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Trade Marks - Intellectual Property: Consultation

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 November 2023:

Decision Reference:  MD-ER-2023-803

Public

Subject: Intellectual Property: Trade Marks Consultation

 

Report Title: Intellectual Property: Trade Marks Consultation

Public

Decision(s):

The Minister approved and authorised the publication of a consultation paper to gather feedback on the proposed introduction of a system of primary registration of trade marks in Jersey.

Reason for Decision(s):

This consultation paper invites stakeholder feedback on proposals to change the nature of the registration system for trade marks in Jersey. More specifically, feedback is invited on a number of questions in relation to the proposed introduction of a modern and new system of primary trade mark registration in Jersey, replacing the current system of secondary registration.

Resource Implications: There are no new financial and/or manpower implications arising from this Ministerial Decision.

 

Action Required: Department to take necessary action.

Signature:

 

 

Signed By: Minister for External Relations

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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