WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/DMA/T/1 
18 June 2001 
(01-3004) 
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 Marks, Collective Marks and Trade Names 
Act, Act No. 12 of 1999, as notified by Dominica under Article 63.2 of the Agreement (see document 
IP/N/1/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° 12 de 1999 sur les marques, marques 
collectives et noms commerciaux, notifiee par la Dominique au titre de l'article 63:2 de l'Accord (voir 
le document IP/N/l/DMA/1). 
Consejo de los 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 Marcas, Marcas Colectivas y 
Nombres Comerciales, Ley N° 12 de 1999, notificado por Dominica en virtud del parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/l/DMA/1). 
1 In English only./En anglais seulement./En ingles solamente. IP/N/1/DMA/T/1 
Page 2 
1999 MARKS, COLLECTIVE MARKS 
AND TRADE NAMES ACT12 
COMMONWEALTH ·oF DOMINICA 
SECTION ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
1. Short title. 
2. Interpretation. 
PART II 
MARKS 
3. Acquisition of exclusive right to mark. 
4. Registrability of mark. 
5. Application for registration. 
6. Examination of application. 
7. Opposition to registration. 
8. Registration of mark. 
9. Rights conferred by registration of mark. 
10. Duration and renewal of registration. 
11. Invalidation of mark. 
12. Removal of mark from Register. 
13. Licensing of marks. 
PART III 
COLLECTIVE MARKS 
14. Collective marks. 
15. Invalidation of collective mark. 
16. Licensing of collective. marks. 
17. Trade names. PARTIV 
TRADE NAMES PARTY 
ACTS OF UNFAIR COMPETITION 
SECTION 
18. Acts of unfair competition. 
PART VI 
GENERAL PROVISIONS 
19. Where documents not in English. 
20. Changes in ownership. 
21. Agents. 
22. Registrar. 
23. Register. 
24. Correction of errors. 
25. Extension of time for applications. 
26. Exercise of discretionary power. 
27. Jurisdiction of Court. 
28. Infringement. 
29. Offences . 
. 30. . Registrar's annual report. 
31. Regulations. 
32. Application of international treaties. 
33. Repeal. 
34. Transitional. 
35. Commencement. IP/N/1/DMA/T/l 
Page 3 IP/N/1/DMA/T/l 
Page 4 
26th November, 1999 I assent 
V.L. SHAW 
President. 
AN ACT TO PROVIDE FOR THE PROTECTION OF MARKS, 
COLLECTIVEMARKSANDTRADENAMESINDOMI­
NICA, AND FOR MATTERS RELATED THERETO. 
(Gazetted 2nd December, 1999) 
BE IT ENACTED by the Parliament of the Commonwealth of 
Dominica as follows: 
PARTI 
PRELIMINARY 
1. This Act may be cited as the -
MARKS, COLLECTIVE MARKS AND TRADE NAMES 
ACT 1999. 
2. In this Act, unless the context otherwise requires -
"collective mark" means any visible sign designated as such in the 
application for registration and capable of distinguishing the. 
o~gin or other common characteristic, including the quality, 
of goods or services of different enterprises which use the 
sign under the control of the registered owner of that sign; Short title. 
Interpretation. "Court" means the High Court; IP/N/1/DMA/T/l 
Page 5 
"International Classification" means the classification according 
to the Nice Agreement Concerning the International Classi­
fication of Gooqs and Services for the Purposes of the 
Registration of Marks, of June 15, 1957, as last revised; 
Act No. s or 1999. · "Journal" means the Journal of Intellectual Property created under 
Acquisition of 
exclusive right to 
mark. 
Registrability of mark. section 5(d) of the Patents Act 1999; 
"mark" means any visible sign capable of distinguishing the goods 
("trademark") or services ("service mark") of an enterprise; 
"Minister" means the Minister responsible for marks, collective 
marks and trade names; 
"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; 
"Register" means the Register of Marks referred to in section 23; 
"Registrar" means the Registrar of Companies and Intellectual 
Property; and 
"trade name" means the naine or designation by which a business 
or enterprise is identified and distinguished. 
