CHAPTER 312  
INDUSTRIAL DESIGNS ACT  
• Act • Subsidiary Legisl ation • 
ACT  
Act No. 20 of 2005  
ARRANGEMENT OF SECTI ONS  
1. Short title and commencement.  
2. Interpretation.  
3. Definition of industrial design.  
4. Registrable industrial designs.  
5. Right to r egistration and naming of creator.  
6. Application and right of priority.  
7. Examination.  
8. Registration and publication.  
9. Rights conferred by registration.  
10. Duration and renewal of registration.  
11. Surrender of registration.  
12. Invalidation of registration.  
13. Changes in ownership.  
14. Licence contracts.  
15. Register and publication.  
16. Correction of errors.  
17. Extension of time.  
18. Exercise of discretionary powers.  
19. Representation.  
20. Competence of Court.  
21. Infringement an d offences.  
22. Regulations.  
23. Repeals.  
24. Transitional provisions.  
 
CHAPTER 312  
INDUSTRIAL DESIGNS ACT  
An Act to provide for the registration and protection of industrial designs, and for 
related matters.  
Be it enacted by the Queen’s Most Excellent  Majesty, by and with the advice and 
consent of the House of Assembly of Saint Vincent and the Gren adines and by the 
authority of the same, as follows.  
[Act No. 20 of 2005.]  
[Date of commencement: 4 th August , 2008.]  
1.   Short title and commencement  
(1)  This Act may be cited as the Industrial Designs Act, 2005.  (2)  This Act shall come into force on a date to be fixed by the Governor -General by 
Proclamation published in the Gazette . 
2.   Interpretation  
In this Act — 
“attorney -at-law”  means a person duly adm itted and entitled to practise law in 
Saint Vi ncent and the Grenadines;  
“Court”  means the High Court;  
“International Classification”  means the classification according to the Locarno 
Agreement of October 8, 1968, establishing an International Classificatio n for 
Industrial D esigns;  
“Minister”  means the Minister responsible for intellectual property;  
“Paris Convention”  means the Paris Convention for the Protection of I ndustrial 
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 Industrial Designs;  
“Registrar”  means the Registrar of the Commerce and Intellectual Pro perty Office 
and any refe rence to the Registrar shall be construed as including a re ference to any 
officer discharging the functions of the Registrar.  
3.   Definition of industrial design  
(1)  For the purposes of this Act, a composition of lines or colours, a three -
dimensional for m or a material, whether or not associated with lines or colours, is deemed 
to be an industrial design where such composition, form or material gives a special 
appearance to a product of industry or handicraft, can serve as a pattern for a product of 
indus try or handicraft and appeals to and is judged by the eye.  
(2)  The protection under this Act does not apply to anything in an industrial design 
which serves solely to obtain a technical result and to the extent that it leaves no freedom 
as regards arbitra ry features of appearance.  
4.   Registrable industrial designs  
(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 an ywhere in 
the world by publication in tangible form or by us e or in any other way, prior to the filing 
date or, where applicable, the priority date of the application for registration.  
(3)  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 
applic able, the priority date of the application; and  
 (b) was by reason or in consequence of acts committed by the applicant or his 
predecessor in title or of an abuse committed by a third party with regard to 
the a pplicant or his predecessor in title.  
(4)  An industrial design that is contrary to public order or morality is not registrable.  
5.   Right to registration and naming of creator  
(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)  If and to the extent to which two or more p ersons 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 prio rity date, shall have the right 
to register the industrial de sign, as long as the said application is not withdrawn, 
abandoned or rejected.  
(4)  The right to an industrial design may be assigned or may be transferred by 
succession.  
(5)  Where an industrial design is created in execution of an employment contract, th e 
right to registration of the industrial design shall belong, in the a bsence of contractual 
provisions to the contrary, to the employer.  
(6)  The creator shall be named as the creator in the registration of the indu strial 
design unless he indicates to the  Registrar in a written declaration signed by him and 
addressed to the Registrar that he wishes not to be so named.  
(7)  A promise or undertaking by the creator made to a person to the effect that he will 
make a declaration referred to in subsection (6) sh all be without legal effect.  
6.   Application and right of priority  
(1)  An application for the registration of an industrial design shall be filed with the 
Registrar and shall contain a request, drawings, photographs or other adequate graphic 
representati ons of the article embodying the industrial design and an indication of the 
kind of product for which the industrial design is to be used.  
(2)  The application may be accompanied by a specimen of the article e mbodying the 
industrial design where the indust rial design is two -dimensional.  
(3)  Where the applicant is not the creator, the request shall be accompanied by a 
statement justifying the applicant’s right to registration of the industrial d esign.  
(4)  The application may contain a declaration claiming priority, as provided for in the 
