PATENTS AND TRADE MARKS LAW, 2011

The Patents and Trade Marks Law, 2011 was passed by the Cayman Islands Legislative Assembly in November 2011 replacing the original 1975 Patent and Trade Mark Law.  It is anticipated that the Law will come into effect within the next few weeks.

In summary the Law:-

• introduces new services and fees;
• introduces a residency requirement for patent and trade mark agents;
• stipulates that only ‘registered agents’ who are legally and ordinary resident in the Cayman Islands will be able to transact business with the Cayman Islands Patent and Trade Mark Registry;   
• allows the Cayman Registry to prescribe qualifications for agents; and
• stipulates that owners of every patent and trade mark must employ a registered agent when dealing with the Cayman Registry.

The Cayman Registry will:-

• maintain a list of registered agents together with a list of eligibility requirements and of fees payable for applicants who wish to become registered agents;
• be able to provide a certificate of good standing for patents and trademarks; and
• have the power to cancel the record of a patent or trade mark for non-payment of fees and be permitted to deal with the abandonment of patents and trademarks or their strike off for non-payment of fees.

If you have any further questions please do not hesitate to contact Stephen Porter on (345) 814-7902.