Corporate Affairs
and Intellectual Property Office
Intellectual
Property
INDUSTRIAL DESIGNS
What is an Industrial Design?
Do I have to register my Design?
Are all Designs registrable?
How long will my Industrial Design be protected?
What is the difference between a Patent and an Industrial Design?
How do I register my Industrial Design?
Does registration in Barbados give my industrial design
protection abroad?
Can I sell or license my registered design?
What is an Industrial Design?
It is the features of shape, configuration, pattern or ornamentation that gives a special appearance to a product of industry or handicraft and serves as a pattern for that product of industry or handicraft. The industrial design does not need to have any artistic merit but must new.
'New' means not previously made available in Barbados.
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Do I have to register my Design?
No, but a registered industrial design can be a valuable commercial asset. As the owner of a registered industrial design you can easily enforce your rights against a person who uses your industrial design without your permission.
As the registered owner, you:
* Have the exclusive right to use the design specified in your registration;
* Have the exclusive right to authorize other people to use your design as specified in the registration;
* Have a registered design which is 'personal property' which can grow in value and can be sold;
* Can take legal action to stop other people using your design without your permission.
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Are all Designs registrable?
No. Designs for products which are primarily literary or artistic in character cannot be registered. They are:
* Book jackets
* Calendars
* Certificates, forms or other documents
* Dressmaking patterns
* Greeting cards
* Leaflets
* Maps and plans
* Post cards
* Stamps
* Transfers
* Medals
These may be protected under the Copyright Act.
You may not register a design featuring:
* Layout for an integrated circuit
* The Olympic ring or motto or the Olympic torch or flame
* Representation of Queen Elizabeth II or any member of the Royal Family
* The coat of arms, flag or seal of Barbados
* The armorial bearings, flags, state emblems or signs of any other country
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How long will my Industrial Design be protected?
Registration initially protects your design for 5 years which can be renewed for 2 further consecutive periods of 5 years each.
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What is the difference between a Patent and an Industrial Design?
A registered industrial design applies to the outward appearance of an article whereas a patent is concerned with the function, operation, manufacture or material of construction of an article. Registration of an industrial design does not give the owner any statutory assurance of the validity of the design.
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How do I register my Industrial Design?
An application is filed at the Corporate Affairs and Intellectual Property Office, Keith Bourne Complex, Belmont Road, St. Michael.
The cost of an application is $100.00 and a further $100.00 for registration.
The industrial design will be entered in the Register and the Director will send to you by registered post your certificate of registration.
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Does registration in Barbados give my industrial design protection abroad?
No. Registration is effective only in Barbados. However, registration here can be used to establish a 'priority' date for a separate application made in a foreign country.
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Can I sell or license my registered design?
Yes. A registered design can be a valuable business asset and you can sell or license it like any other property.
IMPORTANT NOTE:
The preceding notes and all published material contained in this website
are intended to provide general information to the public on the various
topics covered. The material published on this website is the copyright of
the Government of Barbados and may not be reproduced in whole or part
unless permission is first obtained from the Corporate Affairs and
Intellectual Property Office. Further, the information provided on this
website should not be used in substitution for consulting the texts of the
relevant Laws of Barbados or seeking independent legal or other advice.
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