Industrial Designs Law in Jersey (Crown Dependency)
Here’s an overview of Industrial Designs Law in Jersey (Crown Dependency):
Industrial Designs Law in Jersey
Legal Framework
Jersey, as a Crown Dependency, has its own legal system separate from the UK.
Industrial design protection is provided under the Registered Designs (Jersey) Law 2007, which closely mirrors the UK’s Registered Designs Act 1949.
Jersey is not a member of the European Union but aligns with international IP agreements such as:
Paris Convention for the Protection of Industrial Property
The Hague Agreement for the International Registration of Industrial Designs (Jersey is a member)
Competent Authority
The Intellectual Property Office of Jersey (IPOJ) is responsible for the registration and administration of industrial designs.
Key Features:
Definition of Industrial Design
Industrial designs protect the appearance of the whole or part of a product resulting from features such as lines, contours, colors, shape, texture, or materials.
The design must be new and have individual character.
Registration Process
Applications are filed with IPOJ and must include:
Representations of the design (drawings, photographs, or other visual representations).
Description of the product to which the design applies.
The IPOJ examines applications for compliance with formalities and registrability.
Upon acceptance, designs are registered and published.
Duration and Renewal
Initial protection is for 5 years from the filing date.
Can be renewed for up to four additional 5-year periods, for a maximum term of 25 years.
Rights Conferred
Registered design owners have the exclusive right to prevent unauthorized use, making, selling, or importing of products bearing the protected design.
Grounds for Refusal
Lack of novelty or individual character.
Designs dictated solely by technical function.
Designs contrary to public policy or morality.
Enforcement
Owners can enforce their rights through the Jersey courts, seeking injunctions, damages, and orders for destruction of infringing goods.
Customs may assist in enforcement against counterfeit imports.
International Protection
Jersey is a contracting party to the Hague Agreement, allowing international registrations designating Jersey.
Priority rights are recognized under the Paris Convention.
Summary
Jersey offers robust industrial design protection through a registration system aligned with UK law and international treaties. Protection can last up to 25 years, with enforcement available in local courts.
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