CAYMAN ISLANDS Law and Practice Contributed by: Daniel Lee, Sophia Scott, Kimberly Robinson and James Turner, Maples Group
6.3 Cartels The Cayman Islands has anti-competitive legisla - tion for the utilities markets and sectors. The URCA prohibits the agreements by service providers in the utilities markets and sectors that prevent, restrict or distort competition. 6.4 Abuse of Dominant Position The Cayman Islands currently has no rules governing unilateral conduct or economic dependency.
Extension process A patent owner, through their local registered agent, may apply to the Registrar of Patents to extend their patent rights to the Cayman Islands, by submitting: • a copy of the certificate issued by the UK or other qualifying registry (such as the details of a patent’s particulars as obtained from the UK Intellectual Property Office); • the form of application as prescribed in the Patents Regulations (As Revised); and • registration and Cayman Islands Gazette fees. If the Registrar of Patents is satisfied that the applica - tion is in order, they will record the extension of the patent accordingly. All owners of patents which are (or will be) recorded at the CIIPO must have a registered agent in the Cay - man Islands. The CIIPO maintains a list of approved registered agents for this purpose. Disputes/enforcement Disputes related to patent infringement are heard in the Grand Court. Remedies include declarations, injunctions, damages, or an account of profits. If a bad faith assertion of patent infringement is made, an aggrieved party may bring a claim for injunctions, equitable relief, or damages (including aggravated and/or exemplary damages). The Cayman Islands is a “costs-shifting” or “loser pays” jurisdiction, where the losing party pays the winning party’s legal costs. 7.2 Trade Marks The Trade Marks Act (As Revised) (the “Trade Marks Act”) provides for the registration of trade marks, cer - tification marks, and collective marks (collectively the “Marks”) in the Cayman Islands. The Trade Marks Act defines the different types of Marks as: • “trade mark” any sign capable of being represent - ed graphically which is capable of distinguishing goods or services of one undertaking from those of another undertaking and may consist of words,
7. Intellectual Property 7.1 Patents Patents What may be registered
The Cayman Islands’ patent regime is provided by the Patents Act (2018 Revision) (the “Patents Act”). It pro - vides for the recordal and extension (“extension”) of: • UK-registered patents; and • UK-designated European Patent Convention (EPC) patents to the Cayman Islands. While the Patents Act contemplates that European Patents with Unitary Effect may also be extended, since the UK’s departure from the EU, they are unlikely to be properly registrable with the Cayman Islands Intellectual Property Office (CIIPO) or enforceable at law. It is not currently possible to register new patents (subject to an examination process) in the Cayman Islands. Rights, subsistence duration The owner of an extended patent has equivalent rights and remedies to those available in the UK. Protection is effective from the time the right arose in the UK and subsists while in force in the UK, though no local infringement proceeding may be sustained for actions prior to local extension. Relevant local fees must be paid to maintain the extension.
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