Paris Convention, of one or more earlier national or regional applic ations or international 
deposits filed by the applicant or his predecessor in title in or for any State party to that 
Convention.  
(5)  Where the applicatio n contains a declaration referred to in subsection (4), the 
Registrar may require that the applicant furnish, within the prescribed time limit, a copy 
of the earlier application or international deposit, 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 
Conve ntion. 
(6)  Where the Registrar finds that the requirements under this section and the 
Regulations pertaining to a declaration are not fulfilled, the declaration shall be  
considered not to have been made.  
(7)  Two or more industrial designs may be the subject of the same application if they 
relate to the same class of the International Classification or to the same set or 
compos ition of articles.  
(8)  An application, at th e time of filing, may contain a request that the publ ication of 
the industrial design, upon registration, be deferred for a period not e xceeding twelve 
months from the date of filing, or if priority is claimed, from the date of priority, of the 
applic ation. 
(9)  The applicant may withdraw the application at any time before it is regi stered.  
(10)  The application shall be subject to the payment of the prescribed appl ication fee.  7.   Examination  
(1)  The Registrar shall accord as the filing date the date of receipt of the a pplication 
provided that at the time of receipt, the application contains indications allowing the 
identity of the applicant to be established and the required graphic representations of the 
article embodying the industrial design.  
(2)  Whe re the Registrar finds that the application did not at the time of r eceipt fulfil 
the requirements referred to in subsection (1), he shall invite the a pplicant to file the 
required correction and shall accord as the filing date the date of receipt of the r equired 
correction, but if no correction is made the application shall be treated as if it had not 
been filed.  
(3)  After according a filing date, the Registrar shall examine the application for 
compliance with the requirements of section 6 and ascertain t hat the pr escribed fee has 
been paid.  
(4)  The Registrar shall examine whether the industrial design complies with the 
provisions of sections 3 and 4(4).  
8.   Registration and publication  
(1)  Where the Registrar is satisfied that the application complies with the 
requirements of sections 3 and 4(4), he shall register the industrial design, publish a 
reference to the registration and issue to the applicant a certificate of registration of the 
industrial d esign.  
(2)  Where a request for deferment of publicat ion has been made under se ction 6(8), 
no representation of the design or any file relating to the application shall be open to the 
public for inspection and the Registrar shall publish a notice of deferment which shall 
contain information identifying the r egistered owner, the filing date of the application, the 
length of time for which deferment has been requested and any other particulars as may 
be prescribed.  
(3)  During the period of deferment of publication, legal proceedings on the basis of a 
registere d industrial design may not be instituted unless the information contained in the 
Register and in the file relating to the application has been co mmunicated to the person 
against whom the action is brought.  
(4)  At the expiry of the period of deferment, th e Registrar shall publish the registered 
industrial design.  
9.   Rights conferred by registration  
(1)  The exploitation of a registered industrial design in Saint Vincent and the 
Grenadines by persons other than the registered owner shall require the agree ment of the 
registered owner.  
(2)  For the purposes of this Act, “exploitation”  of a registered industrial d esign 
means the making, selling, importing or otherwise distributing, for comme rcial purposes, 
articles bearing or embodying a design which is a cop y, or su bstantially a copy, of the 
industrial design.  
(3)  The rights conferred by registration shall not extend to acts in respect of articles 
which have been put on the market in Saint Vincent and the Grenadines by the registered 
owner or with his consen t. 
(4)  The owner of a registered industrial design shall, in addition to any other rights, 
remedies or actions available to him, have the right to institute court pr oceedings against 
any person who infringes the registration of the industrial design by pe rforming, without 
his agreement, any of the acts referred to in subsection (2) or who performs acts which 
make it likely that infringement will occur.  10.   Duration and renewal of registration  
(1)  The registration of an industrial design shall be for a p eriod of five years from the 
filing date of the application for registration.  
(2)  The registration may be renewed for one further consecutive period of five years 
through the payment of the prescribed fee.  
(3)  A grace period of six months shall be allowe d for the late payment of the renewal 
fee on payment of the prescribed surcharge.  
11.   Surrender of registration  
(1)  The owner of a registered industrial design may surrender it by written declaration 
to the Registrar who shall record the surrender in th e Register and publish it.  
(2)  The surrender shall have effect from the date on which it is recorded.  
12.   Invalidation of registration  
(1)  An interested person may apply to the Court for the invalidation of the registr ation 
