Minister of Economy and Labour Jason Hayward introduced the Trade Marks Amendment Act 2025 in the House of Assembly today [May 30].
The Minister said, “The Government is continuing its work on updating the legislation governing intellectual property. This effort includes modernising the laws governing trade marks, patents and registered designs, and making certain updates to the copyright legislation. The modernisation effort also aims for compliance with key international treaties which the UK may then extend to Bermuda. It is anticipated that updating these laws will make Bermuda more attractive for registration of intellectual property rights.”
The Minister’s full statement follows below:
Mr. Speaker,
I am pleased to introduce in this Honourable House the Trade Marks Amendment Act 2025. This Bill relates to the Trade Marks Act 2023 and supporting legislation.
Mr. Speaker,
The Government is continuing its work on updating the legislation governing intellectual property. This effort includes modernising the laws governing trade marks, patents and registered designs, and making certain updates to the copyright legislation. The modernisation effort also aims for compliance with key international treaties which the UK may then extend to Bermuda. It is anticipated that updating these laws will make Bermuda more attractive for registration of intellectual property rights.
Mr. Speaker,
The Trade Marks Act 2023 was enacted in the fall of 2023 as part of this initiative along with the Government Fees [Trade Marks] Regulations 2023. The Trade Marks Regulations 2023 were also laid in this Honourable House in December that year.
Since then, Mr. Speaker, the Registry General’s Department has taken various steps to prepare for commencement of that legislation. This includes completing two rounds of training for the staff – the first of which was facilitated online by representatives from the United Kingdom’s Intellectual Property Office. That training was spread out over approximately six months. The second round of training was attended in person by the staff and was facilitated through intergovernmental cooperation between the Bermuda Government and the Government of Trinidad and Tobago.
Mr. Speaker,
During the debate of the Trade Marks Act 2023, it was recognized that the new legislation places more administrative requirements on the Registry General. The Government committed to supporting the Department’s efforts to update its ageing technology and that commitment is being honoured. The Registry General’s Department has been allocated the necessary funding; and the Department is in the process of updating its software to assist departmental staff in meeting the responsibilities under the new Act.
Mr. Speaker,
During the last year, the Registry General’s Department has taken several opportunities to engage further with members of the private sector about the new legislation [in addition to the consultations undertaken during the original drafting process].
The purpose was to identify any gaps or additional changes needed. Today’s Bill is a result of this further consultation and consideration by the Registry General’s Department.
Mr. Speaker,
There are only a few amendments being made to the Trade Marks Act 2023 at this time, but this Bill also includes a Schedule which contains an updated set of fee regulations. These fee regulations will replace the prior Government Fees [Trade Marks] Regulations 2023.Since the 2023 fee regulations have not yet been brought into force [i.e. published], the required amendments have been incorporated into the schedule of fees and the entire set of regulations reintroduced as a Schedule to this Bill as a matter of efficiency.
Mr. Speaker,
While the vast majority of fees have remained the same in this 2025 set of fees as compared with the 2023 fees, there are approximately 8 additional fees included in this updated set. The 2025 fee regulations also include minor corrections to a few of the prior fee descriptions to ensure correct application of the fees.
Mr. Speaker,
We know that industry representatives are looking forward to commencement of the legislation, and we can say that commencement is certainly imminent. In fact, the new framework, supported by the approval of this Bill, will commence on 1 July 2025.
Mr. Speaker,
To complete the modernisation of trade marks legislation in Bermuda, we anticipate amendments to the Trade Marks Regulations 2023 and the introduction of the Trade Marks [Customs] Regulations 2025 to be laid in this House in the coming weeks.
Mr. Speaker,
I would like to thank industry representatives for the time they have taken to review the various components of the trade marks legislative framework and the valuable input they have provided thus far. We look forward to continuing to work with industry representatives on upcoming legislation governing intellectual property rights.
Thank you, Mr. Speaker.
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