WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACI0N MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/DMA/D/1 
18 June 2001 
(01-3001) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
DOMINICA 
The present document reproduces the text1 of the Industrial Designs Act, Act No. 2 of 1998, 
as notified by Dominica under Article 63.2 of the Agreement (see document IP/N/l/DMA/1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
DOMINIQUE 
Le present document contient le texte1 de la Loi n° 2 de 1998 sur Jes dessins et modeles 
industriels, notifiee par la Dominique au titre de !'article 63:2 de l'Accord (voir le document 
IP/N/1/DMA/l). 
Consejo de Ios Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
DOMINICA 
En el presente documento se reproduce el texto1 de la Ley de Dibujos y Modelos Industriales, 
Ley N° 2 de 1998 notificada por Dominica en virtud del parrafo 2 del articulo 63 del Acuerdo (vease 
el documento IP/N/1/DMA/1 ). 
1 In English only./En anglais seulement./En ingles solamente. IP/NI 1 IDMAID/1 
Page 2 
1998 INDUSTRIAL DESIGNS ACT2 
COMMONWEALTH OF DOMINICA 
ARRANGEMENT OF SECTIONS 
SECTION 
1. Short title. 
2. Interpretation. 
3. Registrable industrial designs. 
4. Righrto industrial d~sign. 
5. Application for registration. 
6. . Right of priority. 
7. Filing date of application. 
8. "Examination of application. 
9. · Registration of design. 
l 0. Rights conferred by registration. 
11. Duration and renewal of registered design. 
12. Surrender of registration. 
13. Inspection of registered design. 
14. Invalidation of registration of registered design. 
15. 'Changes in ownership. 
16. Licence contracts. 
17. Registrar. 
18. Register. 
19. Correction of errors. 
20. Extension of time. 
21. Exercise of discretionary powers. 
22. Agents. 
23. Jurisdiction of Court. 
24. Proceedings for infringement. 
25. Other offences. 
26. Application of treaties . 
. ·21. Registrar's annual report. 
28. Regulations. 
29. Repeal. 
30. Transitional. 
31. Commencement. IP /N/1 /D MA/D/1 
Page 3 
@ 
22nd April, 1998. I assent 
C.A. SORHAINDO 
President. 
AN ACT TO PROVIDE FOR THE PROTECTION OF INDUS­
TRJAL DESIGNS IN DOMINICA, AND FOR fy1A 1TERS 
RELATED THERETO. 
(Gazetted 30th April, 1998). 
BE IT ENACTED by the Parliament of the Commonwealth of 
Dominica as follows: 
1. This Act may be cited as the -
INDUSTRIAL DESIGNS ACT 1998. Short title. IP/N/l /DMA/D/1 
Page 4 
Interpretation. 2. In this Act, unless the context otherwise requires -
''Court'' means the High Court~ 
"industrial design,t means any composition of lines or colours or 
any three dimensional form, or any material whether or not 
associated with lines or colours, which gives a special 
appearance to a product of industry or handicraft and can . 
serve as a pattern for a product of industry or handicraft and 
appeals to; and is judged by the eye, provided that it does not 
consist of anything which serves to obtain a technical result 
and leaves no freedom as regards arbitrary features of 
appearance; 
"International Classification" means the classification according 
to the Locarno Agreement of October 8, 1968, establishing 
an International Classification for Industrial Designs; 
"Journal'' means the journal of patents, marks and designs created 
Act No.· of 1998. under section 5( d) of the Patents Act, 1998; 
"Minister" means the Minister responsible for industrial designs; 
"Paris Convention" means the Paris Convention for the Protection 
of Industrial Property of March 20, 1883, as last revised; 
"priority date,, means the date of the·earlier application that serves 
as the basis for the right of priority provided for in the Paris 
Convention; and 
"Register" means the register of industrial designs; 
"Registrar" means the Registrar of Companies and Intellectual 
Act No. of 1998. Property appointed under section 4 of the Patents Act, 1998; 
Registrable 3. ( 1) An industrial design is registrable if it is new. 
industrial. designs. 
(2) An industrial design is new if it has not been disclosed 
to the public anywhere in the world, by publication in tangible form 
or by use or in any other way, prior to the filing date or,. where 
applicable, the priority date of the application for registration. 