of an industrial design.  
(2)  The Court shall invalidate the registration of an industrial design if the person 
requesting the invalidation proves that any of the requirements of sections 3 and 4 are not 
fulfilled or if the registered owner of the industrial design is not the creator  or successor 
in title.  
(3)  An invalidated registration of an industrial design, or part thereof, shall be 
regarded as void from the date of the registration.  
(4)  The decision of the Court or the decision on an appeal therefrom shall be notified 
to the R egistrar who shall record it and publish a reference to it as soon as possible 
thereafter.  
13.   Changes in ownership  
(1)  A change in the ownership of the registration of an industrial design, or in the 
ownership of an application for registration of an i ndustrial design, shall be in writing and 
shall, upon the request of an interested party made to the Registrar, be recorded and, 
except in the case of an application for registration of an industrial design, published by 
the Regi strar. 
(2)  A change under subsection (1) shall be of no effect against third parties until it has 
been recorded.  
14.   Licence contracts  
(1)  Subject to this section, the owner of a registered industrial design or an application 
for registration of an industrial design may grant li cences in respect of the design.  
(2)  A copy of each licence contract concerning a registered industrial design, or an 
application for registration of an industrial design, shall be submitted to the Registrar who 
shall keep its contents confidential but sh all record it and publish a reference thereto.  
(3)  A licence contract shall have no effect against third parties until it is r ecorded in 
accordance with subsection (2).  
15.   Register and publication  
(1)  The Registrar shall maintain a Register in which h e shall record all matters 
required by this Act to be recorded.  (2)  The Register may be consulted by any person and any person may obtain extracts 
therefrom under the prescribed conditions.  
(3)  The Registrar shall publish in the prescribed manner all the  publications provided 
for in this Act.  
16.   Correction of errors  
The Registrar may, subject to any provision in the Regulations, correct any e rror of 
translation or transcription, clerical error or mistake in any application or document filed 
with the Re gistrar or in any matter recorded pursuant to this Act.  
17.   Extension of time  
(1)  Where the Registrar is satisfied that the circumstances justify it, he may, upon 
receiving a written request, extend the time for doing any act or taking any pr oceeding 
under this Act, upon notice to the parties concerned and upon such terms as he may 
direct. 
(2)  The extension may be granted though the time for doing the act or taking the 
proceeding has expired.  
18.   Exercise of discretionary powers  
The Registrar shall, b efore exercising any discretionary power vested in him by this 
Act adversely to any party to a proceeding before him, give that party an opportunity to 
be heard.  
19.   Representation  
Where an applicant’s ordinary residence or principal place of business is  outside Saint 
Vincent and the Grenadines, he shall be represented by an attorney -at-law. 
20.   Competence of Court  
(1)  The Court shall have jurisdiction in cases of dispute relating to the appl ication of 
this Act and in matters which under this Act are t o be referred to the Court.  
(2)  Any decision taken by the Registrar under this Act, in particular the dec ision to 
register an industrial design or to refuse an application for such a registr ation, may be the 
subject of an appeal by any interested party to  the Court and such appeal shall be filed 
within two months of the date of the Registrar’s dec ision.  
21.   Infringement and offences  
(1)  Subject to section 9(3), an infringement of the rights of an owner of a registered 
industrial design shall consist of the performance in Saint Vincent and the Grenadines of 
any act referred to in section 9(2) by a person other than the owner of the registered 
industrial design and without the agreement of the owner of the registered industrial 
design.  
(2)  On the request of the owner of the registered industrial design, or of a l icensee if 
the licensee 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 grant an injunction to prevent 
infringement or an imminent infringement, award damages or grant any other remedy 
provided for in the general law.  
(3)  A person who intentionally performs an act which constitutes an i nfringement as 
defined in subsection (1) commits an offence and is liable on  summary conviction to a fine not exceeding five thousand dollars or to impri sonment for a term not exceeding four 
years.  
22.   Regulations  
The Minister may make Regulations prescribing all matters that are required or 
permitted by this Act to be prescribe d, or are necessary or convenient to be prescribed for 
giving effect to the provisions of this Act.  
23.   Repeals  
The United Kingdom Designs (Protection) Act (hereinafter referred to as “the former 
Act”) is hereby repealed.  
[Chapter 116 of the Revised Laws  1990 Edition.]  
24.   Transitional provisions  
(1)  Notwithstanding the repeal of the former Act, industrial designs protected 
thereunder shall remain in force but shall, subject to subsection (2), be deemed to be 
protected under this Act.  
(2)  Industrial d esigns protected under the former Act shall remain in force for the 
unexpired portion of the period of protection provided for under the former Act.  
 
