STATUTORY INSTRUMENT, 2003, No. 50
[ 10th June, 2003 ]
In the exercise of the powers conferred by Section 24 of theIndustrial Designs Act No. 2 of 2001 the Minister responsible forIntellectual Property, makes the following Regulations:
Citation
1. These Regulations may be cited as the Industrial DesignsRegulations, 2003.
Interpretation
In these Regulations —
Fees
3. The fees to be paid in respect of matters arising under the Act andthese Regulations shall be those set out in Schedule I.
Forms
4.— (1) The forms referred to in these Regulations are those inSchedule II.
submission, the Registrar may require that the document be replaced,within a time fixed by the Registrar, by one that conforms with thedocument required by Schedule II to be used for the purpose.
Applications – language of
5.— (1) Applications shall be in English.
(2) Any document forming part of an application submitted to the Registrar pursuant to the Act or these Regulations which is in a language other than English shall be accompanied by an English translation verified by the translator that the translation is to the best of his knowledge complete and faithful.
Applications - paper requirements
6.— (1) All applications, notices, statements, paper having representations affixed, or other documents authorised or required by the Act or these Regulations to be made must be on strong, durable white paper and except in the case of declarations and affidavits, must be written on one side of the paper only.
Page margins
7.— (1) The pages of documents other than graphic representations must be numbered consecutively, preferably at the top of the page.
(2) Page margins must not be less than 2 cm or 1 inch.
(3) Except for graphic representations, pages must be typed or printed, preferably with 1½ spacing or double spacing.
Indication of name, address, nationality
8.— (1) Names of natural persons shall be indicated by given name or names, followed by the person’s family name and the names of the legal entities shall be indicated by their full, official designation.
Signature by Partnerships, Companies and Associations
9.— (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by all the partners or by any partner qualified to sign, stating that he signs on behalf of the partnership, or by any other person who satisfies the Registrar that he is authorised to sign.
Authorisation of agent
10.— (1) The appointment of an attorney-at-law shall be by an authorisation of agent as set out in Form I, and shall be signed by the applicant or, if there are more than one, each applicant.
(2) The authorisation of agent may be filed together with theapplication or within two months from its filing date and if the appointment is not made in accordance with sub-regulation (1), any proceduralsteps taken by the agent, other than the filing of the application, shall bedeemed not to have been taken.
Application for registration of industrial design
11.— (1) The application for the registration of an industrial design shall be made in Form 2 and shall be signed by each applicant or authorised agent.
(2) The application shall indicate each applicant’s name, address, nationality and residence.
Number and size of representations and specimen
12.— (1) The application shall be accompanied by the following —
(2) No graphic representation, drawing or tracing of the industrial design shall exceed 10 centimetres by 20 centimetres (4 inches by 8 inches) and such representations, drawings or tracings shall be affixed on four sheets of durable white paper or cardboard of A4 or 8½ x 11 size.
Declaration of priority
13.— (1) The declaration referred to in section 6 (4) shall be made at the time of filing of the application for the industrial design and shall indicate –
been allocated at the time of filing the declaration referred to in sub-regulation (1) the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.
Withdrawal of application
14.— (1) The application may be withdrawn, pursuant to section 6 (9), by written declaration submitted to the Registrar and signed by each applicant.
(2) The application fee shall not be refunded if the application is withdrawn.
Numbering of application
15.— (1) Upon receipt, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number in a manner determined by the Registrar to be appropriate.
Examination; decision to grant or refuse
16.— (1) The Registrar shall examine whether the application fulfils the requirements of section 7 (1).
Registration of industrial design
17.— (1) Subject to the payment of the registration and publication fee within the period prescribed in regulation 16 (6), the Registrar shall register the industrial design in accordance with section 8 (1) and this regulation.
Renewal of registration
18.— (1) The renewal of registration of an industrial design under section 10 (2) may be made by the registered owner or his agent during the six month period preceding the expiry of the registration in Form 4 of schedule II.
Entries in the Register
19.— (1) The Registrar shall cause to be entered in the Register in respect of every industrial design, in addition to the information indicated in regulation 17 (3) —
Change in ownership, licence contracts
20.— (1) The request under section 13, for the recording of a change in ownership of an industrial design registered under the Act or of an application therefor shall be made on Form 6 and shall be subject to the payment of the prescribed fee.
