Industrial Designs Law in Gibraltar (BOT)
Certainly! Here’s an overview of Industrial Designs Law in Gibraltar (British Overseas Territory):
Industrial Designs Law in Gibraltar
Legal Framework
Gibraltar’s intellectual property laws are closely aligned with United Kingdom law due to its status as a British Overseas Territory.
Industrial designs in Gibraltar are governed primarily by the Registered Designs Act 1949 (UK), as adapted locally.
Gibraltar follows the UK Intellectual Property Office (UK IPO) practices and is influenced by UK legislation.
Gibraltar is also subject to European Union Intellectual Property regulations during the transition period and continues to follow many international IP treaties through the UK.
Gibraltar is a member of the Paris Convention, the Hague Agreement (international design registration), and the TRIPS Agreement via the UK.
Key Features
1. What Can Be Protected?
Industrial designs protect the appearance of a product, including:
Lines
Contours
Colors
Shape
Texture
Materials
Both two-dimensional and three-dimensional designs can be registered.
2. Requirements for Protection
The design must be new and have individual character.
Designs dictated solely by technical function are excluded.
Designs contrary to public policy or morality are not protected.
3. Registration Process
Applications can be made directly to the UK Intellectual Property Office (UK IPO).
The application must include:
Clear representations (drawings or photos) of the design.
A description of the design.
The UK IPO conducts formal examination and may conduct a substantive examination regarding novelty and distinctiveness.
Registered designs are published and can be opposed by third parties.
4. Duration and Renewal
Registered designs are protected for an initial period of 5 years from the filing date.
Protection can be renewed in 5-year increments, up to a maximum of 25 years.
5. Rights Conferred
Exclusive rights to use, license, or prevent unauthorized use of the design.
Protection covers manufacture, sale, and importation of products embodying the design.
6. Infringement and Enforcement
Enforcement is conducted through Gibraltar courts, applying UK law principles.
Remedies include injunctions, damages, and destruction of infringing goods.
Criminal sanctions may apply for deliberate infringement.
7. International Treaties
Gibraltar benefits from the UK’s membership in:
Paris Convention
Hague Agreement (allows international design registration designating Gibraltar via the UK IPO)
TRIPS Agreement
International registration of designs can be effected through the Hague System via the UK IPO.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Registered Designs Act 1949 (UK law, locally applied) |
| Registration Authority | UK Intellectual Property Office (UK IPO) |
| Protection Duration | 5 years, renewable up to 25 years |
| International Systems | Paris Convention, Hague Agreement, TRIPS |
| Enforcement | Gibraltar courts applying UK law |
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