CHAPTER 312  
INDUSTRIAL DESIGNS ACT  
SUBSIDIARY LEGISLATION  
 
List of Subsidiary Legislation  
1. Industrial De signs Regulations  
 
Industrial Designs Regul ations  
SRO 13 of 2009  
ARRANGEMENT OF REGUL ATIONS  
1. Citation.  
2. Interpretation.  
3. Fees.  
4. Currency.  
5. Excess fee.  
6. Fee refund.  
7. Refund of a dvance fee.  
8. Cheques.  
9. Form required.  
10. Replacin g documents.  
11. Paper requir ements.  12. Page requir ements.  
13. Language of documents.  
14. Graphics r equirements.  
15. Folds, breaks.  
16. Photographs.  
17. Specimens.  
18. Communicating with Registrar.  
19. Mode of co mmunication.  
20. Communication fr om Registrar.  
21. Multiple appl icants.  
22. Limited corr espondents.  
23. Address and presumption.  
24. Address for service.  
25. Filing time.  
26. Replacement of correspondence.  
27. Interruptions of mail.  
28. Fixing time limits.  
29. Changing time limit s. 
30. Withdrawal of joint applic ation. 
31. Surrender of joint designs.  
32. Change of d esigners’ names.  
33. Creators not applying.  
34. Correcting e rrors. 
35. Providing for deficiencies.  
36. Registrar’s ce rtificates.  
37. Inquiries of Office.  
First Schedule  Fees 
Second Schedule  Forms  
 
