World
Intellectual Property - IP Laws - Europe - Anguilla
Anguilla at a Glance:
Anguilla’s IP laws were revised four years ago and protection is
available for different IP rights.
The trade mark and intellectual property laws of Anguilla were revised
in 2002 to comply with the WTO Agreement on Trade Related Aspects.
Trade marks are registered under the Trademarks Act and are protected
by the original registration of the mark in Anguilla with the Registrar
of Trademarks for 10 years period which is renewable indefinitely..
The Act provides reciprocal treatment for Community trade marks
under rule 101 of the EC Commission Regulations.
To be validly registered, a trade mark must include any sign capable
of being represented graphically and is a collective mark or a certification
mark. It should consist of words, designs, letters, numerals or
the shape of goods or their packaging.
Use of a registered trade mark requires the agreement of the registered
owner who shall have the right to institute court proceedings against
any person who infringes the trade mark. The legislation is strict
in its protection and there are civil and criminal penalties for
infringement.
The registration of patents in Anguilla is governed by the Patents
Act and is protected under the European Patent Convention. A patent
is protected for a 20 years period and is non-renewable. It is granted
for the invention in view and involves inventive steps. It is capable
of industrial application. The inventions which are not patentable
are: commercial exploitation of public order or morality, scientific
discovery or methametical method; diagnostic, therapeutic and surgical
methods for the treatment of humans or animals.
In Anguilla, Copyright is governed by the Copyright Act under the
UK Copyright Act 1956. There is no provision for registration of
copyright. However, Works are protected by the sole fact of their
creation and irrespective of their mode or form of expression, or
of their content, quality and purpose. Under this, Copyright protection
lasts for a 50- years period after the death of the author or, in
the case of joint authorship, after the death of the last surviving
author.
An Industrial design can be registered if it is new with the Registrar
of Companies and is protected for a fiver years period. A layout-design
is protected for 10 years and is non-renewable. Infringement of
design is subject to summary conviction to a fine of $10,000 or
to imprisonment for one year or both.
Under the Geographical Indications Act, Anguilla provides protection
to producers, manufacturers and traders dealing in products with
a distinctive characteristic specific to its place of origin. Geographical
Indications which are contrary to public morality, and have no protection
in their originating countries will not be afforded protection under
the Act.
No international treaties have been entered into in the area of
intellectual property. However, some treaties entered into by the
United Kingdom are extended to Anguilla.
For any
queries relating to our services and costs, please feel free to
contact us at info@iprfirm.com.
IPR
FIRM.COM - Online IPR Law Firm, India – Trade Marks, Copyright Registration,
Delhi, India
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