PART II 
MARKS 
3. The exclusive right to a mark, as conferred by this Act, shall 
be acquired by registration in accordance with the prov1s10ns 
thereof. 
4. A mark cannot be validly registered if it is -
( a) incapable of distinguishing the goods or services of one 
enterprise from those of other enterprises; 
(b) contrary to public order or morality; 
(c) likely to mislead the public or trade circles, in particular 
. as regards the geographical origin of the goods or 
services concerned or their nature or characteristics; JP/N/1/DMA/T/1 
Page 6 
( d) identical to, or is an imitation of, or contains as an 
element, an armorial bearing, flag or other emblem, a 
name or abbreviation or initials of the name of or 
official sign or hallmark adopted by, any State, inter­
governmental Organisation or Organisation created by 
an international convention, unless authorised by the 
competent authority of that State or Organisation; 
( e) identical to, or confusingly similar to, or constitutes a 
translation of, a niark or trade name which is well 
known in Dominica for identical or similar goods or 
services of another enterprise, or if it is well-known and 
registered in Dominica for goods or services which are 
not identical, or similar to those in respect of which 
registration is appiied for, provided, in the latter case, 
that - · 
(i) use of the mark in relation to those goods or services 
would indicate a connection between those goods 
or services and the owner of the well-known mark; 
and 
(ii) that the interests of the owner of the well-known 
mark are likely to be prejudiced by such use; or 
(j) identical to a mark belonging to a different owner and 
already on the Register, or with an earlier filing or 
priority date, in respect of the same goodi> or services or 
closely related goods or services, or if it so nearly 
resembles such a mark as to be likely to deceive or cause 
confusion. 
5. (1) An application for the registration of a mark shall be Ap~licat_ion for 
filed with the Registrar on the prescribed form and shall contain the reg,strauon. 
following: 
(a) a request that the mar:.;, be registered; 
(b) a reproduction of the mark; and 
( c)' a list of the goods or services for which registration 
of the mark is requested, listed under the applicable 
class or classes of the international Classification. 
(2) The application shall be accompanied by the prescribed 
application fee. Examination of 
application. 
Opposition to 
registration. IP/N/1/DMA/T/l 
Page 7 
(3) The application may contain a declaration claiming the 
priority, as provided for in the Paris Convention, of an earlier 
national or regional application filed by the applicant or his pred­
ecessor in title in or for any State party to the said Convention or any 
member of the World Trade Organisation, in which case the 
Registrar may require that the applicant furnishes, within the 
prescribed time limit, a copy of the earlier application, certified as 
correct by the Office with which it was filed. 
( 4) The effect of the said declaration shall be as provided in 
the Paris Convention. 
(5) Where the requirements of subsection (3) and any 
regulations pertaining thereto have not been satisfied, the said 
declaration shall be considered not to have been made. 
(6) The applicant may withdraw the application at any time 
before the mark is registered. 
6. (1) The Registrar shall examine the application to deter­
mine whether it complies with the requirements of section 5(1) and 
(2) and the Regulations pertaining thereto. 
(2) The Registrar shall also examine and determine whether 
the mark is a mark as defined in section 2 and complies with the 
requirements of section 4 of paragraphs (a) to (e) . 
(3) Where the Registrar finds that the requirements referred 
to in subsections (1) and (2) are fulfilled, he shall forthwith cause the 
appllcation, as accepted, to be published in the Journal in the 
prescribed manner. 
7. (1) Any interested person may, within the prescribed pe·riod 
and in the prescribed manner, give notice to the Registrar of 
opposition to the registration of the mark on the ground that one or 
r:nore of the requirements of section 4 and the regulations pertaining 
thereto have not been fulfilled, .or that the mark is not a mark as 
defined in section 2. 
(2) The Registrar shall send forthwith a copy of such notice 
to the applicant who shall, within the prescribed period and in the 
prescribed manner, file, with the Registrar, a counter-statement of 
the grounds on which he relies for his application. IP/N/1 /DMA/T/1 
Page 8 
(3) The applicant shall be deemed to hav~ abandoned his 
application if he fails to comply with the provisions of subsection (2). 