INDUSTRIAL DESIGNS REGULATIONS  
In exercise of the powers conferred by section 22 of the Industrial Designs Act, No. 
20 of 2005, the Minister makes the following Regulations.  
[SRO 13 of 2009.]  
[Date of commencement: 8 th July , 2009.]  
1.   Citation  
These Regulations may be cited as the Industrial Designs Regulations, 2009.  
2.   Interpretation  
In these Regulations — 
“applicant”  means a person for whom an application is made;  
“application”  means an application for the regist ration of an industrial d esign;  
“office”  means the Commerce and Intellectual Property Office;  
“principal Act”  means the Industrial Designs Act.  
[Chapter 312.]  
3.   Fees  The fees that are to be paid under the principal Act and these Regulations are spec ified 
in the First Schedule.  
4.   Currency  
Payments shall be made in Eastern Caribbean currency.  
5.   Excess fee  
When a fee that is paid by a person to the Registrar for any purpose exceeds the fee 
fixed by these Regulations for that purpose by more than ten d ollars, the person who paid 
the fee is entitled to be refunded the amount of excess less ten dollars.  
6.   Fee refund  
When a fee is paid to the Registrar by any person by mistake for an applic ation that is 
withdrawn before it is given an application number , or for a service that cannot be 
provided, the person who paid the fee is entitled to a refund of the fee less twenty -five 
dollars, if he claims the refund within one year of the payment of the fee.  
7.   Refund of advance fee  
When a person pays a fee in a dvance for registration, he is entitled to a refund of the 
fee, less fifteen dollars, if the application is withdrawn.  
8.   Cheques  
A payment of a fee by cheque may be accepted by the Registrar as being a payment of 
the fee when the cheque is received by h im, but if the cheque is not paid when presented 
to the bank on which it is drawn and not made good within such time as the Registrar 
may fix, the acceptance of the fee is revoked and any thing done pursuant to the payment 
is void and, if appropriate, shal l be so r ecorded in the Register.  
9.   Form required  
(1)  In submitting a document to the Registrar for any purpose, the person submitting 
the document shall use the form set out in the Second Schedule that is appropriate for the 
purpose, but the form may be modified in such manner as is necessary in the circu mstances.  
[Second Schedule.]  
(2)  In submitting a document to the Registrar, one copy only of the document need be 
submitted.  
10.   Replacing documents  
If a document that is submitted to the Registrar differs significantly from the form in 
the Second Schedule intended to be used for the purpose of the submi ssion, the Registrar 
may require that the document be replaced, within a time fixed by the Registrar, by one 
that conforms to the document required b y the  Second Schedule to be used for the pu rpose.  
11.   Paper requirements  
(1)  All applications, notices, statements, papers having representations a ffixed, or 
other documents authorised or required by the principal Act or these Regulations to be 
made, le ft or sent to the Registrar shall be on strong, durable white paper and, except in 
the case of statutory documents and affidavits, shall be written on one side of the paper 
only.  (2)  Each sheet that is not a graphic representation shall have its short sid es at the top 
and bottom.  
(3)  Each sheet shall be of the same size and on A -4 paper or such other size as the 
Registrar may permit.  
12.   Page requirements  
(1)  The pages of documents, other than graphic representations shall be numbered 
consecutively, pr eferably at the top of the page.  
(2)  Page margins shall be not less than two centimetres.  
(3)  Except for graphic representations, pages shall be typed or printed, preferably 
with one and a half spacing or double spacing.  
13.   Language of documents  
(1)  An application shall be in English.  
(2)  The Registrar may refuse to take cognisance of any document that is not in 
English until he is provided with a translation verified by affidavit.  
14.   Graphics requirements  
The graphic representations in an applica tion shall meet the following requirements — 
 (a) the representations are to be on white paper or other material suitable for 
reproduction;  
 (b) the sheets of representations are to be the same size as those used in the 
application;  
 (c) the representations  are to be prepared in durable dark lines suitable for 
reproduction;  
 (d) the representations are to appear on only one side of a sheet;  
 (e) the representations are to be on a scale sufficiently large to show the fe atures 
of the design clearly;  
 (f) figur es in a representation are to be numbered consecutively without regard 
to the number of sheets in the representation and so far as possible the 
figures are to be arranged in numerical order; and  
 (g) figures in a representation can be continued on subseque nt sheets if 
necessary or se veral figures can appear on the same page.  
15.   Folds, breaks  
Graphic representations in an application shall be free of such folds, breaks or creases 
as render them unsuitable for reproduction.  
16.   Photographs  
Photographs of  an article taken against a neutral background may be used in an 
application instead of graphic representations if the photographs clearly illustrate the 
design and can be readily reproduced.  
17.   Specimens  
(1)  A specimen shall not exceed one kilogram in  weight or thirty centimetres in any 
dimension.  (2)  The Registrar may require that a graphic representation or a photograph be 
provided instead of a specimen when the size and weight of the specimen makes it 
difficult to process and store it.  
(3)  Specime ns that are perishable or made of dangerous material shall not be 
submi tted to the Registrar.  
18.   Communicating with Registrar  
Applications, correspondence related thereto, and all communications intended for the 
Registrar shall be mailed to or deposited  at the Commerce and Intellectual Property 
Office, Saint Vincent and the Grenadines.  
19.   Mode of communication  
(1)  Applications shall be proceeded with, and other communication with the Registrar 
effected by written correspondence; and, unless the Regis trar for good reason decides 
otherwise, no regard need be given to any other mode of communication with the Regi strar. 
(2)  When communicating with the Registrar about an application or registered d esign, 
the correspondent shall identify the application or  registration clearly, giving such 
information as the date of filing, kind of product, name of applicant and registration 
number.  
20.   Communication from Registrar  
