WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lITTO/D/l 
28 March 2000 
(00-1246) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TRINIDAD AND TOBAGO 
The present document reproduces the textl of the Industrial Designs Act 1996, as notified by 
Trinidad and Tobago under Article 63.2 of the Agreement (see document IPINllITTOIl). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TRINITE-ET-TOBAGO 
Le present document contient le textel de la Loi de 1996 sur les dessins et modeles 
industriels, notifiee par la Trinite-et-Tobago au titre de l'article 63:2 de l'Accord (voir le 
document IPINllITTOIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P.ARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
TRINIDAD Y TABAGO 
En el presente documento se reproduce el textol de la Ley de Dibujos y Modelos 
Industriales, 1996, notificado por Trinidad y Tabago en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IPINllITTOIl). 
1 In English only.lEn anglais seulement.!En ingles solamente. IPlNllITTO/DIl 
Page 2 
THE INDUSTRIAL DESIGNS ACT, 1996 
Arrangement of Sections 
Sections 
1. Short title and commencement 
2. Interpretation 
3. Definition of industrial design 
4. Registrable industrial designs 
5. Right to registration and naming of creator 
6. Application; right of priority 
7. Examination 
8. Registration and publication 
9: Rights conferred by registration 
10. Duration and renewal of registration 
11. Surrender of registration 
12 Invalidation of registration 
13. Changes in ownership 
14. Licence contracts 
15. The Controller 
16. Register; publication 
17 Correction of errors 
18. Extension of time 
19. Exercise of discretionary powers 
20. Representation 
21.. ··Competence of Court 
22. Infringement and offences 
23. Application of international treaties 
24. Regulations 
25. Repeals 
26. Transitional provisions Legal Supplement Part A to the "Trinidad and Tobago Gazette", Vol. 35, 
No. 156, 6th August, 1996 
First Session Fifth Parliament Republic of Trinidad 
and Tobago 
REPUBLIC OF TRINIDAD AND TOBAGO 
Act No. 18 of 1996 
[L.S.] 
AN ACT to provide for the protection of industrial 
designs and for related matters 
[Assented to 2nd August, 1996] IPINIlITTOIDIl 
Page 3 
ENACI'ED by the Parliament of Trinidad and Tobago as Enactment 
follows: 
1. (1) This Act may be cited as the Industrial Short title and 
Designs Act, 1996. commencement IP/N/lITTO/DIl 
Page 4 
Interpretation 
Definition of 
industrial design (2) This Act shall come into force on a date to be 
fixed by the President by Proclamation. 
2. In this Act-
"Controller" means the Controller of the 
Intellectual Property Office appointed 
under section 3 of the Patents Act and any 
reference to the Controller shall be 
construed as including a reference to any 
officer discharging· the functions of 
the Controller; 
"Court" means the High Court; 
"International Classification" means the 
classification according to the Locarno 
Agreement of October 8, 1968, 
establishing an International Classi­
fication for Industrial Designs; 
"Minister" means the Minister to whom 
responsibility for intellectual property has 
been assigned; 
"Paris Convention" means the Paris 
Convention for the Protection of Industrial 
Property of March 20, 1883, as last 
revised; 
"priority date" means the date of the earlier 
application that serves as the basis for the 
right of priority provided for in the Paris 
Convention; 
"Register" means the Register of Industrial 
Designs. 
3. (1) For the purposes of this Act, any composition 
. of lines or colours, any three-dimensional form or any 
material whether or not associated with lines or 
colours, is deemed to be an industrial design where 
such composition, form or material gives a special 
appearance to a product of industry or handicraft, can 
serve as a pattern for a product of industry or 
handicraft and appeals to and is judged by the eye. (2) The protection under this Act does not apply to 
anything in an industrial design which serves solely to 
obtain a technical result and to the extent that it leaves 
no freedom as regards arbitrary featu~es of appearance. IP/N/1ITTOIDI 1 
Page 5 
4. (1) An industrial design is registrable if it is new. Registrable 
. . industrial design 
(2) An industrial design is new if it has not been 
disclosed to the public anywhere in the world by 
publication in tangible form or by use or in any other 
way, prior to the filing date or, where applicable, the 
priorit~ date of the application for registration. 
