Intellectual Property
IP1)
What is an Intellectual Property ?
An intellectual property is a creation of the human mind, the human
intellect. It is therefore that this kind of property is called
“intellectual” property. Intellectual property means the legal rights
which result from intellectual activity in the industrial, scientific,
literary and artistic fields.
Intellectual property is divided into two main branches:
A. Copyrights, which deals with the protection of literary,
musical, artistic,
photographic and audiovisual works and;
B. Industrial property, which deals with the protection of
industrial designs, trade and
service marks, inventions and the repression
of unfair competition.
IP2)
What is the main purpose of an intellectual property law?
An
intellectual property law aims to protect creators and other producers of
intellectual works, inventions, goods and services by granting them certain
limited rights to control the use made of those productions. These rights do
not apply to the physical object in which the creation is reflected but to the
intellectual creation it self.
IP3)
Which intellectual properties can be protected in Aruba?
Intellectual properties that can be protected in Aruba are: copyrights,
trademark and service marks, patents. Soon will it be possible to also protect
industrial designs. The Bureau will also soon introduce the I-envelope
service.
IP4)
What tasks are commended to the Aruban Bureau of Intellectual Property?
The tasks related to intellectual property are commended to the Bureau of
Intellectual Property of Aruba which is a governmental agency which is in
charge of all matters concerning intellectual property in Aruba. The Bureau is
absolutely independent in its decisions against which appeals are only open at
the Bureau or in Court.
Trademark and service marks
What do I need to
know before I register a trademark:
T1)
What is a trade or service mark?
A trademark or a service mark is a sign which serves to distinguish the goods
or the services of an individual or an industrial
or commercial enterprise, or a group of such enterprises from those of third
parties.
T2)What
may the sign of trade or service mark consist of ?
The sign may consist of:
A) one or more distinctive words, letters, numbers, drawings or pictures,
emblems, monograms or signatures;
B) colors or combinations of colors;
C) the form or other special presentation of containers or packages (in case
of products), provided they are not solely dictated by their function;
D) combinations of any of the elements under a), b) and c).
T3)
Who is considered to be the Trademark owner in Aruba?
According to the Aruba Trademarks Act the right of exclusive use of
a trademark to distinguish the goods and services of an enterprise or an
individual from those of others, pertains to the one who has made first use of
the trademark for same goods and services, for which said mark is being used
in Aruba and not longer than 3 years after its last use.
The
owner may however permit the use of his mark to a third party. This use is
considered as usage by the owner.
The owner of the trademark who
requests registration of a mark first is considered the first user of the
trademark and has exclusive right of use, but solely in the classes the mark
is registered.
T4)
What objections can the Bureau raise to the registration of a trademark?
A
trademark cannot be registered if it constitutes the reproduction, in whole or
in part, the imitation or the translation, liable to mislead the public of a
well-known mark to the extent that confusion is permitted.
According
to the Aruba Trademarks Act the Bureau can raise objections to the
registration of a mark if it concurs fully or generally or in such a way with
an existent mark, registered by a third party or of which a third party has
earlier filed an application for registration or is known in Aruba as
belonging to a third party or being the commercial name of a third party, that
public confusion to the origin of the goods or services may arise.
This means that in our law the possibility to raise objections to
registrations can only be made after registration of a mark. This is a
significant difference compared to other legislations, like for example the
U.S. and British legislations where opposition can only be made prior
registration.
T5)
Can I register a slogan as a trademark?
Yes, a slogan can be registered as a trademark as well as mottos,
logos and names.
T6)
Can I register my tradename as a trademark?
Yes, a tradename can be registered as a trademark.There is a
significant distinction between tradenames and trade or service marks. A
tradename identifies the enterprise, while a trademark distinguishes its goods
of those from a third party.
There are a lot of enterprises, which use their tradename also as a trademark.
A
tradename of an enterprise, or a name or designation so resembling with as to
mislead the public, may not be used by another enterprise as a tradename, nor
as a trade or service mark.
The use of a tradename resembling or identical to a (well) known or registered
mark infringes the exclusive right of the mark, against which legal actions
can be taken.
T7)
Can I register an idea or a concept as a trademark?
No, ideas or concepts cannot be registered as trademarks.
T8)
Can I use a trademark, which has been turned down by the Bureau?
A
trademark that has been turned down by the Bureau can only be used with
authorization of the owner
of the trademark.
T9)
Can the Bureau turn down a trademark petition, because it has already
registered an identical or a close match of this trademark?
Yes, the Bureau will
turn down a trademark petition if it has already registered an identical or a
close match of the trademark. According to our Trademarks Act the Bureau wil
raise objections to the registration of said mark and will notify the
applicant in writings of its’s objections within a month after the receipt
of the application.
T10)
What is the difference between a trademark-agent and the Bureau?
A
trademark-agent is a person who has passed the trademark-attorney examination
of the Bureau and who is permanently residing in Aruba and who is allowed to
render services in the field of intermediation in trademark-affairs among
other things the registration of trademarks at the Bureau on behalf of a
trademark owner who is not domiciled in Aruba.
The
Bureau is commended with the filing and registration of intellectual
properties among other things the registration of trademarks.
T11)
What is the valid period of a registered trademark?
The duration of registration is limited to 10 years and renewable for
indeterminate periods of 10 years.
T12) When does a registration void?
A
registration voids:
A. by cancellation requested by the registered owner;
B. by a lapse of 10 years as of the filing-date of the application for
registration, but for the
T13)What
is the effective date of a registration?
Registered trademarks are effective as of the date of filing.
T14)
What can I do if I don’t have a domicile in Aruba?
Trademark owners, not
domiciled in Aruba are required to submit their application through a
Trademark Agent authorized by the Bureau.
T15)
How can I find out if a trademark is already registered in Aruba?
To find out if a trademark
is already registered in Aruba a search must be effectuated by the Bureau to
reveal if there is no objection to registration of the trademark.
T16)
Does the Bureau effectuate a search when I file a petition for a registration?
Yes, the Bureau effectuates
a search when a petition for registration has been filed.
T17)
Do I have to register my trademark?
Although protection of
a trademark might be derived by
first use in Aruba, it is strongly recommended to have same registered for
protection. It is generally necessary
for effective protection that a mark be officially registered. If a trademark
is protected, then no person or enterprise than its owner may use it or any
trademark similar to it that its use would lead to confusion in the minds of
the public. At least not on or in connection with goods or services regarding
which confusion may arise.
Sometimes
it is very difficult to proof when first use took place and no sources are
available to investigate newness of intended trade or service marks. Therefore
first use does not always offer sufficient guarantee to those wanting to make
the effort and sometimes very costly investments to launch new products or
services in the market and then discover an identical or a resembling trade or
service mark is already in use.
Registration
gives exclusive right of use in the registered classes. Exclusive rights of
use of a mark is obtained through first use and registration is considered
first use.
T18)
Do I have to register my trademark in each country to which I am exporting my
products?
Yes, you have to
register your trademark in each country that your product is being used, sold
or exported.
How
can I register my trademark?
T19)
What do I have to do to register my trademark?
To obtain registration of a trade or service mark in Aruba the
applicant has to file a request in triplicate. Applications must be filled out
on forms fixed by the Bureau (obtainable at the Bureau).
Applications
will be considered not filed so long as the application fee has not been
cancelled. Said application fee is not reimbursable. After the application fee
has been cancelled the Bureau will effect a search.
If
the search reveals no objection to registration, a notification in writing
will be forwarded requesting payment of a registration fee, supplemented with
the fee for each class in which the trademark is allowed to be registered. The
total amount indicated by the Bureau has to be cancelled within one month as
of the notification to avoid viodance by right of filing.
Upon
receipt of the total registration fee the Bureau shall register the trademark
within two weeks, forward proof of registration and procure the publishing
thereof in the next Official Gazette (MarcAruba).
Applicants
(Individuals or corporates) established out of Aruba have to choose domicile
in Aruba at a trademark agent, employed to process the application for
registration of a
trademark at the Bureau.
For
a foreign application of a
registration of a trademark, a power of attorney signed by the applicant
authorizing a trademark agent to act on his behalf, should be submitted to the
Bureau. Parties concerned may be represented with respect to the Bureau by an
agent, duly empowered by written authority. Besides barristers-at-law holding
down offices in Aruba, only persons permanently residing in Aruba who have as
a profession the rendering of services in the field of intermediation in
trademark affairs, are admissible as agents in the sense of the Aruba
Trademarks Act.
