GIBRALTAR Law and Practice Contributed by: Emma Lejeune, Stuart Dalmedo, Nicholas Isola, James Castle and Louise Anne Turnock, ISOLAS LLP
prescribed (Section 4 of the Trade Marks Act 1948); • where the trade mark to be registered is a device, two prints of the trade mark; and • the applicable filing fee of GBP30 (the Trade Marks Rules 1948). Once all the relevant documents have been sub - mitted to the Gibraltar Registry, the Registrar will then enter the prescribed particulars in the reg - ister and shall issue a certificate of registration to the applicant, who shall then be the regis - tered proprietor in Gibraltar of the trade mark in respect of the goods entered in the register. The registration of the trade mark is renewable every ten years and valid in Gibraltar as long as it is valid in the UK or the EU. 7.3 Industrial Design Industrial design is an intellectual property right that legally protects the visual design of objects or part of an object in the territories it is regis - tered in, and constitutes the ornamental aspect of an object. In Gibraltar, there are two forms of industrial design: registered and unregistered. Designs registered in the UK are automatically protected in Gibraltar by virtue of Section 2 of the Gibraltar Designs Act 1928. UK-registered design right applications are made and obtained through the UK Intellectual Property Office. A design is legally defined as being the appear - ance of the whole or part of an object resulting from the features, shape, colours or materials of the object or ornamentation. Both 3D and 2D designs are protected by registered designs. The design must not have been publicly disclosed or published within the EEA prior to being reg - istered. There is, however, a 12-month grace
period following the disclosure which allows the designer to make its application. An unregistered design right in the UK arises automatically on the creation of an original object and where it has been recorded in an article or design document, subject to the provisions of Part 3 of the UK Copyright, Designs and Patents Act 1988. Designs registered in the UK have their rights extended and protected in Gibraltar, and there is no need for any applications to be made in Gibraltar. Designs produced in Gibraltar enjoy reciprocal protection in the UK under Part 3 of the UK Copyright, Designs and Patents Act 1988. A registered design can be renewed every five years up to 25 years, subject to the payment of fees. The length of protection afforded to an unregistered design according to Section 216 of the UK Copyright, Designs and Patents Act 1988 will be 15 years from the earlier of the end of the calendar year in which the design was first recorded in a design document or an article was first made to the design; or if articles made to the design are made available for sale or hire within five years from the end of that calendar year, ten years from the end of the calendar year in which that first occurred. Owners of both registered and unregistered designs are able to enforce action through the UK or Gibraltar courts. For unregistered designs, remedies can include injunctive relief, damages or accounting for profit made. For registered designs, remedies can include injunctive relief, damages, accounting for profit made, delivery or destruction of the infringed product.
310 CHAMBERS.COM
Powered by FlippingBook