(1) The Registrar must create a seal in a form approved by the Commission for the authentication of documents produced in the exercise of the functions of the Registrar.

(2) A document is taken to be executed by or on behalf of the Registrar and is effective in law to bind the Registrar if –

(a) it has been sealed with the Registrar’s official seal; and

(b) it has been signed by the Registrar or by an authorised officer.

4 Functions of Registrar

(1) The functions of the Registrar are –

(a) to establish and maintain the Register in accordance with Part 3;

(b) to advise the Commission generally in relation to –

(i) the registration of intellectual property;

(ii) the administration, protection and enforcement of intellectual property rights; and

(iii) intellectual property law, practice and procedure;

(i) information required to be published by the Registrar or the Commission under this Law or a related enactment; and

(ii) any other information that the Registrar thinks fit; and

(d) to exercise any other function conferred on the Registrar under this Law or a related enactment.

(2) The Registrar has the power to do anything that the Registrar considers necessary or expedient for the purposes of exercising the functions of the Registrar, including –

(a) the power to request a person to produce a document, accounts and information in a manner that the Registrar considers appropriate;

(b) the power to obtain from a person a document, accounts and information in a manner that the Registrar considers appropriate;

(d) the power to appoint a person or body to advise the Registrar in relation to the exercise of the functions of the Registrar.

(3) The Registrar is responsible to the Commission for the discharge of the functions of the Registrar.

(4) For the purposes of Article 5 of the Financial Services Commission Law, the functions conferred on the Registrar under this Law or a related enactment are functions conferred on the Commission.

5 Disclosure of interests

(1) Paragraph (2) applies if –

(a) the Registrar has a direct or indirect personal interest in the outcome of a matter with which they are dealing under this Law or a related enactment; and

(b) that interest conflicts, to a material extent, with the exercise of the Registrar’s functions in relation to that matter.

(2) The Registrar must disclose the nature of that interest to the Commission who must ensure the matter is appropriately managed.

(3) If the matter the Registrar is dealing with concerns a body corporate, the requirement under paragraph (2) is satisfied if the Registrar gives a general notice stating that –

(a) they are a shareholder in, or a director of, that body corporate; and

(b) they are to be regarded as interested in any matter concerning that body corporate.

Part 3

Jersey intellectual property register

6 Establishment of Jersey Intellectual Property Register

(1) The Registrar must establish and maintain a register of intellectual property known as the Jersey Intellectual Property Register.

(2) The Jersey Intellectual Property Register is made up of the following registers –

(a) the register of trade marks;

(b) the register of patents;

(3) The register of patents maintained before the commencement date by the Judicial Greffier under the Patents Law is maintained under that Law by the Registrar on and after the commencement date.

(4) The register of designs maintained before the commencement date by the Judicial Greffier under the Registered Designs Law is maintained under that Law by the Registrar on and after the commencement date.

(5) In this Article, “commencement date” means the date on which this Article comes into force.

7 Inspection of Register

(1) The Registrar must make the Register available for public inspection free of charge.

(2) The Registrar must, on request, provide a person with a certified or uncertified copy of, or extract from, an entry in the Register.

(3) A request under paragraph (2) must –

(a) be made in the manner required by the Registrar; and

(b) be accompanied by any fee set by the Commission under Article 9 for the provision of a certified or uncertified copy or extract.

(4) A certified copy or certified extract given under paragraph (2) must be signed by the Registrar and sealed with the Registrar’s official seal.

8 Correction of clerical errors in Register

(1) The Registrar may correct a clerical error in an entry in the Register –

(a) on the Registrar’s own volition; or

(b) on the written request of a person who appears to the Registrar to have a sufficient interest in the entry.

(2) If the Registrar proposes to make a correction on the Registrar’s own volition, the Registrar must –

(a) give notice of the proposal to the relevant person;

(b) give notice to any other person who appears to the Registrar to have an interest in the entry; and

(3) The Registrar must refuse a request by a person under paragraph (1)(b) if it appears to the Registrar that the correction requested by the person would materially affect the privileges and rights conferred by registration of the intellectual property.

(4) If the Registrar refuses the request, the Registrar must inform the person of the right to apply for rectification of the Register under –

(a) Article 16 of the Trade Marks Law;

(b) Article 10 of the Patents Law; or

(5) A person may appeal to the Royal Court against a decision of the Registrar under this Article.

(6) An appeal under this Article must be made –

(a) before the end of 28 days beginning with the date of the Registrar’s decision; or

(b) within any longer period, with the leave of the Court.

