Judicial Administration Structure for IP Disputes: Jamaica
Information provided by:
The Jamaica Intellectual Property Office
| Judicial Committee of the Privy Council (UK) | Caribbean Court of Justice (CCJ) | ||||||||||||||||
| *National court may refer a query to the CCJ | |||||||||||||||||
| Court of Appeal | |||||||||||||||||
| Supreme Court | |||||||||||||||||
| Copyright Tribunal (administrative instance) |
Registrar of Industrial Property (administrative instance) |
Parish Civil Courts | Parish Criminal Courts | ||||||||||||||
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| Administrative Jurisdiction Matters referring to proposed or existing copyright licensing schemes or copyright licenses. |
Administrative Jurisdiction Oppositions to registration of trade marks, designs, utility models, and geographical indications. Revocation of registered trade marks, patents, designs, utility models. |
Civil Jurisdiction Civil infringement of IP tried summarily or on indictment and limited to a maximum value of $3,000,000 Jamaican Dollars. |
Criminal Jurisdiction Criminal infringements of IP tried summarily or on indictment. |
Original Jurisdiction Compulsory and exclusive jurisdiction to hear disputes including IP disputes arising from the interpretation or application of the Revised Treaty of Chaguaramas (RTC), including: a) disputes between Jamaica and other member states of the RTC; b) disputes between Jamaica and the Caribbean Community (CARICOM); c) referrals from national courts of Jamaica; d) applications by persons in Jamaica with special leave from the CCJ. |
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The Copyright Act establishes a Copyright Tribunal, which is available to the public to hear and determine matters referring to proposed or existing copyright licensing schemes or copyright licenses operating in Jamaica. An appeal lies on any point of law arising from a decision of the Copyright Tribunal, to the Supreme Court.
The Trade Marks Act establishes the quasi-judicial functions of the Registrar of Industrial Property. Under the Trade Marks Act and the Trade Marks Rules, the Registrar is empowered to receive and hear evidence and legal submissions in respect of oppositions to trade mark applications, as well as applications to revoke or invalidate registered trade marks. The Registrar is authorized to determine such oppositions and applications and to give reasons in writing. The Registrar's decisions can be appealed to the Supreme Court.
Under the Patents and Designs Act, the Registrar of Industrial Property is empowered to hear and determine applications for revocation of patent, design and utility model registrations, as well as oppositions to design and utility model applications.
Under the Protection of Geographical Indications Act and Regulations, the Registrar of Industrial Property is empowered to hear and determine oppositions to registration or cancellation of geographical indications and contested applications for rectification of the Register.
Decisions of the Registrar of Industrial Property are appealable to the Supreme Court.
Parish Courts
Parish Courts have the jurisdiction to try cases summarily as well as on indictment. The level of sanction, in terms of fines and imprisonment, are lower than that which may be imposed in the Supreme Court. The jurisdiction of the Civil Court is limited to claims not exceeding $3,000,000.00. Appeals from the Parish Court are to the Court of Appeal.
Supreme Court
The Supreme Court is the highest first instance court. It is a superior court of record and has unlimited jurisdiction. It has both inherent and statutory jurisdiction.
Court of Appeal
The Court of Appeal is the court to which all appeals are first referred. Its procedure is governed by statute. It may confirm, overturn or vary judgments in any case in which there is an appeal from any of the first-instance courts.
In the majority of cases the decisions of the Court of Appeal may be subject to appeal to the Judicial Committee of the Privy Council (The Privy Council). It may recommend confirmation, overturn or variation of the judgment of the Court of Appeal. Appeals to the Privy Council are restricted to cases of a certain monetary value or where they are of exceptional public importance. The Privy Council is the highest tier of the Jamaican Court System.
Jamaica's Courts continue to experience a fair number of IP cases. These include criminal matters involving copyright, such as illegal copying and sale of musical works, sound recordings and films. Criminal matters include cases of trade mark and design infringement.
Caribbean Court of Justice
In its original jurisdiction, the Caribbean Court of Justice (CCJ) has compulsory and exclusive jurisdiction to interpret and apply the rules set out in the Revised Treaty of Chaguaramas (RTC) and to hear and determine disputes arising thereunder, including:
(a) disputes between Jamaica and other Member States of the RTC;
(b) disputes between Jamaica and the Caribbean Community (CARICOM);
(c) referrals from the national courts of Jamaica;
(d) applications by persons in Jamaica with special leave from the CCJ.[1]
The RTC contains provisions for the protection of Intellectual Property Rights and as such Member States may bring actions in the CCJ to enforce those rights.
The CCJ does not exercise appellate jurisdiction over matters from the Jamaican Courts.
[1] See Articles 211 and 222, Revised Treaty of Chaguaramas Establishing the Caribbean Community Including the Caricom Single Market and Economy (July 5, 2001), available at https://www.wipo.int/wipolex/en/treaties/details/316.
Court of Appeal - https://courtofappeal.gov.jm/content/civil-judgments
Supreme Court - https://supremecourt.gov.jm/content/judgments
Registrar of Industrial Property - https://www.jipo.gov.jm/node/1271