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ENFORCING IP RIGHTS IN JAMAICA

ENFORCING IP RIGHTS IN JAMAICA. Andrea Scarlett-Lozer Attorney-at-Law Myers, Fletcher & Gordon. Enforcement of IP rights GENERALLY. Set the Stage Register IP assets Use IP assets properly in own business Develop an IP protection policy

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ENFORCING IP RIGHTS IN JAMAICA

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  1. ENFORCING IP RIGHTS IN JAMAICA Andrea Scarlett-Lozer Attorney-at-Law Myers, Fletcher & Gordon

  2. Enforcement of IP rights GENERALLY Set the Stage • Register IP assets • Use IP assets properly in own business • Develop an IP protection policy • Educate managers and other staff members to be able to identify infringements

  3. Enforcement of IP rights GENERALLY Amicable arrangements • Start by ensuring that there are adequate provisions for the protection of IP rights in business agreements, for example, distribution agreements, service agreements, sponsorship agreements, employment contracts

  4. Enforcement of IP rights GENERALLY • Identify infringements • Warn the infringer, usually by formal Cease and Desist letter • Issue Claim Form • Injunctions • Enforcement at ports of entry

  5. Enforcement of IP rights GENERALLY • Require enforcement by licensees, or at the very least co-operation in enforcement proceedings • Monitor social media and respond appropriately to different situations – one size does not fit all.

  6. Enforcement of IP rights GENERALLY • Domain names – WIPO dispute resolution procedure • Adwords • Criminal proceedings

  7. Enforcement of IP rights GENERALLY • Local case studies to learn from: (i) Carreras (ii) Paymaster (iii) Bob Marley Foundation (iv) Medimpex and Pfizer

  8. THE END THANK YOU Andrea Scarlett-Lozer Attorney-at-Law Myers, Fletcher & Gordon

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