"I want to protect a trade mark globally" is a common request from clients where trade mark attorneys have to explain territoriality, that trade marks must be registered individually in each jurisdiction (or region). This rarely results in a global filing programme, but a focus on commercially important countries.

However, there are brands that do require a more comprehensive level of protection. Keeping tabs on practical, legislative and political developments worldwide represents a challenge for practitioners. Admittedly, it is a challenge that I personally enjoy.

Recently, the UK have announced that they will be ceding the Chagos Archipelago to Mauritius.

As an abridged history lesson, this group of islands was hived off from Mauritius prior to Mauritian independence, the local population evicted and the establishment of a UK/US military base as the islands were formally named the British Indian Ocean Territory (“BIOT”).

The handover to Mauritius should see the end of one of the world’s most esoteric pieces of IP legislation, the BIOT’s Patents, Designs and Trade Marks Ordinance 1984 and, I digress, the end of its unique flag.

While a treaty is not yet signed or ratified, upon transfer of sovereignty, we can expect Mauritian IP rights to cover the Chagos Archipelago, as they do with the autonomous island of Rodrigues.

The military base, on the island of Diego Garcia, will be leased by the UK and not under her sovereignty. This is a point worth mentioning as when Cyprus was granted independence, the UK retained sovereignty of the Sovereign Base Areas of Akrotiri and Dhekelia (“SBAs”), which are a British Overseas Territory. The SBAs are also subject to their own trade mark legislation, albeit it mirrors that of the Republic of Cyprus.

Military establishments may have little commercial activity, but they will have civilian contractors and family members with goods and services provided to them and the military personnel. Famous names, particularly in the fields of food and drink, may need protection, notwithstanding the risks of infringement being very low.

The future end of the BIOT may spell the end of the .io country code Top-Level Domain and this may have more of an impact on startup companies, browser games and other tech businesses as "io" can be used as a short form for “input/output”. We don’t expect there’s a need to worry just yet, but businesses may wish to consider their options if registering a .io domain name going forwards.

If you need support in protecting your brands in more ‘obscure’ parts of the world, we’d be delighted to help.