(3) For the purposes of subsection (2), disclosure to 
the public of an industrial design shall not be taken 
. into consideration if the' disclosure-
(a) occurred within twelve months preceding 
·the filing date or, where applicable, the 
priority date of the application; and 
(b) was by reason or in consequence of acts 
committed by the applicant or his 
predecessor in title or of an abuse 
committed by a third party with regard to 
the applicant or his predecessor in title. 
(4) An industrial design that is contrary to public 
order or morality is not registrable. 
5. (1) The right to registration of an industrial design Right to ~egistration 
and nammgof shall belong to the creator. creator 
(2) Where two or more persons have jointly 
created an industrial design, the right to registration of 
the industrial design shall belong to them jointly. 
(3) If and to the extent to which two or more persons 
have created the same industrial design independently of 
each other, the person whose application has the earliest 
flling date or, if priority is claimed, the earliest validity 
claimed priority date, shall h,ave the right to register the 
industrial design, as long as the said application is not 
withdrawn,' abandoned or rejected. IP /NI lITTO/D/1 
Page 6 
Application; right of 
priority (4) The right to an industrial design may be 
assigned or may be transferred by succession. 
(5) Where an industrial design is created in 
execution of an employment contract, the right to 
registration of the industrial design shall belong, in the 
absence ot contractual provisions to the contrary, to the 
employer .. 
(6) The creator shall be named as such in the 
registration of the industrial design unless he indicates 
to the Controller in a special written declaration signed 
by him and addressed to the Controller that he wishes 
not to be so named.· 
(7) A promise or undertaking by the creator made 
to any person to the effect that he will make a 
declaration referred to in subsection (6) shall be 
without legal effect. 
6. (1) An application for the registration of an 
industrial design shall be filed with the Controller and 
shall contain a request,· drawings, photographs or other 
adequate graphic representations of the article 
embodying the industrial design and an indication of 
the kind of product for which the industrial design is to 
be used. 
(2) The application may be accompanied by a 
specimen of the article embodying the industrial design 
where the industrial design is two-dimensional. 
(3) Wher.e the applicant is not the creator, the 
request shall be accompanied by a statement justifying 
. the applicant's right to registration of the industrial 
design. 
(4) The application may contain a declaration 
claiming priority, as provided for in the Paris 
Convention, of one or more earlier national or regional 
applications or international deposits filed by the 
applicant or his predecessor in title in or for any State 
party to that Convention. (5) Where the application contains a declaration 
referred to in subsection (4), the Controller may require 
that the applicant furnish, within the prescribed time 
limit, a copy of the earlier application or international 
deposit, certified as correct by the office with which it 
was filed, and the effect of that declaration shall l;le as 
provided for in the Paris Convention. 
(6) Where the Controller finds tha tthe 
requirements under this section and the Regulations 
pertaining to a declaration are not fulfilled, the 
declaration shall be considered not to have been made. 
. (7) Two or more industrial designs may be the 
subject ·of the same application if they relate to the 
s·ame ciass of the International Classification or to the 
~anie set or composition of articles. 
(8) An application, at the time of filing, may 
contain a request that the publication of the industrial 
design, upon registration, be deferred for a period not 
exceeding twelve months from the date of filing, or if 
priority" is claimed, from the date of priority, of the 
·application.· . 
(9) The applicant may withdraw the application at 
any time during its pendency. 
(10) The application shall be subject to the 
payment of the prescribed application fee. IP/NIl/TTO/DIl 
Page 7 
7. (1) The Controller shall accord as the filing date Examination 
the date of receipt of the application provided that at 
the time of receipt, the application contains indications 
allowing the identity of the applicant to be established 
and the required graphic representations of the article 
embodying the industrial design. 
(2) Where the Controller finds that the application 
did not at the time of receipt fulfil the requirements 
referred to in subsection (1), he shall invite the IPINIlITTO/DI 1 
Page 8 
Registration and 
publication applicant to file the required correction and shall 
accord as the filing date the date of. receipt of the 
required correction, but if no correction is made the 
application shall be treated as if it had not been filed. 
(3) After according a filing date, the Controller 
shall examine the application for compliance with the 
requirements of section 6 and ascertain that the 
prescribed fee has been paid. , 
'(4) 'The Controller shall examine whether the 
industrial design complies with the provisions of 
sections 3 and 4(4). 
