Intellectual property act jamaica law

THE JAMAICA INTELLECTUAL PROPERTY OFFICE ACT

ARRANGEMENT OF SECTIONS

Establishment and Functions of Office

Financial Provisions, Annual Report

THE JAMAICA INTELLECTUAL PROPERTY OFFICE ACT

[1st February, 2002.]

1. This Act may be cited as the Jamaica Intellectual Property Office Act.

2 . In this Act, unless the context otherwise requires-

"Board" means the Advisory Board established under section 15;

"Executive Director" means the Executive Director of the Office appointed under paragraph 2 of the First Schedule;

"functions" includes powers and duties;

"Office" means the Jamaica Intellectual Property Office means established under section 3

"relevant law" means ;

(a) The Copyright Act;

(b) The Designs Act;

(d) The Merchandise Marks Act;

(e) The Patents Act;

(f) The Trade Marks Act; or

(g) any other enactment relating to the conferment of or protection and administration of intellectual property rights.

3. ( 1) There is hereby established a body to be known as the Jamaica Intellectual Property Office which shall be a body corporate to which the provisions of section 28 of the Interpretation Act shall apply.

(2) The provisions of the First Schedule shall have effect as to the constitution of the Office and otherwise in relation thereto.

4 . It shall be the duty of the Office to-

(a) administer all relevant laws;

(b) advise the Minister on matters relating to the administration of such laws;

(d) carry out such other functions relating to intellectual property rights as the Minister, after consultation with the Executive Director, may determine;

(e) exercise any power and perform any function conferred on it by or under this Act or any relevant law, and to do all such other things as in the opinion of the Office are necessary or incidental to the proper performance of its functions.

5. The Minister may give to the Office such directions of a general nature, as to the policy to be followed by the Office in the performance of its functions under this Act and under any relevant law, as the Minister considers necessary in the public interest and the Office shall give effect to those directions

Financial Provisions, Annual Report

6 . The funds and resources of the Office shall consist of-

(a) such sums as may be provided by Parliament for the Office in the annual estimates of revenue and expenditure

(b) such sums as may be allocated from time to time to the Office from loan funds

(d) sums borrowed by the Office for the purpose of meeting any of its obligations or discharging any of its functions

(e) revenues derived from charges imposed by the Office for the use of any facility or service provided by it;

(f) revenue from registration or other fees charged consequent on the administration of the relevant laws;

(g) all other sums or property which may in any manner become payable to or vested in the Office in respect of any matter incidental to its functions.

7. (1) Subject to the provisions of subsection (2), the Office may borrow sums required by it for meeting any of its obligations or discharging any of its functions

(2) The power of the Ofice to borrow shall be exercisable only with the approval of the Minister responsible for finance, as to the amount, as to the sources of borrowing and as to the terms on which borrowing may be effected .

(3) An approval given in any respect for the purposes of this section may be either general or limited to a particular borrowing or otherwise, and may be either unconditional or subject to conditions.

8. (1) The Minister may from time to time make advances and grants to the Office, out of sums placed upon the estimates of revenue and expenditure for the purpose and approved by the House of Representatives.

(2) With the approval of the House of Representatives, the Minister responsible for finance may guarantee, in such manner and on such conditions as he thinks fit, the payment of the principal and interest on any authorized borrowing of the Office made otherwise than by way of advance under subsection (1).

(3) Where the Minister responsible for finance is satisfied that there has been default in the repayment of any principal moneys or interest guaranteed under the provisions of this section, he shall direct the repayment out of the Consolidated Fund of the amount in respect of which there has been such default.

9. The Office shall make to the Accountant-General, at such times and in such manner as the Minister responsible for finance may direct, payments of such amounts as may be so directed in or towards repayment of advances made to the Office under section 8, and of any sums issued in fulfillment of any guarantee given thereunder, and payments of interest on what is outstanding for the time being in respect of such advances and of any sums issued at such rate as the Minister aforesaid may direct, and different rates of interest may be directed as respects different advances or sums and as respects interest for different periods.

10. (1) It shall be the duty of the Office to conduct its affairs so as to ensure that its revenue (including any grant towards revenue made to it in pursuance of section 8) is not less than sufficient to meet charges properly chargeable to revenue account, taking one year with another.

(2) Moneys standing to the credit of the Office may from time to time be invested in securities approved either generally or specifically by the Minister; and the Office may, from time to time, with the like approval, sell all or any of such securities.

11. (1) The Office shall keep accounts and other records in relation to its business and shall prepare annually a statement of accounts in a form satisfactory to the Minister, being a form which shall conform with established accounting principles

(2) The accounts of the Office shall be audited annually by auditors appointed by the Ofice and approved by the Minister.

(3) So soon as the accounts of the Office have been audited, the Office shall send the statement of its accounts to the Minister together with a copy of the auditor's report thereon.

(4) The Auditor-General shall be entitled at all times to examine the accounts and other records in relation to the Office

12. (1) The Office shall, within three months after the end of each financial year, or within such longer period as the Minister may in special circumstances allow, cause to be made, and transmit to the Minister, a report dealing generally with the activities of the Ofice during the preceding financial year.

(2) The Minister shall cause copies of the report together with copies of the statement of accounts and the auditor's report thereon to be laid on the Table of the House of Representatives and of the Senate.

(3) The Office shall, before a date specified by the Minister, submit to the Minister for his approval, estimates of revenue and expenditure for the ensuing financial year.

13. No customs duty, tax under the General Consumption Tax Act or other similar impost shall be payable upon any article imported into Jamaica, taken out of bond in Jamaica, or purchased in Jamaica, by the Office and shown to the satisfaction of the Commissioner of Customs to be required for the use of the Ofice in the performance of its functions.

14 . (1) The income of the Office shall be exempt from income tax.

(2) The Office shall be exempt from that portion of stamp duty, and from recording and registration fees which would otherwise be payable by it in respect of any instrument executed by it or on its behalf.

(3) There shall be exempt from taxation under the Transfer Tax Act any transfer by the Office of property belonging to it or any right or interest created in, over or otherwise with respect to such property.

15. (1) There shall be established for the purposes of this Act, an Advisory Board.

(2) The provisions of the Second Schedule shall have effect as to the constitution of the Advisory Board and otherwise in relation thereto.

16. The functions of the Advisory Board shall be-

(a) to consider and to advise the Minister on all matters of general policy relating to intellectual property rights;

(b) to advise the Ofice in relation to the implementation of government policy on intellectual property rights.

17. (1) Every officer and servant of the Office or of the Advisory Board shall preserve and aid in preserving secrecy with regard to all matters relating to the affairs of the Office that may come to his knowledge in the course of his duties.

(2) An officer or servant of the Office or of the Board shall not without lawful authority publish or communicate to any person otherwise than in the ordinary course of his employment any information acquired by him in the course of his employment.

(3) Any person who contravenes this section commits an offence and is liable on summary conviction in a Resident Magistrate’s Court to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding one year

18. The Office with the approval of the Minister may make regulations for the better carrying out of the purposes of this Act.

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