Ministry of Industry, Commerce and Technology The Copyright Act

 

 

       
The Jamaica Intellectual Property Office Overview
The Jamaica Intellectual Property Office (JIPO) is the primary Agency with responsibility for matters  relating to intellectual property rights in Jamaica.
Functions of the Jamaica Intellectual Property Office
JIPO will administer the Intellectual Property System, including the Registration of Trademarks, Geographical Indications and Industrial Designs, the administration of Copyright and Related Rights, and the administration of the Patent System, New Plant Varieties and Layout Designs and as provided by the respective Statutes.

Through its operations, JIPO will aim to:
  • Contribute to national economic growth and development through the proper protection, administration and enforcement of Intellectual Property Rights;
  • Provide Jamaican creators, inventors and commercial enterprises with modern and comprehensive procedures and facilities for the acquisition and protection of Intellectual Property Rights and to avail this provision to foreign right holders;
  • Facilitate an international level of Intellectual Property protection for Jamaican rights holders;
    Heighten public awareness of the economic value and importance of Intellectual Property Rights and the need for these rights to be respected; and
  • Facilitate the improvement of the Intellectual Property System in light of new technologies and globalization of trade through updating of the Laws and accession to relevant agreements and Treaties.
  • Heighten public awareness of the economic value and importance of Intellectual Property Rights and the need for these rights to be respected; and
  • Facilitate the improvement of the Intellectual Property System in light of new technologies and globalization of trade through updating of the Laws and accession to relevant agreements and Treaties.
Highlights of Performance/Achievements for 1999/2000
Commitment by the World Intellectual Property Organisation (WIPO) to Jamaica in its efforts to develop a modern and effective Intellectual Property Regime. 
Jamaica a Member of the Berne Union
During the Assembly's meetings, Jamaica's interest in membership on the Executive Committee of the Berne Union concerned with the International Protection of Copyright gained the full support of CARICOM Ministers and the GRULAC. By securing a seat on the Executive Committee of the Berne Union, Jamaica will have more direct influence in the coordination of budgetary and other matters within the WIPO administration. 
Jamaica accedes to the Paris Convention on Industrial Property
Jamaican innovators will for the first time have access to an international level of protection for patents, trademarks and designs through the national laws, as a result of Jamaica officially becoming the 156th member of the Paris Convention for the protection of Industrial Property.
Jamaica accedes to the Brussels Satellite Convention
The instrument of Accession to the Brussels Convention against the Unauthorized Distribution of Programme-carrying Satellite Signals was also deposited in September 1999 with the Secretary General of the United Nations in pursuance of compliance with Jamaica's Bilateral IP Agreement with the USA. Jamaica's membership to the Brussels Convention became effective in January 2000.
Special E-Commerce Projects and activities
  • Jamaica was the only country in this hemisphere chosen through WIPO to be a model for a global system of licensing of copyright products (including music) on the Internet. 
     
  • Jamaica was the only Caribbean country and one of thirty-four (34) countries represented at the WIPO International Symposium on Intellectual Property and Knowledge-Based Economy in Beijing, China from 1999 October 13-15.
WIPO Ministerial Level Meeting on IP for Caribbean  Countries
  • An important highlight for Jamaica was the hosting by the Ministry of Industry, Commerce & Technology of the World Intellectual Property Organization (WIPO) Regional Ministerial Level Meeting on Intellectual Property for Caribbean Countries, held June 10 & 11, 1999. During this period (June 7-9), Jamaica also hosted a WIPO Regional Round Table on the Collective Management of Copyright and Related Rights and the only Caribbean Regional Consultation on Electronic Commerce and Intellectual Property. 
  • At the Ministerial Level meeting, Caribbean Ministers with responsibility for intellectual property held discussions and made major decisions relating to the progress of Intellectual Property Protection in the region. Several important Resolutions were passed following from the regional roundtable and consultation also held. The resolutions include: 

1. The establishment of a regional committee on E. Commerce and Intellectual Property (chaired by Jamaica) which will examine the steps that Governments need to take to ensure the benefits of e commerce in IP material; and

2. The establishment of a regional committee on Collective Management of Copyright (chaired by Trinidad & Tobago), which will implement proposals to set up a regional office to manage and distribute royalties derived from the global use of Caribbean music. 