(3) Industrial designs the commercial exploitation of which 
would be contrfil;'t_o·public order or morality shall not be registrable. IP/N/1/DMA/D/l 
Page 5 
( 4) For. the purposes of subsection (2),disclosure to the 
public of an industrial design shall not be taken into consideration if 
the disclosure -
( a) occurred within twelve months preceding the filing 
date or, where applicable, the priority date of the 
application; and 
( b) was by reason or in consequence of acts comIDitted 
by a thi(d party with regard to the applicant or his 
predecessor in title or of an abuse committed by a 
third party with regard to the applicant or his pred­
ecessor in title. 
4. ( 1) The right to registration of an industrial design shalI Right to 
industrial design belong to the creator. 
(2) ·where two or more persons have jointly created an 
industrial design, the right to registration of the industrial design 
shall belong to them jointly. 
(3) \Vhere two or more persons have created the same 
industrial design independently of each other, the person whose 
application has the earliest filing date or, if priority is claimed, the 
earliest validly claimed priority date, shall have the right to the 
industrial design, as long as the said application is not withdrawn, 
abandoned or refused. 
( 4) The right to an industrial design may be assigned or 
transferred by succession. 
(5) Where an industrial design is created in execution of a 
contract of employment, the right to the industrial design shall 
belong, in the absence of contractual provisions to the contrary ,"to the 
employer. 
( 6) The creator shall be named as such in the registration of 
the industrial design unless, in a special written declaration signed by 
him and addressed to the Registrar, he indicates that he wishes not to 
be so named .. 
(7) Any promise or undertaking by the creator made to any . 
person to the effect that he will make a declaration referred to in 
subsection (6) shall be without legal effect. IP/N/1/DMA/D/I 
Page 6 
Application for 
registration of 
design. 5. (1) An application for the registration of an industrial 
design shall be filed with the Registrar in the ·prescribed fo£:11 and 
shall contain the following: 
( a) a request in ·writing that the design be registered; 
(b) drawings, photographs or other adequate graphic 
representations of the article embodying the indus­
trial design; and 
( c) an indication of the kind of products for which the 
industrial design is to be used. 
(2) The application shall be accompanied by the pre­
scribed application fee. 
(3) The application may be accompanied by a specimen of 
the article embodying the industrial design where the industrial 
design is two-dimensional. 
( 4) \Vhere the applicant is not the creator~ the request shall 
be accompanied by a written statement justifying the applicant's 
right to the registration of the industrial design. 
(5) An application under this section may be in respect of 
two or more designs provid.ed that the designs relate to the same 
class of International Classification or to the same set or composi­
tion of articles. 
(6) The application may, at the time of filing, contain a 
request that the publication of the industrial design, upon registra­
tion, be deferred f<X a period not exceeding twelve months from the 
date of filing or, if priority is claimed, from the date of priority of 
the application. 
(7) The applicant may, at any time before the registration 
of a design, withdraw his application. 
Right of priority. 6. ( 1 ). The application may contain a declaration claiming 
priority, as provided in the Paris Convention, of one or more earlier 
national, regional or international applications filed by the appli­
cant or his predecessor in ti.tle in or for any State party to the 
Convention. · lP/N/l/DMA/D/1 
Page 7 
(2) Where the application.contains a declaration referred to 
in subsection ( 1), the Registrar may require the applicant to furnish, 
within the prescribed period, a copy of the earlier application or 
international application, certified as correct by the office with which 
it was filed, and the effect of that declaration shall be as provided for 
in the Paris Convention. 
(3) Where the earlier application is not in English, the 
Registrar may also request the applicant to furnish a translation 
thereof verified by the translator that the translation is, to the best of 
his knowledge, complete and. faithful. 
( 4) Where the Registrar is satisfied that the requirements of 
section 5 and this section and the Regulations pertaining to a 
declaration have not been fulfilled, the declaration shall be consid­
ered not to have been made. 
7. ( l) The Registrar shall accord as the filing date the date of Filing date of 
receipt of the application provided that, at the time of receipt, the application. 
application contains information allowing the identity of the appli-
cant to be established and the required graphic representation of the 
article embodying the industrial design. 
(2) Where the Registrar finds that the application did not, at 
the time of receipt, satisfy the requirements of subsection ( l ), he shall 
invite the applicant to file the required correction and shall accord, 
as the filing date, the date of receipt of the required correction. 
