Application to the Population Office for a limited 'J' Category licence.

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A decision made (08/05/2008) regarding: Application to the Population Office for a limited 'J' Category licence to be granted for the post of Intellectual Property Strategy Manager.

Decision Reference: MD-E-2008-0096
Decision Summary Title :	Intellectual Property Strategy Manager "J" category Licence application.		Date of Decision Summary:	07 May 2008
Decision Summary Author:	Colin Gibaut Director Strategic Development		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Intellectual Property Strategy Manager J Category Licence application		Date of Written Report:	07 May 2008
Written Report Author:	Colin Gibaut Director Strategic Development		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Application to the Population Office for a limited “J” Category licence to be granted for the post of Intellectual Property Strategy Manager.
Decision(s): The Minister for Economic Development endorses the proposal to secure the necessary approvals to enable the appointment of a suitably qualified, experienced and skilled person from outside the Island under the auspices of the Housing (General Provisions)(Jersey) Regulations 1979, Regulation 1(1((j) for the post of Intellectual Property Strategy Manager, on the basis of a two year contract.
Reason(s) for Decision: A key Objective in the Department’s 2008 business plan is to modernise Jersey’s intellectual property legislation to secure WTO membership. The budget and a post have been allocated within the business plan to enable the Department to achieve the challenging programme of work that is required. The intellectual Property Strategy Manager post was advertised in May last year. There were no applicants. The post was not pursued further at that time because there was an urgent need to press ahead with the consultation on the unregistered rights package and other matters, which took precedence over reinstating the recruitment. In view of the need to deliver key operational objectives during 2008 and the demand to increase the pace at which legislative changes can be made it is now considered necessary to fill this post without further delay. It is considered that advertising afresh in the Island is unlikely to attract new applicants because of the specialist skills required. Nevertheless, because of the period of time that has elapsed since the attempt to recruit locally it is considered more satisfactory to advertise simultaneously locally and in the U.K. The “J” category licence would only be used in the event that recruitment from within the island was unsuccessful. The role of Intellectual Property Strategy Manager is critical in achieving Economic Development’s core business of sustainable economic development and it is therefore deemed to be ‘essential’ as defined under the housing regulations.
Resource Implications: Allocation for the post and budget has been made in EDD’s 2008 business plan.
Action required: The Chief Executive Officer makes an application to the Population Office for a limited "J" category Licence to be granted for the post of Intellectual Property Strategy Manager, under the auspices of the Housing (General Provisions) (Jersey) Regulations 1970, Regulation 1(1)j; Subject to the approval of the application by the Population Office, that Economic Development advertises the post locally and outside of the Island at the same time in order that a suitably qualified, experienced and skilled person can be appointed.
Signature: Senator P.F.C.Ozouf		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Application to the Population Office for a limited 'J' Category licence.

Intellectual Property Strategy Manager Public

J Category Licence application

The issue

The Minister is asked to support an application to the Population Office for a “J” Category licence to be granted for the post of Intellectual Property Strategy Manager.

Background

In 1992, the Policy and Resources Committee agreed that Jersey should, through the UK become a party to the General Agreement on Tariffs and Trade (GATT) in respect of trade in services. The World Trade Organisation (WTO), the successor to GATT, came into being in 1995. In order to comply fully with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) requirements of the WTO, it is necessary to modernise and expand the law on intellectual property in Jersey.

In the area of Copyright, particularly, there is an urgent need for new legislation, quite apart from TRIPS considerations. Copyright Law is governed presently by two very old U.K. Acts of Parliament, the Musical Copyright Act 1906 and the Copyright Act 1911.

The absence of modern copyright laws is a discouragement to important new business opportunities for the Island in the fields of e-business and information and communications technology, because such businesses may prefer to operate from jurisdictions which offer better protection in intellectual property matters.

The Minister will be aware that there is an extensive programme involved in updating Jersey’s Laws and subordinate legislation in the areas of Copyright, Design Right, Performers’ Protection, Patents, Registered Designs and Plant Varieties. In addition, there is a need to revisit Trademarks legislation and to keep our laws up to date dealing with new issues as they arise. Recent examples include Notice and Takedown provisions, WHOIS Lookup transparency, and creating a primary system of registration for Trademarks with on line filing, search and dispute resolution capabilities. There is also a need to assess the case and if proven to prepare the ground for the ratification or extension of relevant international conventions to the Island in the field of intellectual property.

The intellectual property field is fast moving and it will be important for Jersey to keep in step with global developments in the future.

The States Strategic Plan has relevance for this area of work -

The States Strategic Plan sets a goal of maintaining and enhancing a strong, successful and environmentally sustainable economy. Achieving a modern, fit for purpose intellectual property law framework may open up new opportunities for future economic prosperity. The States Strategic Plan also refers to establishing Jersey as a world class business centre and enhancing the Islands international profile, modernising Jersey’s intellectual property framework can contribute to those aims.

A key Objective in the Department’s 2008 business plan is to modernise Jersey’s intellectual property legislation to secure WTO membership. The budget and a post have been allocated within the business plan to enable the Department to achieve the challenging programme of work that is required.

The intellectual Property Strategy Manager post was advertised in May last year. There were no applicants. The post was not pursued further at that time because there was an urgent need to press ahead with the consultation on the unregistered rights package and other matters, which took precedence over reinstating the recruitment.

In view of the need to deliver key operational objectives during 2008 and the demand to increase the pace at which legislative changes can be made it is now considered necessary to fill this post without further delay.

It is considered that advertising afresh in the Island is unlikely to attract new applicants because of the specialist skills required. Nevertheless, because of the period of time that has elapsed since the attempt to recruit locally the Department would advertise simultaneously locally and in the U.K. and if appropriate hold interviews for both locally qualified, and non locally qualified applicants at the same time. The “J” category licence would only be used in the event that recruitment from within the island was unsuccessful.

The role of Intellectual Property Strategy Manager is important in achieving Economic Development’s core business of sustainable economic development and it is therefore deemed to be ‘essential’ as defined under the housing regulations.

The Job description is attached for information

Recommendation

The Minister for Economic Development is recommended to endorse the proposal to secure the necessary approvals to enable the appointment of a suitably qualified, experienced and skilled person from outside the Island under the auspices of the Housing (General Provisions)(Jersey) Regulations 1979, Regulation 1(1((j) for the post of Intellectual Property Strategy Manager, on the basis of a two year contract.

Colin Gibaut

Director Strategic Development

07 May 2008