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© 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
● www.gov.gg/ipo
© 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
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PCC – segregation of assets
Merchandising design
rights
Script copyright Trade
marks
Film Co
CellMusical ©
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PCC – segregation of risk
z
Product IP Company
Cell
R&D
Product Line A
Product Line B
Product Line C
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ICC structure
Media ICC
Licence rights
Royalty payments
Soundtrack IC
Merchandising IC Distribution
ICCopyright 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
Email: [email protected]: +44-1481-748 906
