WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/l/BLZID/l 
13 June 2000 
(00-2341) 
Original: English/ 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BELIZE 
The present document reproduces the text! of the Industrial Designs Bill, 2000, as notified by 
Belize un der Article 63.2 of the Agreement (see document IP/N/1/BLZ/l). 
Conseil des aspects des droits de propriété 
intellectuelle 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! du projet de loi sur les dessins et modèles industriels, 
de 2000, notifié par le Belize au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/BLZIl). 
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 
BELICE 
En el presente documento se reproduce el texto! de la Ley de Dibujos y Modelos 
lndustriales, 2000, que Belice ha notificado en virtud deI parrafo 2 deI articulo 63 dei Acuerdo 
(véase el documenta IP/N/1/BLZ/l). 
1 In English only./En anglais seulement.lEn inglés solamente. IP/N/l/BLZ/D/l 
Page 2 
BELIZE: 
INDUSTRIAL DESIGNS BILL, 2000 
ARRANGEMENT OF CLAUSES 
1. Short title 
2. Interpretation 
3. Registrable indus trial 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 
Il. 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 con tracts 
17. RegistraI' 
18. Register 
19. Correction of errors 
20. Extension of time 
21. Exercise of discretionary powers 
22. Agents 
23. J urisdiction of court 
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 BELIZE: 
BILL 
for 
AN ACT to pro vide for the protection of industrial 
designs in Belize; and to provide for matters 
connected therewith or incidental thereto. 
(Gazetted 18th March, 2000.) 
BE fT ENACTED, by and with the advice and consent 
of the House of Representatives and the Senate of 
Belize and by the authority of the same as follows:-
1. This Act may be cited as the 
INDUSTRIAL DESIGNS ACT, 2000. IPIN/1/BLZ/D/l 
Page 3 
2ND READlNG 
t>'AY 1 9 2DDO 
Short title. IPlNllIBLZ/DIl 
Page 4 
Interpretation. 
CAP.4. 2. In this Act, unless the context otherwise requires-
HCourt" means the Supreme Court; 
"industrial design" means any composition of lines or 
colours or any three dim~nsional form, or any material 
whether or not associated with lines or col ours, 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; 
"J oumal" means the Journal of Intellectual Pro pert y referred 
to in Section 5(d) of the Patents Act, 1999; 
"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 Convention for the 
Protection of lndustrial 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 Patent Act, 1999; "Registrar" means the Registrar of Intellectual Property 
appointed under section 4 of the Patent Act, 1999. 
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 any other way, prior to the 
filing date or, where applicable, the priority date of the 
application for registration. 
(3) lndustrial 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 shaIl not be taken into 
consideration if the disc10sure -
(a) occurred within twelve months preceding the 
filing date or, where applicable, the priority 
date of the application; and 
(h) was by reason or in consequence of acts 
committed by a third party with regard to the 
applicant or his predecessor in title or of an 
abuse committed by a thi ,'d party with regard 
to the applicant or his predecessor in title. 
4. (l) The right to registration of an industrialdesign 
shaH belong to the creator. 
(2) Where two or more persons have jointly created 
an indus trial design, the righ t to registration of the industrial 
design shaH belong to them jointly. 
(3) Where two or more persons have created the 
same industrial design independently of each other, the IPIN/l/BLZ/D/1 
Page 5 
Regislrable 
industrial 
designs. 
Right 10 
industriaJ 
design. IPIN/l/BLZID/1 
Page 6 
Application for 
registration of 
design. person whose application has the earliest filing date or, 
if priority is claimed, the earliest validly claimed priority 
date, shaH 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 pers on to the effect that he will make a dec1aration 
referred to in subsection (6) shall be without legal effect. 
5. (1) An application for the registration of an indus trial 
of design shall be filed with the Registrar in the-prescribed 
form designed shall contain the following: 
(a) a request in writing that the design be 
registered; 
(h) drawings, photographs or other adequate 
graphie 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. 
(2) The application shaH 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 appUcation 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. 
