Overview of legal framework

Jamaica's IP legal framework includes the following instruments:

• Trade Marks Act (1999, amended 2021)

• Patents Act (1857, amended 2015)

• Designs Act (1937)

• Copyright Act (1993)

• Geographical Indications Act (2004)

The competent authority is Jamaica Intellectual Property Office (JIPO), which falls under the Ministry of Industry, Investment and Commerce.
Jamaica is a member of WIPO, the Paris Convention, TRIPS, the Madrid Protocol (since 2022) and the Hague Agreement (since 2023).

International cooperation and regional integration

• Jamaica is a member of WIPO, the Madrid System and the Hague Agreement;

• Cooperates with other members of CARICOM (Caribbean Community) to promote regional IP integration;

• Cooperates with the UK Intellectual Property Office (UKIPO) on training and regulatory alignment;

• Implements the “Jamaica IP Modernization Programme” to gradually achieve full alignment with the international IP system.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with JIPO;

• Jamaica may also be designated via the Madrid System (Madrid Protocol) (since 2022).

Classification standard

• Uses the Nice Classification;

• Single-class and multi-class applications are both accepted.

Examination procedure

• Formality examination: around 1–2 months;

• Substantive examination: around 6–9 months;

• Opposition period: 2 months from the date of publication.

Use and renewal

• Registration is valid for 10 years and may be renewed indefinitely;

• Non-use for 5 consecutive years may result in cancellation.

Examination features

• Examination language: English;

• Focus on distinctiveness, likelihood of confusion and prior rights;

• Non-traditional marks (sound, shape, colour) may be registered;

• Online services platform: JIPO eServices / Trade Marks Portal.

Patent system

Types of protection and term

• Invention patents (Patent): 14 years from the grant date, extendable once for 7 years;

• Under the new draft law, the term will be adjusted to 20 years from the filing date (TRIPS-compliant).

Examination system

• The current regime mainly performs formality examination and does not carry out full substantive examination;

• The pending Patents and Designs Bill aims to introduce a substantive examination system;

• Current grant time is around 18–24 months.

International route

• Jamaica has not yet acceded to the PCT; international protection must be sought via Paris Convention priority filings;

• There are plans to join the PCT in the future.

System features

• Based on the UK legal tradition;

• Annual renewal fees are payable after grant;

• Following reform, the system will support patent cooperation mechanisms and electronic filing.

Industrial design protection

Legal basis

• Designs Act (1937) and the related amendment draft (Patents and Designs Bill).

Scope of protection

• Product appearance, shape, lines, patterns and ornamentation;

• Functional designs are excluded.

Term of protection

• Initial term of 5 years, renewable twice for 5 years each, with a maximum term of 15 years.

Examination procedure

• Examination period: around 6–8 months;

• Examination language: English;

• Formality examination only; no assessment of creativity or novelty.

System features

• A single registration is valid nationwide;

• Multiple designs may be included in a single application;

• Since 2023, international design applications can be filed via the Hague Agreement;

• Official system: JIPO Designs Register / eServices.