WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/BLZ/P/3
6 November 2003
(03-5929)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
BELIZE
The present document reproduces the text1 of the Patents Act, Chapter 253, Revised
Edition 2000, as notified by Belize under Article 63.2 of the Agreement (see document
IP/N/1/BLZ/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
BELIZE
Le présent document contient le texte
1 de la Loi sur les brevets, Chapitre 253, Édition révisée
de 2000, notifié par le Belize au titre de l'article 63:2 de l'Accord (voir le  document IP/N/1/BLZ/2).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
BELICE
En el presente documento se reproduce el texto1 de la Ley de Patentes, Capítulo 253, Edición
Revisada de 2000, que Belice ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase
el documento IP/N/1/BLZ/2).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/BLZ/P/3
Page 2
BELIZE
PATENTS ACT
CHAPTER 253
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws-
ARRANGEMENT OF SECTIONS
PATENTS ACT
Amendments in force as at 31st December, 2000.IP/N/1/BLZ/P/3
Page 3
CHAPTER 253
PATENTS
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.2. Interpretation.
PART I I
Establishment And Functions Of
The Intellectual Property Office
3. Establishment of Intellectual Property Office.4. Registrar, Deputy Registrar and Assistant Registrars of Intellectual
Property.
5. Powers and functions of Registrar.6. Seal.
7. Register.
PART III
Patents
8. Patentable inventions.9. Novelty.
10. Inventive step.
11. Industrial application.12. Matters excluded from patent protection.
PART I V
Right To Apply For And Obtain A Patent
13. Who may apply for a patent.
14. Right to a patent.IP/N/1/BLZ/P/3
Page 4
15. Invention by employee or person commissioned.
16. Judicial assignment of patent application or patent.
PART V
Applications For Patents
17. Application for a patent.18. Unity of invention.19. Amendment of application.20. Joint applicants.
21. Right of priority.
22. Conversion of patent application.23. Information concerning corresponding foreign applications.24. Disclosure of matter, etc., between earlier and later applications.25. Filing date.
26. Examination.
27. Refusal or grant of patent.
PART VI
Provisions As To Patents After Grant
28. Duration and maintenance of patent.29. Surrender of patent or claim.
30. Effect of registration, etc., on rights in patents.
PART VII
Property In Patent Application and Patents
31. Nature of, and transactions in, patents.32. Joint ownership of patent.IP/N/1/BLZ/P/3
Page 5
PART VIII
Rights Of Owner Of Patent
33. Rights conferred by patent .34. Right to continue use begun before date of filing or priority.35. Exploitation by Government or person authorised thereby.36. Prevention of indirect use of invention.
PART I X
Voluntary And Non-Voluntary Licences
37. Voluntary licences.38. Non-voluntary licences.39. Exercise of powers on applications under section 38.
PART X
Infringement
40. Infringement.41. Proceedings for infringement.42. Restrictions on recovery of damages for infringement.43. Relief for infringement of partially valid patent.
44. Certificate of contested validity of patent.
45. Proceedings for infringement by exclusive licensee.46. Effect of non-registration on infringement proceedings.
PART XI
Invalidation Of Patent
47. Invalidation of patent.
48. Amendment of patent in infringement or invalidation proceedings.
PART XII
Utility Model Certificates
49. Application of provisions relating to patents.IP/N/1/BLZ/P/3
Page 6
50. Qualification of invention for utility model certificate.
51. Duration of utility model certificate.52. Invalidation of utility model certificate.53. Conversion of application for utility model certificate.
PART XIII
International Arrangements
54. Application of treaties.
55. Implementation of Patent Cooperation Treaty.56. Judicial notice of certain treaties.
PART XIV
General Provisions
57. Changes in ownership.
58. Correction of errors.59. Extension of time.60. Exercise of discretionary powers.61. Agents.62. Jurisdiction of Court.
63. Offences.
64. Immunity regarding official acts.65. Registrar’s annual report.66. Saving in respect of rights to sell forfeited articles.67. Time limit for prosecution.
68. Regulations.
69. Administrative instructions.70. Act binding on State.71. Repeals.72. Transitional.IP/N/1/BLZ/P/3
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73. Commencement.
_______________IP/N/1/BLZ/P/3
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CHAPTER 253
PATENTS
14 of 2000 2 . [21st June , 2000]
PART I
Preliminary
Short title. 1. This Act may be cited as the Patents Act.Interpretation. 2. In this Act, unless the context otherwise requires:-
“Court” means the Supreme Court;“foreign application” means any application for a patent filed by an applicant
outside Belize;
“International Patent Classification” means the classification according to the
Strasbourg Agreement of March 24, 1971;
“invention” means an idea of an inventor which permits in practice the solution to
a specific problem in the field of technology;
“Journal” means the Journal of Intellectual Property referred to in section 5 (d) of
this Act;
CAP. 4.“Minister” means the Minister for the time being to whom the subject of Patents
is assigned by the Governor-General pursuant to section 41 of the BelizeConstitution;
“Paris Convention” means the Paris Convention for the Protection of Industrial
Property of March 20, 1883 as last revised;
“patent” means the title granted to protect an invention;
“patentee” means the person to whom a patent has been granted;“Patent Cooperation Treaty” means the Patent Cooperation Treaty of June 19,
1970;
“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 Patents referred to in section 7 of this Act;
                                                     
2 This Act had not yet come into force by 31st December, 2000.IP/N/1/BLZ/P/3
Page 9
“Registrar” means the Registrar of Intellectual Property appointed under
section 4 of this Act;
“utility model certificate” means a certificate granted for an invention under
Part XII of this Act.
PART I I
Establishment And Functions Of
The Intellectual Property Office.
Establishment
of Intellectual
Property Office.3.-(1) There shall be and is hereby established in and for Belize, at such place
as the Minister may determine, an Intellectual Property Office.
   (2) The Intellectual Property Office shall not be an office in the public
service.
Registrar, Deputy
Registrar and
Assistant
Registrars ofIntellectual
Property.4.-(1) There shall be appointed by the Minister a Registrar of Intellectual
Property who shall, subject to the general directions of the Minister and to the
provisions of this Act, be responsible for the administration of this Act and who
shall perform such functions, and exercise such powers, as are conferred on himby this or any other enactment.
   (2) There shall also be a Deputy Registrar of Intellectual Property and such
number of Assistant Registrars as may be considered necessary for the proper
administration of this Act or any other enactment.