(3) A licence contract submitted for recordal under section 14 (2) shall be accompanied by the prescribed fee.
1 If there is more than one person or competent authority, together, opposing the registration of the geographical indication, the data concerning each opponent must appear on a supplementary page if the space provided is not sufficient. Indicate the numbers continued on the supplementary page by their numerals and titles.
2 Where an Attorney-at-law has been appointed, the address for service of the Attorneyat-law shall be treated as the address to which communications shall be transmitted. (Regulation 2292))
Address for service
21.— (1) There shall be furnished to the Registrar –
and the address so furnished or, where another address (being an address in Saint Lucia) has been furnished in place thereof, that address shall be treated for the purpose of that application or those proceedings, as appropriate, as the address of that applicant or, as the case may be, of that person.
(2) Where an agent has been appointed in accordance with section 20 and Regulation 10, the address of the agent shall, for all purposes connected with the Act and these Regulations, be treated as the address to which communications to that person or persons who appointed the agent shall be transmitted.
Excluded days
22. When the last day for doing any act or taking any proceedings falls on a day when the office is not open to the public for business, it shall be lawful to do the act or take the proceedings on the day when the office is next open for business.
Search, certified copies
23.— (1) A search of the Register or any file pertaining to an industrial design shall be subject to payment of the prescribed fee.
(2) Requests for certified copies of extracts from a Register or for copies of documents shall be made to the Registrar in writing and shall be subject to payment of the prescribed fee.
Inspection of licence contracts
24. The file relating to a license contract may be inspected and extracts obtained only with the written permission of the licensor or licensee.
Correction of errors
25.— (1) Correction of errors under section 17 may be made by the Registrar upon receipt of a request in writing and subject to such terms as he may consider appropriate, or on his own initiative.
(2) Corrections made shall be communicated to all interested persons and, where considered necessary, shall be published by the Registrar.
Hearing
26.— (1) Before exercising adversely to any person any discretionary power given to the Registrar by the Act or these Regulations, the Registrar shall notify such person, in writing, of the opportunity to be heard thereon, and indicate a time limit, which shall not be less than one month, for filing a request for a hearing.
Service by mail
27. Any notice, application or other document sent to the Registrar by mail shall be deemed to have been given, made or filed at the time when it would be delivered in the ordinary course of the mail and in proving such sending, it shall be sufficient to prove that the letter containing such notice, application or other document was properly addressed and sent by registered mail.
Extension of time
28. The time or periods prescribed by these Regulations for doing any act or taking any proceedings thereunder, other than the time prescribed in Regulation 13 (1), may be extended by the Registrar if he thinks fit, upon such notice to the parties and upon such terms as he may direct, and such extensions may be granted although the time or period for doing such act or taking such proceeding has already expired.
Directions by Registrar
29.— (1) At any stage of any proceedings before the Registrar, he may direct that such documents, information or evidence as he may require be furnished within such period of time as he may fix.
(2) Where no provision is made in the Act or these Regulations in respect of any matter arising in the administration of the Act, the Registrar may make such directions in respect thereof as he considers necessary.
Dispensation by the Registrar
30. Where under these Regulations, any person is to do any act or thing, or any document or evidence is required to be produced or filed, and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to do that act or thing, or that document or evidence cannot be produced or filed, the Registrar may, upon the production of such evidence and subject to such terms as he thinks fit, dispense with the doing of any such act or thing, or the production or filing of such document or evidence.
Hours of business
31. The office shall be opened to the public from Monday to Thursday inclusive, each week, between the hours of 9:00 a.m. and 2:00
p.m. and 9:00 a.m. to 3:00 p.m. on Fridays or such other time as the Companies & Intellectual Property (Registry) Act No. 12 of 2000 provides.
Evidence
32.— (1) Where under these Regulations evidence may be filed, it shall be by statutory declaration or affidavit.
(2) The Registrar may, if he thinks fit, in any particular case, take oral evidence in lieu of or in addition to such evidence and shall allow any witness to be cross-examined on his affidavit or declaration.
Statutory declarations and affidavits
33.— (1) Any statutory declaration or affidavit filed under the Act or these Regulations shall be made before any officer authorised by law in Saint Lucia to administer an oath for the purposes of any legal proceedings.
