WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/BLZ/D/2
6 November 2003
(03-5927)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
BELIZE
The present document reproduces the text1 of the Industrial Designs Act, Chapter 254,
Revised Edition 2000, as notified by Belize under Article 63.2 of the Agreement (see document
IP/N/1/BLZ/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
BELIZE
Le présent document contient le texte
1 de la Loi sur les dessins et modèles industriels,
Chapitre 254, Édition révisée de 2000, notifié par le Be lize au titre de l'article 63:2 de l'Accord (voir
le document IP/N/1/BLZ/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
BELICE
En el presente documento se reproduce el texto
1 de la Ley de Dibujos y Modelos Industriales,
Capítulo 254, Edición revisada de 2000, que Belice ha notificado en virtud del párrafo 2 del
artículo 63 del Acuerdo (véase el documento IP/N/1/BLZ/2).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/BLZ/D/2
Page 2
BELIZE
INDUSTRIAL DESIGNS ACT
CHAPTER  254
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,Revised Edition 1980 - 1990.
This  edition  contains  a  consolidation  of  the  following  laws-
ARRANGEMENT OF SECTIONS
INDUSTRIAL DESIGNS ACT
Amendments  in  force  as  at  31st  December,  2000.IP/N/1/BLZ/D/2
Page 3
CHAPTER 254
INDUSTRIAL DESIGNS
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.3. Registrable industrial design.
4. Right to industrial design.
5. Application for registration of design.6. Right of priority.7. Filing date of application.8. Examination of application.9. Registration of design.
10. 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.IP/N/1/BLZ/D/2
Page 4
24. Proceeding for infringement.
25. Other offences.
26. Application of Treaties.
27. Registrar.s annual report.28. Regulations.29. Repeals.30. Savings.31. Transitional.
32. Commencement.IP/N/1/BLZ/D/2
Page 5
CHAPTER 254
INDUSTRIAL DESIGNS
13 of 20002.[ 21st June, 2000 .]
Short title. 1. This Act may be cited as the Industrial Designs Act.Interpretation.
CAP. 253.
CAP. 4.
CAP. 253.
CAP. 253.2. In this Act, unless the context otherwise requires-
"Court"  means the  Supreme Court;
"Industrial design" 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 Intellectual Property referred to in section 5 (d) of
the Patents Act;
"Minister" means the Minister for the time being to whom the subject of
intellectual property is assigned by the Governor-General pursuant to section 41
of the Belize Constitution;
"Paris Convention" means the Paris Conv ention 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 maintained by the Registrar
of Intellectual Property appointed under section 4 of the Patents Act;
"Registrar" means the Registrar of Intellectual Property appointed under section 4
of the Patents Act.
Registrable
industrial
designs.3.-(1) An industrial design is registrable if it is new.
(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 in anyother way, prior to the filing date or, where applicable, the priority date of the
application for registration.
                                                     
2    This  Act  had  not  come  into  force  by  31st  December,  2000.IP/N/1/BLZ/D/2
Page 6
(3) Industrial designs the commercial exploitation of which would
be contrary to public order or morality shall not be registrable.
(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 committed by a third
party with regard to the applicant or his predecessor in title or ofan abuse committed by a third party with regard to the applicant
or his predecessor in title.
Right to
industrialdesign.4.-(1) The right to registration of an industrial design shall 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) Where 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.
Application for
registration of
design.5.-(1) An application for the registration of an industrial of design shall be filed
with the  Registrar in the prescribed form 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 industrial design; and
                   (c) an indication of the kind of products for which the industrial
design is to be used.IP/N/1/BLZ/D/2
Page 7
 (2) The application shall be accompanied by the prescribed
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) Where 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 provided that the designs relate to the same class of International
Classification or to the same set or composition of articles.
(6) The application may, at the time of filing, contain a request that
the publication of the industrial design, upon registration, be deferred for 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 applicant or his predecessor in title in or for any Stateparty to the Convention.
