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Intellectual Property Office Act 2003

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No. 15 of 2003. The Intellectual Property qffice 1 ANTTGUA
Act 2003. AND


[ L.S. ]
I Assent,

James B. Carlisle,

17th December, 2003


No. 15 of 2003

AN ACT to make provision for the establishment of the Office
of Intellectual Property and for related matters.

[ 24th December, 2003 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Intellectual Property Office short title and
Act, 2003 and comes into force on a day appointed by the Min- commencement.
ister by notice published in the Gazette.

2. In this Act, Interpretation.

"intellectual property legislation" includes the Copyright
Act, 2003, the Geographical Indications Act, 2003, the
Industrial Designs Act, 2003, the Integrated Circuits To-
pography Act, 2003, the Patents Act, 2003, the Trade-
marks Act, 2003, and any other Act which the Minister
may by Order designate;

"Minister" means the Minister responsible for the admin-
istration of Intellectual Property Legislation;

"Registrar" means the Registrar of Intellectual Property
appointed under section 4.

ANRBUDA 2 The Intellectual Property qffice No. 15 of 2003.
AND Act 2003.


Organization O f 3. (1) There is established an Office to be known as the In-
the lntellectual tellectual Property Office.
Property Office.

(2) The Registrar is responsible for the administration of the
Intellectual Property Office and shall be assisted by a Deputy
Registrar and such officers as may be appointed.

Appointment of 4. It shall be lawful fqr ,the Public Service Commission to
Registrar and appoint on such terms and conditions as it may deternine, a
Deputy Registrar
of Intellectual Registrar and a Deputy Registrar of Intellectual Property Of-
property and fice for Antigua and Barbuda and such officers to assist the
officers. Registrar of Intellectual Property as the Public Service Com-

mission may consider necessary.

Salary. 5. The salaries and allowances to be paid to the Registrar,
the Deputy Registrar and other officers appointed under sec-
tion 4 shall be paid out of moneys voted by Parliament.

Duties of the Reg- 6 . (1) The Registrar shall -
istrar of Intellec-
tual Property. (a) perform all functions relating to -

(i) the grant of patents and utility model certifi-

(ii) the registration of industrial designs, marks,
collective marks and geographical indica-

(b) superintend and perform such other duties and ex-
ercise such other powers as are conferred by the
intellectual property legislation or the regulations
made thereunder; and

(c) be responsible for the carrying out of studies,
programmes or exchanges of items or services re-
garding domestic and international intellectual prop-
erty issues and regarding the use of patent docu-
ments as a source of information.

(2) Decisions of the Registrar shall be signed by the Regis-
trar or in the absence of the Registrar, the Deputy Registrar or
an officer designated by the Registrar.

No. 15 of 2003. Thelntellectual Property Ofice 3 ANTIGUA
Act 2003. AND


(3) The Registrar may issue administrative instructions re-
lating to the procedures under this Act and the Regulations as
well as the other functions of the Intellectual Property Office.

7. (1) The Registrar may, subject to any provision in any Corrections of
intellectual property legislation or regulations made under such errors, extension
legislation, correct any error of translation or transcription, cleri- time.

cal error or mistake in any application or document filed with
the Intellectual Property Office or in any recording effected pur-
suant to any intellectual property legislation.

(2) If the Registrar is satisfied that the circumstances justify
it, he may, upon receiving a written request, extend the time f o ~
doing any act or taking any proceeding under this Act and the
Regulations, upon notice to the parties concerned and upon such
terms as he may direct, and the extension may be granted though
the time for doing the act or taking the proceeding has expired.

8. The Registrar shall give any party to a proceeding before Exe,ise of
him an opportunity of being heard before exercising adversely discret~onary
to that party any discretionary power vested in him by any powers

intellectual property legislation.

9. The Minister may make regulations for the better man- Regulations.
agement and administration of this Act.

Passed the House of Representatives Passed the Senate this 25th day
this 8th day of September, 2003. of September, 2003.

B Harris,

M. Percival,

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda
by Walter A. Massiah, Govenunent Printer

- By Authority, 2003.
800-12.03 [Price $1.901