(2) Statutory declarations or affidavits made outside Saint Lucia shall be made before a Consul or Notary Public.
Publication
34. Particulars of industrial designs and other proceedings under the Act and any other information required to be published under the Act or these Regulations shall be published in the Official Gazette.
Registrar’s certificate
35.— (1) The Registrar may give a certificate, other than a certificate prescribed by the Act or these Regulations, regarding any entry, matter or thing that he is authorised or required by the Act or these Regulations to make or do.
General
36. The Registrar may acknowledge inquiries made to the office, but the Registrar need not furnish any applicant or other person with information that would require a search of the public records of the office or provide advice on matters concerning the interpretation of the Act or Regulations or concerning other questions of law.
SCHEDULE I FEES
MATTER
(Regulation 3)
AMOUNT
$200.00 $50.00
$10.00
$10.00
$10.00 $100.00
$50.00 $100.00 $200.00
$100.00
$50.00
$50.00
$1.00 per printed page; $10.00 per document $1.00 per page
$20.00 $3.00 $5.00 for up to three files,
$1.00 for each additional file $50.00
$20.00
Regulation 10
SCHDULE II
FORMS
FORM 1
AUTHORISATION OFAGENT
I/We1 ___________________________________________ hereby appoint the following attorney-at-law as my/our agent in respect of an application for an Industrial Design entitled 2 ________________________________________, and empower the appointed agent to sign and amend the application, to prosecute it, to receive the registration certificate, to effect the renewal, and to withdraw or surrender the application or registration, and rectify any act done by the agent in respect of the application or subsequent registration.
This authorisation revokes all previous authorisations.
Name of agent:
Address for Service
Mailing address
Tel Number
Fax Number
E-mail address
Dated this day of 20
Name and Signature3: ___________________________________
1 Fill in full name and address of applicant(s) 2 Insert title/name of industrial design 3 To be signed by applicant(s) and bear seal of company or partnership if appropriate
FORM 2 APPLICATION FOR REGISTRATION OF INDUSTRIAL DESIGN For official use only Application #:
The Applicant(s) request(s) that the accompanying industrial design(s) be registered in respect of the following particulars:
1. Applicant (s)
(Additional information is contained on supplemental page) ___________ Name: ____________________________________________________ Address __________________________________________________ Mailing Address ___________________________________________ Nationality/ Principal place Residence __________
of business______________________ Telephone # ____________________ Fax # ______________
2. Authorisation of agent is
________ attached ________ will be filed within two months from the filing of this form
3. Creator of industrial design (s)
________ The creator is the applicant If the creator is not the applicant Name of creator ____________________________________________ Address _________________________________________________ The statement justifying the applicant’s right is attached. _____________
374
4. Representations of the Industrial Design(s); Specimen (s)
This Form is accompanied (in respect of each industrial design) by _________ Four graphic representations _________ Four drawings or tracings _________ A specimen of the industrial design
5. Products
The kind of products for which the industrial design(s) is (are) to be used is (are) the following:
6. Joint application
The designs which are the subject of this application _______ Relate to the same set of composition of articles. Relate to the same class namely class No _____________________of the
International Classification
7. Deferred Publication
The applicant(s) request(s) that the publication of the industrial design be deferred for a period of ___________________months1 from the date of filing or, if priority is claimed, from the date of priority.
8. Priority Claim (if any)
The priority of an earlier application is claimed as follows: Country Filing date(s) Application No. The priority of more than one earlier application is claimed; the data is
indicated on a supplemental page ______________________________ The certified copy of the earlier application _________ Accompanies the Form _________ Will be furnished within two months of the filing of this Form
1 Insert requested period of deferment taking into account that Section 6 (8) the maximum period is 12 months.
9. Signature (s) __________________ __________________ Applicants/Agent2 Date
TO BE FILLED OUT BY THE REGISTRAR
2 Type name(s) under signature and delete whichever does not apply.
Regulation 17 Section 8 (1)
FORM 3
CERTIFICATE OF REGISTRATION OFAN INDUSTRIAL DESIGN
I _______________________________________________ Registrar of Companies and Intellectual Property of the State of Saint Lucia hereby certify that an industrial design having the registration No. ____________ has been registered to:
Name: ____________________________________________________ Address: _________________________________________________ on _________(date)__________________ in respect of an industrial design disclosed in an application for registration of that industrial design, having the
following: Filing date: _______________________________________________ Priority date: ______________________________________________
being an industrial design for _____________________________________ created by Name ____________________________________________________ Address __________________________________________________ A copy of the reproduction of the design accompanies this certificate. The publication of the registration will be deferred, as requested until ________2 Dated this day of 20
2 Insert date in accordance with Section 6 (8)
1
Where two or more designs are subject of the application, in accordance with Section 6 (7), certificates are to be issued separately for each design.
