The law regulating trademarks is found in the Trade Marks Act which provides, inter alia, for their registration. Registration under the Act protects the registered proprietor of the trade mark from any action for infringement and entitles him to bring an action for infringement.

Trade Marks are registered in respect of classes of goods and registration gives exclusive right to the use of the trade mark in respect of the goods registered. There are thirty-four (34) classifications under which a trade mark may be registered.

Unfortunately Guyana does not provide for registration of services marks unless these marks were previously registered in the United Kingdom.

Applications for registration of a trade mark are made in writing to the Registrar who may accept the application absolutely or subject to any alterations, conditions or limitations he sees fit. When an application for registration of a trade mark has been accepted and no opposition to its registration has been raised after advertisement in the Official Gazette, the Registrar inserts the particulars of the mark in the Register and issues a certificate of registration bearing the seal of the Patent Office.

A draft authorization form which must accompany every application for trade mark is attached.

The authorization does not require notarization, legalization or protocolization

Registration of a trade mark is valid for a period of seven (7) years and may be renewed for a further period of fourteen years.

A registered trade mark may be removed from the register on the ground of non-use or altered in any manner on approval of an application to that effect by the proprietor to the Registrar.

The law also makes provision for the registration in Guyana of trade marks entered in the Register of Trade Marks in the United Kingdom and entitles the registered proprietor the same rights and privileges in the use of the trade mark registered in Guyana as obtains in the United Kingdom.

A trade mark may be renewed at any time within three months before the date of its expiry. The Registrar may remove a trade mark from the register where its proprietor has not renewed its registration in the manner prescribed. However, the trade mark may be restored to the register.

Patents

The Patents and Designs Act provides for the registration of patents and designs.

The ‘true and first inventor’ of a product may apply to the registrar of Deeds for a patent. Accompanying the application must be a description of the nature of the invention. The Registrar may require a detailed description as well as drawing of the invention.

Where there is no opposition to the granting of a patent or where the opposition has been determined in favour of the applicant the Registrar may grant a patent, on payment of the prescribed fee.

The validity or term of a patent ends at the expiration of sixteen years from its date of entry in the Register of Patents. A patentee may request an extension within six months before the expiry of the term. Lapsed patents may be restored to the Register by application to the Registrar in the prescribed manner.

A patent may be revoked on one of seventeen grounds, including that the patent was the subject of a valid prior grant or that the applicant was not the ‘true and first inventor’ of the product in respect of which the patent was granted. An application for the revocation of a patent must be made to the Registrar with twelve months of the sealing of the patent.

The Act also provides for the registration of United Kingdom patents in Guyana.

Designs

On the application of the proprietor of a new or original design not previously published in Guyana, the Registrar may register such design and issue a certificate of registration. There are fifteen (15) classifications of designs, e.g articles of wood, glass printed or woven designs.

The registered proprietor owns the copyright of that design for five years after the date of registration. However, this period of copyright may be extended for further periods of five years each on application to the Registrar.

The Act also makes provision for the registration of United Kingdom Designs.

Copyright

The law in relation to copyrights is currently under review. The existing legislation is the Copyright Ordinance, Cap. 341 under which an individual is guilty of an offence if he knowingly:

• makes for sale or hire any infringing copy of a work in which a copyright subsists;
• sells, lets for hire or offers for sale or hire any infringing copy of that work;
• distributes infringing copies of that work to such an extent as to affect the owner of the copyright;
• by way of trade exhibits in public any infringing copy of the work; or
• imports for sale or hire any infringing copy of the work.Further, any person who knowingly makes or has in his possession a plate for the purpose of making infringing copies of any work in which a copy right subsists is guilty of an offence.

Transfer of proprietary rights

There are no restrictions on the assignment or transmission of rights with respect to patents or copyrights of registered designs. Where a person becomes entitled by assignment, transmission or other operation of law to the privileges and rights conferred by a certificate of registration of a patent or design he may apply to the Registrar for entry in the register of such assignment, transmission or other instrument affecting title or conferring in him an interest.

Registered trade marks are assignable and transmissible by the person entered in the register as the proprietor of that trade mark. The law sets out the relevant conditions and procedures to be followed in so doing.