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Intellectual Property (Registered Rights) (Miscellaneous Provisions) (Jersey) Law 201-: Lodging

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 29 June 2015:

Decision Reference: MD-E-2015-0057

Decision Summary Title :

IPRERL MD – June 2015

Date of Decision Summary:

29 June 2015

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:

N/A

Written Report

Title :

IPRERL report.

Date of Written Report:

June 2015

Written Report Author:

Law Draftsman, Intellectual Property Strategy Manager and Law Officers

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

 

Subject:  Intellectual Property (Registered Rights) (Miscellaneous Provisions) (Jersey) Law 201- (IPRERL)

Decision(s): The Assistant Minister for Economic Development:

  1. approved the draft Intellectual Property (Registered Rights) (Miscellaneous Provisions) (Jersey) Law 201- and accompanying Report; and
  2. decided to request the Minister’s agreement to lodge the Law and Report and sign the Human Rights Compliance Declaration.

Reason(s) for Decision: The legislation is necessary to amend three Jersey laws about registered intellectual property rights for compliance with international standards, including those required before Jersey is able to seek extension of the UK’s membership of the World Trade Organisation to the Island.  The draft Law also provides new enabling powers to facilitate more timely amendment of the three laws by Regulations in the future.

Resource Implications: There are not expected to be any financial or manpower implications.

Action required: The Greffier of the States to be requested to make the necessary arrangements for the projet to be lodged 'au Greffe' and debated at the earliest possible opportunity.

Signature: Senator P F C Ozouf

Position:  Assistant Minister for Economic Development

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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