Howard Walker
, Staff Reporter
JAMAICA IS losing big business as a result of products being fraudulently labelled 'Made in Jamaica' on the overseas market.
The extent to which this is being done has not yet been ascertained, but a significant amount of commodities is being sold abroad as Jamaican or consisting of Jamaican products. They range from coffee to spices, cosmetics and clothing.
So powerful is the name 'Jamaica' that the Government has moved to protect the country's name from persons seeking to fraudulently
use it in marketing their products.
To this end, Minister of Commerce, Science and Technology, Phillip Paulwell, noted that a Geographical Indication Act was passed by the Upper House on February 20, 2004. Mr. Paulwell said non-Jamaicans and countries using the name "Jamaica" to promote goods for an unfair advantage in the marketplace, are now liable for prosecution under the Geographical Indication (GI) Law of 2004. The Jamaica Intellectual Property Office (JIPO), an agency under the Ministry of Commerce, will seek to prosecute persons passing off fakes as Jamaican-made goods.
But according to attorney-at-law Dianne Daley, the GI legislation is only applicable in Jamaica. "You can only get protection abroad if the foreign country has an equivalent legislation," she stated.
SALE
The Act allows any interested party to apply to the court to prevent the misuse of geographical indications in relation to the sale of goods.
"The deliberate misleading use of a geographical indication constitutes a criminal offence punishable by a fine of up to $1 million and/or imprisonment for up to 12 months in the Resident Magistrate Court," said Ms. Daley.
According to her, in the higher court the Circuit Court, the fine would be higher and the term of imprisonment could be up to five years.
