Industrial Designs Law in Saint Helena, Ascension and Tristan da Cunha (BOT)
Here’s an overview of Industrial Designs Law in Saint Helena, Ascension, and Tristan da Cunha (British Overseas Territory):
Industrial Designs Law in Saint Helena, Ascension, and Tristan da Cunha (SH, Ascension, Tristan)
1. Legal Framework
These three islands form a single British Overseas Territory.
Intellectual Property, including industrial designs, is governed by local ordinances modeled on UK law.
Each island has its own legislation and registry, but IP rights are often administered collectively or similarly.
The applicable laws are adaptations of UK intellectual property legislation.
2. Registration Authority
The Saint Helena Government Intellectual Property Office handles registration for industrial designs.
Alternatively, IP rights can be registered via the UK Intellectual Property Office (UKIPO) and may apply locally through specific arrangements.
3. Protection Requirements
An industrial design protects the appearance of products or parts, including shape, lines, colors, texture, or materials.
Designs must be:
New (not publicly disclosed before filing),
Have individual character.
4. Registration Procedure
Industrial designs can be registered by submitting applications to the local IP office or sometimes through the UKIPO.
Formal examination is conducted; substantive examination on novelty may be limited.
Registered designs grant exclusive rights to the owner.
5. Term of Protection
The term is usually 5 years, renewable up to a total maximum of 25 years, in line with UK standards.
6. International Treaties
As a British Overseas Territory, the islands benefit from:
Paris Convention
TRIPS Agreement
Hague Agreement (if applicable via UK)
The UK’s membership in international IP treaties extends to these territories as specified.
7. EU Community Designs
These territories are not part of the EU, so EU Registered Community Designs do not automatically apply.
8. Enforcement
Design rights infringement is enforceable in local courts.
Remedies include injunctions, damages, and seizure or destruction of infringing products.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Local IP ordinances, UK IP law adaptations |
| Registration Authority | Saint Helena Government IP Office, possibly UKIPO |
| Examination | Formal examination; limited substantive examination |
| Term of Protection | Up to 25 years (renewals every 5 years) |
| International Treaties | Paris Convention, TRIPS, possibly Hague via UK |
| EU Community Designs Valid? | No |
| Enforcement | Local courts; injunctions, damages, seizure |
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