(3) If the applicant does not file the required correction, the 
application shall be treated as if it had not been filed. 
8. After according a filing date, the Registrar shall examine the Examination of 
application. application to determine whether -
( a) it complies with the requirements of sections 5 and 6; 
( b) it complies with the definition of 8: design under this 
Act; 
( c) the application fee has been paid; and 
( d) the industrial design is contrary to public order or 
morality. IP/N/1/DMA/D/1 
Page 8 
Registration of 
design. 
Rights conferred by 
registration: 9. ( 1) \Vhere, following the examination referred to in sec­
tion 8, the Registrar is satisfied that the relevant requirements for 
registration have been fulfilled, he shall -
(a) publish a notice of registration of the industrial 
design in the Journal; 
(b) register the industrial design; and 
( c) issue, to the applicant, a certificate of registration. 
(2) Where he is not so satisfied, the Registrar shall refuse 
the application and notify the applicant in writing of that fact. 
(3) Where a request has been made under section 5(6) for 
deferment of publication, no representation of the design or any file 
relating to the application shaH be open ~o public inspection and the 
Registrar shall publish a notice of the deferment which shall 
contain information identifying ~he registered owner, the filing 
date of the application, the length of time for which deferment has 
been requested and any other prescribed particulars. 
( 4) During the period of deferment of publication, legal 
proceedings on the basis of a registered industrial design may not 
be instituted unless the information contained in the Register and 
in the file relating to the application has been communicated to the 
person against whom the action is brought. 
(5) At the expiry of the period of deferment, the Registrar 
shall publish the registered industrial design. 
10. (1) The exploitation of a registered industrial design in 
Dominica by persons other than the registered owner shall requir:e 
the written authorisation of the latter. 
(2) The owner of a registered design shall, subject to the 
provisions of this Act, and to any rights appearing from the Register 
to. be vested in any other person, have the exclusive right, in 
Dominica, to make, sell, import or othenvise distribute, for com­
mercial purposes, any article bearing or embodying the design. IP/N/1/DMA/D/1 
Page 9 
(3) For the purposes of this section, Hexploitation,' of a 
registered design means the doing of any act specified in subsection 
(2). 
( 4) The rights conferred by the registration of a design shall 
not extend to acts in respect of articles which have been put on the 
market in Dominica by the registered owner or with his consent. 
11. (1) The registration of an industrial design shall be for a Duration and 
period of five years from the filing date of the application for renewaJ of 
registered design. registration but may be renewed for two further consecutive periods 
of five years upon payment of the prescribed renewal foe. 
(2) Where the owner of the registered design is late paying 
the renewal fee, the Registrar shall, upon payment of the prescribed 
surcharge, give him a period .of grace of six months within which he 
must pay the renewal fee. 
12. ( 1) The owner of a registered design may surrender it by Surrender of 
written declaration to the Registrar who shall record the surrender in registration. 
the Register and publish it in the Journal. 
(2) The surrender shall have effect from the date on which it 
is recorded . . 
13. ( 1) Subject to the provisions of section 5(6), the representa- Inspection of 
tions, specimens and drawings of a registered design, including all registered design. 
documents ·lodged· in relatLon thereto shall, upon payment of the 
prescriqed fee, be open to inspection by any person on and after the 
day on which the certificate of registration is issued. 
(2) Any person may, upon payment of the prescribed fee, 
obtain, from the Registrar, a copy of any such representations, 
drawings or documents. 
(3) The right of inspection under subsection (1) shall not 
include the right to make a copy of any such represen_tations, 
drawings or ~ocuments by mechanical means. 
( 4) When an application for the registration of a design has 
been abandoned or refused, the representations, drawings or other 
documents shall not, at any time, be open to inspection but shall, after IP/N/1/DMA/D/l 
Page 10 
Invalidation of 
registration of 
registered design. 
Changes in 
ownership. the expiration of twelve months from the date of application for 
such registration, be returned to the applicant if he requests that 
they be returned to him. 
14. (1) The Court may, on the application of any interested 
party, invalidate the registration of an industrial design either 
wholly or in part or in respect of any particular article in connection 
with which the design is registered on any of the following grounds: 
( a) that the design is not new; 
( b) that the applicant for registration is not the owner or 
!)is successor in title; 
( c) that the application was made with the intention of 
defrauding the owner; or 
( d) any other ground on which the Registrar could have 
refused to registe(' the design. 
