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.    5,00 (US$      2.85)
Application fee:                                         Afl. 200,00 (US$ 114.40) 
Registration fee:                                        Afl. 250,00 (US$ 142.85)
Each class in which the trademark
 is registered:                                            Afl.   25,00 (US$   14.30)
Total amount per trademark in one class:  Afl. 480,00 (US$ 274.40)

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. 200,00 (US$ 114,30) 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.        5,00
- Application fee per patent                                       Afl.    250,00
- To submit a patent application to 
   an international innovation search                           *Euro 1800
- 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.
 
                                 
                                

 

Copyright © 2004 Intellectual Property of Aruba
Last modified: april 25, 2007