Industrial Designs Law in Cayman Islands (BOT)
Industrial Designs Law in the Cayman Islands
1. Legal Framework
The Cayman Islands' industrial design protection operates under the Design Rights Registration Law, 2016 (Law 29 of 2016), effective from 1 August 2017. This law enables the extension of existing UK and EU registered design rights to the Cayman Islands, granting the same rights and remedies as those available in the UK .
2. What Can Be Protected?
Industrial designs in the Cayman Islands protect the aesthetic aspects of a product, including its shape, configuration, pattern, or ornamentation. To qualify for protection, the design must be new and possess individual character. The Cayman Islands does not have a system for protecting unregistered designs .
3. Registration Process
Filing Authority: Cayman Islands Intellectual Property Office (CIIPO)
Process:
Eligibility: The design must be registered in the UK or the EU.
Extension Application: Submit an application to CIIPO through a registered agent in the Cayman Islands.
Documentation: Provide details of the original registration, including registration number and jurisdiction.
Fees: Pay the applicable application and annual maintenance fees.
Review: CIIPO will record the extension if all requirements are met .
4. Duration of Protection
Initial Term: 5 years from the date of registration.
Renewal: Renewable in 5-year increments up to a maximum of 25 years.
Annual Maintenance Fees: Due on 1 January each year, with a grace period until 31 March. Late payments incur penalties, and failure to pay for over 12 months may lead to cancellation of the design right
5. Rights Conferred
Owners of extended design rights in the Cayman Islands have the exclusive right to use the design and can prevent unauthorized use, including making, selling, or importing products bearing the design. These rights mirror those available in the UK, and enforcement can occur within the Cayman Islands .
6. Infringement and Enforcement
Design rights infringement disputes are adjudicated in the Grand Court of the Cayman Islands. Available remedies include:
Injunctions
Damages or account of profits
Declarations of infringement
Equitable relief for bad faith assertions of design rights infringement .
7. International Protection
The Cayman Islands does not have its own unregistered design protection system. Protection is available only through the extension of registered design rights from the UK or EU. Designs registered in other jurisdictions without corresponding UK or EU registrations are not protected in the Cayman Islands .
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Design Rights Registration Law, 2016 |
| Registration Authority | Cayman Islands Intellectual Property Office (CIIPO) |
| Protection Duration | Initial 5 years, renewable up to 25 years |
| Unregistered Design Protection | Not available; protection through UK/EU registered design rights only |
| Enforcement Jurisdiction | Grand Court of the Cayman Islands |
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