   (3) The Minister may give the Registrar written directions of a general
character which are not inconsistent with the provisions of this Act, concerning
the exercise and performance of powers and functions in relation to any matter
which appears to the Minister to concern the development of industrial property
and any other matters connected therewith, and the Registrar shall carry out such
directions.
   (4) The Deputy Registrar and Assistant Registrars shall perform such
functions, and exercise such powers, as the Minister may, by Order published in
the Gazette, delegate to them from time to time.
   (5) The Office of Registrar, Deputy Registrar, Assistant Registrar and any
other post under the Intellectual Property Office shall not be a public office.
Powers and
functions ofRegistrar.5. Without derogating from the generality of the provisions of section 4, the
Registrar shall have the following functions and powers, namely to-
(a) process all applications made under this Act;
(b) grant patents and register utility model certificates;
(c) administer granted patents and registered utility mode
certificates;IP/N/1/BLZ/P/3
Page 10
(d) establish and maintain a Journal of Intellectual Property in which
he shall publish all matters that are required to be published
under this Act or any other enactment;
(e) carry out studies, programs or exchanges of items or services
regarding domestic and international patent law; and
(f) provide patent information services such as making available, for
use by the public, in the prescribed manner, and on payment of
any prescribed fees, patent literature.
Seal. 6.-(1) The Registrar shall have a seal approved by the Minister, which he shall
affix to every document issued by him, and to any copy of a document issued by
him in lieu of the original document.
   (2) Impressions of the Registrar’s seal shall be judicially and officially
noticed and admitted in evidence.
Register. 7.-(1) The Registrar shall maintain a Register of Patents in which he shall
record all matters required by this Act or the Regulations made thereunder to be
recorded, and shall also, in a section of the Register created for that purpose,register utility model certificates.
   (2) Any person may, upon payment of the prescribed fee, and in accordance
with any prescribed conditions, consult, inspect or make a copy of, or obtain an
extract from, the Register.
   (3) The Register shall be prima facie evidence of anything required or
authorised by this Act to be registered, and shall be admissible and sufficient
evidence of any such thing.
   (4) A certificate signed by the Registrar and certifying that any entry which
he is authorised by this Act to make has or has not been made, or that any otherthing which he is authorised to do has or has not been done, shall be prima facie
evidence, and shall be admissible and sufficient evidence of the matters so
certified.
   (5) Each of the following, that is to say, a copy of-
(a) an entry in the Register or an extract from the Register which is
supplied under subsection (2); and
(b) any document kept in the Intellectual Property Office, or an
extract from any such document, or any matter which has been
published in the Journal, which is to be a certified copy or a
certified extract,
shall be admitted in evidence without further proof and without production of the
original, and such evidence shall be sufficient evidence of the matters stated
therein.IP/N/1/BLZ/P/3
Page 11
   (6) In this section, “certified copy” and “certified extract” means a copy or
extract certified by the Registrar and sealed with his seal.
PART III
Patents
Patentable
inventions.8.-(1) Subject to section 12, a patent may be granted only for an invention
which satisfies the following conditions:
(a)  the invention is new;
(b)  it involves an inventive step; and
(c)  it is capable of industrial application.
   (2) An invention may be, or may relate to, a product or a process.
Novelty. 9.-(1) An invention is considered to be new if it does not form part of prior art.
   (2) For the purpose of this Act, prior art in relation to an invention means
anything which has, at any time prior to the filing date or, where priority is
claimed, the priority date, of the application claiming the invention, been
disclosed to the public anywhere in the world by oral or written description, by
use, or in any other way.
   (3) For the purpose of subsection (2), the disclosure to the public of matter
constituting an invention shall not be taken into consideration if it occurred
within twelve months immediately preceding the filing date or, where priority is
claimed, the priority date of the application, and the disclosure was due to or in
consequence of:-
(a) acts committed by the applicant or his predecessor in title; or
(b) an abuse committed by a third party with regard to the applicant
or his predecessor in title.
   (4) In the case of an invention consisting of a substance or composition for
use in a method of treatment of the human or animal body by surgery or therapy,
or of diagnosis practised on the human or animal body, the fact that the substance
or composition forms part of prior art shall not prevent the invention from being
taken to be new if the use of the substance or composition in any such method
does not form part of prior art.
Inventive step. 10. An invention shall be considered as involving an inventive step if, having
regard to the prior art relevant to the application claiming the invention as defined
in section 9(2), it is not obvious to a person having ordinary skill in the art.
Industrial
application.11. An invention shall be considered as being capable of industrial
application if it can be made or used in any kind of industry including without
limitation agriculture, fishery, handicraft and services.IP/N/1/BLZ/P/3
Page 12
Matters
excluded from
patent
protection.12.-(1) The following, even if they are inventions within the meaning of this Act,
shall not be protected as patents:-
(a) a discovery, scientific theory or mathematical method;
(b) a scheme, rule or method for doing business, performing a
mental act or playing a game; and
(c) methods for the treatment of the human or animal body by
surgery or therapy, as well as diagnostic methods practised on
the human or animal body.
   (2) Subsection (1) (c) shall not apply to products for use in any of the
methods specified therein.
   (3) A patent shall not be granted for an invention the commercial
exploitation of which it is necessary to prevent in Belize in order:-
(a) to protect public order or morality, including to protect human,
animal or plant life or health; or
(b) to avoid serious prejudice to the environment.
(4) The refusal to grant a patent in re spect of an invention referred to in
subsection (3) shall not be based solely on the ground that the
commercial exploitation is prohibited by a law in force in Belize.
PART I V
Right To Apply For And Obtain A Patent
Who may apply
for a patent.13. Any person may make an application for a patent, either alone or jointly
with another.
Right to a patent. 14.-(1) The right to a patent shall belong to the inventor.
   (2) If two or more persons have made an invention jointly, the right to the
invention shall belong to them jointly.
   (3) Where two or more persons have made the same invention independently
of each other, the person whose application bears the earliest filing date or, if
priority is claimed, the person whose application bears the earliest validly
claimed priority date shall, unless that application is abandoned or withdrawn by
the applicant, or rejected by the Registrar, have the right to the patent.
   (4) The inventor shall be named as such in the patent unless in a special
written declaration signed by him and addressed to the Registrar, he indicates that
the does not wish to be so named.
   (5) Any promise or undertaking made by the inventor to any person to the
effect that he will make such a declaration shall be void.
   (6) The right to a patent may be assigned or transferred by succession.IP/N/1/BLZ/P/3
Page 13
Invention by
employee or
person
commissioned.15.-(1) Where an invention is made in execution of a contract of employment or
for the execution of work, the right to th e patent shall, in the absence of any
agreement to the contrary, belong to the employer or the person who
commissioned the work, as the case may be.
