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Telephone: +44 (0)1534 500 900
Facsimilie: +44 (0)1534 500 901

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IP News with Grant Twine

Intellectual Property Legislation

Tuesday, November 30, 2010

Modernised copyright law approved

The States of Jersey today approved the modernisation of the century old  Copyright Law when the new Intellectual Property (Unregistered Rights) (Jersey) Law was adopted by 46 votes to one. Economic Development Minister, Alan Maclean, told States members that the law represented 'a global opportunity' for Jersey, and  Basel eBusiness is ensuring it is well placed to offer IP rights holding vehicles as soon as the new legislation is sanctioned by Her Majesty's Council, which is expected to now be finalised and effective in early 2012.    

Tuesday October 12, 2010 – Draft copyright law lodged

The draft 'IPURL' legislation paper has now been finalised by the Jersey Law Office and was today lodged to be debated  by the Council of Ministers on the 30th November States Assembly, to hopefully become effective mid-2011.

A review has also recently been commissioned by the States of Jersey for Deloitte & Touche to report and advise on Intellectual Property holding structures, improving tax and registration processes, achieving compliance and to generally investigate and evaluate the opportunities that the restructured law will offer. Their paper is expected to be delivered to the States in time for the debate. In tandem to the work on the new law, the States are also focused on meeting the criteria to sign up to various World Intellectual Property Organisation (WIPO) treaties, in particular the Paris and Berne Conventions.

Basel eBusiness is ensuring it is well placed to offer IP rights holding vehicles as soon as the new legislation is in force.

Background

Jersey’s current intellectual property laws date back as far as 1908. Jersey is currently in the process of updating these laws to ensure that there is good protection for works such as books, films or CD's as well as inventions and brands created by Islanders and International businesses.

The new law

Improving Jersey’s attractiveness as a jurisdiction for intellectual property related business will mean achieving compliance with international conventions and agreements in the relevant areas. Two areas are particularly important, the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS), which is administered by the World Trade Organisation, and the Paris Convention for the Protection of Industrial Property.

Following consultation Jersey has looked at three areas of IP:

  1. The draft Copyright (Jersey) Law
  2. The draft Design Right (Jersey) Law
  3. The draft Performers’ Protection (Jersey) Law

These three laws have now been restructured into a single law, the ‘draft Intellectual Property (Unregistered Rights) (Jersey) Law (referred to as ‘IPURL’).

To discuss how Basel eBusiness can help with your Intellectual Property,  please call Grant Twine, Managing Director on +44 (0)1534 500 900 or fill out the form opposite and have us call you.