INTELLECTUAL PROPERTY – A NEW SET OF TOOLS

In 2006 the Bailiwick added a new set of opportunities and challenges to develop business enterprise through the use of intellectual property.

The previous intellectual property rights in force in the Bailiwick had become very dated being based on the 1911 Copyright Law and the 1922 Patents, Trademarks and Design Rights Ordinances.  The old legislation did not meet our international obligations and did not recognise the many developments in technology and business methods which have occurred over the last 100 years.

 

The new legislation covers not only traditional areas such as copyright in books or patents in inventions but includes protection for software, media transmissions, business method patents and bio-technical inventions.  Databases, which are an important component of financial services, are also included as a separate ordinance.

 

The timetable is that from 1^st January 2006 those rights which do not require registration will be enabled into Guernsey law. From 1^st March 2006 those rights requiring registration will be enabled into Guernsey law.

 

A list of the rights is given in the table below:

Rights Not Requiring Registration

 

Copyright

Unregistered Design Right

Database Right

Performers Right

Integrated Circuit Right

 

Rights Requiring Registration

 

Patents

Trademarks (including geographical indicators)

Plant Variety Rights

Bio-technical Rights

Plant Patents

Registration Services

The new IP rights will be complemented with a modernised registration service.  The registration process will no longer require an application to the Court but will be administered by a separate registration office.  On the 1st July 2008 the new Guernsey Registry will open its doors and you can find out all about the exciting services available by visiting their web site at www.guernseyregistry.com

New Tools a Whole New World

It will be important for Guernsey businesses to become aware of the new rights defined in the legislation for example:

 

• The legislation addresses the following areas:

 

• A wide range of Intellectual assets will be recognised in law in the Bailiwick of Guernsey and businesses will need to acquaint themselves with the new assets possessed within their company.

 

• The Intellectual Property Law clearly defines the relationship between employers and employees in relation to the ownership of intellectual assets produced during the course of employment.

 

• It is now possible to carry out a first registration of trademarks in the Bailiwick providing the opportunity for developing brand management of trade marks from the Islands.

 

• Meeting the requirements for the international standard of TRIPS should mean that enforcing Bailiwick business IP rights in other jurisdictions will be more enforceable under reciprocal international agreements. 

If you know the IP assets of your business you can protect them and look at new ways of exploiting your business potential. The IP legislation was needed to bring the Bailiwick in line with International standards. We can now “tick that box” for new business and look at ways in which these assets maybe exploited from our off-shore jurisdiction.

 

J. P. Ogier.

Economic and Strategic Adviser.