Intellectual Property Regime

A modern IP regime is essential for the development of industry and commerce

Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce. An efficient and equitable intellectual property system can help all countries to realize intellectual property’s potential as a catalyst for economic development and social and cultural well-being. The Government has recognized the importance of a modern intellectual property regime as critical to striking a balance between the interests of innovators and the public interest, providing an environment in which creativity and invention can flourish, for the benefit of all.

Recent activities geared towards the development of a modern intellectual property regime include:

Amendments to the Copyright Act - This legislation allows creatives and innovators longer periods of exploitation and income earning from their works. The ability of our creators of IP is also further enhanced with the recognition of intellectual property as a form of collateral through the Security Interests in Personal Property (SIPP) Act 2013.
Protection of Country Names - The Government, through JIPO, has initiated the process of amending the Trade Marks Act to explicitly protect country names, including the country name “Jamaica” from misuse. The proposed amendment will protect the country name “Jamaica” and other country names against trademarks, which use the country name but do not originate in the named country.
Proposed Amendments to the Trade Marks Act - These amendments will primarily assist in Jamaica’s accession to the Madrid Protocol, which allows international registration and protection of trademarks in up to 96 members of the Madrid Union, through one application process.
Proposed Amendments to the Protection of Geographical Indications Act – These amendments will see the higher level of protection afforded to wines and spirits under the World Trade Organization Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement being extended to non-wines-and-spirits. That means that all use of geographical indications, whether misleading or not, in relation to all goods which do not originate in the place identified by the geographical indication, will be prohibited.
Protection of New Varieties of Plants – The Government, through JIPO and the Ministry of Agriculture, is in the process of developing new legislation to protect the rights of breeders of new varieties of plants. This will facilitate and encourage innovation in relation to the breeding of new plant varieties, the registration of plant breeders’ rights as intellectual property in Jamaica, and the protection of farmers’ rights. The new law will complement existing intellectual property laws that will be of primary importance in relation to the cannabis industry.
Amendments to Patents & Designs Bill - The Government, through JIPO, is also in the process of enacting a new Patents and Designs Bill to ensure Jamaica’s international competitiveness and enable Jamaica to accede to the Patent Cooperation Treaty, and to the Hague System for the International Registration of Industrial Designs.
Protection of Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources – The Government is committed to the protection of the Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs) and Genetic Resources (GRs) in Jamaica. Jamaica is a strong supporter of the Regional Framework for the Protection of the TK, TCEs and GRs in the Caribbean region. The Trade Marks Act is currently being amended to prevent TK and TCEs of indigenous and local communities being registered as trade marks without genuine association and prior authorization or approval of those communities.

The Ministry

Welcome to the official website of the Ministry of Industry, Investment and Commerce.

The Ministry of Industry, Investment and Commerce is described as Jamaica's "Business Ministry." It's mandate is to lead the development of policies that will create growth and jobs, while achieving social inclusion and consumer protection. The Ministry, working its stakeholders is primarily responsible for business policy development, monitoring and evaluation, while giving direction and oversight to a cluster of implementing departments and agencies.

We have, therefore, placed much energy and enthusiasm into the development of this website to provide timely information on the Ministry, our agencies and programmes.