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Cayman specialist tracking Bermuda IP developments

Kate Cleary, intellectual property paralegal, HSM Law (File photograph)

The Cayman law firm HSM Chambers have said they are thrilled to hear that the Bermuda Government is taking steps to update the island’s intellectual property laws.

And they have promised to monitor developments and keep clients apprised through the updating of their marketing materials, including the HSM IP's Bermuda Trade Mark Guide.

A Mondaq article by Kate Cleary, an intellectual property paralegal in Grand Cayman, said Vance Campbell, the Minister of Tourism and Cabinet Office, has commented on the undertaking.

The minister earlier commented that the world would involve collaboration among the Ministry for Tourism and the Cabinet Office, the Ministry of Home Affairs with the Department of Registry General and the Ministry of Economy and Labour through the Economic Development Department.

She wrote: “A special IP Taskforce has already been assigned.

“Their objective is to make legislation governing trademarks, patents, registered designs and copyrights more fully aligned with UK and global standards and best practices, allowing Bermuda to better compete for business.

“Reports indicate that they are tackling trademarks first. Bermuda's trademark laws were originally enacted nearly 50 years ago.

“One of the areas this new legislation plans to address is for Bermuda's trademark registration and renewal periods to be amended to cover ten-year terms. Since current registration periods are only seven years, this will be a welcome change.

“As matters stand today in Bermuda, it typically takes 12 to 18 months for the registry to process a local application for registration.

“The Bermuda Government intends to submit to the UK formal requests for extension of several treaties governing the protection of IP rights.

“Their project team is co-ordinating with the UK Intellectual Property Office and will be submitting copies of the draft legislation to the UK IPO for review and comment.

“With regard to Bermuda's patent legislation, work has already begun to modernise the law and it will follow a similar course to that of the trademarks legislation.

“Bermuda's copyright laws are the most recently enacted, with the Copyrights and Designs Act 2004, but updates are still needed to enhance the regime, including the ability to voluntarily register copyright ownership.”

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Published January 23, 2023 at 7:36 am (Updated January 23, 2023 at 7:36 am)

Cayman specialist tracking Bermuda IP developments

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