   (2) Where an invention referred to in subsection (1) acquires an economic
value much greater than the parties could reasonably have foreseen at the time of
concluding the contract of employment or for the execution of work, as the case
may be, the inventor shall be entitled to equitable remuneration which may be
fixed by the Court in the absence of agreement between the parties.
   (3) Where an employee whose contract of employment does not require him
to engage in any inventive activity makes,  in the field of the activities of his
employer, an invention using information or means placed at his disposal by his
employer, the right to the patent for such invention shall be deemed to accrue to
the employer in the absence of any provision to the contrary in the contract ofemployment, provided that the employee shall be entitled to equitable
remuneration which, in the absence of agreement between the parties, may be
fixed by the Court taking into account his emoluments, the economic value of the
invention and any benefit derived from it by the employer.
   (4) For the avoidance of doubt, it is hereby declared that when an invention
is made by an employee whose contract of employment does not require him to
engage in inventive activity, or in a field of activity different from that of his
employer, and without using information or means put at his disposal by the
employer, the right to the patent for such invention shall accrue to the employee.
   (5) The rights conferred on the inventor under subsections (1), (2), (3)
and (4) shall not be restricted by contract.
   (6) This section shall not apply to an invention made before the coming into
force of this Act.
Judicial
assignment of
patent application
or patent.16.-(1) Where the essential elements of the invention claimed in a patent or
application for a patent have been unlawfully derived from an invention for
which the right to the patent belongs to another person, such other person may
apply to the Court for an order that the said patent application or patent be
assigned to him.
   (2) The Court shall make such order as it sees fit upon hearing such
application.
   (3) No application for the assignment of a patent under subsection (1) shall
be entertained by the Court after the expiry of five years from the date of the
grant of the patent unless it is shown that any person registered as an owner of the
patent knew, at the time of the grant or, as the case may be, of the transfer of the
patent to him, that he was not entitled to the patent.IP/N/1/BLZ/P/3
Page 14
PART V
Applications For Patents
Application for a
patent.17.-(1) Every application for a patent shall be filed with the Registrar in the
prescribed form and shall contain:-
(a) a request;
(b) a description;
(c) one or more claims;
(d) one or more drawings where required; and
(e) an abstract.
   (2) The request shall contain:-
(a) a petition that a patent be granted;
(b) the name of and other prescribed information relating to the
applicant, the inventor, and agent, if any; and
(c)  the title of the invention.
   (3) Where the applicant is not the inventor or a joint inventor, the request
shall be accompanied by a written statement justifying the applicant’s right to the
patent.
   (4) The description shall disclose the invention in a manner which is
sufficiently clear and complete to permit a person having ordinary skill in the art
to carry out the invention, and shall, in particular, indicate at least one modeknown to the applicant in which the invention can be carried out.
   (5) The claim or claims shall:-
(a) define the matter for which protection is sought;
(b) be clear and concise; and
(c) be supported by the description.
   (6) The description and the drawings may be used to interpret the claim or
claims.
   (7) The Registrar may require an application to file drawings where these are
necessary for the understanding of the invention.
   (8) The purpose of the abstract is to provide technical information and shall
not be taken into account for the purpose of interpreting the scope of the
protection sought.IP/N/1/BLZ/P/3
Page 15
   (9) An applicant may, at any time before the patent is granted, withdraw his
application.
   (10) An application for a patent shall be accompanied by the prescribed
application fee.
Unity of
invention.18.-(1) An application for a patent shall relate to one invention only or to a group
of inventions so linked so as to form a single general inventive concept.
   (2) The applicant may, at any time before a patent is granted, divide the
application into two or more applications (referred to in this section as “divisionalapplications”), provided that each divisional application shall not include any
matter which was not disclosed in the initial application as filed.
   (3) Each divisional application shall be accorded the filing date and, where
applicable, the priority date, of the initial application.
   (4) The fact that a patent has been granted on an application that did not
comply with the requirements of unity of invention under subsection (1) shall not
be a ground for the invalidation of the patent.
Amendment of
application.19. The applicant may, at any time before a patent is granted, amend the
application, but the amendment shall not include any matter which was not
disclosed in the initial application as filed.
Joint applicants. 20.-(1) Where two or more persons apply jointly for a patent, they shall, in the
absence of an agreement to the contrary, have equal undivided shares in the
application and none of them shall deal with the application in any way without
the consent of the other.
   (2) Notwithstanding the provisions of subsection (1), if any step is required
to be taken to save the application from being abandoned, any applicant may, on
his own behalf and on behalf of any other joint applicant, take such step without
recourse to the other applicant or applicants.
Right of priority. 21.-(1) An application for a patent may contain a declaration claiming the
priority, as provided for in the Paris Convention, of one or more earlier national,
regional or international applications filed by the applicant or his predecessor intitle in or for any State party to the said Convention or any member of the World
Trade Organisation.
   (2) Where the application contains a declaration under subsection (1), the
Registrar may require the applicant to furnish, within the prescribed time, a copyof the earlier national, regional or international application certified as correct by
the Office with which it was filed.
   (3) Where the earlier application is not in English, the Registrar may require
a translation thereof in English verified by the translator that the translation is, tothe best of his knowledge, complete and faithful.
   (4) The effect of the declaration referred to in subsection (1) shall be as
provided in the Paris Convention.IP/N/1/BLZ/P/3
Page 16
   (5) Where any requirement of this section or the Regulations pertaining
thereto is not fulfilled, the declaration referred to in subsection (1) shall be
considered as having not been made.
Conversion of
patent
application.22.-(1) At any time before the grant or refusal of a patent, an applicant for a
patent may, upon payment of the prescribed fee, convert his application into an
application for a utility model certificate.
   (2) No person may convert an application under subsection (1) more than
once.
Information
concerning
corresponding
foreign
applications.23.-(1) The applicant shall, if requested by the Registrar, furnish him with the
date and number of any application for a patent filed by him abroad relating to
the same or essentially the same invention as that claimed in the application filed
with the Registrar.
   (2) The applicant shall also, if requested by the Registrar, furnish him with
the following documents relating to an y foreign application referred to in
subsection (1):-
(a) a copy of any communication received by the applicant
concerning the results of any search or examination carried out in
respect of the foreign application;
(b) a copy of the patent granted on the basis of the foreign
application;
(c) a copy of any final decision rejecting the foreign application or
refusing the grant requested in the foreign application; and
(d) a copy of any final decision invalidating the patent granted on the
basis of the foreign application referred to in subsection (1).