8. (1) Where the Controller is satisfied that the 
application complies with the requirements of sections 
3 and '4(4), he shall register the industrial design, 
publish a reference to the registration and issue to the 
applicant a certificate of registration of the industrial 
design. 
(2) Where 'a request for deferment of publication 
has been made under section 6(8), no representation of 
the design or any file relating to the application shall 
be open to the public for inspection and. the Controller 
shall publish a notice of deferment which shall contain 
information identifying the registered owner, the filing 
date of the application, the length of time for which 
deferment has been requested and any other 
particulars as may be prescribed. 
(3) During the period of deferment of publication, 
legal proceedings on the basis of a registered industrial 
design may not be instituted unless the information 
contained in the Register and in the file relating to the 
application has been communicated. to the person 
against whom the action is brought. 
(4) At the expiry of the period of deferment, the 
Controller shall publish the registered industrial 
design. IP/N/lITTO/DIl 
Page 9 
9. (1) The exploitation of a registered industrialRig~tsc~nfemdby 
desigri in Trinidad and Tobago by persons other than regIstratIon 
the registered owner shall require the agreement of the 
latter. 
(2) For the purposes of this Act, "exploitation" of a 
registered industrial design means the making, selling, 
importing or otherwise distributing, for commercial 
purposes, articles bearing or embodying a design which 
is a copy, or substantially a copy, of the industrial 
design. 
(3) The rights conferred by registration shall not 
extend to acts in respect of articles which have been put 
on the market in Trinidad and Tobago by the registered 
owner or with his consent. 
(4) The owner of a registered industrial design 
shall, in addition to any' other rights, remedies or 
actions available to him: have the right to institute 
court proceedings against Ciny person who infringes the 
registration of the industrial design by performing, 
without his agreement, any of the acts referred to in 
subsection (2) or. who performs acts which make it 
likely that infringement will occur. 
10. (1) The registration of an industrial design Duration and 
shall be for a period of five years from the filing~:~:7~t~!n 
date of ,the application for registration. 
(2) The registration may be_renewed for two 
further consecutive periods of five years through the 
payment of the prescribed fee. 
(3) A grace period of six months shall be allowed 
for the late payment of the renewal fee on payment of 
the prescribed surcharge. 
11. (1) The owner of a registered industrial design Surrender of 
may surrender it by written declaration to theregistr~tion 
Controller who shall record the surrender in the 
Register and publish it. 
(2) The surrender shall have effect from the date 
on which it is recorded. IP/NIlITTO/DI 1 
Page 10 
. Invalidation of 
registration 
Changes in 
ownership 
Licence contracts 
The Controller 12. (1) Any interested person may apply to the Court 
for the invalidation of the registration of an industrial 
design. 
(2) The Court shall invalidate the registration of 
an industrial design if the person requesting the 
invalidation proves that any of the requirements of 
sections 3 and 4 are not fulfilled or if the registered 
owner of the industrial design is not the creator or 
successor in title. 
(3) An invalidated registration of an industrial 
desigu, or part thereof, shall be regarded as null and 
void from the date of the registration. 
(4) The decision of the Court or the decision on 
any appeal therefrom shall be notified to the Controller 
who shall record it and publish a reference to it as soon 
as possible thereafter. 
13. (1) Any change in the ownership of the regis­
tration of an industrial design, or in the ownership of 
an application therefor, shall be in, writing and shall, 
upon the request of any interested party made to the 
Controller, be recorded and, except in the case of an 
application) published by the Controller. 
(2) A change under subsection (1) shall be of no 
effect against third parties until it has been recorded. 
14. (1) Subject to this section, the owner of a 
registered industrial design or an application therefor 
may grant licences in respect of the design. 
(2) A copy of each licence contract concerning a 
registered industrial design, or an application therefor, 
shall be submitted to the Controller who shall keep its 
contents confidential. but shall record it and publish a 
reference thereto and until the contract is so recorded it 
shall have no effect against third parties. 
15. The Controller shall be responsible for all 
functions relating to the procedure for the registration of industrial designs and for the administration of 
registered industrial designs as specified in this Act. IP!N1l ITTO/DIl 
Page 11 
16. (1) The Controller .shall maintain a Register in Register; . . publication which he shall record all matters reqUlred by thIS Act 
to be recorded. 
