Jersey's New IP Landscape: International Treaty Extensions and a Modernised Framework
Jersey’s intellectual property (IP) framework is undergoing its most significant transformation in decades. With the extension of key international treaties and the introduction of a modernised domestic IP regime, the island is moving decisively from a historically dependent system to one that operates independently within the global IP landscape.
These changes are not merely technical. They fundamentally alter how trade marks, patents and designs are registered, administered and enforced in Jersey, with direct implications for rights holders, advisers and regulators alike. For businesses operating internationally, and for those using Jersey as a base for holding or managing IP, understanding this shift is essential.
On 03 February 2026, the States Assembly agreed that extension should be requested for the UK’s membership of four major treaties - the Patent Cooperation Treaty (PCT), the Hague Agreement, the Madrid Protocol, and the Nice Agreement. These treaty extensions will complement earlier reforms, including new patent regulations in September 2024, amendments to registered design rules, and the introduction of Jersey’s first-ever primary trade mark registration system, which will replace the old “secondary” UK‑dependent model and forms the foundation for Jersey’s participation in the Madrid Protocol.
Patents: Automatic Extension of UK‑Designated PCT Applications to Jersey
Historically, Jersey has required reregistration of all UK or EP(UK) within three years of the grant date, for the patent to take effect in Jersey, and the resultant Jersey right has expired concurrently with the UK/EP patent.
In preparation for Jersey’s accession to the PCT, the island updated the procedural rules in late 2024 to ensure that Jersey could implement PCT‑based protection once the UK’s membership of the PCT is extended to the island. When this extension has occurred, Jersey will treat any patent granted in the UK which stems from a PCT application as being automatically registered, so eliminating the need for the local reregistration previously required under the 1957 law. However, this will apply solely to PCT(GB) designations. PCT(EP) designations, as well as patents deriving from national UK applications and EP regional patent filings, will still require reregistration in Jersey.
Designs: Hague Agreement Extension
The extension of the Hague Agreement will give applicants access to an international route for securing industrial design protection in Jersey through a single global filing mechanism. This dovetails with earlier updates to the registered designs regime enacted under P.48/2024, which sought to modernise Jersey’s 1957-based system.
Once the UK’s membership of the Hague Convention is extended to the island, Jersey will treat any design designating the UK via this route as automatically registered. Again, this does not affect the coverage of designs filed directly with the UKIPO.
By integrating Jersey into the Hague system, designers will be able to more easily protect their designs globally by obtaining coverage in Jersey as part of a single international portfolio.
Trade Marks: Nice Agreement and Adoption of International Classification Standards
The extension of the Nice Agreement will ensure that Jersey uses the internationally-standardised classification of goods and services for trade mark registration. This harmonisation will support the newly created primary trade mark registration system, making Jersey’s trade mark register compatible with major global registries and facilitating more efficient examination and administration.
The Madrid Protocol: International Trade Marks and Jersey’s New System
- Replacement of the “secondary registration” system
Under the current regime, a UK trade mark has to be registered first before it can be reregistered in Jersey, but International Registrations designating the UK (IR(UK)) automatically extend to Jersey without the need for reregistration.
This system lacks local examination and is increasingly incompatible with modern trade mark law.
- The new primary registration system
Consultations confirmed strong public and industry support for replacing the secondary system with a modern, standalone primary trade mark register. The Government framed this reform as essential to comply with the requirements of the Madrid Protocol, enabling Jersey to be designated directly in international applications and to act as an office of origin.
Transitional provisions will ensure a smooth phase‑out of automatic UK‑designation protection, matching the shift to a fully independent Jersey register.
- Effects of the Madrid Protocol extension
Once the Protocol has been extended to Jersey and the new trade marks law comes into force:
Foreign brand owners will be able to designate Jersey directly when filing Madrid international applications.
Jersey‑based applicants will be able to file international applications via the Madrid system for the first time, significantly expanding their ability to protect brands abroad.
Combined, the primary registration system and Madrid Protocol extension will place Jersey on the same functional footing as advanced IP offices worldwide.
For more information on the new trade mark law expected to come into force later in 2026, please read our separate article here.
These reforms collectively modernise Jersey’s IP landscape, strengthen its global connectivity, and provide businesses, creators, and innovators with streamlined, internationally compatible protection options.
What action do you need to take?
- Trade mark owners should review their portfolios and, where Jersey protection is required, consider the best option for obtaining coverage.
- Patentees and designers should be aware of the extended coverage of their rights that will be obtained automatically due to these changes.
We would be delighted to discuss any queries you may have, or to talk about this article in more detail and the relevance to your IP portfolio. Please reach out to your usual contact or email admin@lysaght.co.uk.