   (3) Subsection (2) (a) and (c) shall not apply where the Office of the
Registrar is an elected Office within the meaning of section 55 and has received
or will receive an international preliminary examination report.
   (4) Any document furnished pursuant to this section:-
(a) shall, if not in English, be accompanied by a translation thereof
in English, verified by the translator that the translation is, to the
best of his knowledge, complete and faithful; and
(b) may be used only for facilitating the evaluation of the novelty
and inventive step of the invention for which the patent
application is made.
Disclosure of
matter, etc.,
between earlier
and later
applications.24. Where an application is made for a patent under section 17 and a
declaration is made in accordance with section 21(1) in or in connection with that
application specifying an earlier application, the first-mentioned application and
any patent granted in pursuance thereof shall not be invalidated by reason only of
the fact that any subject matter disclosed in the earlier application was madeIP/N/1/BLZ/P/3
Page 17
available to the public at any time afte r the date of filing of the said earlier
application.
Filing date. 25.-(1) The Registrar shall accord as the filing date of an application for a patent,
the date of receipt of the application, provided that at the time of its receipt, thefollowing requirements are satisfied:-
(a) the documents filed contain an express or implied indication that
the granting of a patent is sought;
(b) the documents filed identify the applicant or applicants;
(c) the documents filed contain information which, on the face of it,
appears to be a description of the invention.
   (2) Where the application does not comply with the requirements of
subsection (1), the Registrar shall so in form the applicant in writing and shall
invite him, subject to section 19, to file the required amendment.
   (3) The Registrar shall then accord, as the filing date, the date of receipt of
the amendment referred to in subsection (2).
   (4) Where the applicant fails to make the required amendment, the
application shall be treated as if it had not been filed.
   (5) Where the application refers to drawings which are not included in the
application, the Registrar shall invite the applicant to furnish the missingdrawings and, if the applicant complies, the Registrar shall accord as the filing
date of the application, the date of receipt of the missing drawings.
   (6) Where the applicant fails to comply with subsection (5), the Registrar
shall accord as the filing date of the application, the date of receipt of theapplication and shall treat any reference to the said drawings as non-existent.
Examination. 26. After according a filing date, and if the application is not withdrawn, the
Registrar shall examine the application to determine whether:-
(a) it complies with the requirements of section 17(1), (2), (3) and
(10) and the Regulations pertaining thereto;
(b) it complies with the requirements of this Act;
(c) it complies with the requirements of the Regulations as have
been designated by the Regulations to be formal requirements;and
(d) information requested under section 23, if any, has been
provided.
Refusal or grant
of patent.27.-(1) Subject to section 25 (2) to (4), where the Registrar is not satisfied that
the requirements of the Act and the Regulations have been complied with, he
shall refuse the application and so inform the applicant in writing, stating the
reasons for the refusal.IP/N/1/BLZ/P/3
Page 18
   (2) Where two or more patent applications for the same invention, having the
same filing date or the same priority date, are filed by the same applicant or his
successor in title, the Registrar may, on that ground, refuse to grant a patent in
respect of more than one of the applications.
   (3) Where the Registrar refuses an application under subsection (2), he shall
so inform the applicant in writing,  stating the reasons for his refusal.
   (4) Where the Registrar is satisfied that the application, as originally filed or
as amended, complies with the requirements of section 26, he shall grant the
applicant a patent.
   (5) Where the Registrar grants a patent, he shall:-
(a) publish, in the Journal, a notice of the grant of the patent;
(b) issue a certificate of the grant of the patent and a copy of the
patent to the applicant; and
(c) record the patent in the Register.
   (6) The Registrar shall, on payment of the prescribed fee, make a copy of
any patent granted under this section available to any person who requests such
copy.
   (7) The Registrar shall, upon the request of the owner of the patent, amend
the text or drawings of the patent in order to limit the extent of the protection
conferred thereby, provided that the amendment would not result in the
disclosure contained in the patent going beyond the disclosure contained in the
initial application on the basis of which the patent was granted.
   (8) The patent shall be deemed to be granted on the date on which the
Registrar publishes a notice of the grant of the patent in the Journal.
PART VI
Provisions As To Patents After Grant
Duration and
maintenance of
patent.28.-(1) Subject to subsection (2), a patent shall expire 20 years after the filing
date of the application therefor.
   (2) In order to maintain a patent or patent application, the owner of the
patent or the applicant shall pay in advance to the Registrar for each year startingone year after the filing date of the application for the grant of the patent, the
prescribed annual fee.
   (3) Where the period prescribed for the payment of the annual fee expires
and payment of the said fee has not been made, the Registrar shall give the ownerof the patent or the applicant, as the case may be, a period of grace not exceeding
six months, within which he must pay the annual fee.IP/N/1/BLZ/P/3
Page 19
   (4) The owner of the patent or the applicant, as the case may be, shall, when
paying the annual fee in accordance with paragraph (a), also pay, to the Registrar,
the surcharge prescribed for late payment.
   (5) A patent shall lapse or a patent application shall be deemed to have been
withdrawn if the annual fee is not paid in  accordance with the provisions of this
section.
   (6) If a patent ceases to have effect under this section, the Registrar shall
enter the lapse in the Register and publish it in the Journal.
Surrender of
patent or claim.29.-(1) The owner of a patent may, at any time by notice given to the Registrar
in the prescribed manner, offer to surrender his patent or one or more claims
contained in his patent.
   (2) Where an offer is made under this section, the Registrar shall advertise
the offer in the prescribed manner and any interested person may, within the
prescribed period commencing on the date of the publication of the
advertisement, give notice to the Registrar of his opposition to the proposed
surrender.
   (3) Where notice of opposition is duly given under this section, the Registrar
shall notify the owner of the patent in writing and determine the question.
   (4) Where the Register is satisfied that the patent or any claim or claims
contained in the patent may properly be surrendered, he may accept the offer andrecord his acceptance in the Register and shall, as soon as practicable, publish a
notice of his acceptance in the Journal.
   (5) From the date of publication of the notice under subsection (4), the patent
or claim or claims shall cease to have effect, but no action for infringement shall
lie in respect of any act done before that date, and no right to compensation shall
accrue for any use of the patented invention before that date for purposes of theState.
   (6) Where a patent has been granted to two or more persons, a notice in
accordance with subsection (1) shall be signed by each of them.
