Legal

Copyright Ordinance 1913

ORDINANCE of 17 December 1912 (National Gazette 1913, no. 3) effective as of 1 February 1913;
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Legal Texts Relevant to Trademarks

NATIONAL ORDINANCE  of  December 16th 1996 laying down new rules in respect of  the trademark  law  ( “Trade  Marks National Ordinance 1995”);
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NATIONAL DECREE dated December 6, 2000, laying down general provisions for giving effect to articles 10, first, second and seventh paragraph, 11, third paragraph, 17, first paragraph, 20, third and fourth paragraphs, 21, fourth paragraph, 29, second paragraph, 43, first paragraph, and 44, fourth paragraph, of the 1995 National Trademark Ordinance (National Gazette 1996, No. 188) (National Trademark Decree);
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Policy document regarding registration of trademarks representatives

In accordance with the new National Ordinance on Trademarks of the Netherlands Antilles which took effect on January 1, 2001 persons who wish to act as proxies in matters regarding trademarks should register with the Bureau for Intellectual Property of the Netherlands Antilles. As of October 10, 2010 persons acting as proxies should register with the Bureau for Intellectual Property of Curaçao.

In virtue of article 15 of the abovementioned ordinance lawyers practising in Curaçao and natural persons who make a business of acting as intermediaries in matters regarding trademarks, will be admitted as trademarks consultants.

The policy that is followed with regard to natural persons is as follows. In view of the complexity of this field of law the Bureau for Intellectual Property of Curaçao will recognize as natural persons in the sense of article 15 of the 1995 National Ordinance on Trademarks, only persons who make a business of acting as intermediaries in matters regarding trademarks and have a reasonable knowledge of the subject. Persons with a reasonable knowledge should be understood to be persons holding a Master’s degree in Netherlands Antilles law or in Dutch law or, as the case may be, have followed and successfully completed comparable legal training abroad in which Intellectual Property is included in the examination subjects.

Allowances are made for natural persons who already made a business of acting as intermediaries in matters regarding trademarks before the present National Ordinance on Trademarks (National Gazette 1996, No. 188) took effect. These persons who are already known to the Bureau for Intellectual Property of Curaçao and have sufficient demonstrable experience in acting as an intermediary in matters regarding trademarks may register with the Bureau.

The Bureau for Intellectual Property regularly updates or supplements the register of Trademarks Consultants on the ground of the changes submitted by the trademarks consultants. Additionally, all recognized and registered Trademarks Consultants will always be kept informed of all modifications of regulations in the field of the law of trademarks, policy or particulars required for proper exercise of their profession.

Registration is effected per calendar year, for which a registration fee of NAƒ 250.= is charged for each Trademarks Consultant.

Policy document regarding Power of Attorney

In accordance with the provisions laid down by article 15 of the 1995 National Ordinance on Trademarks (National Gazette 1996, No. 188), when effecting a registration, making the petition for renewal of it, on submitting a request as contemplated in article 12 and with any petition for an entry to be made in the register, he who has no seat or residence in the Netherlands Antilles should elect domicile at a proxy’s office. As of October 10, 2010 when effecting a registration, he who has no seat or residence in Curaçao should elect domicile at a proxy’s office.

Article 3 of the National Decree on Trademarks provides that, if the registration is effected by a proxy, the latter should submit a power of attorney to such effect. In this connection the Bureau has decided to make some requirements with regard to the general power of attorney.

A general power of attorney should include the following:

  • Full name of the Trademark Holder:
    • Natural person – full name and surname (no initials)
    • Legal person – should state the name, seat and the country by the law of which the incorporation was effected;
  • Full address:
    • The street name or a similar indication provided with the house number insofar as available, and also the place of residence provided with the postal code, if applicable. A P.O. Box number may be stated, but cannot take the place of the street name or any similar address indication provided with the house number. (art. 1, paragraph 1 i of the National Decree on Trademarks)
  • The name/names of the proxy (proxies) registered with the Bureau;
  • The name and address of the proxy’s office;
  • The date on which the power of attorney was signed;
  • The signature:
    • Authentication of the signature is not required. (art.13, paragraph 5 of the National Decree on Trademarks)
    • It is not permitted for the trademarks consultant to sign on behalf of the trademark holder.

A general power of attorney may be filed with the Bureau; if it has been filed, reference to such power of attorney will suffice (art. 15, paragraph 1 of the National Decree on Trademarks). Such power of attorney will be valid for two years. After two years a new signed power of attorney should be submitted to the Bureau.

This policy will take effect on January 15, 2005.

Patent Act 1995

(Only available in Dutch) – Rijkswet van 15 december 1994, Stb. 51, houdende regels met betrekking tot octrooien, zoals deze wet is gewijzigd bij de Wet van 14 december 1995, Stb. 668.

Wij Beatrix, enz. – Alzo Wij in overweging genomen hebben, dat door de daling van het aantal octrooiaanvragen in Nederland het bestaande systeem van octrooiverlening na vooronderzoek niet gehandhaafd kan worden en dat het wenselijk is te voorzien in een op eenvoudige wijze door registratie te verkrijgen octrooi;
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