( 4) Where the applicant files a counter-statement, the Reg­
istrar shall forthwith furnish a copy thereof to the person giving 
notice of opposition arid, after hearing the parties, if they wish to be 
heard, and considering the merits of the case, shall decide whether 
the mark should be registered. 
(5) After an application is published and until the registra­
tion of the mark, the applicant has the same privileges and rights as 
he would have if the mark had been registered, but it shall be a valid 
defence to an action brought hereunder in respect of an act done 
after the application was published if the defendant establishes that 
the mark could not validly have been registered at the time the act 
was done. 
8. ( 1) Where the Registrar finds that the reqlliremenls for the lkgi~ra1ionofmart. 
registration of a mark have been fulfilled, arn;l the registration of the 
mark has not been opposed within the prescribed time limit or the 
registration of the mark has been opposed but has been decided in 
the applicant's favour, he shall -
( a) register the mark in the Register; 
(b) publish a reference to the registration in the Journal; 
and 
( c) issue to the applicant a certificate of registratio~: 
(2) Where the requirements for registration are not satis­
fied or an application has been successfully opposed, the Registrar 
shall refuse the application. 
9. (1) No person shall use a registered mark in relation to any RightsconfcJTCdby 
goods or services for which it has been registered unless he has the registration of mark,_ 
authorisation of the owner to do so. 
(2) The registered own.er of a mark shall, in addition to any 
other rights, remedies or actions available to him, have the right to 
institute court proceedings against any person who i~ringes the 
mark by using the mark without his authorisation or who performs 
acts which make it likely that infringement will occur. Duration and rc~wal of 
registration. · IP/N/1/DMA/T/l 
Page 9 
(3) The right conferred under subsection (2) shall extend to 
the use of a sign similar to the registered mark and use in relation to 
goods and services similar to those for which the matk has been 
registered, where confusion may arise in the public. 
( 4) The rights conferred by the registration of a mark shall 
not extend to the use of the mark in respect to goods which have not 
been put' on the market by the registered owner or with his consent. 
(5) The rights in a mark may be assigned or transferred by 
succession. 
10. ( 1) The registration of a mark shall expire ten years from the 
filing date of the application for registration but may, upon· the 
written request of the registered owner and payment of the pre­
scribed renewal fee, be renewed for consecutive periods of ten 
years. 
(2) (a) Where the period prescribed for the payment of the 
renewal fee expires and payment of the said fee has not been made, 
the Registrar shall give the registered owner of the mark a period of 
grace not exceeding six months within which he must pay the 
renewal fee. 
(b) The registered owner of the mark shall, when 
paying the renewal fee in accordance with paragraph (a), also pay, 
to the Registrar, the surcharge prescribed for late payment. 
Invalida1ionofmai:J... 11. (1) The Court may, on the application of any interested 
party, invalidate the registration of a mark on the ground that -
(a) it is not a mark as defined in section 2; or 
(b) the requirements of section 4 have not been satis­
fied. 
(2) \Vhere the Court has invalidated the registration of a 
mark, the Registrar shall, as soon as possible, record the invalida­
tion and publish a reference thereto in the Journal, and any such 
invalidation shall be deemed to have been effective as of the date of 
the registration of the mark. IP/N/l/DMA/T/1 
Page 10 
12. (1) The Court may, on the application of any interested Removal of mark from 
person, order the removal from the Register of a mark in respect of Register. 
any of the goods or services in respect of which it is registered on 
the ground that up to one month prior to filing the request the mark 
had, after its registration, not been used by the registered owner or 
a licensee during a continuous period of three years or longer. 
(2) The Court shall not order the removal of a registered 
mark from the Register if the owner can show that special circum­
stances existed which prevented the use of the mark, and that there 
was, in relation to the goods or services referred to in subsection ( 1 ), 
no intention not to use the mark ·or to abandon it. 
13. (1) The owner' of a registered mark or an applicant therefor Licensing of marb. 
may grant licenses in respect of that mark. 
(2) A copy of each licence contract concerning a registered 
mark or an application there for shall be filed with the Registrar who 
shall keep its contents confi9ential, but shall record it and publish 
a reference thereto in the Journal. 
