Industrial Designs

– Industrial Designs Act No. 20 of 2005, in force since August 4, 2008 (repeals and replaces the former Act (United Kingdom Designs (Protection) Act (Cap. 116) of the 1990 Revised Laws of Saint Vincent and the Grenadines).
– Industrial Designs Regulations, S.R.O. No. 13 of 2009, in force since July 8, 2009.

Membership in International Conventions

– See under “Patents of Invention“.

Filing, Examination

Applicant: the creator or joint creators. The right to register an industrial design belongs to the employer if it is created in execution of an employment contract. It may be assigned or transferred by succession.

Definition: any composition of lines or colors, any three-dimensional form or any material whether or not associated with lines or colors, where such composition, form, or material gives a special appearance to a product of industry or handicraft, can serve as a pattern for a product of industry or handicraft and appeals to or is judged by the eye.

Criteria for registrability: must be new and not contrary to public order or morality.

Novelty: international. Disclosure made before the filing of the application shall be disregarded if the disclosure occurred within the twelve months preceding the date of filing the application or the priority date and the disclosure was due to, or made in consequence of (a) acts committed by the applicant or his predecessor in title; (b) an abuse committed by a third party with regard to the applicant or his predecessor in title.

Multiple designs: two or more industrial designs may be the subject of the same application if they relate to the same class of the International Classification or to the same set or composition of articles.

Priority: Convention priority can be claimed.

Classification: according to the International Classification of Locarno.

Territory covered: Saint Vincent and the Grenadines.

Filing requirements for an application (to be sent to registered resident agent):
1. Authorization of agent, with a local address for service;
2. A request, drawings, photographs or other adequate graphic representations and an indication of the kind of product for which the industrial design is to be used;
3. If the applicant is not the creator, a statement justifying the applicant’s right to registration of the design;
4. For a two-dimensional design, a specimen of the article embodying the design may be submitted;
5. Priority documents, if any.

Examination: formal.

Deferment of publication upon registration: may be requested at the time of filing, for a period not exceeding twelve months from the date of filing or from the date of priority.

Appeals: any decision taken by the Registrar, in particular the decision to register an industrial design or to refuse an application for such a registration, may be the subject of an appeal by any interested party to the court and such appeal shall be filed within two months from the date of the Registrar’s decision.

Duration, Protection

Duration of protection: five years from the filing date.

Renewal: for one further consecutive period of five years.

Renewal grace period: six months with fine.

Assignment – licenses: must be recorded in order to be effective against third parties.

Invalidation of a registered design: any interested person may apply to the court, on the grounds that the specified substantive requirements were not met or if the owner is not the creator or successor in title.

Infringement: court proceedings provided for against any person infringing the registration of the design by performing, without the owner’s agreement, the making, selling, importing or otherwise distributing, for commercial purposes, articles bearing or embodying a design which is a copy, or substantially a copy, of the industrial design.

Penalties: fine or imprisonment.