated that “The Copyright Unity is entrusted to the National Copyright Office, ascribed to Secretary of Culture, with all the obligations and responsibilities stated in the Law and the present regulation”, changing “ascribed to the Secretary of Culture” for “ascribed to the Ministry of Commerce and SMB”.

This change, further to the structural and organizational implications, may have relevant practical effects in relation to a more effective protection of copyright and related rights. Since the beginning of his administration, the Director of ONDA, Trajano Santana, along with his team, has been taking the necessary steps to dissociate ONDA from the Ministry of Culture and therefore obtain certain budget and financial liberty to provide better service to right owners.

Barbados: Barbados Compliant With IP Rights Protection

Last Updated: 29 January 2018
Article by Invest Barbados

Invest Barbados

Barbados is well-established in the international framework of intellectual property rights protection, thanks largely to the work of the Corporate Affairs and Intellectual Property Office (CAIPO).

This was intimated recently by Minister of Industry, International Business, Commerce and Small Business Development, Donville Inniss, at the opening of a two-day workshop on Brand Protection and Intellectual Property Rights Enforcement conducted by CAIPO at Baobab Tower, Warrens, St. Michael.

Acknowledging that the island had been a member of the World Intellectual Property Organisation (WIPO) since 1979, Minister Inniss said it was also a signatory to all key international agreements which are administered by

WIPO, and which serve to shape the intellectual property regime here.

Dominican Republic: the National Copyright Office and the Dominican Telecommunications Institute Sign Cooperation Agreement

Last Updated: 6 January 2018
Article by Minino Abogados

Minino Abogados

The National Copyright Office (ONDA) and the Dominican Telecommunications Institute (INDOTEL) signed an interinstitutional agreement for the mutual cooperation between these two entities in the fight against piracy of cable signals and content in Dominican Republic. Congratulations to both institutions for their great work as well as to the Public Prosecutor Office specialized in high technology crimes, which has also participated in the work sessions and expressed support to both entities.

Cayman Islands: Trademark Talk
Last Updated: 8 December 2017

Article by Peter Colegate and Natalie Lazenby

Appleby

Cayman calling

They will help FinTech thrive, but the Cayman Islands’ new IP laws could also expose trademark owners to bad faith actions

While much of the Cayman Islands’ financial services legislation was written before the FinTech revolution began, recent years have seen the jurisdiction take legal and regulatory steps that will allow FinTech innovation to thrive.

In particular, Cayman has the potential to become an important offshore hub for the development and commercial exploitation of IP rights with updated copyright, trademark and patent laws all coming into force during 2016 and 2017. Cayman has a large stake here.

Dominican Republic: DGA has Proactive Approach Towards Fight Against Counterfeiting

Last Updated: 6 January 2018
Article by Minino Abogados

Minino Abogados

We applaud the proactive approach of the Intellectual Property Department of the Dominican Customs in the fight against counterfeiting. Our associate Pamela Hernandez represented our clients in a recent destruction of counterfeit goods retained by Customs in boarder measures.

http://www.elnuevodiario.com.do/mobile/article.aspx?id=505415

Jamaica: Top 250 Women In IP by IP Stars For 2017

Last Updated: 14 July 2017
Article by Dianne Daley

Foga Daley

Intellectual Property Partner Dianne Daley is among the top 250 women from around the world in Intellectual Property. Dianne is one of only two IP Lawyers from the Caribbean who made the list of “IP STARS Top 250 Women in IP. IP Stars recognises female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year. Those who made the list are also individual IP stars in their respective jurisdictions.

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