ON a very regular basis, persons have ideas for new lifestyle products, ways of doing business, scientific products, and generally ideas on how to improve existing technology and methods of completing tasks. Many of these persons are interested in identifying ways in which they can be recognised for their new ideas and also in ensuring that they gain economic benefits from these ideas –after all, they may now be the owner of valuable “intellectual property”.

There are different species of intellectual property for different types of new ideas.

A patent is a grant (similar to an official licence) by the governor general of Jamaica to a person or company who has invented or improved some new and useful art, machine, manufacture, or composition of a physical object. An inventor or a person to whom he has assigned the rights in relation to the invention may apply for a patent. A patent application includes, among other things, a petition by the applicant that a patent be granted to him, and a specification document which sets out the nature of the invention, relevant drawings and diagrams, and the manner in which it may be recreated by a person skilled in the relevant subject.

The patent usually specifies the period of validity, which is usually for a period not exceeding fourteen (14) years. Where a patent was granted to the applicant for the same or substantially similar invention in an overseas jurisdiction, the patent granted in Jamaica will expire on the expiration date of the overseas patent. During the period of validity, the holder of the patent is entitled to monopoly of the invention.

The vibrancy of inventions in a country is usually a catalyst for economic development. In Jamaica, most patent applications relate to inventions or improvements in pharmaceuticals. Additionally, most applications originate from overseas. There appears to be great scope for improvement in the number of inventions and patent applications from Jamaican research and development institutions, businesses and individuals. However, we hope that our local institutions are more aggressive with regard to procuring registrations for their inventions in countries where intellectual property infringement is popular, and where it is likely that unauthorised versions of their inventions may be manufactured and shipped to the rest of the world.

Sometimes, our new ideas may not meet the threshold for being a new invention. However, it may relate to a new design (never before seen in Jamaica) for a product. A design application may relate to a display shelf or product display device, clothing, cellular telephone handset, a laptop carrier and office furniture.

A design may be registered by its owner or the person to whom he has assigned all rights. The application is completed by submitting an application form, a description of the design, drawings or samples. When a design is registered, the proprietor is vested with copyright for 15 years. However, if the design is used in manufacture in any foreign country and is not used in Jamaica within six months of registration, the copyright in the design shall cease. During the period of validity, any person who, without proper authorisation, manufactures for sale, publishes or displays for sale any item which includes the registered design shall have committed an offence against the registered proprietor.

There are some ideas which do not qualify for the grant of a patent or the registration of a design. Examples of ideas which would not qualify for registration include ideas relating to: business strategy, customer service, an evacuation plan, a crime fighting plan or an economic growth model. Once documented, the document becomes protected by copyright. The author is vested with exclusive authority to make copies, sell and publish the document, but not the idea. Copyright protects a tangible expression of ideas, but not the intangible idea. Accordingly, two or more persons may exploit the same idea whether or not their original source was a written document and whether or not each person derived the idea on his own. However, copying all or a substantial part of a written or recorded document (or other work) may be copyright infringement.

Given the limitations of copyright law in protecting new ideas, we recommend that persons disclosing their ideas to other persons, including potential business partners and investors, document their ideas and enter into a properly drafted and effective confidentiality agreement.

So, if you have an invention, we recommend that you seek professional counselling regarding the best way to ensure that your intellectual property is protected. If your intellectual property is not protected, it is likely that it will be more difficult to monopolise, and therefore, will be less valuable to you.

Andrea Scarlett-Lozer is an Associate at Myers, Fletcher & Gordon, Attorneys-at-law, 21 East Street, Kingston. She is a member of the firm’s Commercial and Intellectual Property Departments, as well as, the Sports & Entertainment Law Practice Group. She can be contacted via www.myersfletcher.com