WIPOD – Design Talks: Transcript of Episode 6

Bridging the Gap with the Hague System in Developing Countries

Sarah Lucek: Welcome, everyone, to another captivating episode of Design Talks, where we uncover the fascinating world of design, brought to you by the Hague Registry at WIPO, the World Intellectual Property Organization.

I'm your host Sarah.

And today, we're honored to welcome a distinguished guest: Ms. Adrienne Thompson, representing the Jamaican Intellectual Property Office.

Before we start our discussion, let's take a moment to reflect on the transformative power of design protection.

Design, in all its forms, plays a crucial role in shaping our world, from the products we use daily to the cultural expressions that define our identities. And yet, the importance of safeguarding these creations through intellectual property rights is often overlooked.

Jamaica recently made a significant stride in this direction by joining the Hague System. As of February 10th, 2022, the 1999 Act of the Hague Agreement entered into force in Jamaica, marking a new chapter in the country's approach to design protection. Today, we're here to explore what this means for Jamaican designers and the broader implications for the global design landscape in developing countries.

So, buckle up, and let’s embark on a journey to uncover the transformative potential of global design protection!

Adrienne, thank you for being with us today!

Adrienne Thompson: Thank you so much for having me. I'm happy to be here to talk about design protection in Jamaica.

Sarah Lucek: So, let me start with the first question, Adrienne. Could you please introduce yourself and provide a brief overview of your role at the Jamaican Intellectual Property Office?

Adrienne Thompson: Sure, No problem. So here at the Jamaica Intellectual Property Office or JIPO, I am the Deputy Director Registrar of Industrial Property. So, what that means is I have responsibility for the areas of trademarks, industrial designs, geographical indications, and I also have oversight for the patent’s directorate here at JIPO.

Sarah Lucek: Thank you. What sparked your interest in intellectual property and design protection when you joined JIPO?

Adrienne Thompson: Actually, my background is in chemistry. I worked as a medicinal chemist for quite a few years and then I went to law school sparked by my interest in patent protection. But then once I started working at JIPO, I realized that as Jamaicans, we are very creative people.

And so, in addition to coming up with our innovations on the technology side, we also come up with lots of creative and artistic works and the need to protect them using various IP tools such as industrial designs became a lot more apparent to me after working here for a few years.

Sarah Lucek: Thank you for sharing this wonderful journey with us. As per the Global Innovation Index of 2023, Jamaica ranks 9th among the 19 economies in Latin America and the Caribbean. Can you describe Jamaica's current economic landscape and provide examples of companies and sectors driving export growth?

Adrienne Thompson: Certainly. So recent reports from the Planning Institute of Jamaica indicate that the Jamaican economy grew by around 2.6% for the 2023 calendar year. And it's projected that we'll have similar growth for the 2024 calendar year.

And a lot of this growth is underpinned by growth in the services sector, particularly in the areas of tourism, but there's also growth that's driven by mining, some agriculture, and also, we have significant uptake in the construction sectors as well.

So as an economy, even though we're a developing economy, we've managed in the last year to rebound to pre-pandemic levels in terms of our economic activity, and the hope is that we will continue on that trajectory to grow not only in terms of tourism, but to diversify in other sectors.

Sarah Lucek: So, from your perspective as a representative from the Jamaican IP office, why is the protection of intellectual property, particularly designed crucial in fostering competitiveness and how do intellectual property rights contribute to national economic growth and development?

Adrienne Thompson: Okay, so coming from a developing nation, it is very important for us to have a robust IP system in order to attract the investment that's necessary for growth of our economy.

Investors tend to prefer businesses in countries that have the proper safeguards to protect their investments, and so, in an attempt to attract foreign direct investment, it is essential for Jamaica to ensure that our IP regime is best practiced.

In addition, a robust IP system can boost creativity, in that it allows small businesses to take risks and to come up with inventions that they perhaps otherwise wouldn't be inclined to try, because there is protection available for the exploitation of those creations using the IP system.

So, using a patent or a design, the inventor or the creator will have exclusive control over their works. By allowing them the chance to exploit these works, it creates an environment where they're likely to take more risk and come up with unique designs and inventions.

A strong IP system is essential, and it goes hand in hand with our economic development.

Sarah Lucek: That's true. And talking about innovations, Jamaican designs show a rich mix of cultural influences and creativity.

So, can you share with us some of the most iconic designs from Jamaica that showcase the ingenuity of local designers?

Adrienne Thompson: Jamaica, for a country that is tiny with almost 3 million people, our influence on in various aspects of life globally or cultural impact is very profound when you think about how small we are as a country.

This occurs not only in the area of sports, for example, that's one area where we're very proud of our athletes. And people still collecting vintage football kits from when the reggae boys were in the world cup in 1998. There are also various designers that utilize the black, green and gold from the Jamaica flag in their works.

I can't talk about Jamaica without talking about our influencing music. And so, you'll have designs that feature various imagery from Rastafarian religion. Bob Marley, images of the Lion of Judah, that’s our very classic Jamaican imagery.

In addition, you have local designers that are very innovative in the jewelry space, and so they'll incorporate local materials in their work. And there are also designers that are on the forefront of coming up with footwear designs.

Depending on the area there are probably some Jamaican influences. For our tiny country we definitely pack a punch in terms of our impacts worldwide.

Sarah Lucek: Thank you for all these examples, they are truly inspiring.

