Industrial Designs Law in Guernsey (Crown Dependency)
In Guernsey, industrial design protection is governed by the Designs (Bailiwick of Guernsey) Ordinance, 2006, which aligns with the United Kingdom's design laws. This Ordinance allows for the registration of designs that are new and have individual character, providing exclusive rights to the proprietor.
📝 Registration Process
Eligibility Criteria:
Novelty: The design must not have been disclosed to the public before the filing date.
Individual Character: The design must produce a different overall impression on the informed user compared to existing designs.
Application Procedure:
First Registration: Designs must first be registered in an approved jurisdiction, such as the UK.
Re-registration in Guernsey: Once registered in the primary jurisdiction, the design can be re-registered in Guernsey.
Required Documents:
A representation of the design.
Details of the design's owner.
Proof of registration in the primary jurisdiction.
Submission: Applications are submitted to the Guernsey Intellectual Property Office.
Fees: The registration fee is £100.
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: The design can be renewed for up to four additional periods of 5 years, totaling a maximum of 25 years.
Extension of Protection: Applications to extend the period of protection require a fee of £100.
🌍 International Protection via the Hague System
Guernsey is a part of the Hague System for the International Registration of Industrial Designs. Designs registered through the Hague System that designate the UK will automatically extend protection to Guernsey without the need for separate registration.
⚖️ Enforcement and Legal Remedies
Registered design owners in Guernsey have the exclusive right to prevent third parties from using their design without permission. This includes the right to take legal action against infringement. The Guernsey Intellectual Property Office provides a platform for resolving disputes and maintaining the register of designs.
✅ Summary
Governing Legislation: Designs (Bailiwick of Guernsey) Ordinance, 2006
Registration Authority: Guernsey Intellectual Property Office
Application Process:
Register the design in an approved jurisdiction.
Re-register the design in Guernsey.
Submit required documents and pay the registration fee
Duration:
Initial protection: 5 years.
Renewable up to 25 years.
Extension fee: £100.
International Protection: Available through the Hague System via UK designation.
Enforcement: Legal actions available for infringement.
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