(3) Any licence contract made in relation to theregistration 
of a mark or an application therefor sha11 provide for the effective 
control, by the licensor, of the quality of the goods or services of the 
licensee· in connection with which the mark is used. 
( 4) Where the licence contract does not provide for such 
quality control or if such quality control is not effectively carried 
out, the licence contract shall be invalid. 
(5) A licence contract shall have no effect against third 
parties unless it has been recorded. 
PART III 
COLLECTIVE MARKS 
14. (1) Subject to subsections (2), (3) and section 15, sections 3 Colkctive marks. 
to 12 shall apply to collective marks. 
. (2) An application for the registration of a collective mark 
shall designate the mark as a collective mark and shall be accompa IP/N/1/DMA/T/I 
Page 11 
nied by a copy of the regulations governing the use of the collective 
mark. 
(3) The registered owner of a collective mark shall notify 
the Registrar of any changes made in respect of the regulations 
referred to in subsection (2). 
( 4) For the purposes of subsection (2), "regulations" means 
the rules made by the person under whose control the collec_tive 
mark may be used .. 
Invalidation of collective 
mark. 15. In addition to the grounds set out in section 11, th~ Court 
shall invalidate the registration of a collective mark if the person 
requesting the invalidation proves that only the registered owner 
uses the mark, or that he uses or permits its use in contravention of 
the regulations referred to in section 14 (2), or that he uses or permits 
its use in a manner which is liable to deceive trade circles or the 
public as to the origin or any other common characteristics of the 
goods or services concerned. 
Licrll.<'ing of colkcti'< 
mark.· 
Trade names. 16. The registration of a collective mark, or an application 
therefor, may not be the subject of a licence_ contract. 
PARTIV 
TRADE NAMES 
17. ( 1) A name or designation may not be used as a trade name 
if by its nature or the use to which it may be put, it is contrary to 
public order or morality and if, in particular, it is liable to deceive 
trade circles or the public as to the nature of the enterprise identified 
by that name. 
(2) Notwithstanding any law requiring the registration of 
trade names, such names shall be protected, even prior to or without 
registration, against any unlawful act committed by third parties. 
(3) Any use of the trade name by a third party, whether as 
a trade name or a mark or collective mark, or any such use of a 
similar trade name or mark likely to mislead the public is unlawful. IP/N/1/DMA/T/1 
Page 12 
PARTY 
ACTS OF UNFAIR COMPETITION 
18. (1) Any act of competition contrary to honest practices in Acts of unfair 
industrial or commercial matters is unlawful. competition. 
(2) The following acts, in particular, shall constitute acts of 
unfair competition -
(a) any act of such a nature as to create confusion by any 
means whatever with the establishment, the goods, 
or the industrial or commercial activities of a com­
petitor; 
( b) the making of false allegations in the course of trade 
of such a nature as to discredit the establishment, 
the goods, or the industrial or commercial activities 
of a competitor; and 
(c) indications or the making of allegations which, if 
used in the course of trade are liable to mislead the 
public as to the nature, the manufacturing process, 
the characteristics, the suitability for their purpose, 
or the quality of the goods of a competitor. 
(3) Any person who performs an.act of unfair competition 
commits an offence and is liable to a fine of not less than ten 
thousand dollars but not more than thirty thousand dollars .. 
PART VI 
GENERAL PROVISIONS 
19. Any application or other document filed under this Act Whe~documents~ in 
shall, if not in English, be accompanied by a translation thereof in English. 
English, verified by the translator that the translation is to the best 
of his knowledge, complete and faithful. 
20. (1) Any change in the ownership of the registration of a Changes in ownership. 
mark or collective mark, or in the ownership of an application 
therefor shall be -Registrar. lP/N/1/DMA/T/l 
Page 13 
(a) in writing and addressed to the Registrar; 
(b) recorded in the Register by the Registrar at the 
request of any interested party; and 
(c) published by the Registrar in the Journal, except in 
the case of an application. 
(2) A change referred to in subsection (1) shall have no 
effect against third parties unless it has been recorded. 
(3) Any change in the ownership of the registration of a 
collective mark, or in the ownership of an application.therefor shall 
require the prior written approval of the Minister. 
