Tuesday, July 18 2023   \  Published by Mondaq.

Bermuda: Intellectual Property And Trade Mark Protection In Bermuda

Bermuda: Intellectual Property And Trade Mark Protection In Bermuda

1 INTELLECTUAL PROPERTY PROTECTION IN BERMUDA

Bermuda has comprehensive legislation protecting all aspects of intellectual property ("IP"). Bermudian IP laws largely derive from their UK equivalents. The legal system is common law, and continues to evolve to meet the needs of technological developments and trends. Bermuda is not a signatory to the Paris Convention or the Patent Cooperation Treaty, nor is it party to the GATT Trips agreement.

Relief available for IP infringement includes emergency and permanent injunctions, Anton Piller orders, delivery up and/or destruction of infringing articles, discovery upon oath, damages, an enquiry as to damages or an account of profits. Costs will usually be awarded to the winning party. 1.1

Copyright Protection in Bermuda

Copyright is protected in Bermuda under the Copyright and Designs Act 2004 (the "2004 Act"). Under the 2004 Act, copyrights subsist in original qualifying literary, dramatic, musical and artistic works, sound recordings, films, broadcasts, cable programmes, typographical arrangements and databases.

The author of the work is usually the first owner of copyright. Protection takes effect from the time the work was created without the need for further formality. Registration of copyright is neither required nor even possible in Bermuda. Read more

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