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Castle Cornet

Trade Marks

A trade mark is a sign that, when associated with a product, distinguishes it from similar competing products. This may be words, a logo or a combination of the two.

Patents

With effect from 1 March 2012, the Intellectual Property Office took over the responsibility for the registration and administration of patents and biotechnological inventions from the Greffe.

Image rights

Image rights are the expression of a personality in the public domain. The provision of image rights in law enables the definition, value, commercial exploitation and protection of image rights associated with a person.

Designs

A registered design protects the visual appearance of a product or item and gives you exclusive rights for that appearance to the extent that, if necessary, there is a legal right to stop an unauthorised party from producing or using your design.

Unregistered Rights

There are a wide range of intellectual property rights for which protection is given under law in the Bailiwick of Guernsey.

Welcome to the Intellectual Property Office website

This site provides information on the various registers maintained by the Office as required under Guernsey intellectual property legislation.

In addition, this site publishes notices in accordance with the various legislation and provides guidance notes to assist in the administration of intellectual property rights.

A general guide to intellectual property in Guernsey can be found here


International conventions, agreements and treaties extended to Guernsey

Significant work has been undertaken during the previous 12 months to progress the extension, to the Bailiwick of Guernsey, of a number of international intellectual property conventions, treaties and agreements.

A full list of all international conventions, treaties and agreements those being progressed or notified, including dates of accession and a description of what they are, can be found here.

Some of the most significant extensions include:

  • The Paris Convention:

    This Convention was extended to Guernsey on 13th November 2020.

    The Paris Convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. The substantive provisions of the Convention fall into three main categories: national treatment, right of priority, common rules.

  • The Madrid Protocol:

    Notification of extension of the Madrid Protocol was deposited with WIPO on 30th September 2020, and was extended to Guernsey on 1st January 2021.

    The Madrid Protocol is an international treaty designed to simplify the international trademark registration process. Using this process, registrants are able to complete a single application, in their home language, that can then be applied to over 90 member countries.

    Following extension, it is now possible to (i) file an international trademark application in Guernsey, as an office of origin, and (ii) designate Guernsey as a jurisdiction for registration (separate from the UK).

  • The Patent Co-Operation Treaty:

    It is anticipated that notification of extension of PCT will be deposited shortly, with a three month accession period to follow thereafter. Further information of when this will come into force will be provided in due course.

    PCT is an international patent law treaty. It provides a unified procedure for filing patent application to protect inventions in each of its contracting states.

    The UK is extending its application of PCT to include the Bailiwick of Guernsey. Any new PCT applications filed, after the date of accession, designating the UK will also include Guernsey. This means that, if a patent is subsequently granted, protection will automatically be afforded in Guernsey, without the need for applicants to re-register their UK patent in Guernsey. This change also means that residents and businesses located in Guernsey will be able to file new PCT applications with the UK Intellectual Property Office, the European Patent Office, or direct with the International Bureau. Whilst it will not be possible to file an international patent application through the Guernsey Intellectual Property Office, it will still be possible to apply for a patent in Guernsey, using the existing patent regime.


Introduction of registers of trade mark agents and registered design agents

In March 2016, a consultation was issued regarding the establishment of a register of trade mark agents. The consultation, and the response document, are available to view here.

The outcome of the consultation was a recommendation to the Committee for Economic Development to introduce a register of trade mark agents, and a register of design right agents. New regulations relating to trade mark and design rights agents were made on 23 February 2017, and came into effect on 1 April 2017

The regulations are available to view in the Law & Practice section.

Further information on the effect of the introduction of registers of trade mark agents and registered design agents is available here.


Image Rights - Register

Since December 2012, the Office has been receiving applications to register Image Rights in Guernsey. Click here to view the Image Rights register (please note that you will need to log in to this website to view the information - full details can be found on this link)

Further information regarding image rights is available in the Products & Services section of the website.