Intellectual Property Laws at Saint Barthélemy (France)
Saint Barthélemy, a French overseas collectively in the Caribbean, adheres to French intellectual property (IP) laws, as it is part of France. The primary legislation governing IP in France is the Intellectual Property Code, which encompasses various forms of IP protection.
🏛️ Legal Framework
The Intellectual Property Code of France consolidates laws related to
Patents: Protection for inventions that are new, involve an inventive step, and are industrially applicable
Trademarks: Signs capable of distinguishing goods or services
Industrial Designs: Aesthetic aspects of a product that are new and original
Copyright and Related Rights: Protection for literary, artistic, and scientific works
Geographical Indications: Names identifying goods originating from a specific geographical area
Trade Secrets: Confidential business information providing a competitive edge These laws are administered by the Institute National de la Propriété Industrielle (INPI), which handles registrations and enforcements
📄 Types of IP Protection
1. Trademarks
Eligibility Distinctive signs capable of distinguishing goods or service.
Duration 10 years from the registration date, renewable indefinitely.
Registration Conducted through the INP.
2. Patents
Eligibility Inventions that are new, involve an inventive step, and are industrially applicable.
Duration 20 years from the filing dat.
Registration Filed with the INP.
3. Industrial Designs
Eligibility The aesthetic aspects of a product that are new and original.
Duration 5 years from the registration date, renewable up to 25 year.
Registration Managed by the INP.
4. Copyright
Eligibility Original works in the fields of literature, science, and ar.
Duration Life of the author plus 70 years.
Registration While protection is automatic upon creation, registration with the INPI can serve as evidence of authorship.
⚖️ Enforcement and Legal Actions
IP enforcement in Saint Barthélemy follows French procedure:
Civil Proceedings Involve actions such as cease-and-desist orders, injunctions, and claims for damage.
Criminal Proceedings Can lead to penalties including fines and imprisonment for severe infringement.
Customs Actions Customs authorities may seize counterfeit goods at border. The Tribunal Judiciaries handles IP disputes, and the Douanes (Customs) enforce border measure.
🌐 International Treatie
As part of France, Saint Barthélemy is a signatory to several key international IP treaties:
*Paris Convention for the Protection of Industrial Property: Provides a right of priority for patent and trademark applications.
*Berne Convention for the Protection of Literary and Artistic Works: Ensures copyright protection for authors.
**Patent Cooperation Treaty (PCT)*: Facilitates international patent applications.
*Madrid Protocol: Allows for the international registration of trademark.
*Hague Agreement: Provides for the international registration of industrial designs.
These treaties enable IP holders in Saint Barthélemy to seek protection in multiple jurisdictions through streamlined process.
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