INTELLECTUAL PROPERTY RIGHTS IN BELIZE
Opposition Term |
04 Months |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The Trade Marks Act of 2000, as amended, provides for local trademark registrations in Belize with effect from the date of application.
It is necessary to register one’s trademarks in Belize to protect it and obtain recognized trademark rights. Only in the case of famous or well-known trademarks, it might be possible to take actions against infringement even if the trademark is unregistered.
Prior use of the trademark is not required to file or register a trademark in Belize.
For getting a trademark registered in Belize, an application has to be filed with the the Belize Intellectual Property Office (BELIPO), which administers the entire trademark registration process.
Belize follows the 10th edition of Nice Classification. Multi-class trademark applications are acceptable.
Oppositions against a trademark application can be raised within four (04) months following its publication in the official gazette.
The term to be accorded to newly registered marks is ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
A trademark in Belize may be renewed within six (06) months prior to the date of expiration.
Late renewal may be applied for within a grace period of six (06) months following expiration. In this case, an extra fee will have to be paid.
No local use or intent to use is necessary prior to application; however, failure to use a mark within a period of five (05) years following registration may subject the mark to a court action for cancellation, although good cause may excuse the non-use.
In Belize, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Utility model protection is also provided Belize. The protection term of utility models is ten (10) years.
Patent protection in Belize is secured by filing successful national patent applications and/or national phase Patent Cooperation Treaty (PCT) applications with the Belize Intellectual Property Office (BELIPO). Applicants may also claim priority based on an earlier registration filed in, or for, a country, which is party to the Paris Convention for the Protection of Industrial Property or a member of the World Trade Organization (WTO).
It usually takes two (02) to three (03) years for the Registrar of Intellectual Property in the Belize Intellectual Property Office to process an application for registration.
A patent shall expire twenty (20) years after the filing date of the application. The duration of protection of an international application filed under the Patent Cooperation Treaty (PCT) is twenty (20) years counted from the international filing date.
Once a patent has been registered in Belize, there is an annuity payable to the Belize Government each year. The fee is due on the anniversary of the application date. Annuities for a PCT issued patent are due on the same date. Failure to pay an annuity will result in the rights protected by the registration being placed in abeyance. The same will effectively prevent any enforcement action from being taken.
A grace period of six (06) months is allowed for the late payment of an annual fee along with a penalty. After this period, the patent application shall be deemed to have been withdrawn, or the patent would lapse.
The Industrial Designs Act Chapter 254 (Revised Edition 2000) - governs and deals with themechanism of registration of industrial designs in Belize.
Belize is a member of the Paris Convention.
For getting an industrial design registered in Belize, an application has to be filed with the Registrar, which administers the entire process of registration.
The types of industrial design applications that can be filed in Belize include Non-Convention Application and Convention Application.
The total duration of industrial design registration in Belize is fifteen (15) years from the date of application. The initial registration term is five (05) years, which is further extendible for two (02) terms of five (05) years each upon payment of the renewal fee.
Where the owner of the registered design is late in paying the renewal fee, the Registrar shall, upon payment of the prescribed surcharge, give him grace period of six (06) months, within which, he or she must pay the renewal fee.
Copyright protection in Belize is governed by the Belize Copyright Act, Chapter 252 of the Laws of Belize.
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.
According to the Act, copyright protection is automatic upon the creation of the work, which clearly indicates that the works need not be registered for them to be protected in Belize. Nevertheless, the Belize Intellectual Property Office (BELIPO) affords copyright owners the opportunity to deposit their works with the Office.
According to the Act, the protection granted to literary, dramatic, musical, and artistic works is calculated by considering the life of the author plus fifty (50) years.
On the other hand, the duration of protection granted to sound recordings, films, broadcasts, and cable programs is calculated at fifty (50) years counted from the end of the calendar year when the works were created.