(7) In this Article, “relevant person” means –

(a) in relation to the register of patents, the patentee;

(b) in relation to the register of designs or the register of trade marks, the registered proprietor.

9 Fees and charges

(1) The Commission may, following consultation with the Minister, set the fees to be paid –

(a) under a related enactment for applications for registration of intellectual property and the registration of intellectual property; and

(b) for the exercise of the functions of the Registrar and any other matter under this Law or a related enactment.

(2) The Commission may provide for –

(a) the payment of a single fee in respect of 2 or more matters; and

(b) the circumstances, if any, in which a fee may be repaid or remitted.

(3) The Registrar must publish fees on the Registrar’s website.

(4) If a fee set under this Article is payable under this Law or a related enactment, the Registrar is not required to take any action until the fee is paid.

(5) If a fee is required to accompany a document given to the Registrar under this Law or a related enactment, the Registrar is not taken to have received the document until the fee is paid.

(6) The Commission may determine the charges payable to it for a service, advice or assistance provided by the Registrar under this Law or a related enactment.

(7) The Commission must pay to the Treasurer of the States any surplus.

(8) In this Article –

“income of the Commission” includes fees and charges set or determined under this Article;

“surplus” means income of the Commission that exceeds the sum of –

(a) the amount necessary to meet the Commission’s liabilities and cover the Commission’s expenses; and

(b) the amount necessary to provide a reserve.

Part 4

Additional functions of registrar

10 Hours of business and business days

(1) The Registrar may give directions specifying –

(a) the Registrar’s hours of business for transaction by the public of business under this Law or a related enactment; and

(b) the days that are business days for that purpose.

(2) Business done on a day after the specified hours of business, or on a day that is not a business day, will be taken to have been done on the next business day.

(3) If the time for doing anything under this Law or a related enactment expires on a day that is not a business day, that time will be extended to the next business day.

(4) Directions under paragraph (1) may make different provision for different classes of business.

(5) The Registrar must publish on the Registrar’s website any directions given under paragraph (1).

11 Application to Royal Court for directions

(1) The Registrar may, if they believe that it would assist them in the proper and lawful exercise of their functions, apply to the Royal Court –

(a) for directions; or

(b) for the determination of a question of fact, law or procedure.

(2) The application must be made in the manner required by the Royal Court.

(3) On an application under paragraph (1), the Royal Court may make any order it thinks fit.

Part 5

Documentation and records

12 Form of documents to be given to Registrar

(1) The Commission or the Registrar may publish –

(a) forms to be used for the exercise of the functions of the Registrar;

(b) directions about the use of those forms.

(2) If an enactment requires a document to be given to the Registrar, but the form of the document has not been published by the Commission or the Registrar, a person complies with the requirement if they give to the Registrar a document, or information that must be contained in the document, in a form and manner acceptable to the Registrar.

(3) The Commission or Registrar may publish details of how a person must authenticate a document that is given to the Registrar.

(4) Despite any other provision of this Law or a related enactment, or any customary law in relation to the service of documents, a document required to be given to the Registrar under or for the purposes of this Law or a related enactment is not given until it is received by the Registrar.

13 Documents to be given in electronic form

(1) This Article –

(a) applies to a document that is required to be given to the Registrar under or for the purposes of this Law or a related enactment; but

(b) does not apply to a document for which provision for service is made by Rules of Court.

(2) The Registrar may require or permit a document to which this Article applies to be given to the Registrar in the electronic form and by the electronic means determined by the Registrar.

(3) A determination by the Registrar under paragraph (2) may be made in relation to a particular case or class of cases, or may apply generally.

(4) The Registrar must publish on the Registrar’s website a determination –

(a) that relates to a class of cases; or

(b) that applies generally.

(5) In this Article –

“document” includes an application, statement, consent, declaration or signature;

“electronic” has the meaning given in Article 1 of the Electronic Communications (Jersey) Law 2000.

14 Keeping of records

(1) If a document is given to the Registrar under a requirement of this Law or a related enactment, the information contained in that document must be recorded and kept by the Registrar in a form –

(a) that is approved by the Commission;

(b) that is capable of being inspected; and

(2) The keeping by the Registrar of a record of a document under paragraph (1) is sufficient compliance with any duty that the Registrar has to keep the document.

15 Destruction of records

The Registrar may destroy a record kept by the Registrar under Article 14 (keeping of records) if –

(a) the record is an original document and the Registrar, in accordance with Article 14, has recorded and kept the information contained in the original document;

(b) the record formed part of an application for registration and –

(i) the Registrar, in accordance with Article 14, has recorded and kept the information contained in that part of the application; and

(ii) the record has been kept for more than 10 years; or

(c) the record relates to an entry in the Register and the entry has been removed from the Register for at least 10 years.

