Industrial Designs Law in Guam (US)
Here’s an overview of Industrial Designs Law in Guam (U.S. Territory):
Industrial Designs Law in Guam
Legal Framework
Guam is an unincorporated territory of the United States.
Intellectual property, including industrial designs, is governed by U.S. federal law.
The primary statute for design protection is the U.S. Patent Act, administered by the United States Patent and Trademark Office (USPTO).
There is no separate local design law for Guam; U.S. federal IP law applies fully.
Competent Authority
The United States Patent and Trademark Office (USPTO) is responsible for examining and granting design patents.
Enforcement occurs through U.S. federal courts.
Key Features:
Protection Type
Industrial designs are protected in the U.S. through Design Patents (not “design registrations”).
Design patents protect the ornamental design of a functional item.
Requirements
The design must be new, original, and ornamental.
Protection does not extend to functional features.
Application Process
Filed with the USPTO, including drawings or photographs showing the design.
Examination includes novelty and non-obviousness assessment.
If granted, a design patent issues.
Duration
Design patents in the U.S. last for 15 years from the date of grant (for applications filed after May 13, 2015).
No renewals are possible.
Rights Conferred
The patent holder has exclusive rights to make, use, sell, or import articles bearing the patented design.
Infringement can lead to civil lawsuits with remedies including injunctions and damages.
Enforcement
Enforcement is handled through U.S. federal courts, including courts that have jurisdiction over Guam.
Customs and border protection can assist in stopping infringing imports.
International Protection
International protection can be sought via treaties such as the Hague Agreement for industrial designs, but the U.S. is not a full participant in the Hague System for designs.
Foreign filings are often needed for protection outside the U.S.
Summary
Guam follows U.S. federal law for industrial design protection, primarily through design patents granted by the USPTO, with a protection term of 15 years. Enforcement is under U.S. jurisdiction, and there is no separate local design registration system.
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