If search should reveal that the
trade or service mark can not be registered as filed, the Bureau shall forward
notification of objection(s) requesting removal thereof within one month. This
period may be extended for a same
length of period on a reasoned petition to that end.
T20)
What are the minimum requirements?
A trade or service mark has to be apt
for the distinguishing of the goods or services from those of others.
In order for the trademark to exist it must be distinctive and use is
necessary.
T21)
What amount do I have to pay at the Bureau when depositing my trademark?
The costs for
depositing a trademark constist of :
Application forms (set of 3):
Afl. 0,00 (US$
0.00)
Application fee:
Afl. 275,00 (US$ 157.14)
Registration fee:
Afl. 275,00 (US$ 157.14)
Each class in which the trademark
is registered: Afl. 35,00 (US$
20.00)
Total
amount per trademark in one class: Afl. 550,00 (US$ 314.29)
See attached list of prices.
T22)
Does my petition get a number?
Yes, only upon receipt
of the filing fee shall the Bureau provide the petition with an entry number,
date and hour.
T23)
Will the Bureau send my invoice to me if my trademark is accepted ?
If your trademark is accepted, a notification in writing will be
forwarded requesting payment of a registration fee, supplemented with the fee
for each class of goods and/or services allowed. The total amount indicated by
the Bureau has to be cancelled within one month as of the notification to
avoid voidance by right of filing.
T24)
What happens after I file my petition for a trademark ?
After filing a
petition a search must be effected to reveal if the trademark is not already
registered. If the search reveals no objection to registration, a notification
in writing will be forwarded requesting payment of a registration fee for the
registration of the trademark.
If search should reveal that the
trade or service mark can not be registered, the Bureau shall forward
notification of objection(s) requesting removal thereof within one month. This
period may be extended for a same length of period on a reasoned petition to
that end.
Once the objections are removed the
registration can take place. If not, then the registration shall be considered
denied as of the expiration date of the the given period.
Which
information of my registered mark do I have to change if there is a change?
T25) Which information of my
registered mark can I or do I have to change if some required information has
changed ?
Each change in
an owners’s name or assignment, change in the address of the owner, changing
of a class, correction of a mark information due to incorrect filed position
of the identical whole constellation of the figurative elements, or due to
printing errors in the mark.
T26)
Which information can not be changed ?
The filing
number, date and hour of the application and the registration number of the
trademark can not be changed.
T27)
Do I have to pay for the changes to be made?
Yes, you do have to
pay for each change mentioned in T.25. See attached list of fees.
Other questions about trademark
T28)
What does the signs®, © and TM
means?
The
sign ® means that the trademark is registered at a Bureau of Intellectual
Property.
© means that the creator of a
work of literature, science or
art has the rights to publish or reproduce his work, except for limitations
provided by the law.
TM
means that a name or a logo of the goods or the services of an individual or
an enterprise is being used as a trademark.
T29)
Is it official to use these signs in Aruba ?
No, it is not official to use them in Aruba.
T30)
What is the difference between a trademark and a patent ?
A trademark is being
used to distinguish goods or services from those of others and a patent is a
certificate granted by the government for the protection of an invention.
T31)
Can I act against unauthorized use of my trademark if my trademark is
registered ?
Yes, registration
essentialy gives procedural advantages allowing for infringement actions.
T32)
Can I act against unauthorized use of a trademark that I am using for years,
but which is not registered?
Yes, you can act against unauthorized use of
your trademark even if it is not registered.
According to the Aruba Trademarks Act the one who has made first use of a
trademark for the goods and services, for which said mark is being used in
Aruba (provided its last use is
not longer than 3 years) has the right of exclusive use of his trademark to
distinguish his goods and services from those of others.
T33)
What is the legal procedure in such a case ?
The owner of a mark,
to establish his rights on account of infringement, can summon the third
parties (infringers) before the Court in First Instance according to the Aruba
Trademarks Act.
T34)
Is there anything I can do before I go to court in such a case?
The trademark
owner can always come to an agreement with the third parties (infringers)
involved by notifying them with a letter.
T35)
Is there a period restriction in the Aruba Trademarks Act regarding
opposition?
Yes, opposition
is only permissible within 6 months after publication of registration.
T36)
Can the Bureau give me information about the owner and about the importer of
the products of a specific trademark ?
Upon a written
request and against payment of Afl. 275,00 (US$ 157.14) information in writing
can be given by the Bureau about the owner of a trademark. The Bureau does not
have a file of importers of products of specific trademarks.
T37)
For how long can I protect my trademark in Aruba?
The duration of protection of a trademark is limited to 10 years
and renewable for indeterminate periods of 10 years.
T38)
What do I have to do if I no longer want my trademark to be protected ?
The trademark owner or
its trademark agent has to file a petition that the owner does no longer want
protection of its trademark. A
proof of cancellation of the registration is provided by the Bureau and duly
announcement is made in the Official Gazette.
T39)
How can I assign or license my trademark ?
Assignment should be done by official deed of which a certified
copy should be submitted to the Bureau together with a written annotation
request signed by both parties or by the party obtaining said right. By
licensing a trademark owner can give permission to a third party to use a
trademark. The use of a trademark by an authorized party is considered as use
by the rightful owner.
License
can be granted in full or in part for
either all or part of the goods and services in respect of which the mark is
registered. To be valid against third parties it should be annotated.
Licensee having a licensing annotation is protected against unfair withdrawal
by licensor before its duly expiration.
T40)
Do I get a monopoly if I have a trademark ?
No,
a trademark is not a monopoly. It only affords exclusive rights of use for
that particular trademark.
T41)
Is a Trademark registered in Aruba valid in foreign countries ?
No,
only in Aruba.
T42)
What will the new Trademarks Act contain ?
The Bureau has prepared a draft of a new Trademarks Act which
grants exclusive rights by registration only. The new Act, however, shall
differ from other legislations (e.g. the extant Benelux Trademarks Act and the
Netherlands Trademarks Act), in that it will uphold grounds on which the
Bureau may raise objections to or deny registrations, next to the possibility
of opposition in court by third parties.
The new Act shall attend to international registration; first registration is
first use; provide for registration of collective trademarks and will
establish usage requirements.
Patent
P1)
What is a patent?
A
patent for an invention is a grant of a property right given by the Government
to the inventor (or his heirs or assigns), acting through the Bureau. The
right is reflected in a certificate issued by the Bureau and usually called a
patent.
The grant of a patent confers exclusive rights, for a limited period of time,
to the owner of the invention in the patent.
P2)
Does Aruba has its own Patent Act ?
Yes,
Aruba has its own Patent Act (A.B. 1997, 29) which
entered into force on April 1st, 1995.
P3)
What is the procedure when filing a petition for a patent ?
To obtain registration
of a patent in Aruba the applicant has to file a request in duplicate.
If applicant is established outside Aruba he must elect domicile in Aruba at
the office of a patent agent recognized by the Bureau.
A power of attorney signed by the applicant authorizing the patent agent to
act on his behalf, should be submitted.
Applications will be considered not
filed as long as the application fee has not been canceled. Said application
is not reimbursable. Applications must be filled out on forms fixed by the
Bureau.
For a small ( petty) patent a
non-international innovation research submitted to the Bureau of Intellectual
Property in Aruba must be effected.
In case of a normal patent a world innovations research must be effected which
is submitted to the European Patent Office in the Netherlands.
If one of the available type of
patents is obtained, the rightful owner or party entitled must pay a
maintenance fee until the sixth or twentieth
year.
P4)
What protection do I get ?
The registration of a patent for invention gives exclusive right of
use to the titlebearer to prevent or exclude others from unauthorized making,
using or selling of the patented invention within the island of Aruba and its
territorial waters during the term of the patent. The registration essentially
gives procedural advantages allowing for infringement control.
The
rights can be enforced in court against third party infringers who practice
the invention without permission of the patentee.
Anyone
who wishes to exploit the invention must obtain the authorization of the owner
of the patent to exploit the invention. Anybody who exploits the patented
invention without his authorization commits an illegal act. The patentee is
protected against exploitation of the invention which he has not authorized.
P5)
Does Aruba effectuate an international search ?
Yes, in order to
obtain a normal patent (protection for 20 years) in Aruba an international
search (a world innovation search), which is submitted to the European Patent
Office in the Netherlands, must be effectuated .
P6)
What kind of patent can be granted by the Bureau of Intellectual Property in
Aruba ?
Two types of patent
are available:
1.
a small (petty) patent
through a registration procedure with a protection period of 6 years, as of
date of filing. No world innovation search is necessary.
2.
a normal patent subject to
newness search (world innovation search) based on world-documentation granted
for 20 years, as of date of filing.
Protection of both types of patent is
subject to the payment of annual maintenance fees until the sixth or twentieth
year.
P7)
Am I protected in Aruba if I already have been granted a patent in the
Netherlands Antilles or in the Netherlands ?
No,
until April 1st, 1995 the Kingdom Patent Act used to handle patent
affairs for the territory of the Kingdom of the Netherlands, thus including
Aruba.
Since April 1st, 1995 to be protected in Aruba the applicant
has to file a patent at the Bureau in Aruba. By filing the applicant will only
obtain protection for the jurisdiction in Aruba and its territorial waters.
P8)
What are the minimum requirements for a patent ?
To
be patentable an invention must be:
a. new (must not already been published or publicly used);
b. inventive (must not have occurred to any specialist in the particular
industrial field) and
c. industrially applicable (can be industrially manufactured or used).
P9)
How can I file a petition in Aruba if I don’t have a domicile in Aruba ?
If
applicant is established outside Aruba, he must choose domicile in Aruba at
the office of a patent agent.
Applicant may be represented with respect to the Bureau by a patent agent,
duly empowered by written authorization. Only persons who have passed the
patent-attorney examination of the Bureau of Intellectual Property of Aruba
and who are permanently residing in Aruba are allowed to render services in
the field of intermediation in patent-affairs and so are agents in the sense
of the Aruba Patent Act.
P10)
Does the Patent Act of Aruba recognize the priority grace period ?
The
Patent Act of Aruba like most Patent Acts, recognizes the Paris Union priority
grace period of twelve months to file a patent which has been filed in a PCT
territory. This means that the Aruba Patent Act does recognize priority
claims, if filed within the period of grace of twelve months.
P11)
What does the term “patent pending” mean?
The
term “patent pending” is used for example in the US by a manufacturer or
seller of an article to inform the public that an application for patent on
that article is on file at the Patent Office. The law imposes a fine on those
who use this term falsely to deceive the public.
In Aruba your not obliged to use this term.
P12)
How long does it take to get a patent granted ?
Depending on
the duration of the international search in case of a normal patent
(protection for 20 years) which is submitted to the European Patent Office in
the Netherlands between 2 months to 1,5 years.
P13)
Is a patent filed in Aruba valid in foreign countries ?
No, only in Aruba.
T14)
How can I assign or license my patent ?
A
patent is a personal property and may be transferred in whole or in part to
third parties.
Assignment should be done by official deed of which a certified copy should be
submitted to the Bureau together with a written annotation request signed by
both parties or by the party obtaining said right.
The assignee, when the patent is assigned to him, becomes the owner of the
patent and has the same rights the original patentee had.
Through
a license the owner of a patented invention can give a third party or legal
entity the permission to perform, in the country and for a limited period of
time, one or more of the acts which are covered by the exclusive rights of the
owner of the invention patented in that country
When
a license is granted by the owner of the patent, the legal document which
gives the permission given by the owner of the patented invention is referred
to as a “license contract” or a “license”.
The
Bureau records assignments and licenses, grants and similar documents sent to
it for recording and the recording serves as notice.
P15)
Does the Aruba Patent Act provide an exception in which a patented invention
may not be exploited ?
Yes, an exception in which a patented invention may not be
exploited in spite of the patentee’s autorization is in case the
exploitation is against the public interest or security of the government or
country. This is in the case of patent applications of which the contents must
remain secret in the interest of the defense of the Dutch Kingdom or of its
allies.
P16)
How much do I have to pay for filing
my petition for a patent ?
-
Application forms (each set of 2 forms)
Afl.
0,00
- Application fee per patent
Afl. 300,00
- To submit a patent application to
an international innovation search
*Afl 2400,00
- To submit a patent application to a
non-international innovation search
Afl. 1200,00
* Approx. submitted fee at the European Patent Office (Netherlands)
Note: In case the results out of an international search made by a
recognized patent search center is submitted, only the above-mentioned
applications costs and other handling fees have to be paid. The Bureau will
only demand submission of a certified copy of the results of the international
search.