16 Service of documents by Registrar

(1) The Minister may by Order provide for the service of documents by the Registrar in the manner specified in the Order.

(2) If the Minister does not make an Order under paragraph (1), the Registrar may serve a document in the manner the Registrar thinks fit.

(3) This Article does not apply to a document for which provision for service is made by Rules of Court.

17 Proof of documents and entry in Register prima facie evidence of valid registration

(1) This Article applies in relation to a document purporting to be –

(a) issued by or on behalf of the Registrar; or

(b) signed by the Registrar or by an authorised officer.

(2) The document may be received in evidence and is evidence of the matters stated in that document.

(3) Unless the contrary is proved, the document is taken –

(a) to be the document that it purports to be; and

(b) to be issued by or on behalf of the Registrar or to be signed by the Registrar or authorised officer, without proof of that person’s identity, signature or official capacity.

(4) The Register is prima facie evidence of a matter entered in the Register, including the validity of –

(a) the original registration of the intellectual property; and

(b) any assignment or other transmission of the intellectual property.

Part 6

Miscellaneous

18 Power to make Regulations

(1) The States may by Regulations –

(a) make provision, including by amendment to this Law or a related enactment, that the States consider to be necessary and appropriate for the purposes of giving effect to this Law or a related enactment;

(b) amend any provision of this Law (other than this Article) to make alternative or supplementary provision that appears to the States to be appropriate.

(2) Regulations under paragraph (1) may do any of the following –

(a) create offences for the breach of any provision of this Law, a related enactment, or Regulations made under this Law or a related enactment;

(b) specify penalties for those offences not exceeding imprisonment for 2 years and a fine;

(d) provide for transitional provisions the States consider to be necessary or appropriate.

19 Power to make Orders

(1) The Minister may make an Order generally for regulating practice and procedure under this Law.

(2) If the Minister does not make an Order under this Article, the Registrar may adopt the practice and procedure that the Registrar thinks fit.

20 Rules of Court

The power to make Rules of Court under Article 13 of the Royal Court (Jersey) Law 1948 includes the power to make rules for the purposes of this Law.

21 Patents Law amended

Schedule 1 contains amendments to the Patents Law consequential on this Law.

22 Registered Designs Law amended

Schedule 2 contains amendments to the Registered Designs Law consequential on this Law.

23 Citation and commencement

This Law may be cited as the Registrar of Intellectual Property (Jersey) Law 202- and comes into force on a date specified by the Minister for External Relations by Order.

Schedule 1

(Article 21)

Patents law amended

1 Patents Law amended

This Schedule amends the Patents (Jersey) Law 1957.

2 Article 1 (interpretation) amended

(1) This paragraph amends Article 1.

(2) After the definition “invention” there is inserted –

“Jersey Intellectual Property Register” means the Jersey Intellectual Property Register established under Article 6 of the Registrar’s Law;

(3) For the definition “register of patents” there is substituted –

“register of patents” means that part of the Jersey Intellectual Property Register that is maintained under Article 3;

(4) After the definition “register of patents” there is inserted –

“Registrar” means the person appointed as the Registrar of Intellectual Property under Article 2 of the Registrar’s Law;

“Registrar’s Law” means the Registrar of Intellectual Property (Jersey) Law 202-;

“Registrar’s website” means the website maintained by the Registrar under the Registrar’s Law.

3 Article 3 (register of patents) amended

(1) This paragraph amends Article 3.

(2) For paragraph (1) there is substituted –

(1) The Registrar must maintain a register of patents.

(1A) The Registrar must enter in the register –

(a) particulars of patents;

(b) particulars of assignments and transmissions of patents;

(d) other matters that the court or the Registrar thinks fit that affect the validity or proprietorship of patents.

(3) Paragraphs (2) and (3) are deleted.

(4) For paragraph (4) there is substituted –

(4) The Registrar –

(a) is not affected by a notice of trust (express, implied or constructive); and

(b) must not enter a notice of trust in the register of patents.

4 Article 4 (registration of patents) amended

(1) This paragraph amends Article 4.

(2) In paragraph (1), for “Judicial Greffier” there is substituted “Registrar”.

(3) In paragraph (3) –

(a) for “Judicial Greffier may” there is substituted “Registrar may”;

(b) for “a website maintained by the Judicial Greffier or the States of Jersey” there is substituted “the Registrar’s website”.

