Caribbean entrepreneurs are to benefit from greater protection of industrial designs under the World Intellectual Property Organisation’s (WIPO) Hague System which provides a unique international mechanism for securing and managing design rights.

Industrial designs represent the ornamental or aesthetic qualities of a product. They mark the appearance of a product through specific features or lines or contours, colours or shape or materials which are normally appealing to the eye. These products range from technical and medical instruments to watches, jewellery, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures and from textile designs to leisure goods.

Under the Hague System, micro and small enterprises are offered practical business solutions which result in a cheaper and simplified registration process and allows for registration of up to 100 designs in over 90 countries through filing a single application.

Speaking at a webinar this week, senior advisor of WIPO’s Hague Registry, Paivi Lahdesmaki, said that with the Hague System companies are allowed greater and cheaper access to protection of their marks in many countries. This, she said, could create a more competitive advantage for businesses which are now able to gain access to the world market and in larger countries where ordinarily they would be unable to obtain trademark protection because of prohibitive costs.

“The system is very useful for SMEs which are now able to obtain exclusive rights, greater returns on investment, access to fair competition and a strengthened business position. The Hague System supports businesses throughout the lifecycle of their designs, from application for protection through to renewal,” she noted.

Protecting designs help economic development by encouraging creativity in the manufacturing sector and the traditional arts and crafts sectors as well. They contribute to the expansion of commercial activities and the export of national products.

Adrienne Thompson, manager of trademarks, designs and geographical indications at the Jamaica Intellectual Property Office (JIPO), said that locally, steps were being taken to make accession to the new act which allows for participation in the Hague System. She said this should be implanted before the end of the current financial year.

“The new law has a lot more features that makes the system more aligned with best practices, so it should benefit all local stakeholders,” she said.

She said that with industrial designs increasing the commercial value of products an adoption of the new law will help to prevent exploitation of a design without the permission of its owner.

“The new law also provides some employer/employee features and so if the work is commissioned by an employer then the design essentially belongs to the employer,” she stated.