All correspondence from the Registrar to an applicant shall be sent — 
 (a) to the agent of t he applicant if an agent resident in Saint Vincent and the 
Gren adines has been appointed;  
 (b) if no agent has been appointed in Saint Vincent and the Grenadines, to the 
address for service of the applicant in Saint Vincent and the Grenadines; or  
 (c) to the applicant, if no agent has been appointed in Saint Vincent and the 
Grenadines to represent the applicant and the applicant has no address for 
service filed in the Office.  
21.   Multiple applicants  
When, in respect of an application, there is more than o ne applicant, correspondence 
shall be conducted — 
 (a) with the applicants’ agent in Saint Vincent and the Grenadines if an agent 
resident in Saint Vincent and the Grenadines has been named to represent all 
the a pplicants;  
 (b) with an applicant resident in  Saint Vincent and the Grenadines who has been 
nominated to represent all the applicants, if no agent resident in Saint 
Vincent and the Gren adines has been appointed;  
 (c) with the first applicant named in the application, if there is neither an agent 
resident in Saint Vincent and the Grenadines nor an applicant resident in 
Saint Vincent and the Grenadines who has been appointed to represent the 
applicants.  
22.   Limited correspondents  
The Registrar shall conduct correspondence concerning an application wit h only one 
person, but having regard to regulations 20 and 21.  23.   Address and presumption  
A person who corresponds with the Registrar shall provide his full postal address, and 
any correspondence sent by the Registrar to that person at the address so pr ovided shall 
be deemed to be sent on the date that the records of the Office show it to have been sent.  
24.   Address for service  
A licensee and a person who is shown on the Register as the owner of a design shall 
maintain an address for service in Saint V incent and the Grenadines and provide the 
Registrar with notice of that address for recording in the Register.  
25.   Filing time  
Any correspondence with the Registrar that is due on any day on which the Office is 
closed for business shall be accepted as pr operly filed if it is received on the next day that 
the Office is open for business.  
26.   Replacement of correspondence  
The Registrar may accept or send out replacing correspondence if he is satisfied that 
mail to or from the Office was sent but never rec eived and the effective date of the 
replacing correspondence is any date that the Registrar determines shall apply.  
27.   Interruptions of mail  
Where, by evidence satisfactory to the Registrar, a person proves that he was unable to 
do anything within the t ime prescribed by the principal Act or these Regulations because 
of an interruption in mail service in Saint Vincent and the Grenadines or els ewhere, the 
Registrar may, before or after the expiration of the time for doing that thing, extend the 
time to mak e allowances for the period of the interruption in mail service.  
28.   Fixing time limits  
The Registrar may, in respect of an application, fix a period of time for the doing of 
anything for which no time limit is otherwise fixed by the principal Act or the se 
Regul ations and an application shall be deemed abandoned if, in respect of that 
application, the thing is not done within the time so fixed.  
29.   Changing time limits  
When, by an affidavit setting out the relevant facts, the Registrar is satisfied that  any 
time fixed by these Regulations for the doing of any thing should be extended in a 
particular case, the Registrar may, either before or after the expiration of the time, extend 
it for such period as he thinks suitable in the circumstances of the case.  
30.   Withdrawal of joint application  
When an application that is filed by joint applicants is being proceeded with by one of 
the joint applicants, it may not be withdrawn without the written permission of all the 
other joint applicants.  
31.   Surrender o f joint designs  
A design registration that is owned by several persons may not be surrendered wit hout 
the written permission of all the owners of the design.  
32.   Change of designers’ names  When, after an application has been filed, it appears that the na mes of one or more 
creators of the design were improperly included in or omitted from the application, then, 
if the Registrar is satisfied, by an affidavit setting out all the relevant facts, that a 
corre ction should be made, the Registrar may delete or ad d, as the case requires, the 
names of those other creators.  
33.   Creators not applying  
(1)  When a design is created by several persons and one or more of them refuses to 
make an application in respect of the design, or the whereabouts of one or more of t he 
creators cannot be ascertained after a diligent inquiry, the other creators may make an 
application in respect of that design.  
(2)  If the Registrar is satisfied, by an affidavit setting out the relevant facts, that the 
creators missing from the applica tion refuse to make application or cannot be located, the 
creators making the application are entitled to register the design if all other requirements 
of the principal Act and these Regulations are complied with.  
34.   Correcting errors  
A document relatin g to an application or registration may be corrected if the Registrar 
is satisfied that the document contains an error of a clerical nature and that its correction 
would involve no change of substance to the application or registration.  
35.   Providing for  deficiencies  
Where no provision is made in the principal Act or these Regulations in respect of any 
matter arising in the administration of the principal Act, the Registrar may make such 
directions in respect thereof as he considers necessary.  
36.   Regis trar’s certificates  
(1)  The Registrar may give a certificate other than a certificate under section 8 of the 
principal Act, regarding any entry, matter or thing that he is authorised or required by the 
principal Act or these Regulations to make or do.  
(2)  A person who can show an interest in an entry, matter or thing for which a 
certif icate is required may, by an application in Form 9, request the certificate from the 
Registrar, and the applicant need not disclose his interest unless required by the Regis trar to 
do so.  
37.   Inquiries of Office  
The Registrar may acknowledge inquiries made to the Office, but the Registrar need 
not furnish any applicants or other persons with information that would require a search 
of the public records of the Office or prov ide advice on matters concerning the 
interpret ation of the principal Act or Regulations or concerning other questions of law.  
 