(4) In paragraph (4), for “submitted in support thereof will be open to public inspection at the Judicial Greffe” there is substituted “accompanying the application are available for public inspection under Article 7 of the Registrar’s Law”.

(5) In paragraph (5), for “Judicial Greffier” there is substituted “Registrar”.

(6) For paragraph (6) there is substituted –

(6) The Registrar must apply to the court for directions if –

(a) a notice of opposition is given under paragraph (5);

(b) the Registrar doubts whether an application for registration should be granted; or

(6A) An application under paragraph (6) must be made in the manner required by the court.

(6B) On an application under paragraph (6), the court –

(a) may make the orders it thinks necessary relating to the convening of persons, the taking of evidence and the making of enquiries; and

(b) must determine, subject to the provisions of this Law and to rules of court whether the patent should be registered and, if so, subject to what conditions.

(7) In paragraph (7), in both places it occurs, for “Judicial Greffier” there is substituted “Registrar”.

5 Article 5 (registration of extension, additions and amendments and of restoration of lapsed patents) amended

(1) This paragraph amends Article 5.

(2) In paragraphs (1), (3) and (4) –

(a) for “Judicial Greffier in such manner as the Judicial Greffier” there is substituted “Registrar in the manner the Registrar”;

(b) for “a website maintained by the Judicial Greffier or the States of Jersey” there is substituted “the Registrar’s website”.

6 Article 6 (registration of assignments, etc.) amended

(1) This paragraph amends Article 6.

(2) In paragraph (1), for “Judicial Greffier” there is substituted “Registrar”.

(3) In paragraph (2) –

(a) for “Judicial Greffier may” there is substituted “Registrar may”;

(b) for “a website maintained by the Judicial Greffier or the States of Jersey” there is substituted “the Registrar’s website”.

(4) For paragraph (3) there is substituted –

(3) On receipt of an application under paragraph (1), the Registrar must register the title or interest.

(4) But if the Registrar doubts whether the application should be granted or a question arises in relation to the application, the Registrar must apply to the court for directions.

(5) An application under paragraph (4) must be made in the manner required by the court.

(6) On an application under paragraph (4), the court –

(a) may make the orders it thinks necessary relating to the convening of persons, the taking of evidence and the making of enquiries; and

(b) must determine, subject to the provisions of this Law and to rules of court, whether the application should be granted.

7 Article 7 (legal presence in Jersey unnecessary for purpose of making applications) amended

In Article 7, for “Judicial Greffier” there is substituted “Registrar”.

8 Article 10 (rectification of register) amended

In Article 10(1), for “the Attorney General or of” there is substituted “a patentee or”.

9 Article 11 (power to correct clerical errors) deleted

Article 11 is deleted.

10 Article 24A (Regulations) amended

(1) This paragraph amends Article 24A.

(2) For paragraph (1)(c) there is substituted –

(3) Paragraph (2)(d) is deleted.

(4) After paragraph (2) there is inserted –

(3) In this Article, “EU provision” has the meaning given in the European Union Legislation (Implementation) (Jersey) Law 2014.

11 Article 25 (powers of States as regards fees) deleted

Article 25 is deleted.

Schedule 2

(Article 22)

Registered designs lAw amended

1 Registered Designs Law amended

This Schedule amends the Registered Designs (Jersey) Law 1957.

2 Article 1 (interpretation) amended

(1) This paragraph amends Article 1.

(2) After the definition “International Registration of Industrial Designs Order” there is inserted –

“Jersey Intellectual Property Register” means the Jersey Intellectual Property Register established under Article 6 of the Registrar’s Law;

(3) For the definition “register of designs” there is substituted –

“register of designs” means that part of the Jersey Intellectual Property Register that is maintained under Article 3;

(4) After the definition “registered proprietor” there is inserted –

“Registrar” means the person appointed as the Registrar of Intellectual Property under Article 2 of the Registrar’s Law;

“Registrar’s Law” means the Registrar of Intellectual Property (Jersey) Law 202-;

“Registrar’s website” means the website maintained by the Registrar under the Registrar’s Law;

3 Article 3 (register of designs) amended

(1) This paragraph amends Article 3.

(2) For paragraph (1) there is substituted –

(1) The Registrar must maintain a register of designs.

(1A) The Registrar must enter into the register of designs –

(a) the representation or specimen of a design;

(b) the name and address of the proprietor of a design;

(d) other matters that the court or the Registrar thinks fit that affect the validity or proprietorship of a design.

