Draft Registrar of Intellectual Property (Jersey) Law 202- (P.98/2025): comments
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STATES OF JERSEY
DRAFT REGISTRAR OF INTELLECTUAL PROPERTY (JERSEY) LAW 202- (P.98/2025): COMMENTS
Presented to the States on 21st November 2025
by the Economic and International Affairs Scrutiny Panel
STATES GREFFE
2025 P.98 Com.
COMMENTS
Background
Draft Registrar of Intellectual Property (Jersey) Law 202- [P.98/2025] (hereafter referred "the draft Law") was lodged au Greffe on 29th October 2025 by the Minister for External Relations (hereafter the Minister) and is scheduled for debate at the States' sitting commencing 25th November 2025.
The Economic and International Affairs Scrutiny Panel (hereafter "the Panel") received briefings from Government of Jersey Officers on 10th April 2024 and 5th November 2025. The Panel has also questioned the Minister during Quarterly Hearings on 26th April 2024 and 18th September 2025. The Panel presents these comments in order to aid Members in their consideration of the draft Law.
The Draft Regulations
The draft Law seeks to establish a new intellectual property Register in Jersey (IP Register) and the Office of the Registrar of intellectual property rights (Office of the Registrar). The rationale for establishing the new IP Register and Office of the Registrar is to address a consequence of the move to a primary trade mark registration scheme, which could greatly increase the workload placed on Judicial Greffier:
Head of Competition and Intellectual Property:
"What we currently have is the Judicial Greffe that operates the intellectual property register, but particularly the introduction of a primary system of trade mark registration will require a lot more work on the part of the registrar and, therefore, it is not feasible for that to remain with the Judicial Greffe."1
The Panel understands that the Office of the Registrar of IP Rights would operate under the umbrella of the Jersey Financial Services Commission (JFSC) in place of the registry currently operated by the Judicial Greffier. The Panel was informed of this proposed new setup during the hearing on the 18th September 2025:
Head of Competition and Intellectual Property:
"The second piece of legislation, as the Minister mentioned, will set up a new office, which will function under the umbrella of the Jersey Financial Services Commission, which holds, of course, various registries in the Island. The law will set out the functions and the powers of the registrar within which they must operate. It is very much set up in accordance with international best practice, we think, in terms of the powers." And "That move to a digital sophisticated offering within the Jersey Financial Services Commission."2
The draft Law sets out the Registrar's functions and the structures within which the Office must work, and that the new Registry would also assume the Judicial Greffier's responsibilities for re-registration of patents and designs.
The Panel was advised that fees for applications and registrations would be set by the JFSC after consultation with the Minister and that it was the aim that fee income would
1 Transcript - Quarterly Hearing - Minister for External Relations -18th September 2025 2 Transcript - Quarterly Hearing - Minister for External Relations -18th September 2025
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P.98/2025 Com.
hopefully offset the operational costs though in the draft Law it mentions any funds will only be provided on an as-needed basis. During the hearing on 26th April 2024 with the Minister for External Relations the Panel was told:
Head of Competition and Intellectual Property:
"Currently, revenue generated through the registry is very low. However, if we look at comparable jurisdictions across the world that have made these changes, including Guernsey, their registry has now been able to generate a significant level of revenue. We are not saying that that will be available in Jersey from day one, but there is certainly potential to generate revenue that would offset part of the running costs. But that is more of a medium to long- term ambition." [3]
The Panel was advised that if there was any surplus income that this would be paid to the Treasurer of the States. With regards to resource implications, it understands that should the draft Law be adopted there will be no additional resource implications beyond the funding already agreed in the Government Plan 2024–2027:
Head of Competition and Intellectual Property:
"The Government Plan that was approved by the States Assembly had an amount of £300,000 in going forward, but we are looking to spend in the region of £240,000. But ultimately, we do hope that this registry would allow the registry to start generating revenue." [4]
Conclusion
The Panel is of the opinion that establishing a new IP Register in Jersey, along with establishing the Office of the Registrar of IP Rights within the JFSC, represents a practical approach to implementing the proposed changes under the P.86/2025 draft Trade Marks (Jersey) Law 202- to maintain an effective Register. The Panel is therefore supportive of the draft Law as proposed.
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