CAYMAN ISLANDS Law and Practice Contributed by: Daniel Lee, Sophia Scott, Kimberly Robinson and James Turner, Maples Group
All owners of design rights which are (or will be) recorded at the CIIPO must have a registered agent in the Cayman Islands. The CIIPO maintains a list of approved registered agents for this purpose. Disputes/Enforcement Disputes relating to design rights infringement are heard in the Grand Court. Remedies include declara - tions, injunctions, damages, or an account of profits. Bad faith assertions of design rights infringement may give rise to a claim for injunctions, equitable relief, or damages. The Cayman Islands is a “costs-shifting” jurisdiction. 7.4 Copyright The Copyright (Cayman Islands) Order, 2015 and the Copyright (Cayman Islands) (Amendment) Order, 2016 (together, the “Copyrights Orders”) extend certain pro - visions of the UK Copyright, Designs and Patents Act 1988 to the Cayman Islands (principally, Part I), sub - ject to modifications. The copyright regime provides for the protection of: • original literary, dramatic, musical, or artistic works (LDMA): (a) “literary works” expressly include tables, com - pilations, computer programs (and their pre - paratory design materials), and databases; (b) “dramatic works” include works of dance or mime; (c) “musical works” expressly refers to the music (excluding any words or action intended to be sung, spoken, or otherwise performed with the music); (d) “artistic works” include graphic works (paint - ings, drawings, diagrams, maps, charts, plans, engravings, etchings, lithographs, woodcuts) photographs, sculptures, collages, works of architecture, or works of artistic craftsmanship; • sound recordings, films, or certain broadcasts; and • the typographical arrangement of published edi - tions. The duration of copyright protection varies depending on the type of work and other factors. Protection for original LDMA works is ordinarily 70 years beyond the
life of the author; other works vary between 25 and 70 years. It is not currently possible or necessary to regis - ter copyright in the Cayman Islands. Copyright may be enforced by court action, generally in the Grand Court. Remedies for copyright infringement include damag - es, injunctions, delivery-up of the infringing work, right to seizure of infringing work or any other remedy that would be available in respect of any other property right. Criminal sanctions for copyright infringement are also available. 7.5 Others Software and databases are principally protected as copyright works (see 7.4 Copyright ). In certain cir - cumstances, the law of confidential information may provide further protection for computer code or algo - rithms. Trade secrets are protected by an action for breach of confidence. An action for breach of confidence clas - sically requires three elements: • the information itself is properly confidential; • the information was imparted in circumstances importing an obligation of confidence; and • there has been an unauthorised use/misuse of that information. When a breach of confidence action is made out, typical remedies include injunctions, damages or an account of profits, and declarations. The Cayman Islands Data Protection Act (As Revised) (DPA) is the main applicable legislation modelled on the UK’s Data Protection Act 1998 with elements of the GDPR. Its requirements are broadly similar to the GDPR, but less onerous. 8.2 Geographical Scope Like the GDPR, the DPA has extraterritorial effect, applying to any “data controller” established in the Cayman Islands and to any “data controller” on whose behalf personal data is processed in the Cayman Islands for any purpose other than mere transit. 8. Data Protection 8.1 Applicable Regulations
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