Recently Established Registration Systems for Geographical Indications JAMAICA

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Recently Established Registration Systems for
Geographical IndicationsJAMAICA

• Loreen Walker
• Executive Director
• Jamaica Intellectual Property Office

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The Island Of Jamaica
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Things Jamaican
Jamaica Blue Mountain Coffee
Jerk
Reggae
RUM
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The Protection of Geographical Indications Act,
2004.
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General Features

• The wording of the Act closely mirrors section 3,
  articles 22-24 of the TRIPS Agreement
• A geographical indication is defined as an
  indication which identifies a good as originating
  in the territory of a country, or a region or
  locality in that territory, where a given
  quality, reputation or other characteristic of
  the good is essentially attributable to its
  geographical origin.

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General Features (Contd)

• There are two levels of protection
• Lower level protection for indications other than
  those relating to wines and spirits where use
  which misleads the public as to the geographical
  origin of the good or unfair competition must be
  proved
• Higher level protection for indications relating
  to wines and spirits.

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General Features (Contd)

• Trade marks applied for or registered in good
  faith or trade mark rights acquired through use
  in good faith before the coming into force of the
  Act or before the geographical indication is
  protected in its country of origin will not be
  prejudiced on the basis that the trade mark is
  identical with or similar to a geographical
  indication.

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General Features (Contd)

• The Act preserves the continued and similar use
  in Jamaica of a geographical indication of a WTO
  members identifying wines or spirits in
  connection with goods or services produced by any
  citizen or resident of Jamaica who has used the
  indication continuously with regard to the same
  or related goods or services in Jamaica for at
  least 10 years preceding April 15, 1994 or in
  good faith preceding that date.

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General Features (Contd)

• Excluded from protection are
• indications which in their country of origin are
  not or have ceased to be protected or have fallen
  into disuse
• indications contrary to public order or public
  morality
• indications which have become generic.

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The Applicant

• The applicant can be any producer or group of
  producers carrying on an activity in the
  geographical area or a recognized organization.
• A producer is defined as
• a producer of agricultural products
• a person who exploits natural products
• a manufacturer of products of industry or
  handicraft
• a person who deals or trades in the above
  products.

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The Application

• The application must be made to the Jamaica
  Intellectual Property Office, specifically, the
  Registrar of Industrial Property and must contain
  the following information
• name, address and nationality of the applicant
• the capacity in which the applicant is applying
  for registration
• the geographical indication for which
  registration is sought

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The Application (Contd)

• the geographical area to which the geographical
  indication applies
• the good to which the geographical indication
  applies
• the good to which the geographical indication
  applies
• the quality, reputation or other characteristic
  of the good in relation to which the geographical
  indication is used.

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Opposition

• An application accepted for registration is
  required to be published which provides an
  opportunity for persons having an interest in the
  geographical indication to object to its
  registration.

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Registration

• The GI Act requires the Registrar to register all
  geographical indications which the Registrar is
  satisfied complies with the requirements of the
  GI Act and
• whose registration has not been opposed or
• where it has been opposed, the opposition has
  been resolved in favour of the applicant.

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Cancellation

• The Act provides for the cancellation of
  registration on the ground that the geographical
  indication does not qualify or no longer
  qualifies for protection.

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Right of Appeal

• There is a right of appeal against the decision
  of the Registrar of Industrial Property to a
  Judge of the Supreme Court sitting in Chambers.

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Register

• The Act mandates that a Register of Geographical
  Indications be kept which must be open for
  inspection by the public.
• Any producer carrying on an activity in a
  geographical area specified in the Register has
  the right, in the course of trade, to use a
  registered geographical indication in relation to
  the goods so specified if those goods possess the
  quality, reputation or other characteristics
  specified in the Register.

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Duration of Protection

• There is no time limit under the Act for the
  duration of the protection of the geographical
  indication.

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Legal Remedies for Infringement

• Civil
• injunction
• damages
• other appropriate remedies
• Criminal
• Resident Magistrates Court
• Maximum fine of J1 million (US1 J60) or a
  maximum term of 12 months or both fine and
  imprisonment.
• Circuit Court
• Fine or a maximum term of imprisonment of 5 years
  or both fine and imprisonment plus a pecuniary
  penalty where the person convicted derived a
  benefit from the commission of the offence.

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Present Status of Registrations

• No registrations have yet been made as the
  regulations which will contain detailed
  procedures for registration and the fees have not
  yet been finalized. JIPO decided to hold
  consultations with stakeholders to determine in
  particular, the procedure with respect to
  certification of quality, reputation or other
  characteristic of the good. This process was
  seen to be absolutely necessary as Jamaica has no
  experience in registering indications of origin
  and therefore does not have the necessary
  infrastructure in place.

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Present Status of Registrations (Contd)

• A number of goods have been identified for
  registration. JIPO is working with the producers
  of these goods to establish the necessary
  infrastructure. JIPO would like to thank ORIGIN
  Geneva for the help it has given to us so far.

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Registrable Indications - Jamaica Blue Mountain
Coffee

• Is only grown in the beautiful Blue Mountains of
  Jamaica.

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Registrable Indications - Jamaica Jerk Seasoning

• One of the main producers of this product is
  Walkerswood Caribbean Foods which is located in
  the Walkerswood Community in the parish of St,
  Ann, Jamaica. This product is owned by the
  community which provides most of the inputs.

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Registrable Indications - Jamaica Rum

• One of the main producers is J Wray and Nephew
  Limited which produces Appleton Rum. The rum is
  made at the Appleton Estate which has been
  producing rum since 1749. The Appleton Estate is
  located in the community of Appleton in the
  parish of St. Elizabeth, Jamaica.

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Thank you for your attention.Please visit our
website

• http//www.jipo.gov.jm
• Email info_at_jipo.gov.jm
• Phone [phone]