Patents Laws in Jersey (Crown Dependency)
Jersey, a Crown Dependency of the United Kingdom, has its own legal system and intellectual property laws, distinct from those of the UK. Hereβs a summary of the patent laws in Jersey:
π 1. Legal Framework
Primary Law: The Patents (Jersey) Law 1957, as amended.
Administered by the Intellectual Property Office under the Jersey Financial Services Commission (JFSC).
π οΈ 2. Patent Protection in Jersey
Jersey does not have its own substantive patent examination system. Instead, it relies on the recognition of patents granted in other jurisdictions, mainly:
United Kingdom
European Patent Office (EPO)
International patents under the Patent Cooperation Treaty (PCT) (if they enter the UK phase)
π Re-registration System
Jersey uses a re-registration system for patents.
If you have a granted UK patent, you can re-register it in Jersey.
The term of protection in Jersey mirrors that of the UK patent.
β Requirements to re-register:
The UK patent must be granted.
Application must be filed in Jersey within 3 years of the UK grant.
Appropriate fees must be paid.
ποΈ Duration and Renewal
Patent protection in Jersey lasts as long as the corresponding UK patent, typically up to 20 years from the filing date.
Annual renewal fees are payable in Jersey, just like in the UK.
π Enforcement
Patent rights in Jersey can be enforced through the Royal Court of Jersey.
Infringement of a registered patent is actionable, and remedies include:
Injunctions
Damages or account of profits
Delivery up or destruction of infringing goods
π« No Patent Filing from Scratch
You cannot file a new or original patent application in Jersey independently of a UK patent.
Jersey is not a PCT contracting state.
π Practical Steps for Patent Protection in Jersey:
File and obtain a UK patent or a European patent (designating the UK).
Within 3 years of grant, file for re-registration in Jersey with the JFSC.
Pay applicable fees and provide documentation (e.g., certified copy of the UK patent).
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