(3) For paragraph (2) there is substituted –

(2) A representation or specimen of a design entered in the register of designs may not be inspected by a person under Article 7 of the Registrar’s Law before the date on which it is open to public inspection in the United Kingdom.

(2A) Paragraph (2) does not apply to –

(a) the registered proprietor or a person authorised in writing by the registered proprietor; or

(b) a person authorised by the court or the Registrar.

(4) Paragraph (3) is deleted.

(5) For paragraph (4) there is substituted –

(4) The Registrar –

(a) is not affected by a notice of trust (express, implied or constructive); and

(b) must not enter a notice of trust in the register of designs.

4 Article 4 (registration of designs) amended

(1) This paragraph amends Article 4.

(2) In paragraph (1), for “Judicial Greffier” there is substituted “Registrar”.

(3) In paragraph (3) –

(a) for “Judicial Greffier may” there is substituted “Registrar may”;

(b) for “a website maintained by the Judicial Greffier or the States of Jersey” there is substituted “the Registrar’s website”.

(4) For paragraph (4) there is substituted –

(4) On receipt of an application under paragraph (3), together with the documents mentioned in that paragraph, the Registrar must register the design and issue a certificate of registration.

(5) But if the Registrar doubts whether the application should be granted or a question arises in relation to the application, the Registrar must apply to the court for directions.

(6) An application under paragraph (5) must be made in the manner required by the court.

(7) On an application under paragraph (5), the court –

(a) may make the orders it thinks necessary relating to the convening of persons, the taking of evidence and the making of enquiries; and

(b) must determine, subject to the provisions of this Law and to rules of court, whether the design should be registered.

5 Article 5 (extension and restoration of rights in designs) amended

(1) This paragraph amends Article 5.

(2) In paragraph (1) –

(a) for “Judicial Greffier in such manner as the Judicial Greffier” there is substituted “Registrar in the manner the Registrar”;

(b) for “a website maintained by the Judicial Greffier or the States of Jersey” there is substituted “the Registrar’s website”.

(3) For paragraphs (3) and (4) there is substituted –

(3) On receipt of an application under paragraph (1), the Registrar must register the extension or restoration of the right.

(4) But if the Registrar doubts whether the application should be granted or a question arises in relation to the application, the Registrar must apply to the court for directions.

(5) An application under paragraph (4) must be made in the manner required by the court.

(6) On an application under paragraph (4), the court –

(a) may make the orders it thinks necessary relating to the convening of persons, the taking of evidence and the making of enquiries; and

(b) must determine, subject to the provisions of this Law and to rules of court, whether the application should be granted.

6 Article 6 (registration of assignments, etc.) amended

(1) This paragraph amends Article 6.

(2) In paragraph (1), for “Judicial Greffier” there is substituted “Registrar”.

(3) In paragraph (2) –

(a) for “Judicial Greffier” there is substituted “Registrar”;

(b) for “a website maintained by the Judicial Greffier or the States of Jersey” there is substituted “the Registrar’s website”.

(4) For paragraph (3) there is substituted –

(3) On receipt of an application under paragraph (1), the Registrar must register the title or interest.

(4) But if the Registrar doubts whether the application should be granted or a question arises in relation to the application, the Registrar must apply to the court for directions.

(5) An application under paragraph (4) must be made in the manner required by the court.

(6) On an application under paragraph (4), the court –

(a) may make the orders it thinks necessary relating to the convening of persons, the taking of evidence and the making of enquiries; and

(b) must determine, subject to the provisions of this Law and to rules of court, whether the application should be granted.

7 Article 7 (cancellation of registration, and registration of change of name and address) amended

In Article 7, for “Judicial Greffier” there is substituted “Registrar”.

8 Article 8 (legal presence in Jersey unnecessary for purpose of making applications) amended

In Article 8, for “Judicial Greffier” there is substituted “Registrar”.

9 Article 11 (rectification of register) amended

In Article 11(1), for “Attorney General” there is substituted “registered proprietor”.

10 Article 12 (power to correct clerical errors) deleted

Article 12 is deleted.

11 Article 20A (Regulations) amended

(1) This paragraph amends Article 20A.

(2) For paragraph (1)(c) there is substituted –

(3) Paragraph (2)(d) is deleted.

(4) After paragraph (2) there is inserted –

(3) In this Article, “EU provision” has the meaning given in the European Union Legislation (Implementation) (Jersey) Law 2014.

12 Article 21 (powers of States as regards fees) deleted

Article 21 is deleted.

Page Last Updated: 26 Nov 2025

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Registrar of Intellectual Property (Jersey) Law 202-