- Annual maintenance fee
for a small (petty) patent until the sixth year. And for a normal patent until
the twentieth year. See list of patent fees.
Copyrights
C1)
What is a copyright ?
According to the Aruba Copyrights Act a copyright is the exclusive
right of the creator of a work of literature, science or art to publish or
reproduce his work, except for limitations provided by the law. This exclusive
right is uniquely in his characteristic and pertains solely to the author of
the work and those he cedes this right to. It is the unique personal property
of the author. Only the author or his legal assignee has the exclusive right
to disclose, copy or reproduce the author’s work except for legal
restrictions.
C2)
Who is the owner of a copyright ?
The copyright owner is the author of a work or his legal assignee. The author
is the one who has created a work and not a third party who he assigns his
copyright to. Exceptions to this rule are:
a.
works created in accordance with a draft of another person and under his
supervision and guidance, are
considered works of the latter;
C3).
What is public disclosure ?
As public disclosure should be understood:
a. disclosure of a copy of a work, be it complete or partially;
b. distribution of a work, or any part thereof, or a copy or reproduction of
same, published by the author;
c. public recitations, presentations, executions or performances of a complete
work or part thereof, of a copy
or reproduction thereof.
As
copying or reproductions of a work should be comprehended: any complete or
partial arrangement or adaptation, and even imitation in an altered way,
translation, musical arrangement, adaptation for shows and theatrical
performances. In the case of audible works, also the making of products to be
perceived audibly should be understood. (for example records, CD’s,
cassettes etc.)
C4)
What kind of works can be registered ?
Article 10, section 10 of the Aruban Copyrights law is a general
article listing all works in the field of literature, science, and art, in
whatever way or form it is reproduced or multiplied, that are copyrightable in
accordance with the Aruban Act, for example literary works, musical works,
choreographic works and pantomimes, artistic works, maps and technical
drawings, photographic works, audiovisual works, works of applied art. (for
example artistic jewelry, lamps, furniture etc.) and also original computer
programs.
C5)Wh
at are the rights of the author ?
Through copyrights the author acquires 2 kinds of rights:
a. Economic rights (rights of exploitation)
b. Moral rights (personality rights)
C6)
What are economic rights ?
The copyright owner has the right to receive a reasonable part of
proceeds of the general use of his work. The economic rights are not exclusive
rights of authorization but, merely rights of remuneration. This means the
owner can negotiate with third parties to get a compensation for the
permission he gives for the use of a his work.
C7)
What are moral rights ?
The
moral rights are the exclusive rights on the basis of which authors have the
right to claim authorship and require that their names be indicated on the
copies of the work and in connection with other uses thereof and the right to
oppose the mutilation or deformation of their works. Moral rights are
inalienably properties of the author.
C8)
How can I transfer, assign or license my copyrights ?
Economic
rights may however be partially or fully transfered, assigned or licensed to
or obtainable by third parties by deed effected with consent of the copyright
owner and third parties by official (notary) deed, or agreement in writing
between parties.
C9)
What protection is granted
?
The copyright owner is rightfully protected against any unauthorized use of
his work. The one who purposely makes an illegal change in the title of or in
the indication of the author in or on any copyrighted literary, scientific or
artistic work, shall be punished with a fine. The work may be confiscated in
the event it should pertain to the one punished. The criminal act shall be
prosecuted only in case of complaint by the author of the work or of the one
who is entitled to the copyright on that work.
Our
Copyrights Act does grant protection as independent works to: a. translations;
b. adaptations; c. music arrangements; d. other reproductions of modified
versions of works
and; e. collections or compilation of various works.
The
author maintains the right to sue for indemnification in the event of
infringement of his copyright, in spite of the fact that he might have
assigned the copyright and irrespective the proportion of said assignment.
Infringement
on purpose of copyrights is considered a criminal act. However prosecutions
will follow only in case of complaints.
C10)
What works are not granted copyright protection ?
