Industrial Designs

– Industrial Designs Act, Revised Statutes of Anguilla Chapter I 11 (Revises Act 7/2002, in force since August 12, 2002).
– Industrial Designs Regulations, Revised Regulations of Anguilla RI11-1 (Revises R.A. 17/2006, in force since September 29, 2006).

Membership in International Conventions

– None.

Filing

Exclusions from registration: an industrial design that is contrary to public order or morality is not registrable.

Classification: the International Classification according to the Locarno Agreement is adopted. 

Series applications: 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. 

Publication: the applicant may request at the time of filing that the publication of the design on registration be deferred for a period not exceeding twelve months from the date of filing or date of priority, if claimed. 

Priority: may be claimed as provided in the Paris Convention as last revised.

Filing requirements for an application (to be sent to resident agent):
1. The application for registration shall be filed with the Registrar and contain a request, drawings, photographs or other adequate graphic representations of the article embodying the industrial design and the kind of product for which the design is to be used;
2. Where the industrial design is two-dimensional, the application may be accompanied by a specimen of the article embodying the design;
3. Where the applicant is not the creator, a statement justifying the applicant’s right to the registration.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be sent within two months of the application date.

Registration, Protection

Examination: the Registrar examines the application to ensure that it satisfies the appropriate provisions of the Act and may invite the applicant to file the corrections where appropriate

Registration: where the application is satisfactory the Registrar will register the industrial design, publish a reference to the registration and issue a certificate of registration to the applicant. Where a deferment has been requested, the Registrar will publish a Notice of Deferment and on expiry of the deferment, the Registrar will publish the registered industrial design. 

Protection: the exploitation of a registered design in Anguilla by persons other than the registered owner shall require the agreement of the latter. 

Duration: the registration shall be for a period of five years from the filing of the application.

Renewals: for two further consecutive periods of five years on payment of the prescribed fee.

Grace period for payment: six months with surcharge.

Modification of Protection after Registration

Invalidation of registration: any interested person may apply to the court for invalidation of the registration within two months of the decision of the Registrar on ground that the design is not registrable under the Act or that the registered owner is not the creator or successor in title. Any invalidated design will be considered null and void from the date of registration and the decision of the court or any decision on appeal should be notified to the Registrar who shall publish it.

Assignment and licenses: must be recorded and published.

Infringement: the  court  may  grant  an  injunction, award damages and grant any other remedy.

Penalties: provided for.