Chesterfield (London) 
207 Old Marylebone Road
Tel: +44 (0) 203 771 3853
Fax: +44 (0) 203 771 3856

BVI Intellectual Property

Intellectual Property law or IP law as it is more often referred to is the Legal entitlement in connection with creative ideas and works such as literary works, artistic works, designs and inventions. The purpose of BVI Intellectual Property law is to enable a business environment where innovation and creativity are protected. Theft of a person’s idea or copying of a person’s work is not generally taken as seriously as theft of a person’s TV or phone, hence the need for IP law to protect this.

The World Intellectual Property Convention of 1968 defines IP as including;

- Literary, artistic and scientific works
- Performances of performing artists, phonograms and broadcasts
- Inventions in all fields of human endeavour
- Scientific discoveries
- Industrial designs
- Trademarks, service marks and commercial names and designations
- Protection against unfair competition, and
- All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields

The BVI has its own patents and trade marks registry, it is also possible to apply for local patents and trade marks to be registered with the UK Intellectual Property Office. The BVI Financial Services Commission announced in 2010 the establishment of a Focus Group set up to review and revise existing IP laws in an effort to ensure the BVI are able to compete with other jurisdictions. Subsequently a new Trade Marks Act 2013 is expected shortly, this will replace the current legislation being the Trade Marks Act 1987 and the Registration of United Kingdom Trade Marks Act 1946. The renewal term for registration will now be ten years instead of fourteen and it will be possible to file electronically as opposed to at present by physical filings. Also there will be a wider definition of trade marks to include things like smells, sounds and taste.

This is just another example of how the BVI is constantly striving to ensure that they are at the highest standard in every aspect of corporate law in order to offer is thousands of clients per year the best possible service at the best possible standards.

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