Effect of
registration, etc.,
on rights in
patents.30.-(1) Any person who claims to have acquired the property in a patent or
application for a patent by virtue of any transaction to which this section applies
shall be entitled as against any other person who claims to have acquired that
property by virtue of an earlier transaction to which this section applies if, at the
time of the later transaction:-
(a) the earlier transaction was not registered; or
(b) in the case of any application, notice of the earlier transaction
had not been given to the Registrar; and
(c) in any case, the person claiming under the later transaction did
not know of the earlier transaction.IP/N/1/BLZ/P/3
Page 20
   (2) Subsection (1) shall apply equally to the case where any person claims to
have acquired any right in or under a patent or application for a patent by virtue
of a transaction to which this section applies, and that right is incompatible with
any such right acquired by virtue of an earlier transaction to which this section
applies.
   (3) This section applies to the following transactions:
(a) the assignment of a patent or application for a patent or a right in
it;
(b) the mortgage of a patent or application or the granting of security
over it;
(c) the grant, assignment of a licence or sub-licence, or mortgage of
a licence or sub-licence, under a patent or application;
(d) the death of the owner or one of the owners of any such patent or
application or of any person having a right in a patent or
application and the vesting, of any such right, by an assent of the
personal representative of the applicant or owner of a patent; and
(e) any order or directions of a Court or other competent authority:-
(i) transferring a patent or application or any right in or
under it to any person; or
(ii) that an application should proceed in the name of any
person, and in either case the event by virtue of which
the Court or authority had power to make any such order
or give any such directions.
   (4) Where an application for the registration of a transaction has been made,
but the transaction has not been registered, registration of the application shall,
for the purposes of subsection (1 )(a), be treated as registration of the transaction.
   (5) For purposes of this section, ietransactionld includes an instrument and
an event.
PART VII
Property In Patent Application And Patents
Nature of, and
transactions in,
patents.31.-(1) A patent or application for a patent is personal property (without being a
thing in action), and any patent or any such application and rights in or under it
may be transferred, created or granted in accordance with subsections (2) to (6).
   (2) Subject to section 32 (2) (b), any patent or any such application, or any
right in it, may be assigned or mortgaged.
   (3) Any patent or any such application or right shall vest by operation of law
in the same way as any other personal property and may be vested by an assent of
personal representatives.IP/N/1/BLZ/P/3
Page 21
   (4) Subject to section 32 (2) (b), a licence may be granted under any patent
or any such application for working the invention which is the subject of the
patent or the application, and:-
(a) to the extent that the licence so provides, a sub-licence may be
granted under any such licence and any such licence or sub-
licence may be assigned or mortgaged; and
(b) any such licence or sub-licence shall vest by operation of law in
the same way as any other personal property and may be vested
by an assent of personal representatives.
   (5) Any of the following transactions, that is to say:-
(a) any assignment or mortgage of a patent or any such application,
or any right in a patent or any application; or
(b) any assent relating to any patent or any such application or right,
shall be void unless it is in writing and is signed by or on behalf of the parties to
the transaction (or, in the case of an assent or other transaction by a personalrepresentative, by or on behalf of the personal representative), or in the case of a
body corporate, is so signed or is under the seal of that body.
   (6) An assignment of a patent or any such application or a share in it, and an
exclusive licence granted under any patent or any such application may confer,on the assignee or licensee, the right of the assignor or licensor to bring
proceedings by virtue of section 41 for a previous infringement.
Joint ownership
of patent.32.-(1) Where a patent is granted to two or more persons jointly, each of the
patentees shall, in the absence of an agreement to the contrary, be entitled to anequal undivided share in the patent.
   (2) Subject to the provisions of subsection (4), a joint patentee shall not be
entitled, in the absence of an agreement to the contrary, and in the absence of the
consent of the joint patentee or patentees, to:-
(a) make, use, exercise, or dispose of the patented invention;
(b) grant a licence or assign or mortgage the whole or any part of his
interest in the patent; or
(c) take any step or institute any proceedings relating to the patent;
provided that he may without recourse to any other joint patentee, pay any annual
fee which is payable.
   (3) Where a patented article is disposed of by a joint patentee, the person
who acquires the patent, or any person making a claim through him, shall be
entitled to deal with that article in the same manner as though the article had been
disposed of by the patentees jointly.IP/N/1/BLZ/P/3
Page 22
   (4) Any joint patentee may institute proceedings for infringement and shall
give notice thereof to any other joint pa tentee, and any such other joint patentee
may intervene as co-plaintiff and recover any damages in respect of any damage
he may have suffered as a result of the infringement.
PART VIII
Rights Of Owner Of Paten t
Rights conferred
by patent33.-(1) The exploitation of a patented invention in Belize by any person other
than the owner of the patent shall require the latter’s authorisation.
   (2) For the purposes of this section, exploitation of a patented invention
means:-
(a) where the patent has been granted in respect of a product:-
(i) making, importing into Belize, offering for sale, selling
and using that product;
(ii) stocking such product for the purposes of offering it for
sale or selling or using it; and
(b)  where the patent has been granted in respect of a process:-
(i) using that process; and
(ii) doing any act referred to in paragraph (a) in respect of a
product obtained by means of that process.
   (3) Subject to subsection (4) and to sections 34, 35 and 38, the owner of the
patent shall have the right to bring an action against any person who exploits thepatented invention in Belize without his authorisation.
   (4) The rights under the patent shall not extend to:-
(a) acts in respect of articles which have been put on the market in
Belize by the owner of the patent or with his consent;
(b) the use of articles on aircraft, land vehicles or vessels of other
countries which temporarily or accidentally enter the airspace,
territory or waters of Belize;
(c) acts done only for experimental purposes relating to a patented
invention;
(d) the extemporaneous preparation for individual cases, in a
pharmacy, of a medicine in accordance with a medical
prescription or acts concerning the medicine so prepared; orIP/N/1/BLZ/P/3
Page 23
(e) acts performed by any person who in good faith, before the filing
or, where priority is claimed, the priority date of the application
on which the patent is granted, and in Belize, was using the
invention or was making effective and serious preparations forsuch use.
   (5) The right of prior user referred to in subsection (4) (e) may be transferred
or devolve only together with the enterprise or business, or with that part of the
enterprise or business in which the use or preparations for use have been made.
Right to
continue use
begun before
date of filing or
priority.34.-(1) Where a patent is granted for an invention, a person who before the date
of filing of the patent application, or if priority was claimed, before the date of
priority, does in good faith in Belize, an act which would constitute an
infringement of the patent if it were then in force, or makes effective and serious
preparations in good faith to do such an act, shall have the rights specified in
subsection (2).
