“Intellectual Property” is defined in Article 2 of the Convention establishing the World Intellectual Property Organization as including rights relating to literary, artistic and scientific works, performances of performing artists, phonograms, and broadcasts, inventions in all fields of human endeavour, scientific discoveries, industrial designs, trademarks, service marks, and commercial names and designations, protection against unfair competition, and all other rights resulting from intellectual activities in the industrial, scientific, literary or artistic fields.

In 2000, Belize became signatory to the International Convention for the Protection of Industrial Property (Paris Convention). Belize is also a party to the World Trade Organization Treaty (including the Agreement on Trade-related Intellectual Property Rights); the Convention Establishing the World Intellectual Property Organization; the International Convention for the Protection of New Varieties of Plants and the Patent Cooperation Treaty.

TRADE MARKS

A trade mark is a sign which is capable of distinguishing the goods or services of one undertaking from those of other undertakings and which is also capable of being represented graphically. The sign may consist of words, designs, letters, numerals or the shape of goods or their packaging.

Registration and enforcement of trade marks are governed by the Trade Marks Act 2000 and the Trade Marks Rules 2002. An application for registration of a trade mark must contain a request for registration of the trade mark, the name and address of the applicant, a statement of the goods or services in relation to which it is sought to register the trade mark, and a representation of the trade mark. The applicant must be using the trade mark or have a bona fide intention to use same.

Goods and services are classified in accordance with the 8 th Edition of the Intellectual Classification of Goods and Services for the purposes of the registration of trade marks under the Nice Agreement.

An applicant can claim priority from an earlier application filed in a country which is a party to the Paris Convention. The priority claim must be made within six months of the earlier application and the date of filing of such application for purposes of the Belize registration shall be the date of the first Paris Convention application.

The term of protection of a trade mark is ten years from the date of registration and may be extended for further periods of ten years. A trade mark renewal shall take effect from the expiry of the previous registration. Failure to apply for renewal with six months from the expiration of registration result in removal from the register of trade marks. However, you may restore the registration by a new application for registration and it will be restored to the Register.

The prescribed time for submitting a notice of opposition is twelve weeks from the date of first publication of notice of application. The date of registration of a trade mark is the date of filing of the application for registration.

An infringement of a registered trade mark is actionable by the proprietor of the trade mark by statute and at common law by way of passing off, and all such relief by way of damages, injunctions, accounts and otherwise is available.

Procedure also exist under the Trade Marks Act restricting importation of infringing goods by having the Comptroller of Customs declare same to be prohibited and thereby forfeited.

N.B. Our fee schedule may be supplied on request.

PATENTS

A patent is the exclusive right to make, use, or sell an invention for a specified period of time. It is the title granted to protect an invention. An invention is a product or process that provides a new way of doing a particular thing, or provides a new technical solution to a problem.

Registration and protection of patents are governed by the Patents Act 2000 and the Patent Regulations, 2002 made thereunder. A patent may be granted only for an invention which is new, involves an inventive step and be capable of industrial application.

The right to a patent belongs to the inventor and an application for registration shall contain:

The date of grant of a patent is the date of publication of a notice of the grant of the patent and the patent shall expire twenty years after the filing of the application. An applicant may claim priority under the Paris Convention based on an earlier application in another convention country or party member of the World Trade Organization. The duration of protection of an international application filed under the Patent Cooperation Treaty is twenty years from the filing date of the foreign application of which priority is claimed.

The owner of a patent in addition to any other right, remedy or action available may bring infringement proceedings for relief by way of injunction, seizure, forfeiture or destruction of infringing goods, damages, or accounting of profits and any other relief available at law or in equity.

A patent is maintained in advance by payment of annual fees before the anniversary date of filing. Failure to pay late payment fee within six months after the anniversary of filing will cause the patent to lapse.

Belize 's Intellectual Property Office may process international applications in accordance with the Patent Cooperation Treaty and the Regulations and Administrative Instructions made thereunder.

N.B. Our fee schedule may be supplied on request.

INDUSTRIAL DESIGNS

An Industrial design is the ornamental or aesthetic qualities of a product. It is the appearance of a product, therefore the specific features or lines or contours, colours or shape or materials of a product or the ornamentation given to it. In effect, it is decorative as opposed to functional and it must appeal to the eye.

The registration and protection of industrial designs are governed by the Industrial Designs Act, 2000 and the Industrial Designs Regulations, 2000.

To be registrable an industrial design must be new, that is, it must not have been publicly disclosed anywhere in the world, by publication or by use in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. Industrial designs the commercial exploitation of which would be contrary to public order or morality shall not qualify for registration.

An application must contain a request that the design be registered, drawings, photographs and other adequate graphic representations of the article embodying the industrial design, and an indication of the kind of products for which the design is to be used. The application may be accompanied by a specimen of the article embodying the industrial design.

The application may claim priority as provided in the Paris Convention. The registration of an industrial design shall be for a period of five years from the filing date of the application, but may be renewed for two further consecutive periods of five years.

The registered owner of an industrial design shall, in addition to any other rights, remedies or actions available, bring court proceedings for infringement and obtain relief by way of damages, injunction, delivery up or destruction of infringing product or article and an accounting of profits.

COPY RIGHTS

Copyrights are governed by the Copyright Act, 2000. The categories of works in which copyright may subsist are:

A literary, dramatic or musical work shall not be eligible for copyright protection unless it is written down, recorded or fixed in a material form and the storage of the work in a computer is regarded as a recording of the work in a material form.

A literary, dramatic, musical or artistic work or a typographical arrangement of a published edition qualifies for copyright protection if the author was a qualified person at time of making the work; in case of a published work, if the first publication took place in Belize or in a specified country or if the author was a qualified person when the work was first published; in case of an artistic work which is a building or incorporated therein, if the building is erected in Belize or in a specified country.

A sound recording or film qualifies for copyright protection if the maker was a qualified person when the sound recording or film was made, or if the sound recording or film was made or first published in Belize or in a specified country.

A broadcast qualifies for copyright protection if made in Belize by a licensed transmitting station or in a specified country. Similarly, a cable programme qualifies for copyright protection if it is sent from a place in Belize or in a specified country.

For purposes of the Copyright Act specified countries are all member countries of the Berne Convention for the Protection of Literary and Artistic Works 1886 as revised and amended.

Copyright in any literary, dramatic, musical or artistic work expires at the end of fifty years from the end of the calendar year in which the author dies. Copyright in sound recording or film expires at end of fifty years from end of calendar year in which the work was made or made available to the public. Copyright in broadcast or cable programmes expires at end of fifty years from end of calendar year when made or included in a cable programme service. Copyright in typographical arrangement of a published edition expires at end of twenty-five years from end of calendar year in which edition was first published.

Moral and related other rights belong to the author of a work to maintain the integrity of and to prevent the modification, distortion, or mutilation of the work. Moral rights also attached to the author through the right to be associated with the work as its author by name.

Infringements of copyright is actionable at the suit of the owner with remedies by way of damages, injunction, seizure, accounts or otherwise.

PLANT BREEDER'S RIGHTS

Belize is a party to the International Convention for the Protection of New Varieties of Plants 1978 and new varieties of plants may be protected under the Protection of New Plant Varieties Act, 2000 Protection of New Plant Varieties Regulations, 2001.

Protection is available for all plant varieties. The criteria for protection are as follows: the plant variety must be new, distinct, homogenous, stable and of a variety denomination which is capable of registration.

The statute gives the holder of the breeder's right granted in respect of any variety the right to: production or reproduction (multiplication), conditioning for the purpose of propagation, offer for sale, selling or other marketing, exporting, importing, and stocking for any of the foregoing purposes. The holder may make his authorization subject conditions and limitations.

The breeder's right in respect of vines, forest, trees, fruit trees and ornamental trees including in each case their root stocks, shall expire after twenty-five years from the grant thereof; and protection for all other genera or species shall expire twenty years after the grant thereof. There are annual maintenance fees payable at the beginning of each calendar year.

Actions to enforce breeder's rights may obtain relief by way of damages, accounting of profits, orders for delivery up or destruction of infringing materials, and injunctions. Criminal sanctions may be available in certain specified circumstances.

INTEGRATED CIRCUIT TOPOGRAPHIES

Protection of original layout designs or topographies of integrated circuit products are governed by the Protection of Layout-Designs (Topographies) of Integrated Circuits Act, 2000 and the Protection of Layout-Designs (Topographies) of Integrated Circuits Regulations, 2001. An Integrated circuit is defined as a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections, are integrally formed in or on any material, and which is intended to perform an electronic function.

A layout-design is defined to mean a three dimensional disposition, however expressed, of the elements of an integrated circuit, at least one of which element is active, and some or all the interconnections of an integrated circuit, or such a three dimensional disposition prepared for an integrated circuit intended for manufacture.

The protection afforded by the statute is similar to copyright protection and it includes the exclusive right to reproduce all or a substantial part of the topography. The effect of protection is to make it unlawful to reproduce, manufacture, import, sell and distribute for commercial purpose a layout-design without the authority of the rights holder.

The protection of a layout-design requires its registration and the duration of protection is for ten calendar years after the first commercial exploitation anywhere in the world or the date of application, whichever is earlier.

An action may be brought for infringement and the relief may include injunction, damages, seizure and forfeiture, accounting of profits and orders for disposal of infringing articles.