Geographical Indications Law in Antigua and Barbuda
Antigua and Barbuda's Geographical Indications (GI) Law is governed by the Geographical Indications Act No. 21 of 2003, which provides a legal framework for the protection, registration, and enforcement of GIs within the country. This legislation is administered by the Antigua and Barbuda Intellectual Property and Commerce Office (ABIPCO), a department under the Ministry of Justice, Legal Affairs, Public Safety, and Labour.
Key Features of the Geographical Indications Act
1. Definition of Geographical Indications
A GI identifies a product as originating from a specific region where its quality, reputation, or other characteristics are essentially attributable to its geographical origin. This includes natural or agricultural products, as well as products of handicraft or industry. The Act allows for protection regardless of whether a GI is registered .
2. Protection Mechanisms
Protection is available through civil proceedings to prevent:
Misleading designations or presentations suggesting a product originates elsewhere.
Acts of unfair competition.
Use of GIs for wines or spirits not originating from the indicated place
The Act also provides for the refusal or invalidation of trademarks that contain misleading marks conflicting with a GI .
3. Registration Process
The registration process involves:
Filing an application with ABIPCO.
Publication of the application for public inspection.
Examination and, if accepted, registration of the GI.
Once registered, the GI is protected indefinitely unless canceled or rectified.
4. Exclusions from Protection
The Act excludes protection for:
Names that have become generic or customary in Antigua and Barbuda.
Names identical to grape varieties existing in the country as of January 1, 1995.
Names contrary to public order or morality.
Names of products no longer in use or protected in their country of origin
5. Enforcement and Penalties
The Act empowers the courts to issue injunctions and award damages in cases of GI infringement. Criminal penalties include fines up to EC$50,000 or imprisonment for up to three years for intentional deceptive use of GIs
6. Fees for GI Services
ABIPCO charges various fees for GI-related services, including:
Application fee: EC$250.00
Registration fee: EC$1,000.00
Publication fee: EC$200.00 plus publication costs
Opposition or counterstatement: EC$150.00
Inspection of register: EC$25.00
Certified copies: EC$5.00 per page, plus EC$50.00 certification fee .
Contact Information
For more details or to initiate a GI application, contact ABIPCO at:
Address:
Hewlett House, St. John’s Street, St. John's, Antigua
Phone:
(268) 462 3146
(268) 562 5437/5439/5440/8468
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