CARICOM group seeks to protect traditional knowledge
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Introduction:
A CARICOM working group on traditional knowledge (TK), traditional cultural expressions (TCEs) and genetic resources went on a fact-finding mission in Jamaica. The group is made up of representatives from the Jamaica Intellectual Property Office (JIPO) and several of their counterparts from across the region. The aim of the group is to determine the best method of protecting the traditional knowledge that is specific and particular to Jamaica, and other Caribbean countries, which have been in use for several generations. Executive Director of JIPO, Carol Simpson, said that there are no international norms that protect these rights, hence the setting up of several working groups by the World Intellectual Property Organisation (WIPO) to examine the issue. The working group is carrying out similar missions across the Caribbean, and it is expected that the results from all the missions will be included in a report, with recommendations for protection, that will be submitted to the Governments of the region. The Governments will consider the report, in the hope of agreeing on measures to be put in place to prevent the misappropriation or misuse of the knowledge, information and genetic resources of Caribbean countries. (Source: Caribbean Net News, 25 June 2009)
If you have ideas, creations and other inventions which belong exclusively to you, getting a patent is the first step towards protecting them and earning income from these sources.
A patent grants the creator a monopoly in the use of an invention, barring others from profiting from the ideas within a specified period of time.
Beverlyn Brown, assistant patents manager with the Jamaica Intellectual Property Office (JIPO), notes that under existing patent legislation enacted in 1857, all the JIPO earns from applications is the $3 paid for recording the patent. New legislation is currently being drafted.
On submitting the application, a fee of $15 is payable to the attorney general and $25 to the government chemist or Bureau of Standards for examination.
Fortunately, the agency also deals with trademarks from which it earns the bulk of its income - approximately $8,000 for each mark, with $1,000 for every additional class requested.
In a patent application, the invention has to be fully described. An invention as described under the Patent Act is any new and useful process, machines, manufacture or composition of matters, or any new and useful improvement thereof. The conditions for grant of letters patent in Jamaica are:
1. Novelty - Not known or used in the island before; and
2. Public utility.
A patent will be effective up to 14 years from the date on which it is issued. This term may be extended through the offices of the governor general for a further term of seven years, if justifiable.
After a patent has expired, anyone may use or sell the invention in Jamaica, provided other patents are not infringed.
Note that protection in foreign countries can only be secured by obtaining patents in such countries.
Correspondingly, foreign patents do not protect an invention in Jamaica.
You can get a patent by filing a petition accompanied by a declaration and specification with the JIPO.
As noted by the JIPO, if an inventor is confident that he is able to give a clear and detailed description of his invention, he may elect to prepare the specification himself.
However, since the preparation of patent documents is quite complex, it is recommended that an attorney-at-law with experience in the specialised field be consulted.
required Documents
Documents required include the petition, declaration, specification in duplicate and form of letters patent.
If the application is not being filed by the inventor, the following documents may also be required: power of attorney, assignment and affidavit.
The petition is the formal request to the governor general for grant of letters patent.
A declaration is a sworn statement made by the inventor or his assignee in the presence of a justice of the peace that to the best of his knowledge he is the true and first inventor and that the invention is not in use by any other person or persons.
The specification is the written description of the invention.
Note that the specification is a public document and the law requires that it be presented in such detail that those who use it would be able, if the instructions are followed, to reproduce the invention.
In order that a proper examination and evaluation may be carried out, a specification must contain a number of elements, and usually in the following order:
a. A discussion of the prior art, that is, background information and a statement of the problem to be solved.
b. Statement of the object of invention, that is, the benefits to be provided.
c. A summary or definition of the invention, that is, the solution to the problem that the invention will provide.
d. Detailed elaboration of all aspects of the invention.
e. Description of the usefulness of the invention.
f. Working examples which support the claims.
It may be found that the invention is claimed in some prior patent. In such a case, a patent could not be granted. A search may save the expense of filing an application, which would be rejected. A search can be made at the Jamaica Intellectual Property Office.
In view of the possibility of another inventor filing an application for the same invention, the application should be filed at the JIPO as soon as it is has been completed.
If two or more inventors work together to make an invention, they are joint inventors and should file a joint application. The patent will be issued to them jointly.
patent infringement
A patent holder can sell all or any part of his interest in his patent by assignment. If a patent is infringed, the owner may sue the infringer in court. It is the owner's responsibility to protect his rights.
The patent grants the right not only to exclude others from making, but also from using or selling the invention in Jamaica.
A prerequisite to grant of patent is that the applicant publish a notice of application in the gazette and a daily newspaper once per week for four consecutive weeks.
The grant of letters patent is revocable by the Supreme Court in circumstances where the grant is contrary to law, the patentee is not the true inventor, and if the alleged invention is proven not to be new.
