Industrial Designs Law in Dominica
Dominica's industrial design protection is governed by the Industrial Designs Act, 1998 (Act No. 2 of 1998), which was brought into effect on August 25, 2008, through the Industrial Designs (Commencement) Order, 2008 (SRO 29 of 2008) . This legislation is administered by the Companies and Intellectual Property Office (CIPO) .
📝 Key Provisions of the Industrial Designs Act, 1998
1. Eligibility and Ownership
Novelty: To qualify for protection, a design must be new at the time of filing or the claimed priority date.
Ownership: The creator of the design is considered the rightful owner, unless a different arrangement is specified .
2. Registration Process
Application: Applicants must submit a completed application form, a statement describing the design, and representations of the design to CIPO.
Examination: The Registrar examines the application to ensure it meets the necessary requirements. If satisfied, the design is registered, published, and a certificate of registration is issued .
3. Rights Conferred
Exclusive Rights: Registered owners have the exclusive right to make, sell, import, or distribute articles bearing the design in Dominica. Unauthorized use by others requires the owner's written authorization .
Exploitation: The term "exploitation" encompasses any act of making, selling, importing, or distributing the design for commercial purposes .
4. Protection Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: The design can be renewed for two consecutive periods of 5 years each, totaling a maximum protection period of 15 years, upon payment of the prescribed renewal fee .
5. Grace Period for Renewal
Late Payment: If the renewal fee is not paid on time, the Registrar may grant a 6-month grace period for payment, subject to a prescribed surcharge .
6. Surrender of Design
Voluntary Surrender: The owner may surrender the design by submitting a written declaration to the Registrar, who will record and publish the surrender
7. Inspection and Copies
Public Access: Representations, specimens, and drawings of a registered design, along with related documents, are open to public inspection upon payment of the prescribed fee. Copies can also be obtained from the Registrar
🏢 Administrative Body
The Companies and Intellectual Property Office (CIPO) is responsible for the administration of industrial design registrations in Dominica. They provide forms and guidelines for the registration and renewal processes .
🌐 International Treaties
Dominica is a member of the Paris Convention for the Protection of Industrial Property, allowing applicants to claim priority for industrial designs filed in other member countries .
📄 Filing Requirements
Documents Needed:
A completed application form.
A statement describing the design.
Representations of the design.
Payment of the prescribed fees.
Priority Claim: If claiming priority, the priority document must be filed within 3 months of the first filing date .
For detailed procedures and assistance, it's advisable to consult with a local intellectual property attorney or directly contact the Companies and Intellectual Property Office (CIPO).
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