CAYMAN ISLANDS Law and Practice Contributed by: Daniel Lee, Sophia Scott, Kimberly Robinson and James Turner, Maples Group
any actions occurring prior to the local exten - sion. Relevant local fees must be paid to main - tain the extension. In relation to EU-derived rights, caution must be exercised that such rights remain in force or oth - erwise enforceable in the UK post-Brexit as this will expressly limit their enforceability. Extension Process A design right owner, acting through their local registered agent, may apply to the CIIPO to have their design rights extended to the Cayman Islands, by paying the relevant fees and showing that the design right is currently held in the UK and the design right is derived from registration in the UK or the EU. If the Registrar of Design Rights is satisfied that the application is in order, they will record the extension of the design right accordingly. 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 main - tains a list of approved registered agents for this purpose. Disputes/Enforcement Disputes in relation to design rights infringe - ment (or any other design rights-related matter affecting rights or remedies) are heard in the Grand Court. Typical remedies for infringement include declarations, injunctions, damages, or an account of profits, though the full suite of remedies (as would be available in the UK) are available in the Cayman Islands. If a bad faith assertion of design rights infringe - ment is made by any person (including, normally, the owner or licensee), an aggrieved party may bring a claim against the person making the
assertion for injunctions, other equitable relief, or damages (including aggravated and/or exem - plary damages). The Cayman Islands is a “costs- shifting” or ”loser pays” jurisdiction: that is, the losing party typically is obliged to pay the legal costs (or a proportion of them) of the winning party. 7.4 Copyright The Copyright (Cayman Islands) Order, 2015 and the Copyright (Cayman Islands) (Amendment) Order, 2016 (together, the “Copyrights Orders”) extend certain provisions of the UK Copyright, Designs and Patents Act 1988 to the Cayman Islands (principally, Part I), subject to some mod - ifications. The copyright regime provides for the protec - tion of: • original literary, dramatic, musical, or artistic works (LDMA): (a) “literary works” expressly include tables, compilations, computer programs (and their preparatory 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” includes graphic works (paintings, drawings, diagrams, maps, charts, plans, engravings, etchings, lito - graphs, woodcuts) photographs, sculp - tures, collages, works of architecture, or works of artistic craftsmanship; • sound recordings, films, or certain broad - casts; and • the typographical arrangement of published editions.
165 CHAMBERS.COM
Powered by FlippingBook