IP Rights Protection - Anguilla
In order to comply with the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), Anguilla's IP laws were revised in 2002 with regard to the following rights:
Trade Marks:
Under the Revised Statutes of Anguilla (RSA), trade marks are registered and protected under the Trademarks Act (Chapter T30) as well as those registered originally under UK Act. Under the UK Act, it is advantage for the applicants to forego some requirements, such as advertising under the domestic Act. The Trademark Act also provides for reciprocal treatment for Community trade marks pursuant to Rule 101 of the EC Commission Registration. Under the Regulations, goods and services are classified as set out in Nice Agreement. Previously registered applicants who meet the criteria as set out in Paris Convention may also be allowed to be recognized under the revision. A trade mark is protected for 10 years period which is renewable as long as UK registration subsists. Registrable trade marks include any sign capable of being represented graphically as well as distinguishing from those of other undertakings, a certification mark and a collective mark, and may consist of words, designs, letters, numerals or shape of goods and their packaging, etc. Use of registered trade marks by any other person than the owner requires owner's agreement, otherwise it would be considered as infringement of trade marks for which infringer will be highly penalised by law.
Patents:
Registration of patents are governed by the Patents Act under RSA. Protection is achieved either through the Anguilla's Registrar of Patents or UK's registrar under the European Patent Convention. A patent is protected for 20 years from the date of filing and is non-renewable. A patent may be granted protection only for invention if it meets with the criteria as defined in the legislation. Exploitation of a patented invention in Anguilla by a person other than the registered owner's agreement constitutes infringement and the Court may, on the appeal of the owner, grant an injunction or any other remedy to the infringer or impose penalties in case of owner's disagreement.
Copyright:
Copyright is governed by the Copyright Act under RSA and by the UK Copyright Act 1956, extended to Anguilla. No provision is made for registration of copyright. Works such as, published material, dramatic/choreographic works, musical, audiovisual, architectural works, drawing, painting, engravings, topography etc. are protected by the sole fact of their creation and irrespective of their mode or form according to proceedings in law. Criminal liability will arise in instances of infringement. In such case a person found guilty may either be find or imprisoned under the Act. Civil remedies as injunctive relief, damages, seizure and destruction are also available to wronged party under these Acts.
Industrial Designs:
An Industrial design is also protected if it is new. Protection is through registration with the Registrar of Companies under RSA. Design is protected for a period of five years and is renewable for further two consecutive periods for similar period. A layout-design is protected for 10 years and is non-renewable. Exploitation of protected design in Anguilla requires the consent of the registered owner. An Industrial design that is contrary to public order or morality is not registrable. There is no protection for unregistered designs, except for geographical indications in relation to products distinguished in character and specific to their place of origin. Under the Geographical Indications Act of Anguilla. Indications which are contrary to public order or morality have no protection even if specific to its origin.
International Treaties:
No international treaties have been entered into in the area of intellectual property, except the ones extended to Anguilla by the United Kingdom.
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