Registrar Companies and Intellectual Property
Section 10 (2) Regulation 18 (1)
FORM 4 APPLICATION FOR RENEWAL OFAN INDUSTRIAL DESIGN Industrial Design No:
I/We _______________________________________ of________________ Name(s) and address (es)
the registered owner(s) of the Industrial Design No: ______________________
hereby apply for renewal of the said Design in accordance with section 10(2) (or 10(3)) of the Act.
Agent (if applicable): ____________________________________________ Name _______________________________________________________ Address_____________________________________________________
Dated this day of , 20
Name and Signature: ____________________________________________ Applicant / Agent
Regulation 18 (4)
FORM 5 CERTIFICATE OF RENEWAL OF INDUSTRIAL DESIGN
I, ________________________________________Registrar of Companies and Intellectual Property hereby certify that Industrial Design No_______________________ has been renewed pursuant to application for renewal filed_______________________
Date of renewal ________________________________________________ Date of expiration ______________________________________________ Name of Registered owner: _______________________________________ Address _____________________________________________________ Products in respect of which industrial design registered_________________
Witness my hand this day of 20
Registrar Companies and Intellectual Property
Section 13 Regulation 20 (1)
FORM 6 APPLICATION FOR CHANGE OF OWNERSHIP
1. In the matter of:
_______ Application for Registration Filing Date: of Industrial Design No.
_______ Industrial Design No. Registration Date:
2. Applicant(s)/owner(s) Name: ___________________________________________________ Address: _________________________________________________
3. Request
The Registrar is hereby requested to record the change of ownership of the above-identified ___________________________________________1 The present applicant(s) /owner(s) is/are identified above. The new applicant(s) /owner(s) is/are identified below.
4. New Applicant (s) / Owner(s) Name: ___________________________________________________ Address: _________________________________________________ Agent (if applicable) _______________________________________ Nationality ________________________________________________ Principal place of business _____________________________________
1 Indicate registered design or application
5. Additional information
The following items accompany this Form _________ The original or a certified copy of the document evidencing the change of ownership, signed by or on behalf of the parties _________ Other documents evidencing this change in ownership (specify) _________ Other (specify)
6. Names and Signatures
__________________________ New Applicant(s)/New owner(s)/ Agent __________________________ Date __________________________ Applicant(s)/ Owner(s)/ Agent
2 Delete whichever is inapplicable 3 Delete whichever is inapplicable
Regulation 35 (2)
FORM 7
REQUEST FOR CERTIFICATE OFTHE REGISTRAR IN RELATION TO AN ENTRY,MATTER OR THING
IN THE MATTER OF1 ( e.g. an application for change of name)
I/We _________________________________________________ hereby (insert name and address)
request the Registrar to furnish me (us) with ___________________________2
Dated this day of 20
3
Name and Signature
4
To: The Registrar Registry of Companies and Intellectual Property Saint Lucia
1 These words matter be altered to suit other circumstances 2 Here set out the particulars that the Director is required to certify 3 Signature(s) with full names typed below 4 Address
FORM 8 CHANGE OF NAME/ADDRESS
I/We __________________________________________ the owner(s) of the (insert name and address)
application for registration of an industrial design (or the registered design identified below) wish to have recorded a change of name/address to
(insert new name /address)
Registration No.________________________________________________ Date registered _________________________________________________ Date of application filed __________________________________________ Title of design ________________________________________________ Agent (if applicable) ___________________________________________ Signed: (signature of owner(s)/agent)
(Name of owner(s)/ agent)
Authorisation of Agent to accompany this Form
Made this 2nd day of June, 2003
PETRUS COMPTON,
Minister for Intellectual Property.
SAINT LUCIA
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CASTRIES
2003 [ Price : $18.00 ]