  • WIPO facilitated two meetings of the Collective Management Committee in 1999 and one meeting of the E-Commerce Committee in February 2000. Jamaica was represented at both meetings by private sector and public sector officials.
  • Plans to convene a Regional Meeting on Folklore, Traditional Knowledge and Innovations in the year 2000.
  • WIPO conducted a fact-finding mission on Folklore and Traditional Knowledge in June 1999 organized through the then Ministry of Commerce & Technology in collaboration with UNESCO. Jamaica was also represented by the Copyright Unit and the Latin America and Caribbean Regional Consultation on the protection of Folklore in Quito Equador in June 1999.
Fulfillment of International Obligations on Intellectual Property
  • Jamaica made strides in the fulfillment of its WTO obligations under the Trade-Related Aspects of Intellectual property Rights (TRIPS) Agreement and the Ministry is aiming to complete this process in 2000. As mentioned-above previously, three (3) Intellectual Property Acts were passed. They are:


    (i) The Copyright Amendment Act (in force since September 3, 1999);


    (ii) The Layout Designs (Topographies) Act (in force since September 3, 1999)


    (iii) The Trademarks Act enacted July 26, 1999.

  •  Jamaica signed two Conventions on Intellectual Property, the Paris Convention on the Protection of Industrial Property (required by TRIPS WTO) and the Brussels Satellite Convention (required by Bilateral Agreement). Based on these efforts, Jamaica was removed from the USTR's watch list on which it had been placed for failure to accord IP protection to US rights holders in compliance with IP obligations.
Copyright-specific Local Activities
  • The Copyright Unit pursued its public education program, covering the entire area of Intellectual Property Rights (including Industrial Property). The Unit collaborated with various interest groups in hosting seminars, making presentations and mounting exhibitions to public and specialized groups. These include presentations to: Musicians, Librarians in Jamaica and the Caribbean, the Educational and Publishing Sectors, Law School Students, Cable Operators, Master's Students, UWI Management Studies, Engineers Inventors, the Heart Academy Scientists and Environmentalists.
  • Over the past two years, two national collecting societies for Copyright owners were established. They are the Jamaica Copyright Licensing Agency, JAMCOPY for the management of rights in literary printed material and the Jamaica Association of Composers Authors and Publishers (JACAP) for the management of performing rights in musical works.
Summary of Main Programmes of Work for 2000/2001
The main programmes of work concerning intellectual property in Jamaica for 2000 are as follows:

(a) The launching of the operations of the Jamaica Intellectual Property Office

As JIPO is slated to assume responsibility for the current functions of Intellectual property administration by May 2000, the main focus of the Ministry for the start of the financial year is the proper establishment of the office through the consolidation of existing government operations concerned with different aspects of IPRs administration and the consequent legislative amendments.


(b) The revision of current and enactment of new legislation

(I) In furtherance of Jamaica's compliance objective, work on revising the Patents and Designs Act and a new Geographical Indications Act has intensified. All these laws need revision in order to provide Jamaicans with adequate protection in the current global environment and will give Jamaican innovators and manufacturers a better opportunity to protect their innovations, both locally and abroad, in an efficient manner. The Government has placed a priority on these pieces of legislation and hosted the mission of WIPO legal experts to guide the process of implementation of the TRIPS Obligations under these Laws.


(II) Jamaica is also examining the matter of New Plant Varieties Legislation. Vice Secretary General of the Union for the Protection of Plant Varieties (UPOV) visited Jamaica on a special mission relating to this matter and held consultations with the then Ministry of Commerce and Technology, the Ministry of Agriculture and many relevant agencies. 


(c) The automation of registration procedures for Trademarks, Designs and Geographical Indications

A major programme of JIPO will be the automation of registration procedures. 


(d) Accession to the WIPO Internet Treaties concerning Copyright and Neighbouring Rights

Currently the Copyright Law does not explicitly protect intellectual property over digital networks. Without clear protection in the digital environment, e-commerce activities in Jamaica will be extremely risky. 


(e) The implementation of an Anti-Piracy System 

To address the problem of piracy in Jamaica, the Copyright Unit will continue to work towards the implementation of an anti-piracy security system using a device known as the Banderole through the assistance of the WIPO. The implementation of an anti-piracy system in Jamaica will be beneficial to both trademark and copyright owners by increasing legitimate sales and reducing piracy and counterfeiting. 


(f) Specialized Training and Public Education 

JIPO will aim to expand the Public Education Program on Intellectual Property in Primary Schools and Colleges. The commemoration of National Intellectual Property Week in May 2000 is a large part of JIPO's efforts to increase the general awareness and understanding of Intellectual Property Rights and their Importance to nation building and economic development.


(g) The Development of a Modern Patent System

JIPO will provide the institutional framework to enable the administration of a modern patent law, which can be recognized at the global level. 


(h) The Development and Implementation of Special Projects

JIPO will seek to formulate, in conjunction with relevant agencies, institutions and private sector concerns, programmes and projects concerning Copyright Management, Intellectual Property and Electronic Commerce, the Protection of Folklore and Indigenous Material and the commercialization of Intellectual Property for private and public sector implementation.
 

APRIL 2000

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