So, let's talk about JIPO and the Hague system. What initiatives or activities has the Jamaican IP Office undertaken to support local designers in navigating international design protection?

How do these initiatives directly impact the local design community?

Adrienne Thompson: A lot of JIPOs work, especially in the design space, has to do with just letting our local designers know that the IP system is available to them and letting them know how to access it and what they need to do in order to get their works protected.

So, we do a lot of public education activities, including seminars and workshops that focus on exposing our local artisans to the importance of IP protection, and increasing awareness of how they can use IP to essentially expand their business and create a bigger impact, not only locally, but in various export markets.

We also do collaboration with various organizations such as the Jamaica Business Development Corporation or the Jamaica Manufacturers and Exporters Agency to provide various small, medium, mid-size and developing enterprises access not only to IP knowledge, but access to how to use international systems such as the Hague system to target various markets and to essentially exports. Because that's how we're going to grow our economy by exporting to all of these foreign markets.

Sarah Lucek: Before my next question, I'd just like to remind you that the Hague system serves as a one-stop shop for protecting designs internationally. It enables designers to safeguard their creations in multiple countries simultaneously, simplifying the process significantly.

So, this streamlined system not only reduces administrative burdens, but also offers a cost-effective means for designers and companies to protect their creations across different jurisdictions and expand into international markets.

Now with Jamaica's recent accession to the Hague system, what are your expectations regarding the benefits it will bring and how do you foresee it impacting designers and companies in Jamaica?

Adrienne Thompson: It will grant them easier access to protect their designs in the various export markets. Even though Jamaica is tiny, we have a very vibrant and diverse diaspora where you can probably find a Jamaican in every pocket of the world.

A lot of times what will happen is that in order to get to members of the diaspora, exporters will focus on certain markets, but they won't have access to other markets because there isn't sufficient IP protection in those markets.

It's expensive to hire local attorneys to help you to navigate the various IP systems. And so that can really be a barrier to trade for a small entity.

One of the benefits of the Hague system is just allowing for easier access to these markets and allowing you to obtain protection a lot more easily by using a centralized system and thereby allowing you to explore these untapped markets.

Sarah Lucek: So, we can say that Jamaica joining the Hague System is a big step.

However, we haven't seen many international design applications from Jamaica yet. What do you think is causing this and how can we make it easier for them to get involved?

Adrienne Thompson: I think one of the issues is really that we need to increase our sensitization efforts.

A lot of people really are so focused on their business and growing the business that IP protection and the things that they need to do to protect their designs tends to fall in the background.

That's why we continue to sensitize and to let people know about the importance of IP protection and also about the Hague system.

It's also important that we remove barriers such as the cost to utilize the system. The costs for using the system can serve as a significant hurdle for them to overcome in order to gain access.

Perhaps we can, in addition to sensitizing, work on a more favorable fee structure that encourages people who have small, tiny businesses to utilize the Hague System.

Sarah Lucek: So, to follow up on your reply, what additional measures or strategies do you believe should be implemented to enhance the utilization and accessibility of Hague systems for designers in Jamaica and other developing countries?

Adrienne Thompson: So, like I said, the fee structure perhaps taking into consideration the size of the entity that's applying, maybe something similar to the patent-PCT system where they'll have discounts for people from developing countries.

So, one of those things or other modifications to the figure regime that will encourage smaller businesses to think that they actually can access and utilize the system.

Sarah Lucek: Would you think that additional trainings or webinars also would help in that sense?

Adrienne Thompson: Definitely, because the problem that we have is that for all the training that we do, we always get people who say they haven't heard about IP protection, they haven't heard about the Hague system.

Definitely more trainings and finding more creative ways to get to people where they are.

Perhaps we're limited in terms of how many people we can reach via webinars or expos, going out into the communities and meeting designers in their workspaces, for example, is something that we would love to do.

But again, as an IP office, we also have resource challenges, and so definitely we need to work on how to be most efficient in getting the message out.

Sarah Lucek: And lastly, what advice would you give to designers in developing countries who are considering using the Hague System to protect their designs? And are there any common misconceptions or barriers they should be aware of?

Adrienne Thompson: So, for all areas of IP, my standard recommendation is that small business owners and larger business owners get legal advice regarding the best strategies that they should use to protect their IP portfolio.

A lot of tiny designers and creatives think that getting a lawyer is something is reserved for the big corporations and as a tiny entity, they don't need to take those steps.

And then, we see them on the back in after somebody has infringed their work and they haven't taken steps to protect it, how distraught they can be.

I always recommend to designers that they take the necessary steps to get legal advice, to come up with a strategy as to how best to protect their work, and then to also think about what markets they're planning to utilize their designs in and making sure that they have protection in those markets.

Sarah Lucek: Thank you so much, Adrienne, for sharing your expertise with us today!

And thank you to all our listeners for joining us on this insightful journey through Design Talks, presented by the World Intellectual Property Organization, with generous support from the Funds in Trust Japan Industrial Property Global.

Stay tuned for our upcoming episodes, where we'll continue to delve into the minds of designers and experts, unraveling their inspiring tales and uncovering the secrets to success in the world of design.

In the meantime, you can listen to our podcast episode on our website or on podcast platforms such as Spotify, Apple podcast and Google podcast.

Until next time, embrace your creativity, dare to dream, and let your imagination soar.

Together, let's shape a brighter future through the power of design!