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Intellectual Property (Plant Varieties) (Jersey) Law 201-

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 29 February 2016:

Decision Reference:MD-C-2016-0020

Decision Summary Title :

Intellectual Property (Plant Varieties) (Jersey) Law 201- MD

Date of Decision Summary:

26 February 2016

Decision Summary Author:

 

Intellectual Property Strategy Manager

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

 Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Intellectual Property (Plant Varieties) (Jersey) Law 201- Report

Date of Written Report:

26 February 2016

Written Report Author:

Intellectual Property Strategy Manager

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

 

Subject:  Approval of Intellectual Property (Plant Varieties) (Jersey) Law 201-

Decision(s): The Chief Minister:

 

  1. approved the draft Intellectual Property (Plant Varieties) (Jersey) Law 201- and accompanying Report for lodging; and
  2. signed the Human Rights Compliance Declaration.

Reason(s) for Decision: The legislation is required to ensure that Jersey laws about intellectual property (IP) rights comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which in turn is essential before Jersey is able to seek extension of the UK’s membership of the World Trade Organisation to the Island.  The draft Law establishes a system of secondary registration for new plant varieties that should already have been examined elsewhere for compliance with the high standard for valid rights established by an international convention, the UPOV Convention, relevant to IP rights in plant varieties.  The UK is one of the 74 contracting parties to the UPOV Convention.  The draft Law sets out the nature of rights and exceptions to rights in registered plant varieties in line with the UPOV Convention and UK law, and also makes provision about possible challenges to the validity of rights in Jersey.

 

The policy in the draft Law has been developed by those leading on IP policy given the importance of ensuring the IP framework for rights in new plant varieties is TRIPS compliant.   The registry functions under the draft Law do, though, lie in the Department of the Environment, which has been closely involved in development of the draft Law.  The Minister for the Environment has agreed that the Minister responsible for IP policy should make this Decision.

Resource Implications: The Department of the Environment will take on the registry functions under the draft Law without any additional resources.  There are not expected to be many applications for registration of plant varieties in Jersey and the current expectation is that an application fee of £200 will be specified to cover some of the costs of such applications.  This fee could be varied, and other fees set and charges made as provided by the draft Law, to cover any additional costs.  There are not expected to be any other financial or manpower implications.

Action required:  Forward the draft Intellectual Property (Plant Varieties) (Jersey) Law 201- and Report to the Greffe and request the Greffier of the States to arrange for the projet to be lodged au Greffe.

Signature:

 

Position: 

Senator Ian Gorst, Chief Minister

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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