· (3) An application for the invalidation of a design shall be 
served on the person in whose na~e the design is registered and 
lodged with the Court in the manner and within the time prescribed. 
( 4) An invalidated registration of an industrial design, or 
part thereof, shall be regarded as null and void from the date of the 
registration. 
(5) The Registrar of the High Court shall notify the Regis­
trar of the decisiqn of the Court to invalidate a design and the 
Registrar shall publish a reference thereto in the Journal as soon as 
possible. 
15. (1) Any change in the ownership of a registered design, or 
i~ the ownership of the application therefor, shall be in writing arJd 
shall, upon the request of any interested party, be recorded and, 
except in the case of an application, be published in the Journal by 
the Registrar. 
(2) A change under subsection (1) shall have no effect 
against third parties· until it has .been recorded .. IP IN/ 1 /D MAID/ 1 
Page 11 
16. ( 1) Subject to this section, the owner of a registered design Licence 
or an application therefor may grant licences in respect of the design. contracts. 
(2) A copy of each licence contract relating to a registered 
design or an application therefor shall be submitted to the Registrar 
who shall keep its contents confi"dential, but shall record it and 
publish a notice thereof. 
(3) The licence contract shall have no effect against third 
parties until it has been recorded. 
17. The Registrar shall perform the functions and exercise the Registrar. 
powers conferred on him by this Act and any other enactment. 
18. ( 1) The Registrar shall maintain a Register in which he shall Register. 
record all matters required by this Act or the Regulations to be 
recorded. 
(2) Any person may, upon payment of the prescribed fee, 
and in accordance with any prescribed conditions, consult, inspect or 
make a copy of, or obtain an extract from, the Register. 
(3) The Register shall be prima facie evidence of anything 
required or authorised by this Act to be registered, and shall be 
admissible and sufficient evidence of any such thing. 
( 4) A certificate purporting to be signed by the Registrar and 
certifying th.at any entry which he is authorised to make by this Act 
has or has not been made, or that any other thing which he is so 
authorised to do has or has not been done, shall be prima facie 
evidence, and shall be admissible and sufficient evicte·nce, of the 
matters so certified. 
(5) Each of the following, that is to say a copy of -
( a) an entry in the Register or an extract from the 
Register which is supplied under subsection (2); and 
(b) any document kept in the Companies and Intellec­
tual Property Office, or an extract (rom any such 
document, or any matter which has been published 
under this Act, which purports to be a certified copy IP/N/1 /DMA/D/ l 
Page 12 
Correction of 
errors. or a certified extract shall be admitted in evidence 
without production of the original, and such evi­
dence shall be sufficient evidence of the matters 
stated therein. 
(6) In this section, "certified copy0 and "certified extract" 
mean a copy and extract certified by the Registrar and sealed with 
his seal. 
19. (1) The Registrar may, of his own volition or upon the 
written request of any interested person, correct any ckrical error 
or error in translation or transcription in any application filed under 
this Act, or in any document filed in pursuance of such application, 
and the Registrar may also correct any clerical error in the Register ... 
(2) Subsection (1) shall not be construed as giving the 
Registrar any power to correct the Register, any application or 
document in a material way. 
Extension of time. 20. ( 1) Where the Registrar is satisfied that the circumstances 
Exercise of 
discretionary 
powers. 
Agents. 
Jurisdiction of 
Court. justify it, he may, upon the written request of any interested person, 
extend the time for doing any act or taking ar:y proceeding under 
this Act. 
(2) The extension may be granted even though the time for 
doing the act or taking the proceeding has expired. 
21. The Registrar shall, before exercising any discretionary 
power vested in him by this Act or the Regulations made thereun­
der, give any party to a proceeding before him the opportunity of 
being heard if his decision might adversely affect that party. 
22. Every appli~ant whose ordinary residence or princip~l 
place of business is outside Dominica shall be represented by a 
legal practitioner who has been enrolled to practice in the courts of 
Dominica in accordance with the relevant law. 
