© AO|HALL 2007 Guernsey Fiduciaries Forum 25 April 2007 Guernsey’s new intellectual property regime Tania Shires, Group Partner AO HALL.

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Presentation transcript:

© AO|HALL 2007 Guernsey Fiduciaries Forum 25 April 2007 Guernsey’s new intellectual property regime Tania Shires, Group Partner AO HALL

© AO|HALL 2007 The Guernsey Regime ●2002 Policy letter to the States of Guernsey ● The Intellectual Property (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004 ● Independent intellectual property office ● First ordinances introduced on 1 January 2006 ● Reform continuing ● Membership of international treaties and conventions ●

© AO|HALL 2007 The Guernsey Regime – legislation now in force ● Intellectual Property Office ●Copyright ● Database Rights ● Performers’ Rights ● Registered Designs ● Unregistered Design Rights ● Trade Marks ● Unregistered Design Right (Semiconductor Topographies) ● Registered Plant Breeders’ Rights

© AO|HALL 2007 The Guernsey Regime – upcoming legislation ●Patents and innovation warranties ● Geographical indicators ● Image rights

© AO|HALL 2007 Guernsey’s key advantages ●International standard of IPR protection ●Legislative framework enabling proactive change ●Sophisticated financial services infrastructure ●Favourable economic and political climate ●Established choice of SPVs ● Zero capital gains tax ● 0–10% corporate tax from 2008 ●Freedom from EU restrictions ●Freedom to critically review and select the most beneficial regime

© AO|HALL 2007 Guernsey structuring options ●Increased securitisation of IPRs ● PCCs: protected cell companies ● ICCs: incorporated cell companies ● Trusts

© AO|HALL 2007 PCC – segregation of assets Merchandising design rights Script copyright Trade marks Film Co Cell Musical ©

© AO|HALL 2007 PCC – segregation of risk z Product IP Company Cell R&D Product Line A Product Line B Product Line C

© AO|HALL 2007 ICC structure Media ICC Licence rights Royalty payments Soundtrack IC Merchandising IC Distribution IC Copyright IC

© AO|HALL 2007 Possible trust structure Guernsey trustee Trust (owns shares of cell company) Special purpose vehicle or cell company

© AO|HALL 2007 Guernsey Fiduciaries Forum 25 April 2007 Guernsey’s new intellectual property regime Tania Shires, Group Partner AO HALL ddi: