Industrial Designs Law in Saint Barthélemy (France)
Industrial Designs Law in Saint Barthélemy (France)
✅ Overview
Saint Barthélemy is an overseas collectivity of France (collectivité d'outre-mer), which means French law — including intellectual property (IP) law — applies fully unless otherwise specified.
Thus, industrial design protection in Saint Barthélemy is governed by French and EU law.
🔹 1. Governing Laws
French Intellectual Property Code (Code de la propriété intellectuelle – CPI)
EU Regulation on Community Designs (Council Regulation (EC) No 6/2002)
International treaties (via France), including:
Paris Convention
Hague Agreement (WIPO)
TRIPS Agreement
🔹 2. Protection Options
Saint Barthélemy residents and businesses can obtain design protection in three ways:
1. National Design Registration (France)
File through the INPI (French National Institute of Industrial Property).
Protection covers France and its overseas territories, including Saint Barthélemy.
2. EU Community Design
Registered Community Designs (RCDs) and Unregistered Community Designs (UCDs) apply in Saint Barthélemy as long as EU law is applicable.
However, since 2012, Saint Barthélemy is no longer an EU outermost region (it is now an overseas country and territory), so EU designs no longer automatically apply.
Instead, residents must rely on French national registrations or international routes.
3. International Design via Hague System
File through WIPO, designating France.
Protection extends to Saint Barthélemy as part of France.
🔹 3. Requirements for Protection
The design must be:
New (no identical design published before filing date),
Have individual character (not give the same overall impression as prior designs).
🔹 4. Term of Protection
| Route | Initial Term | Max Term |
|---|---|---|
| French national design | 5 years | 25 years (renewable in 5-year increments) |
| Hague (via France) | Varies | Up to 25 years (depending on renewals) |
| Community Design (if applicable) | 5 years | 25 years |
🔹 5. Enforcement
Infringement is enforced through French civil and criminal courts.
Remedies include:
Injunctions
Seizure or destruction of infringing goods
Damages and fines
✅ Summary Table
| Feature | Saint Barthélemy (France) |
|---|---|
| Governing Law | French IP Code, international treaties |
| EU Community Design Valid? | ❌ Not automatically since 2012 (Saint Barth became OCT) |
| National Design Registration | ✅ Through INPI (covers all French territories) |
| Hague System | ✅ Yes, via France |
| Protection Term | Up to 25 years (5-year renewals) |
| Enforcement | French legal system (tribunaux judiciaires) |
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