   (2) The rights referred to in subsection (1) shall be the following, namely:-
(a) to continue to do or, as the case may be, to do that act himself;
and
(b) if the act was done or preparations had been made to do it in the
course of a business:-
(i) to assign the right under paragraph (a);
(ii) to transmit the right under paragraph (a) to his heirs on
his death or, in the case of a body corporate, on its
dissolution, to any person who acquires that part of the
business in the course of which the act was done or
preparations had been made to do it; or
(iii) to authorise the act to be done by any partners of his for
the time being in that business,
and the doing of that act by virtue of this subsection shall not amount to an
infringement of the patent concerned.
   (3) The rights specified in subsection (2) shall not include the right to grant a
licence to any person to do an act referred to in subsection (1).
   (4) Where a product which is the subject of a patent is disposed of by any
person to another in exercise of a right conferred by subsection (2), that other and
any person claiming through him shall be entitled to deal with the product in the
same way as if it had been disposed of by a sole owner of the patent.
Exploitation by
Government or
person authorised
thereby.35.-(1) Where:-
(a) the public interest, in particular, national security, nutrition,
health, or the development of other vital sectors of the national
economy so requires; orIP/N/1/BLZ/P/3
Page 24
(b) the Minister has determined that the manner of exploitation, by
the owner of the patent or his licensee, is anti-competitive, and
he is satisfied that the exploitation of the invention in accordance
with this subsection would remedy such practice,
the Minister may decide that, even without the agreement of the owner of the
patent, a Government agency or a third person designated by the Minister may
exploit the invention.
   (2) The exploitation of the patented invention shall be limited to the purpose
for which it was authorised and shall be subject to the payment to the said ownerof an adequate remuneration therefor, taking into account the economic value of
the Minister’s authorisation, as determined in the said decision, and, where a
decision has been taken under subsection (1) (b), the need to correct anti-
competitive practices.
   (3) The Minister shall make his decision after hearing the owner of the
patent and any interested person.
   (4) A request for the Minister’s authorisation to exploit a patented invention
shall be accompanied by evidence that the owner of the patent has received, fromthe person seeking the authorisation, a request for a contractual licence, but that
that person has been unable to obtain such a licence on reasonable commercial
terms and conditions and within a reasonable time.
   (5) Subsection (4) shall not apply in cases of:-
(a) national emergency or other circumstances of extreme urgency
provided, however, that in such cases the owner of the patent
shall be notified of the Minister’s decision as soon as reasonably
practicable;
(b) public non-commercial use; and
(c) anti-competitive practices determined as such by the Minister in
accordance with subsection (1) (b).
   (6) The exploitation of a patented invention in the field of semi-conductor
technology shall only be authorised for public non-commercial use or where a
judicial or administrative body has determined that the manner of exploitation of
the patented invention, by the owner of the patent or his licensee, is anti-
competitive, and if the Minister is satisfied that the issuance of the non-voluntary
licence would remedy such practice.
   (7) The authorisation shall not exclude:-
(i) the conclusion of licence contracts by the owner of the patent; or
(ii) the continued exercise, by the owner of the patent, of his rights
under section 33(2); or
(iii) the grant of a non-voluntary licence under section 38.IP/N/1/BLZ/P/3
Page 25
   (8) Where a third person has been designated by the Minister, the
authorisation may only be transferred with the enterprise or business of that
person or with the part of the enterprise or business within which the patented
invention is being exploited.
   (9) The exploitation of the patented invention by the Government agency or
third person designated by the Minister shall be predominantly for the supply of
the market in Belize.
   (10) Upon the request of the owner of the patent, of the Government agency
or of the third party authorised to exploit the patented invention, the Ministermay, after hearing the parties, vary the terms of the decision authorising the
exploitation of the patented invention to the extent that changed circumstances
justify such variation.
   (11) Upon the request of the owner of  the patent, the Minister shall terminate
the authorisation if he is satisfied, after hearing the parties, that the circumstances
which led to his decision have ceased to exist and are unlikely to recur, or that the
Government agency or third person designated by him has failed to comply with
the terms of the decision.
   (12) Notwithstanding subsection (11), the Minister shall not terminate the
authorisation if he is satisfied that the need for adequate protection of the
legitimate interests of the Government agency or third person designated by him
justifies the maintenance of the decision.
Prevention of
indirect use of
invention.36.-(1) While in force, a patent shall confer , on its owner, the right to prevent all
persons not having his authorisation, from supplying or offering to supply in
Belize, a person (other than a person en titled to engage in commercial working of
the patented invention) with means rela ting to an essential element of that
invention, for putting it into effect therei n, provided that the person knows, or it is
obvious to a reasonable person in the circumstances that those means are suitable
for putting, and are intended to put, that invention into effect.
   (2) Subsection (1) shall not apply where the means referred to therein are
staple commercial products, except where the person induces the person supplied
to commit acts which the owner of the patent is entitled to prevent by virtue of
section 33.
   (3) Any person who commits an act referred to in paragraph (c) or (d) of
section 33(4) shall not be considered to be a person entitled to engage in
commercial working of the invention for the purposes of subsection (1).
PART I X
Voluntary And Non-Voluntary Licences
Voluntary
licences.37.-(1) Subject to section 32, the owner of a patent application or patent may
grant a licence in respect of the relevant invention.IP/N/1/BLZ/P/3
Page 26
   (2) Any licence contract concerning a patent or an application therefor shall
be filed with the Registrar who shall keep its contents confidential but shall, upon
payment of the prescribed fee, record it in the Register and publish a reference
thereto in the Journal in the manner prescribed.
   (3) Until such contract has been so recorded, the licence shall have no effect
against third parties, unless otherwise decided by the Court.
   (4) In the absence of any provision to the contrary in the terms of a licence
contract, a licensee may not extend, to another person, the authorisation conferred
on him by the owner in accordance with subsection (1), nor may he assign ormortgage his licence.
   (5) In the absence of any provision to the contrary in the terms of a licence
contract, the owner of a patent may continue to enjoy the rights conferred on him
by sections 33 and 36.
   (6) To the extent that the licence has been granted as an exclusive licence,
the owner may not grant a licence in respect of the invention to a third person and
may not himself do any of the acts referred to in sections 33 and 36.