First Schedule  
[Regulation 3.]  
Fees  
 $ 
 1. On application for registration —  
for the first design in the application  ................................ ..............................   100.00  for each additional design  ................................ ................................ ..............   50.00  
 2. On granting registration of an industrial design —  
for the first design in the application  ................................ ..............................   100.00  
for each additional design  ................................ ................................ ..............   50.00  
 3. On application for a renewal under section 10(1) of the principal Act —  
for the first design in the application being renewed  ................................ ......  100.00  
for each additional design  ................................ ................................ ..............   20.00  
 4. On application for copies of records in the register  ................................ ..............   2.00 
 per page  
 5. On application for the recording of a licence -contract  ................................ ..........   50.00  
 6. On applic ation for copies of registrations  ................................ .............................   2.00 
 per page  
 7. On application that a transfer and assignment of application for registration be 
recorded  ................................ ................................ ................................ ................   40.00  
 8. On application that a transfer and assignment of registered design be r ecorded  40.00  
 9. On a pplication that a change of address be recorded  ................................ ............   15.00  
10. For certification of any documents  ................................ ................................ .......  40.00  
11. On application for a change in name to be recorded  ................................ .............   15.00  
12. On surrender of design  ................................ ................................ ..........................   50.00  
 
Second Schedule  
[Regulation 10.]  
Forms  
FORM 1  
INDUSTRIAL DESIGNS ACT, 2005  
Application for Registration of an Industrial Design  
I/We  ................................ ................................ ................................ ................................ ...................   
 ................................ ................................ ................................ ................................ ............................   
(give name(s)) whose full postal address(es) is/are respectively  ................................ .......................   
 ................................ ................................ ................................ ................................ ............................   
do hereby apply for the registration of an Industrial Design for  ................................ ........................   
 ................................ ................................ ................................ ................................ ............................   
(kind of product)  
REL EVANT INFORMATION  
(use only those headings that are applicable)  
ADDRESS FOR SERVICE  ................................ ................................ ................................ ...............   
AGENT  ................................ ................................ ................................ ................................ ..............   
(name and address)  
CREATOR(S) OF THE DESIGN — 
Complete only if accompanied by Form 2 — 
Name(s) and address(es)  
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
PRIORITY  Indicate date and number of e arlier application(s), the country where filed, and the name of the 
applicant(s) of the priority application(s). I/We herewith submit or will submit within ninety days 
of the date of this application a certified copy of the earlier application(s) on which priority is 
based, and which is/are listed below:  
CLASSES OF PRODUCT  
(complete only if applicable)  
 ................................ ................................ ................................ ................................ ............................   
DESCRIPTION  
(give a short description of the visual features of the designs, indicating what parts of it are orig inal) 
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
GRAPHIC REPRESENTATION  
(if supplied) A photograph, drawing or other graphic representation of the said Industrial Design 
is hereunto annexed.  
SPECIMEN  
(if supplied) A specimen of the article -containing said Industrial Design is submitted herewith.  
EXECUTION This application i s executed on  ................................ ................................ ..................   
at  ................................ ................................ ................................ ................................ ........................   
by (or on behalf of the applicant by)  
  ................................ ................................ ..... 
 Signature  
DATE SUBMITTED:  ................................ ....  
(indicate date when being sent to the Commerce and Intellectual Property Office)  
Note .—If this application is filed by an agent it must be accompanied by a po wer of attorney 
autho rising the agent to make the application.  
 
FORM 2  
INDUSTRIAL DESIGNS ACT, 2005  
Statement of Designer  
I/We  ................................ ................................ ................................ ................................ ...................   
 ................................ ................................ ................................ ................................ ............................   
(give name(s) and address(es) of the designer(s)) do hereby declare that I/We created the 
Industrial Design for  ................................ ................................ ................................ ..........................   
 ................................ ................................ ................................ ................................ ............................   
(kind of product as stated in the application for registration) filed herewith, and request that 
my/our name(s) and address(es) be entered on the Regi ster under section 8(1) of the Act.  
  ................................ ................................ ..... 
  ................................ ................................ ..... 
 Signature (s) 
 
FORM 3  
INDUSTRIAL DESIGNS ACT, 2005  
Appointment o f Agent  The undersigned hereby appoints  ................................ ................................ ................................ ......  
whose full postal address is  ................................ ................................ ................................ ...............   
 ................................ ................................ ................................ ................................ ............................   
As agent, in respect of an application for an Industrial Design entitled and empowers the 
appointed agent to sign and amend the application, to prosecute it, to receive the regis tration 
certificate, to effect renewal, and to withdraw or surrender the application or registr ation, and 
ratifies any act done by the appointee in respect of the application or subsequent registration.  
Signed at  ................................ ................................ ....................   
this  ................................ .....  day of  ..........................  , 20 ..........   
  ................................ ................................ .............   
  ................................ ................................ .............   
 Signatur e(s) 
 
FORM 4  
INDUSTRIAL DESIGNS ACT, 2005  
Registration No.:  ................................ ....... 
Date:  ................................ .........................  
Certificate Of Registration Of An Industrial Design  
The Commerce And Intellectual Property O ffice  
Saint Vincent And The Grenadines  
Whereas a request has been made to the Commerce a nd Intellectual Property Office for 
registr ation of an Industrial Design, particulars of which are attached hereto, and whereas such 
request has been found to comply with the Industrial Designs Act, 2005, now therefore be it 
known that said registration ha s taken place, granting to the owner all the ben efits of the Industrial 
Designs Act. The term of protection afforded by the registration is five years from the  ...................   
day of  ................................ . , 20 ...........................   
Property rights arising from registration are subject to the conditions contai ned in the Industrial 
Design Act, and any adjudication of the High Court affecting those rights.  
In testimony whereof this document bears the seal of the Commerce and Intellectual Property 
Office affixed to it at Kingstown.  
Sealed this  ................................ ......  day of  ................................ ....  in the year  ................   
  ................................ ................................ ..... 
 Registrar  
 Commerce and Intellectual Property Office  
 