6. (1) The application may contain a declaration 
claiming priority, as provided in th<. 1 .:tris Convention, of 
one or more earlier national, regional, or international 
applications filed by the applicant or his predecessor in 
title in or for any State party to the Convention. 
(2) Where the application contains a declaration 
referred to in subsection Cl), 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 shaH be as provided for 
in the Paris Convention. IPIN/l/BLZ/DIl 
Page 7 
Right of 
priority. IPlNllIBLZIDIl 
Page 8 
Filing date of 
application. 
Exam ination of 
application. (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 
faithfu1. 
(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. 
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 the applicant to be established and the 
required graphie 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 application to determine wh ether-
(a) it complies with the requirements of sections 
5 and 6; 
(h) 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 morali ty . 
9. (l) 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 uncter 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 shaH publish a notice 
of the deferment vyhich shall contain information identifying 
the 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 pers on against 
whom the action is broUght. IPIN/l/BLZ/DII 
Page 9 
Registr,;tion of 
dc;,igr •. IP/N/l/BLZ/D/l 
Page 10 
Rights 
conferred by 
registration. 
Duration and 
rcnewalof 
registercd 
design. 
Surrendcr of 
registration. (5) At the expiry of the period of deferment, the 
Registrar shaH publish the registered indus trial design. 
10. (1) The exploitation of a registered industrial design 
in Belize by pers ons 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 
t.he exclusive right, in Belize, to make, sell, import or 
otherwise distribute, for commercial purposes, any article 
bearing or embodying the design. 
(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 shaH 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. 
Il. (1) The registration of an industrial design shaH 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 shaH, 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 written dec1aration 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. 
13. (1) Subject to the provisions of section 5(6), the 
representations, specimens and drawings of a registered 
design, including aIl documents lodged in relation thereto 
shaH, upon payment of the prescribed fee, be open to 
inspection by any pers on on and after the day OP 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 su ch 
representations, drawings or documents by mechanical 
means. 
(4) Wh en an application for the registrationof a 
design has been abandoned or refuscd, the representations, 
drawings or other documents shall not, at any time, be open 
to inspection but shall, after 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 grQunds: 
(a) that the design is not new; 
(h) that the applicant for registration is not the 
owner or his successor in title; IP/N/IIBLZIDIl 
Page Il 
Inspection of 
registered 
design. 
Invalidation of 
registration of 
registered 
design. IPINIl/BLZ/DIl 
Page 12 
Changes in 
ownership. 
Licence 
Con tracts. (c) thatthe application was made with the intention 
of defrauding the owner; or 
(d) anyother ground on which the Registrar could 
have refused to register the design. 
(2) An application for the invalidation of a design 
shaH 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, shaH be regarded as null and void 
from the date of the registration. 
(4) The Registrar of the Supreme Court shall notify 
the RegistraI' 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. 
15. (1) Any change in the ownership of a registered 
design, or in the ownership of the application therefor, 
shaH 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 RegistraI'. 
(2) A change under subsection (1) shaH have no 
effect against third parties until it has been recorded. 
16. (1) Subject to this section, the owner of a registered 
design on an application therefore may grant licenses in 
respect of the design. 
(2) A copy of each license contract relating to a 
registered design or an application therefor shaH be 
submitted to the RegistraI' 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. IPINIIIBLZ/DI1 
Page 13 
17. The Registrar sha1l perform the functions and Registrar. 
exercise the powers conferred on him by this Act and any 
other enactment, including the Patents Act, 1999. 
18. (l) The Registrar shall maintain a'Register in which Reglster. 
he shall record all matters required by this Act or the 
Regulations ta 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 su ch 
thing. 
(4) A certificate purportîng to be signed by the 
Registrar and certifying that any entry which he is authorized 
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 shaH 
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 un der subsection 
(2); and 
(h) 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, IPINI 1 IBLZIDII 
Page 14 
Correction of 
errors. 
Extension of 
time. 
Exercise of 
discretionary 
powcrs. 
