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Custom Recordal of IPRs in Jamaica

Jamaica

Custom Recordal of IPRs
Yes
No
Yes
The Copyrights Act and the Trademarks Act form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Jamaica.
The procedure of customs recordal is effective on both the import and export of goods.
It is the role of the customs to intercept infringing goods in accordance with the established law in favour of the rights of the proprietors as well as the consumers. To meet such ends, the customs admit request of legitimate proprietors against infringing goods as well as act on their own motion to prevent misleading words. The entire operation, starting from the detention of goods till the destruction of goods, is supervised and controlled by the customs authority in consonance with the directions of the Comptroller of customs as well as the court. It is the role of the customs to act judiciously while dealing with such goods to meet the ends of justice.
For recording IP with the customs, a written request has to be made to the Commissioner of Customs by either the proprietor of a registered trademark or a licensee.
While making the application, the applicant has to adduce the following:
  • That he is the proprietor or, as the case may be, the licensee of the registered trademark;
  • That at the time and place specified in the notice, the goods, which are infringing the goods in relation to that registered trademark are expected to arrive in Jamaica; and
  • That he requests the Commissioner to treat them as prohibited goods under the Customs Act.
Yes
There is no time limitation prescribed as such; however, the intimation of such sort shall be given at the earliest instance.
Yes, the customs department has a centralized system.
No, there is no online system. A written request has to be made.
The period specified in a notice given shall not exceed 05 years and shall not extend beyond the end of the period for which the copyright may subsist.
Yes
The customs department suspends the clearance of imported or exported goods either at the request of the rights holder or while the customs act in an ex officio capacity to prevent the influx of infringing goods entering into the markets of Jamaica. Such clearance remains suspended until the court makes a final determination concerning those goods, or where due to lack of the rights holder’s cooperation the customs deem it appropriate to release the goods.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
Yes
The amount of additional bond is ordered by the Commissioner of Customs as per the liability or expense that may be borne by the authorities by reason of the detention of any article or anything done to detain the said article.
No
No
No
N/A
The possible remedies awarded by the court include forfeiture and destruction of goods outside the channels of commerce. Re-importation of such goods shall not be permissible on any account.
Yes