MADRID PROTOCOL GUIDE FOR JAMAICA

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What is a Design?

A Design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or colours.

Designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles and architectural structures, from textile designs to leisure goods.

Designs are what make an article attractive and appealing; hence, they add to the commercial value of the product and increase its marketability.

How do you register for a Design?

An application for registration of a Design must be filed with the Jamaica Intellectual Property Office. The application must contain the particulars of the applicant, along with three (3) copies of the design itself, showing the different perspective views. The application must state what the design is applied to, and should identify the classes in which registration is sought.

Why protect a Design?

When a Design is protected, the owner—the person or entity that has registered the design, is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on investment.

An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and promoting more aesthetically attractive products.

Protecting Designs helps economic development by encouraging creativity in the and manufacturing sectors, as well as traditional arts and crafts. They contribute to the expansion of commercial activities and the export of national products.

What are the requirements for protection?

The application for the design is completed when:

• The applicant supplies basic personal information (name, nationality and address for service).
• States the class or classes of goods that the design is to be applied to.
• States the nature of the design.

N.B. Application Fees are Non-Refundable

Acts and Agreements

• Design Act
• Design Act - Rules

DESIGNS

• [ Design Form 12]

Application/or Registration of a Design

• [ Patent Form 13]

Application to Amend a Design Application or Registration

• [ Patent Form 14]

Notice of Opposition to the Registration of a Design

• [ Patent Form 15]

Application for Renewal of a Design

• [ Patent Form 16]

Application to Register an Assignment, Licence, Mergers, Change of Name or Change of Address