Industrial Designs Law in Aruba (Netherlands)
Certainly! Here’s an overview of industrial design law in Aruba (Kingdom of the Netherlands):
Industrial Designs Law in Aruba (Netherlands)
1. Legal Framework
Aruba, as a constituent country of the Kingdom of the Netherlands, has its own Industrial Designs legislation.
The main law governing industrial designs in Aruba is the Industrial Design Ordinance (Octrooi- en Modellenverordening).
Aruba’s industrial design law is aligned with Dutch and European standards, but it is a separate national system.
The Aruban Intellectual Property Office is responsible for administering registrations.
Aruba is a member of international treaties:
The Paris Convention
The Locarno Agreement (Classification of Designs)
Not a member of the Hague System for international design registration, but registration can be done nationally.
2. Definition of Industrial Design
An industrial design protects the appearance of a product or part of it.
This includes lines, contours, colors, shape, texture, or materials applied to the product.
Designs must be new and have individual character.
3. Registration Process
Applications are submitted to the Aruban Intellectual Property Office.
The procedure includes:
Formal examination for compliance.
Substantive examination to ensure novelty and individual character.
Registration and publication.
There is no opposition procedure, but third parties can challenge registrations through cancellation actions after registration.
4. Duration and Renewal
Registered industrial designs in Aruba are protected for an initial term of 5 years from the filing date.
Protection can be renewed up to 3 times (total of 15 years).
Renewals require payment of fees.
5. Rights Conferred
Exclusive right to use and exploit the design commercially.
Right to prevent unauthorized copying or imitation.
Rights to license or assign the design.
6. Infringement and Enforcement
Infringement occurs if unauthorized parties use or imitate a protected design.
Enforcement is through civil courts.
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
7. International Registration
Aruba is not a contracting party to the Hague Agreement for international design registration.
Protection must be obtained through national filing in Aruba or via related jurisdictions within the Kingdom of the Netherlands (e.g., the Netherlands proper).
Alternatively, design protection in Aruba can be sought through regional arrangements or bilateral agreements.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Industrial Design Ordinance (Aruba) |
| Registration Authority | Aruban Intellectual Property Office |
| Duration | 5 years, renewable up to 15 years total |
| Examination | Formal and substantive (novelty, individual character) |
| Opposition | No formal opposition; cancellation possible post-registration |
| International Registration | Not a member of Hague System |
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