1   Short title

   2   Interpretation


Establishment and Functions of Office

   3   Establishment of Office

   4   Functions of Office

   5   Ministerial directions


Financial Provisions; Annual Report

   6   Funds and resources of the Office

   7   Borrowing powers

   8   Advances and grants to Office

   9   Repayment of and interest on advances and sums issued to meet guarantee

   10   General financial duties

   11   Accounts and audit

   12   Annual report and estimates

   13   Exemption from customs duty, etc

   14   Exemption from income tax, transfer tax, stamp duty, fees


Advisory Board

   15   Advisory Board

   16   Functions of Advisory Board



   17   Secrecy

   18   Regulations

   19   Amendment to Trade Marks Act, 1999




[Date of Commencement: 1st February, 2002]

Act 25 of 2001.

Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Jamaica Intellectual Property Office Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "Board" means the Advisory Board established under section 15;

   "Executive Director" means the Executive Director of the Office appointed under paragraph 2 of the First Schedule;

   "functions" includes powers and duties;

   "Office" means the Jamaica Intellectual Property Office established under section 3;

   "relevant law" means:

   (a)   The Copyright Act;

   (b)   The Designs Act;

   (c)   The Layout Designs (Topographies) Act;

   (d)   The Merchandise Marks Act;

   (e)   The Patents Act;

   (f)   The Trade Marks Act; or

   (g)   any other enactment relating to the conferment of or protection and administration of intellectual property rights.

Establishment and Functions of Office (sections 3-5)

3   Establishment of Office

   (1) There is hereby established a body to be known as the Jamaica Intellectual Property Office which shall be a body corporate to which the provisions of section 28 of the Interpretation Act shall apply.

   (2) The provisions of the First Schedule shall have effect as to the constitution of the Office and otherwise in relation thereto.

4   Functions of Office

   It shall be the duty of the Office to-

   (a)   administer all relevant laws;

   (b)   advise the Minister on matters relating to the administration of such laws;

   (c)   promote the progressive development of intellectual property rights in Jamaica;

   (d)   carry out such other functions relating to intellectual property rights as the Minister, after consultation with the Executive Director, may determine;

   (e)   exercise any power and perform any function conferred on it by or under this Act or any relevant law, and to do all such other things as in the opinion of the Office are necessary or incidental to the proper performance of its functions.

5   Ministerial directions

   The Minister may give to the Office such directions of a general nature, as to the policy to be followed by the Office in the performance of its functions under this Act and under any relevant law, as the Minister considers necessary in the public interest, and the Office shall give effect to those directions.

Financial Provisions; Annual Report (sections 6-14)

6   Funds and resources of the Office

   The funds and resources of the Office shall consist of-

   (a)   such sums as may be provided by Parliament for the Office in the annual estimates of revenue and expenditure;

   (b)   such sums as may be allocated from time to time to the Office from loan funds;

   (c)   any property, mortgages, debentures, or investments acquired by or vested in the Office, and any moneys earned or arising therefrom;

   (d)   sums borrowed by the Office for the purpose of meeting any of its obligations or discharging any of its functions;

   (e)   revenues derived from charges imposed by the Office for the use of any facility or service provided by it;

   (f)   revenue from registration or other fees charged consequent on the administration of the relevant laws;

   (g)   all other sums or property which may in any manner become payable to or vested in the Office in respect of any matter incidental to its functions.

7   Borrowing powers

   (1) Subject to the provisions of subsection (2), the Office may borrow sums required by it for meeting any of its obligations or discharging any of its functions.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.