Industrial Designs Law in Bermuda (BOT)
Here’s an overview of Industrial Designs Law in Bermuda (British Overseas Territory):
🇧🇲 Industrial Designs Law in Bermuda
1. Legal Framework
Bermuda, as a British Overseas Territory, follows local legislation influenced by UK laws and international treaties.
Industrial designs are primarily governed by the Registered Designs Act 1951 (and subsequent amendments).
Intellectual property matters are administered by the Registrar of Intellectual Property under the Bermuda Intellectual Property Office.
2. Definition of Industrial Design
Industrial designs protect the appearance, shape, configuration, pattern, or ornamentation applied to an article.
Protection covers the visual aspects that give a product its unique look.
3. Registration Process
Industrial designs must be registered with the Bermuda Intellectual Property Office.
Applications require submitting representations of the design (drawings, photographs).
The design must be new and original.
The Registrar examines the application for formal requirements.
Registered designs are published and open to opposition within a set period.
4. Duration and Renewal
Initial registration protects the design for 5 years from the date of filing.
Protection can be renewed for up to two further consecutive periods of 5 years each.
Total protection duration is up to 15 years.
5. Rights Conferred
The registered owner has the exclusive right to prevent unauthorized making, selling, or importing of products bearing the design.
The owner can license or assign the design rights.
6. Grounds for Refusal
Designs lacking novelty or originality.
Designs determined solely by technical function are not protectable.
Designs contrary to public policy or morality.
7. International Treaties
Bermuda benefits from the UK’s participation in international IP treaties such as:
Paris Convention
Hague Agreement (for international design registration)
Madrid Protocol (for trademarks)
However, direct accession by Bermuda may be limited; international filings typically route through the UK.
Additional Notes:
Industrial design protection in Bermuda is territorial and separate from other jurisdictions.
Online filing options may be limited; usually, applications require local legal or IP agent assistance.
Foreign applicants often file through the Hague System designating the UK, which may extend protection to Bermuda.
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