Industrial Designs Law in Sint Eustatius (Netherlands)
Sint Eustatius is a special municipality of the Netherlands located in the Caribbean. Because it is part of the Kingdom of the Netherlands, intellectual property law, including industrial designs, follows Dutch law and applicable European Union rules.
πΈπ½ Industrial Designs Law in Sint Eustatius (Netherlands)
π Legal Framework
Intellectual property in Sint Eustatius is governed by the Dutch Industrial Designs Law (which implements the EU Directive on the legal protection of designs).
The Benelux Office for Intellectual Property (BOIP) administers industrial design registrations for the Caribbean Netherlands, including Sint Eustatius.
The European Unionβs Registered Community Design (RCD) system does not extend to Sint Eustatius because it is outside the EU customs territory.
The Netherlands is a member of key international treaties:
Paris Convention
Hague Agreement for the International Registration of Industrial Designs
WIPO
π¨ Definition of Industrial Design
An industrial design protects the appearance of a product or part of a product resulting from features such as lines, contours, colors, shape, texture, or materials.
The design must be new and have an individual character.
π Registration Process
Authority: Benelux Office for Intellectual Property (BOIP) for Sint Eustatius and the other Caribbean special municipalities (Bonaire, Saba).
Application:
Application form submitted to BOIP
Clear representation of the design (photos, drawings)
Payment of fees
Examination: BOIP conducts a formal examination only.
Publication: Registered designs are published in the BOIP database.
β³ Duration of Protection
Initial term: 5 years from the filing date.
Renewable in increments of 5 years up to a maximum of 25 years.
π« Infringement and Enforcement
Infringement occurs when a third party uses, manufactures, or sells the design without authorization.
Enforcement follows Dutch civil law procedures.
Remedies include injunctions, damages, and destruction of infringing goods.
π International Protection
Designs registered via the Hague System can be protected in Sint Eustatius.
Priority claims can be made under the Paris Convention.
Since Sint Eustatius is outside the EU customs territory, EU-wide design rights (Registered Community Design) do not cover it.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Dutch Industrial Designs Law |
| Registration Authority | Benelux Office for Intellectual Property (BOIP) |
| Protection Term | 5 years, renewable up to 25 years |
| Examination | Formal only |
| International Treaties | Paris Convention, Hague Agreement, WIPO |
| EU Design Protection | Not applicable in Sint Eustatius |
RELATED Blog
0 comments