   (7) If, before the expiration of the licence contract, any of the following
events occur with respect to any patent application or patent, the subject of that
contract:-
(a) the patent application is withdrawn or is deemed to be
withdrawn;
(b) the patent application is treated as if it had not been filed;
(c) the grant of the patent is refused; or
(d)  the patent is invalidated,
the licensee shall, from the date of the event, no longer be bound to make any
payment directly relating to that patent application or patent.
   (8) In any case referred to in subsection (7), the licensee shall have the right
to repayment of the payments already made and directly relating to the patent
application or patent in question, provided that he has not benefited from the
licence.
Non-voluntary
licences.38.-(1) At any time after the expiration of four years from the date of filing of a
patent application or three years from the date of the grant of a patent, whichever
happens later, any interested person may apply to the Court for the grant of a
non-voluntary licence under the patent on the grounds that the patented invention
is not being exploited or is being insufficiently exploited by working the
invention in Belize, or by importation into Belize.IP/N/1/BLZ/P/3
Page 27
   (2) Notwithstanding subsection (1), a non-voluntary licence shall not be
issued if the owner of the patent satisfies the Court that circumstances exist which
justify the non-exploitation or insufficient exploitation of the patented invention
in Belize.
   (3) The Court shall, where it grants a non-voluntary licence, fix:-
(a) the scope and function of the licence;
(b) the time limit within which the licensee must begin to exploit the
patented invention; and
(c) the amount of the remuneration to be paid to the owner of the
patent, and the conditions of the payment thereof.
   (4) The beneficiary of the non-voluntary licence shall:-
(a) have the right to exploit the patented invention in Belize in
accordance with the Court’s order;
(b) commence the exploitation of the patented invention within the
time stipulated in the said order; and
(c) thereafter, exploit the patented invention sufficiently.
   (5) Where the invention claimed in a patent (referred to in this section as a
“later patent”) cannot be exploited in Belize without infringing a patent granted
on the basis of an application benefiting from an earlier filing, or, where
appropriate, priority date (referred to in this section as an “earlier patent”), and
provided that the invention claimed in the later patent involves an important
technical advance of considerable economic importance in relation to the
invention claimed in the earlier patent, the Court may, upon the application of the
owner of the later patent, issue a non-voluntary licence to the extent necessary toavoid infringement of the earlier patent.
   (6) Where a non-voluntary licence is issued in accordance with
subsection (5), the Court shall, upon the application of the owner of the earlier
patent, issue a non-voluntary licence in respect of the later patent.
   (7) In the case of an application for the issuance of a non-voluntary licence
in accordance with subsections (5) and (6), subsection (3) shall apply mutatis
mutandis, except that no time limit need be fixed by the Court.
   (8) In the case of a non-voluntary licence issued under subsection (1), the
transfer may be made only with the later patent, or, in the case of a non-voluntary
licence issued under subsection (5),  only with the earlier patent.
   (9) An application for a non-voluntary licence shall be subject to payment of
the prescribed fee.
   (10) No licence shall be granted under this section in respect of a patented
invention in the field of semi-conductor technology.IP/N/1/BLZ/P/3
Page 28
(11) Section 35(2) to (12), and 62 (2) shall apply mutatis mutandis.
Exercise of
powers onapplications
under section 38.39. The powers of the Court on an application under section 38 shall be
exercised with a view to ensuring that the inventor or other person beneficiallyentitled to a patent receives adequate remuneration having regard to the economic
value of the licence.
PART X
Infringement
Infringement. 40. Subject to the provisions of sections 33 (4), 35 and 38, the performance,
in relation to a patent, of any act referred to in sections 33 and 36 without the
authorisation of the owner of the patent shall, while it is in force, constitute an
infringement.
Proceedings for
infringement.41.-(1) The owner of the patent shall, in addition to any other right, remedy or
action available to him, have the right, subject to sections 33 (4), 35, 38 and 42,
to institute court proceedings against any person who infringes the patent by
performing, without his authorisation, any of the acts referred to in section 33(2)
or who performs acts which make it likely that infringement will occur.
   (2) A plaintiff in proceedings for infringement shall be entitled to relief by
way of:-
(a) an injunction;
(b) the seizure, forfeiture or destruction of:
(i) any infringing product or article, or of any product or
article of which the infringing product or article forms aninseparable part; and
(ii) any article, instrument or thing by means of which any
infringing product or article was produced;
(c) damages;
(d) an account of the profits derived from the infringement; or
(e) any other relief provided for in the general law.
   (3) The Court shall not, in awarding damages under this section, also order,
in respect of the same infringement, that the plaintiff be given an account of the
profits derived from the infringement.
   (4) In any proceedings for infringement, the defendant may counter-claim
for the invalidation of the patent and, by way of defence, rely upon any ground onwhich a patent may be invalidated.
   (5) In any proceedings under this section, the plaintiff shall, before
instituting the proceedings, give notice thereof to every licensee under the patentIP/N/1/BLZ/P/3
Page 29
in question whose name is recorded in the Register, and any such licensee shall
be entitled to intervene as co-plaintiff.
   (6) Where a licensee requests the owner of a title of protection granted under
this Act to institute court proceedings for a specific relief and the owner fails todo so, the licensee may bring an action under this section and the Court shall
grant him any relief specified in subsection (2) or any other relief provided for in
the general law.
   (7) In any proceedings for infringement other than criminal proceedings,
where the subject matter of the patent is a process for obtaining a product, the
burden of establishing that the product was not made by the process shall rest onthe defendant if:-
(a) the product is new; or
(b) a substantial likelihood exists that the product was made using
another process and the owner of the patent has been unable
through reasonable efforts, to determine the process used.
   (8) In requiring the production of evidence, the court shall take into account
the legitimate interests of the defendant in not disclosing his manufacturing andbusiness secrets.
   (9) The Court shall, in awarding damages under this section, calculate such
damages taking into account the amount of a reasonable royalty which would
have been payable by a licensee or sub-licensee in respect of the patentconcerned.
Restrictions on
recovery of
damages forinfringement.42.-(1) In proceedings for infringement of a patent, damages shall not be
awarded, and no order shall be made for an account of profits, against a
defendant who proves that at the date of the infringement he was not aware, andhad no reasonable grounds for supposing that the patent existed; and a person
shall not be taken to have been aware or to have had reasonable grounds for so
supposing by reason only of the application to a product of the word “patent” or
“patented”, or any word or words expressing or implying that a patent has been
obtained for the product, unless the number of the patent accompanied the word
or words in question.