(2) The Register may be consulted by any person 
and any person may obtain extracts therefrom under 
the prescribed conditions. 
(3) The Controller shall publish in the prescribed 
manner all the publications provided for in this Act . 
. 17. The Controller may, subject to any provision in Correction of errors 
the Regulations, correct any error of translation or 
trapscription, clerical error or mistake in any 
application or document filed with the Controller or in 
any matter recorded pursuant to this Act. 
18. (1) Where the Controller is satisfied that the Extension of time 
circumstances justify it, he may, upon receiving a 
written request, extend the time for doing any act or 
taking any proceeding under this Act, upon notice to 
the parties concerned and upon such terms as he may 
direct. 
(2) The extension may be granted though the 
time for doing the act or taking the proceeding has 
expired. 
19. The Controller shall before exercising any Exercise of , discretionary powers discretionary power vested in him by this Act adversely 
to any party to a proceeding before him, give that party 
an opportunity to be heard. 
20. Where an applicant's ordinary residence or~presentntion 
principal place of business is outside Trinidad and 
Tobago, he shall be represented by an attorney-at-law 
resident and practising in Trinidad and Tobago. IP!NllITTO/DIl 
Page 12 
Competence of Court 21. (1). The Court shall have jurisdiction in cases of 
dispute relating to the application of this Act and in matters 
which under this Act are to be refelTed to the Court. 
Infringement and 
offences 
Application of 
international 
treaties 
Regulations (2) Any decision taken by the Controller under 
this Act, in particular the decision to register an 
industrial design or to refuse an application for such a 
registration, may be the subject of an appea.l by any 
interested party to the Court and such appeal shall. be 
filed within two months of the date of the Controller's 
decision. 
22. (1) Subject to section 9(3), an infringement shall 
consist of the performance in Trinidad and Tobago of 
any act referred to in section 9(2) by a person other 
than the owner of the registered .industrial design and 
without the agreement of the latter. 
(2) On the request of the owner of the registered 
industrial design, or of a licensee if he has requested 
the owner to institute court proceedings for a specific 
relief and the O\vner has refused or failed to do so, the 
Court may grant an injunction to prevent infringemen,t 
or an imminent infringement, award damages and 
grant any other remedy provided for in the general law. 
(3) Any person who intentionally performs an act 
which constitutes an infringement as defined in 
subsection (1) shall be guilty of an offence and is liable 
on summary conviction to a fine of ten thousand dollars 
and to imprisonment for five years. 
23. The provisions of any international treaties in 
respect of industrial property to which Trinidad and 
. Tobago is a party shall apply to matters dealt with by 
this Act and, in case of conflict with provisions of this 
Act, shall prevail over the latter. . 
24. The Minister may make Regulations prescribing 
all matters that are required or permitted by this Act to 
be prescribed, or are necessary or convenient to be 
prescribed for giving effect to the purposes of this Act. IP/N/1/TTO/DIl 
Page l3 
25. Subject to the provisions of section 26, Parts II Repeals 
and III of the Patents and Designs Act (hereinafter Chap. 82:83 
referre.d to as "the former Act") are hereby repealed and 
Part IV thereof insofar as it relates to industrial 
designs shall not apply. 
26. (1) Notwithstanding the repeal of the former Act, Tra~s~tional 
• • • proVIsIons mdustnal desIgns registered thereunder shall remain 
in force but shall, subject to subsection (2), be deemed 
to have been registered under this Act . 
. ' 
(2) Industrial designs registered under the 
former Act shall rem~in in force for the unexpired 
portion of the period of protection provided for under 
t~at Act and may be renewed in accordance with the 
provisions of this Act. 
(3) A person who on the date of the coming into 
force of this Act is the owner of an industrial design 
that has been registered in the United Kingdom for a 
period not exceeding three .years or has filed an 
application for registration of an industrial design in 
the United Kingdom may, within twelve months from 
entry into force of this Act, file an application for the 
registration of the same industrial design under this 
Act and such application shall be accorded the filing 
date or Prlority date accorded to the application or 
registration in the United Kingdom. 
(4) The Controller shall, on.and after the coming 
into force of this Act-
(a) perform all the functions of and exercise all 
the powers conferred on the Registrar 
General in relation to industrial designs 
under the former Act; and 
(b) be the custodian of the Register of 
Industrial Designs kept under the former 
Act. 