(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 considered not to have been made.
Filing date of
application.7.-(1) The Registrar shall accord as the filing date the date of receipt of the
application provided that, at the time of receipt; the application contains
information allowing the identity of th e applicant 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 su bsection (1), 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.IP/N/1/BLZ/D/2
Page 8
(3) If the applicant does not file the required correction, the
application shall be treated as if it had not been filed.
Examination of
application.8. After according a filing date, the Registrar shall examine  the application to
determine whether-
      (a) it complies with the requirements of sections 5 and 6;
      (b) it complies with the definition of a design under this Act;
      (c) the application fee has been paid; and
      (d) the industrial design is contrary to public order or morality.
Registration of
design.9.-(1) Where, following the examination referred to in section 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 shall be open to public  inspection and the Registrar shall publish a
notice of the deferment which shall contain information identifying the registeredowner, 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.
Rights conferred
by registration.10.-(1) The exploitation of a registered industrial design in Belize by persons
other than the registered owner shall require 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 Belize, to make, sell, import orotherwise distribute, for commercial purposes, any article bearing or embodying
the design.IP/N/1/BLZ/D/2
Page 9
(3) For the purposes of this section, .exploitation. 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 Belize
by the registered owner or with his consent.
Duration and
renewal of
registered
design.11.-(1) The registration of an industrial design shall be for a period of five years
from the filing date of the application for registration but may be renewed for two
further consecutive periods of five years upon payment of the prescribed renewal
fee.
(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 wi thin which he must pay the renewal fee.
Surrender of
registration.12.-(1) The owner of a registered design may surrender it by written declaration
to the Registrar who shall record the surrender in the Register and publish it in
the Journal.
(2) The surrender shall have effect from the date on which it is
recorded.
Inspection of
registered
design.13.-(1) Subject to the provisions of section 5 (6), the representations, specimens
and drawings of a registered design, including all documents lodged in relation
thereto shall, upon payment of the prescribed fee, be open to inspection by anyperson 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 representations, drawings or documents bymechanical  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 the expiration of twelve monthsfrom the date of application for such registration, be returned to the applicant if
he requests that they be returned to him.
Invalidation of
registration ofregistered design.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 his
successor in title;IP/N/1/BLZ/D/2
Page 10
             (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
register the design.
(2) An application for the invalidation of a design shall be served on
the person in whose name the design is registered and lodged with the Court in
the manner and within the time prescribed.
(3) An invalidated registration of an industrial design, or part
thereof, shall be regarded as null and void from the date of the registration.
(4) The Registrar of the Supreme Court shall notify the Registrar of
the decision of the Court to invalidate a design and the Registrar shall publish a
reference thereto in the Journal as soon as possible.
Changes in
ownership.15.-(1) Any change in the ownership of a registered design, or in the ownership
of the application therefor, shall be in writing and 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.
Licence
contracts.16.-(1)  Subject to this section, the owner of a registered design, on an application
therefor, may grant licences in respect of the design.
(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 confidential, 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.
Registrar.
CAP. 253.17. The Registrar shall perform the functions and exercise the powers
conferred on him by this Act and any other enactment, including the Patents Act.
Register. 18.-(1) The Registrar shall maintain a Register in which he shall record all mat-
ters 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.IP/N/1/BLZ/D/2
Page 11
(4) A certificate purporting to be signed by the Registrar and
certifying that any entry which he is author ized 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 evidence, 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 Intellectual Property Office, or an
extract from any such document, or any matter which has been
published under this Act,
which purports to be a certified copy or a certified extract, shall be admitted in
evidence without production of the original, and such evidence shall be sufficient
evidence of the matters stated therein.
(6) In this section, .certified copy.  and .certified  extract. mean a copy
and extract certified by  the Registrar and sealed with his seal.
Correction of
errors.19.-(1)  The Registrar may, of his own volition or upon the written request of any
interested person, correct any clerical 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 theRegister.
