{{ languageVal }}
  • English
 

Industry Updates

New IP Regimes for the Cayman Islands

20 Jul 2017

Design Rights

The Design Rights Registration Law, 2016 (the "Design Rights Law") will come into force in the Cayman Islands on 1 August 2017.  The Design Rights Law will provide for existing registered UK and EU design rights to be registered in, and extended to, the Cayman Islands.

The registration of a UK or EU design right in the Cayman Islands will afford the owner of the right all equivalent rights and remedies allowed in the UK or EU in respect of such design right. 

The Cayman Islands does not currently have a registrar of origin for design rights, and the Design Rights Law does not enable design rights to be registered anew in the Cayman Islands.

The new design rights regime supplements other forms of IP protection in the Cayman Islands, such as The Copyright (Cayman Islands) Order, 2015 and the Copyright (Cayman Islands) (Amendment) Order, 2016, which came into force on 30 June 2016 and extend certain provisions of the UK Copyright, Designs and Patents Act 1988 to the Cayman Islands.1

Trade Marks

The Trade Marks Law, 2016 also comes into force on 1 August 2017, and will provide for the establishment of a Trade Marks Registry in the Cayman Islands for the registration of local trade marks.  After the law comes into force, it will no longer be possible to extend UK, EU or other international trade mark registrations to the Cayman Islands.

Trade marks relating to goods and services will be classified according to the Nice Classification system.  The new regime also makes it possible to record registrable transactions (such as assignments, licences and security interests) against a trade mark.

If you require further information please liaise with your usual Maples and Calder contact or any of the above contacts.


1 See our 27 June 2016 update titled New Copyright Regime for the Cayman Islands for more information.

Related Services

Legal Services

Access to market leading legal advice across a wide range of industries and sectors is paramount to the success of businesses seeking international expertise with local support. The Maples Group's legal services teams are globally coordinated, with consistent systems, policies and procedures across all offices, and connected by a common goal: to deliver the highest quality advice and solutions to our clients. Offering an extensive range of legal services, we advise financial, institutional, business and private clients on the laws of the British Virgin Islands, the Cayman Islands, Ireland, Jersey and Luxembourg, delivering time zone convenience and accessibility from these and other leading key international financial centres. Through constructive dialogue and engagement with governments, regulators and industry associations, we have helped shape financial industry innovation and regulation in many of the jurisdictions in which we operate.

Intellectual Property

Advising on the laws of the BVI, the Cayman Islands and Ireland, our specialist Intellectual Property group provides expert legal advice on intellectual property matters including protection and enforcement of intellectual property rights, licensing and royalties, technology transfer, copyright, trademarks, patents, design rights, domain names and structuring for intellectual property. 

Corporate

Advising on the laws of the BVI, the Cayman Islands, Ireland, Jersey and Luxembourg, our global corporate team provides expert legal advice to corporate clients on all corporate commercial matters.  Our clients include major banks, multinationals and institutional investment firms, leading law and accountancy firms and a number of state / government entities across all industry sectors. 

Finance

Advising on the laws of the BVI, the Cayman Islands, Ireland, Jersey and Luxembourg, our global Finance team provides expert legal advice on even the most complex financial transactions under intense time pressure. Clients repeatedly return to our qualified finance lawyers to handle a variety of complex matters relating to acquisition and leveraged financing, asset finance, banking, debt capital markets, derivatives, fund finance, insurance linked products, Islamic finance, repackaging and structured finance. 

Dispute Resolution & Insolvency

Advising on the laws of the BVI, the Cayman Islands and Ireland, our global Dispute Resolution & Insolvency team provides expert legal advice on cross-border litigation and contentious and non-contentious restructuring.  We offer a broad range of dispute resolution and insolvency services, bringing an unrivalled depth of experience to each dispute and ensuring that you receive fast, accurate and pragmatic advice.