( 4) Any change in ·the ownership of a trade name must be 
made with the transfer of the enterprise or part thereof identified by 
that name and shall be in writing. 
(5) A change in ownership of the registration of a mark or 
a collective mark shall be invalid if it is likely to deceive or cause 
confusion, particularly in regard to the nature, origin, manufact~r­
ing process, characteristics, or suitability for their purpose, of the 
goods or services in relation to which the mark or collective mark 
is intended to be used or is being used. 
21. (1) Where an applicant's ordinary residence or principal 
place of business is outside Dominica, he shall be represented by a 
legal practitioner resident and practising"in Dominica in accordance 
with the relevant law. 
22. ,(1) The Registrar shall perform the functions and exercise 
the powers conferred on him by this Act and any other enactment. 
(2) Without derogating from the generality of subsection 
(1), the Registrar shall -
( a) perform all functions relating to the registration of 
marks and collective marks; 
(b) administer registered marks and collective marks as 
specified in this Act and the Regulations thereto; 
( c) superintend and perform all duties required by this 
Act and the Regulations thereto; and IP/N/1/DMA/T/l 
Page 14 
( d) carry out studies, programs or exchanges of items or 
services recording domestic and international law . 
on marks, collective marks, trade names and pro­
tection against unfair competition. 
23. (1) The Registrar shall maintain a register, to be known as Register .• 
the Register of Marks, in which he shall record all matters required 
by this Act or the Regulations to be recorded. 
(2) The Registrar shall register collective marks in a special 
section of the Register created for that purpose. 
(3) Any person may, upon payment of the prescribed fees, 
and in accordance with the prescribed conditions, consult, inspect 
or make a copy of or obtain an extract from the Register. 
( 4) 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. 
(5) A certificate signed by the Regjstrar and certifying that 
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 evidence of the matters so certified. 
(6) 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 (3); 
(b).any document kept in the Companies and Intellec:.. 
tual Property Office, or an extract from any such 
document, or any matter which has been publfahed 
under this Act, which is a certified copy .or a 
certified extract shall be admitted in evidence with­
out production of the original, and such evidence 
shall be sufficient evidence of the matters stated 
therein. 
(7) In this section, "certified copy" and "certified extract" 
means a copy or extract certified by the Registrar and sealed with 
his seal. IP/N/1/DMA/T/l 
Page 15 
Correction of errors. 24. (1) The Registrar may, of his own volition or upon the 
Extension of time for 
applications. 
Exerci~ of discretion­
ary power. 
Jurisdiction of Court. 
Infringement. written request of any interested person, correct any clerical error or 
error of 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 the power to correct in the Register, any application or 
document in a material way. 
25. (1) Where the Registrar is satisfied that the circumstances 
justify it, he may, upon the written request of any interested person, 
and upon such terms as he may direct, extend the time for doing any 
act.or taking any proceeding under this Act or the Regulations, and 
shall give written notice to the parties concerned. 
(2) The extension may be granted though the time for doing 
the act or taking the proceeding has expired. 
26. The Registrar shall give any party to a proceeding before 
him the discretionary opportunity of being heard before exercising 
any discretionary power vested in him under this Act or the 
Regulations if the exercise thereof might adversely affect that party. 
27. ( 1) The High Court shall have jurisdiction in cases of 
dispute relating to the application of this Act and the Regulations 
and in matters which, under this Act, may be brought before it. 
(2) Any person who is aggrieved by a decision of the 
Registrar under this Act may, within two months of that decision, 
appeal to the Court. 
28. (1) Subject to section 9( 4), an infringement shall consist of 
the performance, in Dominica, o°f any act referred to in section 9 by 
a person other than the owner of the title of protection and without 
the agreement of the latter. 
(2) On the application of the owner of the title of protection, 
or of a licensee if he has requested the owner to institute court 
proceedings for a specific relief and the owner has refused or failed 
to do so, the Court may -IP/N/1/DMA/T/1 
Page 16 
( a) grant an injunction to prevent infringement, an 
imminent infringement, or an unlawful act referred 
to in sections 17(2), (3), 18 or 29(2); 
(b) award damages; 
( c) order the seizure, forfeiture or destruction of -
(i) any infringing product or article, or of any_ 
product or article of whic;h the infringing 
product or article forms an inseparable 
part; and 
(ii) any article, instrument or thing by means of 
which any infringing product or article was 
produced; or 
( d) grant any other remedy provided for in the general 
l~w. 
