Industrial Designs Law in Antigua and Barbuda
Here’s an overview of industrial design law in Antigua and Barbuda:
🇦🇬 Industrial Designs Law in Antigua and Barbuda
🔹 Governing Law
Industrial designs are protected under the Industrial Designs Act, 1995 of Antigua and Barbuda.
The law provides exclusive rights for designs that are new and original.
Administered by the Antigua and Barbuda Intellectual Property Office (ABIPO), which operates under the Ministry of Legal Affairs or Ministry responsible for IP.
🔹 What is Protectable?
Protection covers the appearance of a product or part of a product, including:
Lines
Contours
Colors
Shape
Texture
Materials used
Both two-dimensional and three-dimensional designs may be protected.
The design must be new and have individual character (distinctiveness).
🔹 Registration Process
Application: File with the Intellectual Property Office including:
Representation of the design (drawings/photos)
Statement of novelty and originality
Examination: The office checks for compliance with formal requirements.
Publication: Applications are published for opposition.
Registration: If no opposition or if opposition is resolved, the design is registered.
A certificate of registration is issued to the applicant.
🔹 Duration and Renewal
Initial registration lasts for 5 years from the filing date.
Can be renewed for two consecutive periods of 5 years, for a maximum total protection of 15 years.
🔹 Rights Granted
The registered owner has exclusive rights to prevent third parties from making, selling, or importing products bearing or embodying the design without consent.
Rights include the ability to license or assign the design.
🔹 Enforcement
Enforcement of rights is through the Antigua and Barbuda courts.
Remedies include injunctions, damages, and seizure of infringing goods.
🔹 International Treaties
Antigua and Barbuda is a member of the Paris Convention for the Protection of Industrial Property.
It is not a member of the Hague Agreement on International Registration of Industrial Designs.
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Industrial Designs Act, 1995 |
| Authority | Antigua and Barbuda Intellectual Property Office (ABIPO) |
| Duration | 5 years, renewable twice (total 15 years) |
| Registration | Required |
| Rights granted | Exclusive use, licensing, assignment |
| Enforcement | Courts of Antigua and Barbuda |
| International treaties | Paris Convention |
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