May 08, 2019

The Cayman Islands introduces new Design Rights Bill

The Cayman Islands have introduced a new bill into their intellectual property laws. The Design Rights Bill was published on February 19, 2019, and constitutes rights which are set to replace the previously existing Design Rights Registration Law 2016. The bill has yet to be enforced, however, it is expected that the new regulations will be implemented in due course.

One of the most prominent changes in the new legislation will allow applicants to register design rights directly in the Cayman Islands, which is a huge step towards improvement in the intellectual property field. Whilst design right registration has been possible under the Cayman law of 2016, an applicant must have first obtained design registration in the UK or European Union before filing an application in the Cayman Islands.

According to the aforementioned bill, an original design should not be “commonplace in the design field in question at the time of its creation”. The bill also defines the validity term of design rights as fifteen years from the end of the calendar year in which the design was first recorded, or ten years from the end of the calendar year if articles made to the design are made available for sale or hire within five years from the end of that calendar year. It is worth noting that any design rights registered under the repealed law will automatically be transferred to the new register as per the transitional provisions within the new legislation.


Author: Danielle Carvey