(3) On the application of any competent authority or any 
interested person, association or syndicate, in particular of produc­
ers, manufacturers or traders, the Court may, in the case of an act of 
unfair competition referred to in section 18, grant the same relief set· 
out in subsection (2). 
29. (1) Any person who performs an act which constitutes an Offences. 
infringement as defined in section 28 or an unlawful act as defined 
in sections 17(3) or 18 commits an offence and is liable to a fine of 
not 1ess than ten thousand dollars but not more than thirty thousand 
dollars, or to imprisonment for a term of not less than three years but 
not more than ten years, or to both such fine and such imprisonment. 
(2) Any person who -
( a) forges a mark or collective mark ; 
(b) makes any die, block, machine or other instrument 
for the purpose of forging or of being used for 
forging a mark or collective mark; 
( c) disposes of, or has in his possession, ·any such-die, 
block, machine or other instrument; Registrar's annual 
report. IP/N/1/DMA/T/l 
Page 17 
(d) sells, or has in his possession for sale any goods to 
which is affixed a forged mark or collective mark; 
(e) imports, into the State -
(i) any product or article bearing a forged 
mark or collective mark; or 
(ii) any other infringing product or article, 
commits an offence and is liable to a fine of not less than fifteen 
thousand dollars, but not ·more than forty thousand dollars, or to 
imprisonment for not less than five years, but not more than twelve 
years, or to both such fine and such imprisonment. 
(3) Any person ~ho, 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 falseiy 
purporting to b~ a copy of an entry in the Register: 
or 
(c) produces, tenders or causes to be produced in evi-
dence any such entry or copy thereof, 
commits an offence and is liable to a fine of not less than ten 
thousand dollars, but not more than thirty thousand dollars. or to 
imprisonment for not less than three years, but not more than ten 
years, or to both such fine and such imprisonment. 
( 4) Any person who, for the purpose of -
(a) deceiving the Registrar or any oiher officer in the 
execution of his duties under this Act; or 
(b) 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 not less than five 
thousand dollars, but not more than twenty thousand dollars, or to 
imprisonment for a term of not less than two years, but not more than 
five years, or to both such fine and such imprisonment. 
30. 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. IP/N/1/DMA/T/1 
Page 18 
31. The Minister may make Regulations providing for any Regulations. 
matter which is to be prescribe:d under this Act, or for giving effect 
to the purposes of this Act. 
32. The provisions of any international treaty in respect of Application of 
marks, collective marks, trade names and protection against unfair international treaties. 
competition to which Dominica is a 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. 
33. The Trade Marks Act, the Registration of United Kingdom Repeal. 
Trade Marks Act and the Merchandise Marks Act are hereby g;: ;::~. 
r~pealed·. 'OJ. 78: 47. 
34. (1) Notwiths_tanding the repeal of the former Acts, trade- Transitional. 
marks registered thereunder shall remain in force but shall, subject 
to subsections (2) and (3), be deemed to have been re_gistered under 
this Act. 
(2) Trademarks thus registered shall remain in force for the 
unexpired portion of the period of protection provided for ~nder the 
Trade Marks Act or the Registration of United Kingdom Act as the OJ. 78:42. 
case may be, and may be renewed in accordance with the provisions OJ. 78: 44· 
of this Act, upon which renewal they shall be reclassified in 
accordance with the International Classification. 
(3) A person who, on the coming into force of this Act is the 
owner of a trademark registered in the_ United Kingdom or has filed 
an application for the registration of a trademark in the United 
Kingdom may, within twelve months of the entry into force of this 
Act, file an application for the registration of the same trademark 
under this Act, and such application shall be accorded the filing date 
or priority date accorded to the application or registration in the 
United Kingdom. 
35. (1) This Act shall come into fo~ce 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 9th day of September,1999. 
RUTH SIMON (MRs.) 
. Clerk of the House of Assembly (Ag.) IP/N/1/DMA/T/l 
Page 19