No
copyright protection is granted on:
a. laws, decrees and regulations issued by the public authorities;
b. court-sentences and/or administrative rulings;
c. any other work published by the public authorities, except in those events
of reserved rights, be it in general by laws, decrees, or regulations, or in a
specific case showed by a statement on the work itself or at its publication.
The
Act however excludes some unauthorized uses from infringement, for example
personal use, quotations, or the use of articles on political or economic
matters in other newspapers.
C11)What
is the validity period of a copyright ?
A copyright expires by a lapse of 50 years as of the date of the
passing away of the author or the longest living co-author of the work.
A work who’s author is unknown or has never been revealed or not in a way
his real name is traceable, expires 50 years after the last day of the
calendar-year in which the work has been publicly disclosed for the first
time.
Same duration of copyrights is granted in works published after the author’s
death, in the event of copyrights pertaining to public entities, corporates
etc. and likewise to motion pictures, photographic or sortlike works.
Exclusive right for translations have a duration of 10 years.
C12)
Do I have to register my work ?
According to the Berne
convention, to which Aruba is a party, protection is not conditional upon
compliance with any formality (principle of automatic protection). However, to
assist copyright owners in establishing first date of a work, deposits are
accepted and official proofs thereto are granted upon request.
Registration is not a must but the
registering of copyrights at the Bureau lets the world know, for legal
purposes, who owns a particular piece of a work of literature, science or art.
The registration essentially gives procedural advantages allowing for
infringement actions. By registering in Aruba the author will obtain
international protection.
C13)
Do I have to deposit a copy of my work at the Bureau ?
Yes, a copy of the work has to be deposited at the Bureau.
C14)
What
do I have to do to register my copyrights ?
To register your copyrights you have to file an application
form (obtainable at the Bureau) and deposit a copy of your work.
C15)
Do I have to protect my work myself ?
The author can protect a work himself or he can let a third party
(individual or corporate) register his copyrights on his behalf. If the author
is under 18 years of age (minor)
a third party must register on his behalf.
C16)
Are Copyrights valid in foreign countries ?
Yes, copyrights are
world-wide protected. By
registering in Aruba the author will obtain international protection.
C17)
What will the new Copyrights Act contain ?
Although
authors can appeal in court when their rights are infringed, they would like
to obtain new legal forms of protection to cover the challenges of new
technologies, specially those improving communication and reproduction
facilities, like T.V., satellite, photocopiers, cassette, CD’s, video
recorders and computers which give them a lot to worry about the protection of
their rights, because practically at all times only copyrighted works are used
in connection therewith and these modern technologies open easy ways to commit
piracy on a very large scale.
For same reason the Bureau is planning to prepare a draft for a new Copyrights
Act, by revising and thus substituting the ruling Act of 1913 to meet modern
communication systems. The objects with the new Act will be not only to give
more contents to rights derived from publication of works, but also to create
possibilities for protection of non-published works through registration.
Industrial
designs
I1)
What is an industrial design ?
An industrial design is the ornamental aspect of a useful
article.This ornamental aspect may be constituted by elements which are
three-dimensional (the shape of the article) or two-dimensional (lines,
designs, colors, but must not be solely dictated by the function for which the
useful article is intended.
I2)
What are the minimum requirements ?
To be eligible for protection, industrial designs must be: a)
original or novel; and b)officially registered.
I3)
What is the valid period of an industrial design ?
Although this law is not yet in force the protection will be for a
limited time of about 5 to 15 years of an industrial design, which means that
it can not be copied or imitated, neither the copies or imitations be sold
without the owner’s authorization.
i-Envelope
E1)
What is an I-Envelope ?
Before making an idea public it can be protected, by depositing the
idea in written form, in an i-Envelope. By this means is the day of first
creation recorded and is the person involved able to prove this. The i-Envelope
is an outstanding piece of evidence.
Unfair
competition
U1)
Does Aruba recognize protection against unfair competition ?
Aruba
recognizes protection against unfair competition directed against acts of
competition such as:
-
those that are contrary to honest practices in industry or commerce;
-
all acts of such a nature as to create
confusion with the establishment, the
goods or the industrial or commercial activities of a competitor;
Protection
against unfair competition forms part of the industrial property protection.
It supplements the protection of trademarks and inventions. It is particularly
important for the protection of know-how, that is technology which is not
protected by a patent but which may be required in order to make the best use
of a patented invention.