(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 justify it, he may,
upon the written request of any interested person, extend the time for doing anyact or taking any proceeding under this Act.
(2) The extension may be granted even though the time for doing the
act or taking the proceeding has expired.
Exercise of
discretionary
powers.21. The Registrar shall, before exercising any discretionary   power vested in
him by this Act or the Regulations made thereunder, give any party to a
proceeding before him the opportunity of being heard if his decision might
adversely affect that party.
Agents. 22. Every applicant whose ordinary residence or principal place of business
is outside Belize shall be represented by an Attorney-at-Law who has been
enrolled to practice in the courts of Belize in accordance with the relevant law.
Jurisdiction of
Court.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 brought
before it.IP/N/1/BLZ/D/2
Page 12
(2) Any person who has been aggrieved by a decision of the
Registrar under this Act may, within two months of that decision, appeal to the
Court.
Proceeding for
infringement.24.-(1)  The registered owner of an industrial design shall, in  addition to any
other rights, remedies or actions available to him, have the right to institute court
proceedings against any person who infringes the industrial design by
performing, without his authorisation, 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 way 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, also
order, in respect of the same infringement, that the plaintiff be given an accountof 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 upon by way
of defence.
(5) Any person who intentionally performs an act which constitutes
an infringement as defined under subsection (1) commits an offence and is liable
to a fine of five thousand dollars or to imprisonment for five years.
(6) A licensee 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
specified in subsection (2) above.
Other offences. 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,IP/N/1/BLZ/D/2
Page 13
commits an offence and is liable to a fine of five thousand dollars and to
imprisonment for ten years.
(2) Any  person who -
                  (a) for the purpose of deceiving the Registrar or any 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 representation knowing the same to be false, commits
an offence and is liable to a fine of five thousand dollars and imprisonment for
five years.
Application of
Treaties.26. The provisions of any international treaty in respect of industrial property
to which Belize is party shall apply to th is act and matters dealt with herein, and
where there is any conflict, the provisions of the treaty shall prevail.
Registrar's
annual report.27.     The Registrar shall, before 1st June every year, make an annual report to
the Minister regarding the operation of this Act and the discharge of his functions
thereunder.
Regulations. 28. The Minister may make Regulations providing for any matter which is to
be prescribed under this Act, or for giving effect to the purpose of this Act.
Repeals.
CAP. 212,
R.E. 1980-1990.29.-(1) The Patents and Designs Act, and the United Kingdom Patent Acts of
1949 and 1977, in so far as they apply to designs that are or may be protected
under the law of Belize, shall stand repealed at the commencement of this Act.
CAP. 1. (2) Without prejudice to the provisions of section 28 of the
Interpretation Act, the repeals effected by subsection (1) above include the repealof any subsidiary legislation made under the repealed Acts, in so far as such
subsidiary legislation has effect as part of the law of Belize.
Savings. 30.-(1) Nothing in this Act shall affect the operation of any rule of equity
relating to breaches of trust or confidence.
CAP. 49.(2) Nothing in this Act affects the right of the State, or any person
deriving title from the State, to sell, use or otherwise deal with articles forfeited
under the Customs Regulation Act, including any article so forfeited by virtue of
this Act or an enactment repealed by this Act or repealing this Act.
Transitional. 31.-(1) Notwithstanding the repeal of the Acts referred to in section 29 above,
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 under the repealed Acts shall remain
in force for the unexpired portion of the period of protection provided for underthose Acts but may only be renewed in accordance with the provisions of this
Act.IP/N/1/BLZ/D/2
Page 14
(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 who has filed an application for the registration of an industrial design in the
United Kingdom may, within twelve months after the coming into force of thisAct, file an application for the registration 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.
Commencement. 32. -(1) This Act shall come into force on a day to be appointed by the Minister
by Order published in the Gazette.
(2) Different days may be appointed for bringing different
provisions into force, or for bringing different purposes of the same provision
into force.
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