FORM 5  
INDUSTRIAL DESIGNS ACT, 2005  
Transfer and Assignments of Application for Registration  
I/We  ................................ ................................ ................................ ................................ ...................   
(name (s) and address (es)) 
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   the owner(s) of an application for registration of a design for  ................................ ...........................   
filed on  ................................ .........................   do hereby transfer all my (our) rights in said design to  
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
(name (s) and address (es), indicate also nationalities, residences and any necessary address for 
service) 
Signed at  ................................ ................................ ................................  
on this  .....................   day of  .........................   in the year  .....................  
by  ................................ ................................ ................................ ...........  
(Signatu re of owner, agent or legal representative ) 
and at  ................................ ................................ ................................ ..... 
on this  .....................   day of  .........................   in the year  .....................  
by  ................................ ................................ ................................ ...........  
(Signature of new owner or his agent or legal representative ) 
The prescribed fee of $  ................................ ..........   for recording this transfer is submitted herewith  
Name and address of n ew owner’s representative for service  ................................ ...........................   
 ................................ ................................ ................................ ................................ ............................   
Note .—This form may be modified to make a partial transfer by specifying what is tran sferred.  
 
FORM 6  
INDUSTRIAL DESIGNS ACT, 2005  
Transfer and Assignments of a registered Design  
I/We  ................................ ................................ ................................ ................................ ...................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
(name (s) and addre ss(es)) 
the registered owner(s) of Industrial Design No.  ................................ ......................   for a design for  
 ................................ ........................   registered on  ................................ ................................ ............   
do hereby transfer all my (our) rights in said design to  ................................ ................................ ......  
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
(name (s) and address (es) indicate also nationalities, residences and any necessary address for  
service) 
Signed at  ................................ ................................ ................................ ...........   
(place ) 
on this  ................................   day of  ..........................  in the year  ....................  . 
by  ................................ ................................ ................................ ......................   
(Signature of owner, agent or legal representative ) 
and at  ................................ ................................ ................................ ................   
on this  ................................   day of  ..........................  in the year  .....................   
by  ................................ ................................ ................................ ......................   
(Signature of new owner or his agent or legal representative ) 
The prescribed f ee of $  .............   for recording this transfer is submitted herewith, and we  
request that the transfer be registered.  
Name and address of new owner’s agent  ................................ ................................ ...........................   
 ................................ ................................ ................................ ................................ ............................    ................................ ................................ ................................ ................................ ............................   
(Name and address of new owner’s representative for service ) 
Note .—This form may be modified to make a partial transfer by specifying what is tran sferred.  
 
FORM 7  
INDUSTRIAL DESIGNS ACT, 2005  
Change of Name  
I/We  ................................ ................................ ................................ ................................ ...................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
(name (s) and address (es)) 
the owner(s) of the application for registration of an industrial design or the registered design 
identified below wish to have recorded a change in name to  ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
(name (s) and address (es)) 
The prescribed fee of $  ............................   for registering the change of name is submitted herewith  
Registration No.  ................................ ......................   
Date registered  ................................ ................................ .......................  
Date application filed  ................................ ................................ .............  
Title of design  ................................ ................................ ........................  
Signed at  ................................ ................................ ................................  
on this  .....................   day of  .........................   in the year  .....................  
by  ................................ ................................ ................................ ...........  
(Owner or Agent ) 
 
FORM 8  
INDUSTRIAL DESIGNS ACT, 2005  
Renewal of Registration of an Industrial Design  
(UNDER SECTION 10 (1) OF THE ACT ) 
I/We  ................................ ................................ ................................ ................................ ...................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
(name (s) and address (es)) 
the registered owner(s) of the Industrial Design No.  ..........................  hereby forward the prescribed  
fee for the renewal of the said Design in accordance with se ction 10(1) or (3) of the Act.  
Note. —This form must be submitted in duplicate.  
 
FORM 9  INDUSTRIAL DESIGNS ACT, 2005  
Request for Certi ficate of the Registrar in Relation to an Entry, Ma tter or Thing  
In the matter of1 the Industrial Designs Act, 2005  
I/We  ................................ ................................ ................................ ................................ ...................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
(name (s) and address (es)) 
hereby request the Registrar to furnish me (us) with2  ................................ ................................ ........   
 ................................ ................................ ................................ ................................ ............................   
Dated this  ...........................   day of  ................................ ......  20 ...........  
3  ................................ ................................ ................................ .............  
4  ................................ ................................ ................................ .............  
 ................................ ................................ ................................ ................  
To the Registrar  
Commerce and Intellectual Property Office  
Kingstown  
Notes .— 
1. These words may be altered to suit other circumstances.  
2. Here set out the particulars that the Registrar is requested to certify.  
3. Signatures.  
4. Address.