Designs and Models

– Patents and Designs Act, 2020, in force since February 11, 2022.
– Designs Rules, 1937, as amended.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1978.
– WTO’s TRIPS Agreement, since March 9, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 24, 1999.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 3, 2021.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since February 10, 2022.

Filing

Applicant: any person claiming to be proprietor of a new or original design. 

Foreigners and nationals not living in the country: may apply through an agent.

Kinds of designs and models: any design applicable to any article of manufacture, or to any substance natural or artificial or partly artificial and partly natural, whether the design is applicable for the pattern, or for the shape or configuration or for the ornament thereof or for any two or more such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other means whatever, manual, mechanical or chemical, separate or combined.

Novelty: a design must be new, have individual character and not be contrary to public order or morality. A design is new if it was not made available to the public in Jamaica prior to the date of filing the design application or the recognized priority. A grace period of twelve months is provided for cases of prior publication by the applicant or his legal successor or a party authorized by the applicant or his legal successor, and for unauthorized publication by a third party. A design has individual character if the overall impression it makes on an informed user differs from the overall impression produced by any other design made available to the public before the filing date of the design application or the recognized priority.

Exceptions to protection: words, letters or numerals at the discretion of the Registrar’s disclaimer. Scandalous designs and designs contrary to law or morality may also be refused registration.

Series applications: permissible.

Priority: Convention priorities may be claimed.

Territory covered: Jamaica.

Examination

Amendment of application: if the Registrar thinks fit, and amended on Registrar's terms. 

Examination: formal.

Alterations: possible for clerical errors re-application on name, style, address of registered proprietor or by omitting class as originally applied for. 

Opposition: possible within two months from publication.

Provisional registration: not possible. 

Granting

Registration: where the registration of a design has not been opposed, or has been opposed and the opposition decided in the applicant's favor, the Registrar will issue a certificate of registration to the applicant.

Delivery of document: about six months after filing. 

Beginning of protection: date of filing the design.

Duration - extension: five years from the filing date with possibility of renewal by periods of five years up to a total term of fifteen years.

Marking of registered goods: “Registered” or “Regd.” or “Rd.” and number of certificate of registration. 

Working: no relevant provision.

Assignment: possible on joint application by assignee or assignor. 

Licenses: no provision.

Modification of Protection after Registration

Revocation: any person may apply to the Registrar to revoke a design registration.

Compulsory licenses: none.

Infringement and penalties: action for damages and injunction.