Trade Marks (Amendments) Act Passed In The Senate

Minister of Foreign Affairs and Foreign Trade, Senator the Hon. Kamina Johnson Smith says the Trade Marks (Amendments) Act 2021, aims to strengthen the country’s intellectual property protection framework, by providing for Jamaica’s participation in the system of international registration, protection and management of trademarks.

Mrs. Johnson Smith who is also Leader of Government Business in the Senate made the remarks, while piloting the legislation in the Senate on June 11.

The Bill was passed with no amendments.

A key aspect of the legislation is that, it will support Jamaica’s accession to the Madrid Protocol, which will allow interested parties to protect their trademarks in multiple jurisdictions, by filing a single registration in participating countries.

The Madrid Protocol for the international registration of marks is a treaty administered by the International Bureau of the World Intellectual Property Organization (WIPO), which is the United Nations (UN) agency responsible for promoting the protection of intellectual property (IP) throughout the world.

It has been ratified by most European countries, the United States of America (USA), Japan, Australia, China and many other nations around the world. The Protocol is a one-stop solution to register and manage trademarks worldwide.

“The Bill undoubtedly will enhance Jamaica’s competitiveness in regional and international trade by allowing for greater efficiency in the registration of trademarks in multiple jurisdictions,” Mrs. Johnson Smith said.

In addition to improving the ease of doing business for Jamaicans both locally and overseas and increasing Jamaica’s attractiveness as a global business hub, the Minister said that accession to the protocol, will open new pathways for income for trademark professionals in Jamaica.

The Senator noted that the amendments to the Trade Marks Act, represents another step in Jamaica’s efforts to create the legal framework necessary, to position the country as a competitive global business location.

Meanwhile, Mrs. Johnson Smith said the Government will continue to work to provide the framework and safeguards that prevents the appropriation of cultural and knowledge based assets.

“Jamaica’s wealth of creative and knowledge based talent can indeed more effectively be harnessed for personal wealth, individual wealth as well as national wealth creation through more effective use of intellectual property rights and the Government will continue to work to provide the framework that prevents appropriation of our cultural and knowledge based assets while nurturing fledgling assets,” she said.

Opposition Senator, Donna Scott Mottley said the legislation will protect against the exploitation of Brand Jamaica.

Amendments to Section 12 of the Act places appropriate restrictions on the use of the country’s Coat of Arms, the Jamaican Flag or any other national emblem or symbol in a trademark, unless the Registrar (at the Jamaica Intellectual Property Office) is satisfied that consent has been given by or on behalf of the Government of Jamaica.

The amended Section 12 also has a provision to limit the use of the name ‘Jamaica’, the map of Jamaica, the national colours and emblems of Jamaica.

The Bill also amends the Trade Marks Act to provide for: administration locally of the international registration of a trade mark; setting out the criteria for the international registration of a trade mark; application procedure of international registration of trademarks; making provision for the opposition procedure for the international registration of a trade mark; and administration of fees in respect of the international registration of trade marks.

The Bill was approved in the House of Representatives on June 1, 2021.