Industrial Designs Law in Sint Maarten (Netherlands)
Here’s an overview of the Industrial Designs Law in Sint Maarten (Netherlands):
🇸🇽 Industrial Designs Law in Sint Maarten (Kingdom of the Netherlands)
📜 Legal Framework
Sint Maarten is a constituent country within the Kingdom of the Netherlands.
Intellectual property rights, including industrial designs, are governed by laws specific to Sint Maarten as well as by Kingdom-wide agreements.
The Industrial Designs Act applicable in Sint Maarten is aligned with Dutch and international IP law principles.
The Benelux Office for Intellectual Property (BOIP) does not cover Sint Maarten. Instead, IP registrations are handled locally.
Sint Maarten is a member or participant in key international IP treaties through the Kingdom, such as:
Paris Convention
Hague Agreement for the International Registration of Industrial Designs
Membership in WIPO
🎨 Definition of Industrial Design
An industrial design protects the ornamental or aesthetic aspects of a product or part of a product, including:
Lines
Contours
Colors
Shape
Texture
Materials
The design must be new and possess individual character.
📝 Registration Process
Authority: The Office of Intellectual Property of Sint Maarten (or relevant local authority).
Application Requirements:
Completed application form
Clear visual representation of the design (photos, drawings)
Payment of applicable fees
Examination: Usually a formal examination to verify completeness and compliance.
Publication: Registered designs are published in the official IP bulletin or register.
⏳ Duration of Protection
The initial protection period is typically 5 years.
Renewable up to a maximum term of 25 years (generally in 5-year increments).
🚫 Infringement and Enforcement
Unauthorized use or reproduction of a registered industrial design is considered infringement.
Enforcement is through civil procedures, including:
Injunctions
Damages claims
Seizure and destruction of infringing goods
🌍 International Protection
Sint Maarten benefits from international IP treaties under the Kingdom of the Netherlands.
Applicants can seek protection via the Hague System for international industrial design registration.
Priority claims under the Paris Convention are recognized.
EU-wide design rights do not cover Sint Maarten because it is outside the EU customs territory.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Sint Maarten Industrial Designs Act (aligned with Dutch law) |
| Registration Authority | Local IP Office of Sint Maarten |
| Protection Term | 5 years, renewable up to 25 years |
| Examination | Formal examination |
| International Treaties | Paris Convention, Hague Agreement, WIPO |
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