23. (1) The Court shall have jurisdiction in cases of disputes 
relating to the application of this Act, and in matters which~ under 
this Act, may be hr.ought before it. (2) Any person who has been aggrieved by a decision of the 
Registrar under this Act may t within two months of that decision, 
appeal to the Court. IP/N/1/DMA/D/l 
Page 13 
24. ( 1) The registered owner of an industrial design shal 1, iri Proceedings for 
addition to any other rights, remedies or actions available to him, infringement. 
have the right to institute court proceedings against any person who 
infringes the industrial design by performing, without his authorisa-
tion, any of the acts referred to in section 10 (2) or who performs acts 
which make it likely that infringement will occur. 
(2) In any proceedings under this section, the Court may 
grant relief by \Vay of -
( a) damages; 
( b) injunction· 
( c) delivery up or destruction of any infringing product, 
article or product of which the infringing product 
forms an inseparable part; or 
( d) an account of profits derived from the infringement 
or otherwise as it may deem fit. 
(3) The Court shall not, in awarding damages under this 
section, '1lso order, in respect of the same infringement, that the 
plaintiff be given an account of the profits derived by him from the 
infringement. 
( 4) In any proceedings under this section, the Court shall 
have jurisdiction to order the invalidation of the registration of a 
design on any of the grounds specified in section 14,. and any such 
grounds may be relied up.on by way of defence. 
(5) Any person who intentionally performs an act which 
constitutes an infringement as defined under subsec.tion ( 1) commits 
an offence and is liable to a fine of twenty thousand dollars and 
imprisonment for five years. 
( 6) A licencee who has requested the owner to institute court 
proceedings for a specific relief and the owner has refused or failed 
to do so, may also bring an action under this section, and the Court 
shall grant him any·relief spec"ified in subsection (2). IP/N/1/DMA/D/l 
Page 14 
Other offences. 
Application of 
treaties. 
Registrar's annual 
report. 
· Regulations. 
Repeal. 
Ch. 78:43. 25. ( 1) Any person who, knowing the same to be false -
( a) makes or causes to be made a false entry in the 
Register; 
( b) makes or causes to be made any document falsely 
purporting to be a copy of an entry in the Register; 
or 
( c) produces, tenders or causes to be produced as 
evidence any such entry or copy thereof, 
commits an offence and is liable to a fine of thirty thousand dollars 
and imprisonment for ten years. 
· (2) Any person who -
( a) for the purpose of deceiving the Registrar or ~ny 
other officer in the execution of his duties under 
this Act; or 
( b) for the purpose of procuring or influencing the 
doing or omission of any act under this Act; 
makes a false statement or represen~ation knowing the same to be 
false, commits an offence and is liable to a fine of twenty thousand 
dollars and imprisonment for five years. 
26. The provisions of any international treaty in respect of 
industrial property to which Dominica is party shall apply to 
matters dealt with by this Act and, in case of conflict with the 
provisions of this Act, shall prevail over the latter. 
27. (1) The Registrar shall, before 1st June every year, make 
an annual report to the~ '1°inister regarding the operation of this Act 
and the discharge of his functions thereunder. 
· 28. The_ Minister may make regulations providing for any 
matter which is to be prescribed under this Act, or for giving effect 
to the purposes of this Act. 
29. The United Kingdom Designs (Protection) Act (hereinafter 
referred to as "the former Act") is hereby repealed. IP/N/1/DMA/D/1 
Page 15 
30. (I) Notwithstanding the repeal of the fonner Act, industrinl Tr.insitional. 
designs registered thereunder shall remain in force but shall, subject 
to subsection (2), be deemed to have been registered under this Act. 
(2) Industrial designs registered tinder the former Act shall 
remain in force for the unexpired portion of the period of protection 
provided for under that Act and may be renewed in accordance with 
the provisions of this Act. 
(3) A person who, on the date of the coming into force of this 
Act is the owner of an industrial design that has been registered in the 
United Kingdom or has filed an application for registration of an 
industrial design in the United Kingdom may, within twelve months 
the coming into force of this Act, file an application for the registra­
tion of the same industrial design under this Act, and such application 
shall be accorded the same filing date or date of priority accorded to 
the application for registration in the United Kingdom. 
31. ( 1) This Act shall come into force on such day as the Commencement 
Minister may, by Order published in the Gazette, appoint. 
(2) Different days may be appointed for bringing different 
provisions into force) or for bringing different purposes of the same 
provision into force. 
Passed in the House of Assembly this 24th day of March, 1998. 
ALEX F. PHILLIP (MRS.) 
Acting Clerk of the House of Assembly.