Intellectual Property Rights

From semiconductor topography to performing rights, the Isle of Man has fully-developed laws protecting intellectual property. It is a party to the World Trade Organisation's TRIPS Agreement on intellectual property. This provides an ideal platform for your e business to flourish.

Copyright

literary, dramatic, musical and artistic works,
sound recordings,
films,
broadcasts,
cable programmes
typographical arrangements of printed editions

is protected under the Copyright Act 1991 (an Act of Tynwald), generally for 50 years after the death of the author (not 70 years as in Member States of the EU). Civil remedies by way of damages, injunctions and orders for forfeiture are available against infringements of copyright, and certain infringements in the way of business are also criminal offences.

Although the Isle of Man is not part of the European Union for this purpose, the Act makes provision for the protection of computer programs similar to that required in EU Member States by Directive 91/250/EEC.

Moral rights (eg. the right of an author to be identified) are also protected by the Act.

The Isle of Man is a party to the Berne Convention (Paris revisions of 1971 and 1979), the Universal Copyright Convention and the TRIPS Agreement.

Designs

Original designs of articles are protected for 15 years (or 10 years from the first sale or hire) under the Design Right Act 1991 (an Act of Tynwald).

The registration system for industrial designs operated by the United Kingdom Patent Office under the Registered Designs Act 1949 (an Act of Parliament) extends to the Isle of Man, and registered designs are thus protected under Manx law.

The topography of semiconductor products is given special legal protection, which is recognised by an EU Council Decision under Directive 87/54/EEC.

Community designs registered under Regulation (EC) 6/2002 are not yet recognised or protected by Manx law.

Trade marks

The Isle of Man does not have its own register of trade marks, but the registration system for trade marks operated by the United Kingdom Patent Office under the Trade Marks Act 1994 (an Act of Parliament) extends to the Isle of Man. UK-registered trade marks are thus protected under Manx law by civil remedies and, in certain cases, criminal sanctions.

Although the Isle of Man is not part of the European Union for this purpose, Community trade marks registered under Regulation (EC) 40/94 are recognised and protected in the Isle of Man.

Patents

The Isle of Man does not have its own register of patents for inventions, but the Patents Acts 1949 and 1977 (Acts of Parliament) extend to the Isle of Man. Accordingly patents registered in the United Kingdom Patent Office or in the European Patent Office are thus protected under Manx law for 20 years from application for registration.

"Supplementary protection certificates" giving an extended period of protection for medicinal products and plant protection products under Regulation (EEC) 1768/92 and Regulation (EC) 1610/96 are given legal effect in the Isle of Man.

Performers' rights

The rights of performers to control the recording and exploitation of their dramatic, musical etc. performances in accordance with the Rome Convention of 1961 are protected in the Isle of Man by the Performers' Protection Act 1996 (an Act of Tynwald).

Database right

The right of the maker of a database to control for 15 years the extraction and use of information in the database, similar to that required in EU Member States by Directive 96/9/EC, is protected in the Isle of Man by Part 2 of the Copyright (Amendment) Act 1999 (an Act of Tynwald). An Agreement with the EU for the reciprocal enforcement of database rights by the Isle of Man and EU Member States is in force (Council Decision of 18 Feb 2003).

Plant breeders' rights

The Isle of Man does not have its own register of plant breeders' rights, but the Plant Varieties and Seeds Act 1964 (an Act of Parliament) extends to the Isle of Man. Accordingly plant breeders' rights registered in the United Kingdom Plant Variety Rights Office are thus protected under Manx law for 25 or 30 years from grant.