Agents. which purports ta be a certified copy or a certified extract, 
shall be admitted in evidence without production of the 
original, and su ch evidence shal1 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. 
19. (l) 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 the Register. 
(2) Subsection CI) shall not be construed as giving 
the Registrar any power ta correct the Register, any 
application or document in a material way. 
20. (l) Where the RegistraI' is satisfied that the 
circumstances justify it, he may, upon the written request 
of any interested person, extend the time for doing any 
act 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. 
21. The RegistraI' shall, before exercising any 
discretionary power vested in him by this Act or the 
Regulations made thereunder, give any party ta a proceeding 
before him the opportunity of being heard if his decision 
might adversely affect that party. 
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. 23. (1) The Court shaH 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. 
(2) Any'person who has been aggrieved by adecision 
of the Registrar under this Act may, within two months 
of that decision, appeal to the Court. 
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 pers on 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; 
(h) 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 account of the profits derived 
by him from the infringement. 
(4) In any proceedings under this section, the Court 
shan have jurisdiction to order the invalidation of the IPINIlIBLZ/DIl 
Page 15 
Jurlsdlction of 
Court. 
l'ro<:eeding for 
infringcmcnt. IPINIIIBLZ/DIl 
Page 16 
Other offences. registration of a design on any of the grounds specified 
in section 14, and any such grounds may be relied upçm 
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 specifie relief and the 
owner has refused or failed to do so, may also bring an 
action under this section, and the Court sha1l grant him 
any relief specified in subsection (2) above. 
25. (1) Any person who, knowing the same to be faIse-
(a) makes or causes to be made a faIse entry in 
the Register; 
(h) makes or causes to be made any document 
faIsely 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 1iable to a fine of five thousand 
dollars and to imprisonment for ten years. 
(2) Any pers on who-
(a) for the purpose of deceiving the Registrar or 
any other officer in the execution of his duties 
under this Act;' or 
(h) for the purpose of procuring or influencing 
the doingor omission of any act under this 
.Act; makes a false statement or representation knowing the. 
same to be faIse, commits an offence and is liable to a fine 
of five thousand dollars and imprisonment for five years. 
26. The provisions of any international treaty in respect 
of industrial property to which Belize is party shall apply 
to this act and matters dealt with herein, and where there 
Ïs any conflict, the provisions of the treaty shaH prevail. 
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. 
28. The Minister may make Regulations providing for 
any matter which is to be prescribed under this Act, or 
for giving effect to thepurpose of this Act. 
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. 
(2) Without prejudice to the provisions of section 
28 of the Interpretation Act, the repeals effected by 
subsection (1) above include the repcai of any subsidiary 
legislation made under the repealed Acts, in so far as such 
subsidiary legislation has effect aspari of the law of Belize. 
30. (1) Nothing in this Act shall affect the operation 
of any rule of equity relating to breaches of trust or 
confidence. 
(2) Nothing in this Act affects the right ofthe State, 
or any pers on deriving title from the State, to sell, use or 
otherwise deal with articles forfeited under the Customs IP /NI lIBLZlD1l 
Page 17 
Application of 
Trcaties. 
Registrar's 
annual report. 
Regulations. 
Repeals. 
CAP. 22. 
CAP.!. 
Savlngs. 
Regulation Act, including any article so forfeited by virtue CAP. 39. 
of this Act or an enactment repealed by this Act or repealing 
this Act. IPINIl/BLZ/D/l 
Page 18 
Transitional. 
CommencemenL this Act. 
31. (1) Notwithstanding the repeal of the Acts referred 
to in section 29 above, designs registered thereunder shall 
remain in force but shaIl, subject to subsection (2), be 
deemed to have been registered under this Act. 
(2) lndustrial ~esigns registered under the repealed 
Acts shall remain in force for the unexpired portion of the 
period of protection provided for under those Acts but may 
only be renewed in accordance with the provisions of this 
Act. 
(3) A pers on 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 this Act, 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. 
32. (1) This Act shall come into force on a day to be 
appointed by the Minister by Orderpublished 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.