Jersey
Patent/IP in Jersey
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Intellectual Property in Jersey
For a list of Patent Attorneys, please click on the 'Patent Attorneys in Jersey' tab located above.
Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.
Patents
Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.
To qualify for a patent, an inventor must invariably create something that is:
- Of patentable matter
- Unique to patentee
- Merited and can be utilised
- Innovative
- Non-obvious
Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.
Application for registration of a Patent in Jersey can only be made following registration in the UK.
Trademarks
Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.
Famous examples of trademarks are Coca Cola and McDonald's.
Trade Mark law in Jersey is governed by the Trade Marks Law.
The registration of a Trademark in Jersey confers to the proprietor the same rights as those in the UK. Said rights are valid from the date from registration in the UK, and remain in effect for as long as the UK registration. New Law also provides for the protection of EU and other international marks.
Copyright
Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.
Registration Office
Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom Tel: 01633 814000
Fax: 01633 817777
Website: www.ipo.gov.uk