Industrial Designs Law in Guyana
Industrial Designs Law in Guyana is governed by the Registered Designs Act, Cap. 96:03, which provides the legal framework for the registration, protection, and enforcement of industrial designs in the country.
Key Features of Industrial Designs Law in Guyana
1. Definition
An industrial design refers to the appearance of a product or a part of it, including features such as lines, contours, colors, shape, texture, or materials, which give a unique visual impression.
2. Eligibility
The design must be new and have originality to qualify for protection.
It should not be identical or substantially similar to any existing design.
📄 Registration Process
Application Submission
Applications are submitted to the Registrar of Deeds and Commercial Registry in Guyana.
The application should include:
A representation of the design (drawings or photographs).
Details of the applicant.
Examination
The Registrar conducts a formal examination to ensure the application meets the procedural requirements.
There is no substantive examination regarding novelty before registration.
Publication
Registered designs are published to notify the public, although the publication process may be limited.
Registration
Upon successful application, a certificate of registration is issued.
⏳ Duration of Protection
Protection is granted for an initial period of 5 years from the date of filing.
This may be renewed for further periods (usually up to a maximum of 15 years), subject to payment of renewal fees.
⚖️ Rights Conferred
The registered owner has the exclusive right to use, license, or prevent unauthorized use of the industrial design.
Infringement actions can be taken against unauthorized copying or imitation.
🌍 International Treaties
Guyana is a member of the Paris Convention for the Protection of Industrial Property.
Guyana is not a member of the Hague Agreement for international design registration but aligns with international IP standards.
🛡️ Enforcement
Industrial design rights can be enforced through Guyana’s courts.
Remedies include injunctions, damages, and other civil penalties.
✅ Summary
Guyana protects industrial designs under the Registered Designs Act administered by the Registrar of Deeds and Commercial Registry.
Protection lasts up to 15 years with renewals after the initial 5-year period.
The country is party to the Paris Convention but does not participate in the Hague system.
Enforcement is through national courts.
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