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Enforcement of IPRs in Jamaica


Enforcement of IPRs
A major reason of counterfeiting and piracy is that the judiciary and lawmakers have been known for imposing penalties that aren’t deterrent enough to curtail subsequent instances of such infringing acts. Furthermore, there are a few prominent actors in the distribution of counterfeit goods, which include diverse Chinese, South Asian, and European groups, mediated by transit hubs, such as Dubai and Europe.
Handbags, footwear, cigarettes, and cigars most often face counterfeiting and piracy in Jamaica.
They are as follows:
  • The Jamaica Intellectual Property Office Act
  • The Copyrights (Amendment) Act, 2015
  • The Copyright Regulations
  • The Protection of Geographical Indications Act
  • The Protection of Geographical Indications Regulations
  • The Designs Act
  • The Designs Regulations
  • The Patent Act
  • The Trade Marks Act, 1999
  • The Trade Marks Rules, 2001
Copyright, geographical indications, industrial designs, patents, and trademarks are the different types of IPRs protected by IPR enforcement in Jamaica.
Yes - The statute of limitations for filing infringement actions is 06 years.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Actions that go to trial may take several years to be resolved.
A) Responsible Authority - Resident Magistrate Court (Parish Court), Circuit Court, Supreme Court
B) Imprisonment Term - Trademarks: 12 months to 05 years; Copyright: 02 to 05 years
C) Monetary Fine - Trademarks: 01 million dollars; Copyright: $100,000; Designs and Patents: $100 Dollars for every offence
The Arbitration Act, 1900 applies to arbitration in Jamaica, which was modelled on the UK Arbitration Act 1889. The UNCITRAL Rules are not incorporated into the Jamaican domestic law. Arbitrations have gained momentum in the field of commercial disputes, including IPR, due to its several advantages, like lower cost and processing time.
The remedies available under border control measures (customs) in Jamaica include destruction of infringing goods, fine, and imprisonment of up to 05 years.
The applicant must bear the costs of customs intervention during enforcement.
If an IP rights holder abuses the enforcement measures, the customs shall not be liable to treat the importer’s or exporter’s goods as infringing goods.
Court proceedings are the best practices for enforcement of IPRs in Jamaica.