Jersey modernises intellectual property law: key developments and next steps

If you are a Jersey-based brand owner, innovator or business expanding into international markets, you are set to benefit from landmark modernisation of the island’s intellectual property regime. 

The States of Jersey has been working to introduce changes to the legislation so it better aligns with international standards, streamlines protection routes and reduces dependency on UK registrations. 

The changes are a response to the needs of an increasingly globalised economy. They aim to ensure that Jersey is positioned to support innovation and attract business by providing robust mechanisms for the protection, registration and management of intellectual property rights. 

What is changing in Jersey's intellectual property legislation? 

Following an initial consultation in 2023, a draft version of the modernised Jersey intellectual property (IP) legislation went out for consultation between June and July 2025 and the responses to industry feedback were published on 14 August 2025. The Trade Marks (Jersey) Law 202- and the Registrar of Intellectual Property (Jersey) Law 202- (together, the Trade Marks Law) were then adopted by the States of Jersey on 25 November 2025 and approved on 3 February 2026. 

To view the legislation and background to the upcoming changes in more detail: 

• view the initial consultation
• read the draft modernised legislation
• read the responses to industry feedback
• see the Trade Marks (Jersey) Law 202- and the Registrar of Intellectual Property (Jersey) Law 202-

Jersey currently offers a secondary trade mark system – if you own a brand, you can only register rights locally after securing a trade mark registration in the UK first, which will cost you additional time and money. 

Under the new legislation, which is based on the UK's Trade Marks Act 1994 (as amended), Jersey will introduce a primary trade mark registration system for the first time. As a brand owner, you will be able to secure trade mark rights in Jersey directly, without an existing UK trade mark registration. It will also allow you to directly designate Jersey in international applications once the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the Madrid Protocol) is extended to Jersey. 

The updated Trade Marks Law should come into effect in the second half of 2026 and related international treaties (see below) are expected to be extended to Jersey by this time. 

Currently, International Registrations designating the UK are automatically extended to Jersey. This will end with the introduction of the changes, although transitional provisions will make sure all existing UK designations are automatically granted protection as Jersey designations. 

The Judicial Greffier currently acts as Registrar of Jersey trademarks. However, the new law establishes an IP Registry under the remit of the Jersey Financial Services Commission (the JFSC), recognising the need for additional resources. It will oversee your trade mark, patent and registered design rights.  

Next steps for Jersey's wider IP framework

On 22 December 2025, a proposition to extend international IP treaties to Jersey was lodged “au Greffe” by the Minister for External Relations and approved by the States Assembly. It proposes that the Madrid Protocol is extended from the UK to Jersey, along with the Patent Cooperation Treaty (PCT), the Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs (the Hague Agreement) and the Nice Agreement Concerning the International Classification of Goods and Services (the Nice Agreement).

These treaties offer significant advantages.

Madrid Protocol 

Under the treaty, you can apply for and manage the protection of your trade marks in multiple countries through one centralised application. 

Jersey will be included in international trade mark applications, so local businesses can use Jersey as an office of origin and trade mark owners in Jersey can file internationally via Madrid for the first time. The Madrid Protocol can help streamline the trade mark prosecution process. 

PCT

If you want to file a patent across multiple jurisdictions in multiple languages, the PCT is a streamlined, cost-effective solution that allows you to do so in a single application process. 

Hague Agreement

As a design holder, under the Hague Agreement you can file a single global application, record subsequent changes and renew international registration to protect your designs across member countries. 

Nice Agreement

When registering your trade mark, the Nice Agreement offers a standardised classification system for goods and services. This reduces the risk of misclassification both to trade mark owners on island and international rightsholders considering registration in Jersey. 

• Read more about the proposition to extend international IP treaties to Jersey

The extension of these treaties to the island should advance the modernisation of Jersey's IP framework and allow foreign businesses to designate Jersey more easily when seeking international trademark protection. As the new IP registry becomes operational, statistical reports will show local registration activity and performance.

This new legislation and the extension of treaties to Jersey not only increases the island's visibility and attractiveness for international trademark protection, but also provides a more cost-effective and streamlined route for the island to secure trademark protection in international markets. 

How Ogier can help  

Ogier's Intellectual Property team acts across the full spectrum of intellectual property rights, including brands and trademarks, copyright, industrial designs and patents, specialising in multi-jurisdictional intellectual property clearance, prosecution, exploitation and enforcement.  

Contact Sophie, Danielle or your usual Ogier contact to learn how the firm can support your objectives with our in-depth expertise. 

About Ogier

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice