Industrial Designs Law in British Virgin Islands (BOT)
Certainly! Here's an overview of Industrial Designs Law in the British Virgin Islands (BVI), a British Overseas Territory:
🇻🇬 Industrial Designs Law in the British Virgin Islands (BVI)
1. Legal Framework
The BVI does not have a standalone local industrial designs law.
However, UK-registered designs can be extended to the BVI under the Patents and Designs Act (Cap. 155).
The relevant authority in the BVI for IP matters is the BVI Financial Services Commission (FSC), which maintains the register of designs extended from the UK.
2. How Protection Works in BVI
Protection is not granted through local filing of original industrial design applications.
Instead, protection is obtained by recording a UK-registered design in the BVI.
The design must first be registered with the UK Intellectual Property Office (UKIPO) or under the Hague System designating the UK.
3. Registration Process in BVI
To extend protection to the BVI:
Obtain a UK design registration.
Apply to the BVI FSC to register the UK design in the territory.
Provide a certified copy of the UK certificate and relevant details (owner, filing date, etc.).
Once registered:
The design enjoys the same duration of protection in the BVI as in the UK.
4. Duration and Renewal
Follows the UK system:
Initial protection is 5 years, renewable up to a maximum of 25 years in 5-year increments.
The renewal in the BVI depends on the status of the UK registration.
5. Rights Conferred
Exclusive rights to use the design in the BVI.
Right to prevent unauthorized manufacture, importation, or sale of articles using the design.
Rights can be assigned or licensed.
6. Enforcement
Enforcement is through the BVI courts, based on infringement of a registered design extended from the UK.
Remedies include injunctions, damages, and seizure of infringing goods.
7. International Registration
Since the BVI does not directly participate in the Hague System, international applicants must:
Register a design via the UK, and
Extend that protection to the BVI via the FSC.
Summary Table
| Feature | Details |
|---|---|
| Local Law | Patents and Designs Act (Cap. 155) |
| Filing Route | UK design registration must be extended to BVI |
| Responsible Authority | BVI Financial Services Commission |
| Duration | Matches UK registration (max 25 years) |
| Local Filing | Not available (UK extension only) |
| International Filing | Indirect via Hague System (by designating the UK) |
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