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EU Legislation (United Kingdom Exit - Intellectual Property Amendments) (Jersey) Order 2019

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 24 October 2019

MINISTERIAL DECISION REFERENCE:    MD-ER-2019-0058

DECISION SUMMARY TITLE:

 EU Legislation (United Kingdom Exit – Intellectual Property Amendments) (Jersey) Order 2019

DECISION SUMMARY AUTHOR:

Director Strategic Development

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:   EU Legislation (United Kingdom Exit – Intellectual Property Amendments Jersey Order 2019

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Director Strategic Development

IS THE REPORT PUBLIC OR EXEMPT

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations made the EU Legislation (United Kingdom Exit – Intellectual Property Amendments) (Jersey) Order 2019.

This Order Amends certain enactments relating to customs enforcement of intellectual property rights (IPRs). The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which is one of the core Agreements applying to World Trade Organisation (WTO) members, requires action to be possible by customs for goods infringing IPRs. Extension of the UK’s WTO membership to Jersey will occur when the UK leaves the EU and takes up its independent representation of that organisation and therefore it is necessary to maintain minimum TRIPS standards.

The Order ensures that legislation on customs enforcement of IPRs continues to function when EU Law ceases to have effect in Jersey. The Order reduces the risk of gaps in compliance with TRIPS provisions on border measures after BREXIT.

RESOURCE IMPLICATIONS: The change of trading relationship with the EU means, in theory, that a broader scope of goods infringing intellectual property rights (from within the EEA) are notifiable to customs under the amended regime.

It is believed that there are no additional resource implications for the States arising from this decision.

ACTION REQUIRED:

The Ministry of External Relations to notify the Greffier of the States and the Legislative Drafting Office that the Order has been made so that it may be notified to the States, and forward the signed and sealed Order immediately to the States Greffe for publication and archiving.

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED 

EFFECTIVE DATE OF THE DECISION (if different)

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