| Q: |
Is the Jamaican Legal System similar to that of the United States? |
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The Jamaican Legal System and its jurisprudence is mostly aligned to that of the English Legal System. That is to say most of the laws and legal principles are derived from English Statutes and from the English Common Law system.
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| Q: |
Can I initiate legal proceedings while residing abroad ? |
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| A: |
Yes. There is nothing preventing a person who resides abroad or who is not a Jamaican citizen from suing in Jamaica. However, if the matter proceeds to Trial the Plaintiff will be expected to attend Court in Jamaica to give evidence.
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| Q: |
Can I recover the costs of legal proceedings such as Attorneys fees and my travel expenses to attend Court in Jamaica? |
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| A: |
Costs are usually awarded to a successful litigant. These costs which are awarded by the Courts are very conservative and in almost every instance will not reflect the true expenses incurred by the successful Litigant. |
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| Q: |
How long do I have to decide whether or not to bring an action in the Jamaican Courts? |
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| A: |
Jamaican statute of limitation allows you 6 years to bring all actions other than actions involving land for which the period is 12 years. In both cases the period is calculated from the time of the alleged wrong act. For Fatal Accident claims the limitation period is 3 years |
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Q: |
How soon after filing suit will a matter be set for Trial? |
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| A: |
The Jamaican courts do have a backlog of cases and as such the wait between the filing of suit and Trial is , in the best cases, three years.
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| Q: |
How do I retain an Attorney? |
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| A: |
Usually retaining an Attorney involves signing a written retainer document and the payment of an advance against fees and costs. In some cases a contingency agreement is permitted. |
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Q: |
Do legal fees attract a tax? |
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| A: |
Yes, most legal fees are subject
to the General Consumption Tax, more popularly referred to
as G.C.T. At present G.C.T. is charged at 16.5% of the fees
charged.
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| Q: |
What is the most usual order made against a foreign Plaintiff before Trial ? |
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| A: |
The Law makes provisions for what is referred to as Security for Costs. This is an Order usually obtained by a Defendant in an action against a Plaintiff who is resident abroad and who has no assets within the jurisdiction. By this order the Plaintiff has to deposit a percentage of the legal costs of the action. |
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| Q: |
What if the Plaintiff refuses or cannot afford to pay the sum awarded by the Court as Security? |
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| A: |
If a Plaintiff refuses to pay or is unable to pay the amount awarded for Security then depending on the Order obtained the matter can be struck out and the Plaintiff’s suit would have come to an end. Dissatisfied litigants may appeal to the Court of Appeal |
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| Q: |
Are all matters heard by one Court? |
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| A: |
No. The Supreme Court is the country’s high court of first instance and is able to hear all matters. However there are also Resident Magistrate’s Courts in each of the fourteen parishes and these courts are able to hear matters involving claims of up to $250,000.00 Jamaican Dollars. |
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| Q: |
How long after suit has been filed does the claimant have to serve the proceedings? |
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| A: |
Within one calendar year unless an Order is obtained for renewal and/or extension thereof. |
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Land Matters |
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| Q. |
Who can own land in Jamaica? |
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| A: |
Any person or corporation may own an interest in land. There is no requirement of Jamaica residency or citizenship. Where a person is under 18 years is noted as an owner of registered land however, there are restrictions placed on transactions affecting that interest |
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| Q. |
What title system exists for owning land? |
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| A: |
Land in Jamaica is usually held under one of two types of titles, Common Law Title System and a Registered Title System. The Registered Title System is based on the Torrens System and is similar to that which is used in Australia. |
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| Q. |
Is presence in the island needed to transact the purchase or sale of land? |
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| A: |
Interests in land may be bought, sold, mortgaged or otherwise dealt without the owner or purchaser being personally in the island. "Closings" do NOT require the presence of the parties as this is usually conducted by Attorneys at Law for the parties. |
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Trademarks Matters |
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| Q: |
What are the requirements for filing a trade mark application? |
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| A: |
The information is set out hereunder:
(1) Authorization of Agent form
(2) If the mark is a simple word mark, all that is needed is information as to the products to which the mark is to be applied, and the International Classification, if known;
(3) If the mark is to be registered in a special way or with a design, we will
need eight representations thereof together with information as to the products to which the mark is to be applied and the International Classification, if known;
(4) Full name, address and trade description of the applicant. |
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| Q: |
What is the time breakup period up to registration? |
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The time breakup (activity wise, number of days/months/years)
(1) Application number is obtained approximately two to five days after the
application is filed.
(2) An examination report takes approximately one month .
(3) Approximately two months to have marks advertised, if no objection.
(4) Approximately three to four weeks to have Certificate of Registration
issued after an advertisement, if no opposition. |
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| Q: |
After trademark application is published, what is the deadline for filing an opposition? |
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One month from receipt of any advertisement in the Jamaica Gazette, by the Registrar. |
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| Q: |
May the deadline be extended? |
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Only where notice of intention to oppose is filed within the prescribed time. |
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Q: |
What are the number of extensions available?No amount is prescribed. |
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| Q: |
What are the grounds upon which an opposition may be based? |
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| A: |
If the mark being registered belongs to the opposer or If the mark
resembles marks already on register. |
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| Q: |
What evidence must be submitted by the opposer in support of the opposition? |
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| A: |
Evidence of registration of the mark that appears on register and the
claims to the mark it seeks to register. |
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| Q: |
When is the applicant notified that an opposition has been filed? |
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| A: |
On receipt of the notice (in duplicate) by the Registrar, who will send
a copy to the applicant. |
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| Q: |
Is the applicant given the opportunity to respond
to the opposition? |
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| A: |
The applicant must respond in keeping with the Trade Mark Rules. |
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| Q: |
What is the deadline for the applicant's response ? |
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Within one month from receipt of the notice. |
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| Q: |
What evidence, if any, must be provided by the applicant? |
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Any evidence of use on which he can rely to counter the opposer's claim. |
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| Q: |
May the opposer respond to the applicant's response? |
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Yes. |
