Industrial Designs

– Industrial Designs (Amendment) Act No. 15 of 2008, in force since December 18, 2008.
– Industrial Designs Act No. 2 of 1998, in force since August 25, 2008.
– Industrial Designs Regulations, 2008, in force since October 23, 2008.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), party since November 3, 1978.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since September 26, 1998.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since August 7, 1999.

Filing and Protection

Applicant: the creator(s) of an industrial design. An applicant who resides or has his principal place of business outside Dominica must be represented by a legal practitioner resident and practicing in Dominica.

Registrability: an industrial design is registrable if it is new, that is, if it has not been disclosed to the public anywhere in the world, by publication in tangible form or by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. Industrial designs, the commercial exploitation of which would be contrary to public order or morality shall not be registered.

Filing requirements for an application (to be sent to a licensed resident agent):
1. Power of attorney;
2. Name and address of the creator;
3. Classes of product;
4. Description of the visual features of the design, indicating what parts of it are original;
5. 10 representations of the industrial design;
6. Specimen of the article (or photographs clearly illustrating the design and suitable for reproduction);
7. Priority documents, if any;
8. Prescribed fee.

Duration – renewals: five years from the filing date of the application for registration, renewable for two further consecutive periods of five years upon payment of the prescribed renewal fee (with surcharge if not paid within six months).

Invalidation of a registered design: possible upon application to the court of any interested party.

Assignment – licenses: must be recorded in the Register to have effect against third parties.

Infringement: injunctions, damages, destruction of any infringing product, fines or imprisonment are provided for.