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Isle of Man 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. 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 Isle of Man has been establishing a reputation as a good choice of jurisdiction for intellectual property. This is for an number as reasons as follows;
- 0% corporate income tax
- Dividends made to non-residents are taxed at 0%
- No withholding tax
- No capital gains tax
- No thin capitalisation rules
- Losses can be carried forward indefinitely provided a continuity of business test is satisfied. There are also provisions for loss relief within groups of companies
- Double tax relief is available for foreign tax paid
- No inheritance tax
- The government is in full support of enhancing its intellectual property laws
- The Isle of Man has a wide range of skilled professional service providers

The Isle of Man is a party to several organisations and agreements to do with intellectual property including;
- The Berne Convention
- The World Trade Organizations Agreement on Trade Related Aspects of Intellectual Property
- The UK Patents Act 1977
- The Patent Cooperation Treaty

The Isle of Man is also party to the UK legislation relating to trademarks, the European Community Trademarks and the Madrid Protocol. Although the Isle of Man is not part of the EU trade marks are recognised and protected in the Isle of Man.

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