Apply industrial design in Jamaica

Jamaica has the potential to develop industrial design in several sectors, taking advantage of the country’s available advantages. Jamaica has a diverse culture and art, with unique symbols and motifs. Designers can take inspiration from these elements to create industrial-style products that are imbued with Jamaican identity, appealing to local and international consumers. Jamaica has a growing community of creative artists and designers. Collaboration between designers and local businesses can foster innovation and develop unique industrial design products. Jamaica has many natural resources such as wood, bamboo, limestone, and tropical plants. The use of these materials in product design can create environmentally friendly and sustainable products. The tourism industry is one of Jamaica’s most important economic sectors. Unique and high-quality industrial design products can be developed to cater to the needs of tourists, and promote Jamaica’s image and culture. In order to be able to increase the number of industrial design applications, the Jamaican government has made efforts to promote the development of the creative industry, including industrial designs. Supportive policies such as sponsorships, training, and consulting can help designers and businesses develop and commercialize their products. Viet An Law would like to guide customers through the preliminary procedures for registering industrial designs in Jamaica through the article below.

Legal Basis

• Patents and Designs Law 2020 (Act No. 1 of 2020)

Definition of Industrial Design in Jamaica

In Jamaica, according to the Patents and Designs Law 2020 (Act No. 1 of 2020), an industrial design is defined as the decorative or aesthetic aspect of an item.

Conditions for registration of industrial designs in Jamaica

• Novelty and uniqueness: The design must be new, which means it has not been disclosed to the public anywhere in the world before the filing date or priority date (if applicable). It must also be original, which means that it is the result of the creator’s own intellectual effort and not a copy or imitation of an existing design.
• Not entirely determined by technical function: The design should not be dominated solely by the technical functionality of the product. This means that the aesthetic aspects of the design must be independent of the functional requirements of the product.
• Not contrary to public order or morality: The design must not be contrary to public order or morality. This means that it must not be offensive, harmful, or discriminatory in any way.

Types of Industrial Designs that can be registered in Jamaica

Two-way design

• Pattern
• Textures
• Graphic Icons
• Logo
• Typography

Holographic design

• Shape of the product
• Configuration of the product
• Product surface decoration
• Packaging

Combining two-dimensional and three-dimensional designs

Styles combine both 2D and 3D elements, like patterns on 3D products or logos on packaging.

Application for registration of industrial designs in Jamaica

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Registration of industrial designs in Jamaica under the Hague Agreement

What is the Hague Agreement on the registration of industrial designs?

The Hague Agreement on the Registration of Industrial Designs (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

Some questions about industrial design protection in Jamaica

How long does it take to process an industrial design application?

The processing time for an industrial design application at JIPO usually takes about 6-9 months. However, this time may vary depending on the complexity of the application and the workload of JIPO.

How can I track the progress of my application?

You can track the progress of your application through JIPO’s online system by using the application’s reference number.

How can I use my industrial design for commercial purposes?

Once you have registered an industrial design, you have the exclusive right to use it for commercial purposes, including manufacturing, selling, importing and exporting products bearing that design

If you wish to file an application for registration of an industrial design, please contact Viet An Law – IP Firm for the most effective support.