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Hague Agreement and Patent Cooperation Treaty Regulations: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 December 2023:

Decision Reference:  MD-ER-2023-842

Public

Subject: Law Drafting Instructions: Hague Agreement and Patent Cooperation Treaty Regulations

 

Report Title: Law Drafting Instructions: Hague Agreement and Patent Cooperation Treaty Regulations

Exempt (Article 35)

Decision(s):

The Minister decided to request the Principal Legislative Drafter to draft the necessary legislation.

Reason for Decision(s):

The Minister for External Relations approved the Report to prepare Regulations which - subject to States Assembly approval - would enable a formal request to be made for the extension to Jersey of the United Kingdom’s ratification of the:  (a) Patent Cooperation Treaty (PCT); and (b) Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement).

Resource Implications: There are no new financial and/or manpower implications arising from this Ministerial Decision.

 

Action Required: Principal Legislative Drafter to be requested to draft legislation.

Signature:

 

 

Signed By: Minister for External Relations

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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