Cayman Islands: New IP Laws come into force in August 1st of 2017

July 21, 2017

New IP laws for the Cayman Islands are set to come into force on August 1st of 2017.

As for now, there are three separate IP Laws: The 2016 Trademarks Law, the 2016 Patents and Trademarks Amendment Law and the 2016 Design Rights Registration Law, which had been published on August 31st of 2016. These laws were set to contour the way Intellectual Property in Cayman Islands was managed until then.

By having these three laws coming into force, the goal is to create, not only a system where trademark owners can register their trademarks directly in the Cayman Islands, but strengthen a system that allows the extension of design registrations from the UK or the EU, as well as providing amendments to the present system of patent extension from the UK.

The previous practice of re-registering UK and EU trademark registrations in the Cayman Island will cease July 31st. The Cayman Islands Intellectual Property Office will now only accept national Cayman Islands applications. Trademark applications will be examined on absolute and relative grounds and publication for a 60 day opposition period. The practice of paying annual trademark fees to keep trademarks enforceable will continue.

On the other hand, patents in the Cayman Islands will continue to be re-registered from UK registered patents.

Similarly to Patents, Design Rights in the Cayman Islands will be protected through the re-registration of UK Registered Designs or Community Designs. Design applications will only be examined on absolute grounds. If the IP Office is satisfied with the application it will issue a registration certificate. Cayman Islands will be genetically linked to the UK/EU designs regarding their expiring date. Annual maintenance fees will continue to be due.


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