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Amendments to Trademark Laws

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Jan 11, 2017 (Newsletter Issue 1/17)
United Kingdom
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IP Laws Passed in Cayman Islands

On November 16, 2016, the Cayman Islands Government passed two IP laws: The Design Rights Registration Law, 2016 and The Patents and Trade Marks (Amendment) Law, 2016. Copies of the laws were published with Gazette No. 25 dated December 5, 2016.

The new Trade Marks Law has also been approved by Government and is expected to be published shortly on or before April 1, 2017.

The impact of The Design Rights is that the new law provides owners of original UK registered designs (UKRD) and registered Community designs (RCDs) with the opportunity to extend their rights to the Cayman Islands. The extension / re-registration process affords the owner with all the equivalent rights and remedies available to them in respect of that design right in the UK. The Cayman Islands does not have its own unregistered design right regime, so protection should be sought through the registration process.

The primary purpose of The Patents and Trade Marks (Amendment) Law is to essentially strip out all references to “trademarks” in the existing Patents and Trade Marks Law in order to make way for the new Trade Marks Law expected to come into force in 2017. Whilst under the new Trade Marks Law only national trade mark applications will be accepted in the Cayman Islands, the Patents law will continue only to provide for the re-registration/extension of UK Registered Patents to Cayman; there is no national registration route.

For more information, please see the article of the law firm HSM IP Ltd here

Source: HSM IP, Cayman Islands