   (2) Where an amendment of the description of a patent has been allowed
under the provisions of this Act, no damages shall be awarded in proceedings for
an infringement of the patent committed before the decision to allow the
amendment, unless the Court is satisfied that the description as published was
framed in good faith and with reasonable skill and knowledge.
Relief for
infringement of
partially valid
patent.43.-(1) If the validity of a patent is put in issue in proceedings for infringement
of the patent and it is found that the patent is only partially valid, the Court may,
subject to subsection (2), grant relief in respect of that part of the patent which is
found to be valid and infringed.
   (2) Where in any such proceedings it is found that a patent is only partially
valid, the Court shall not grant relief by way of damages, costs or expenses,
except where the plaintiff proves that the description was framed in good faithIP/N/1/BLZ/P/3
Page 30
and with reasonable skill and knowledge and, in that event, the Court may grant
relief in respect of that part of the patent which is valid and infringed, subject to
the discretion of the Court as to costs or expenses and as to the date from which
damages should be reckoned.
   (3) As a condition of relief under this section, the Court may direct that the
description be amended to its satisfaction upon an application made for that
purpose under section 48 and an application may be so made accordingly,
whether or not all other issues in the proceedings have been determined.
Certificate of
contested validityof patent.44.-(1) Where in any proceedings before the Court the validity of a patent to any
extent is contested and that patent is found by the Court to be wholly or partiallyvalid, the Court may certify the finding and the fact that the validity of the patent
was so contested.
   (2) Where a certificate is grated under this section and in any subsequent
proceedings before the Court for infringement of the patent concerned or forinvalidation, a final order or judgment is made or given in favour of the party
relying on the validity of the patent as found in the earlier proceedings, that party
shall, unless the Court otherwise directs, be entitled to his costs or expenses as
between attorney-at-law and client (other than the costs or expenses of any appeal
in the subsequent proceedings.).
Proceedings for
infringement by
exclusive
licensee.45.-(1) Subject to the provisions of this section, the holder of an exclusive
licence under a patent shall have the same right as the owner of the patent to
bring any proceedings in respect of an y infringement of the patent committed
after the date of the licence; and references to the owner of the patent in this Actrelating to infringement shall be construed accordingly.
   (2) In awarding damages or granting any other relief in any such
proceedings, the Court shall take into account any loss suffered or likely to be
suffered by the exclusive licensee as such as a result of the infringement, or, asthe case may be, the profits derived from the infringement, so far as it constitutes
an infringement of the rights of the exclusive licensee as such.
Effect of non-
registration on
infringement
proceedings.46. Where by virtue of a transaction, instrument or an event to which
section 30 applies, a person becomes the owner or one of the owners or an
exclusive licensee of a patent and the patent is subsequently infringed, the Court
shall not award him damages or order that he be given an account of the profits inrespect of such subsequent infringement occurring before the transaction,
instrument or event is registered unless:-
(a) the transaction, instrument or event is registered within the
period of six months beginning with its date; or
(b) the Court is satisfied that it was not practicable to register the
transaction, instrument or event before the end of that period and
that it was registered as soon as was practicable thereafter.IP/N/1/BLZ/P/3
Page 31
PART XI
Invalidation Of Patent
Invalidation of
patent.47.-(1) Subject to the provisions of this Act, the Court may, on the application of
any interested party, invalidate a patent on any of the following grounds:-
(a) that the invention is not an invention as defined in this Act;
(b) that the patent concerned is not patentable under section 8 or
does not satisfy the requirements of section 9(1), (2) and (3), andsections 10 and 11; 
(c) that the invention is a matter which should, in accordance with
section 12, have been excluded from patent protection;
(d) that the patent was granted to a person who was not entitled
thereto under section 14 or 15, as the case may be;
(e) that the patentee’s application did not satisfy the requirements of
section 17 (4) to (7);
(f) that the subject matter of the patent extends beyond the content
of the patent application as filed or, if the patent was granted on a
divisional application, it extends beyond the content of the
relevant earlier application as filed; or
(g) that the protection conferred by the patent has been extended by
an amendment which should not have been allowed.
   (2) Any invalidated patent, claim or part of a claim shall be regarded as
being null and void from the date of the grant of the patent.
   (3) An application for the invalidation of a patent shall be served on the
patentee and filed with the Court in the manner and within the time prescribed.
   (4) The Registrar of the Supreme Court shall notify the Registrar of the final
decision of the Court and the Registrar shall forthwith record it and publish areference thereto in the Journal.
Amendment of
patent in
infringement orinvalidation
proceedings.48.-(1) Subject to subsection (5), in any proceedings before the Court in which
the validity of a patent is put in issue, the Court may allow the owner of the
patent to amend the patent in such manner, and subject to such terms as toadvertising the proposed amendment and as to costs, expenses or otherwise, as
the Court thinks fit.
   (2) Any interested person may give notice to the Court of his opposition to
an amendment proposed by the owner of the patent under this section, and if hedoes so the Court shall notify the owner and consider the opposition in deciding
whether the amendment should be allowed.IP/N/1/BLZ/P/3
Page 32
   (3) An amendment of a description under this section shall have effect and
shall always be deemed to have effect from the grant of the patent.
   (4) Where an application for an order under this section is made to the Court,
the applicant shall notify the Registrar who shall be entitled to appear and be
heard, and shall appear if so directed by the Court.
   (5) No amendment shall be allowed under this section if it discloses matter
which extends beyond that disclosed in the description of the granted patent or
extends the scope of the protection conferred by the patent.
PART XII
Utility Model Certificates
Application of
provisions
relating to
patents.49.-(1) Except as otherwise provided under this Part, the provisions of this Act
relating to patents and applications shall apply to utility model certificates and
applications therefor.
   (2) Sections 8, 10, 28 and 47(1) shall not apply to utility model certificates
and to applications therefor.
Qualification of
invention for
utility model
certificate.50.-(1) An invention shall qualify for a utility model certificate if it is new and
industrially applicable.
   (2) An invention for which a utility model certificate is applied for shall not
be considered new if it differs from earlier inventions only in minor respects or in
details which are immaterial to the function or application of the invention.
Duration of
utility model
certificate.51. A utility model certificate shall expire seven years after the filing date of
its application and shall not be renewed.
Invalidation of
utility model
certificate.52.-(1) Subject to the provisions of this Act, the Court may, on the application of
any interested person, invalidate a utility model certificate on any of the
following grounds:-
(a) that the invention relating to the certificate is:-
(i) not new or industrially applicable; or
(ii) contrary to public order or morality;
(b) that the description and claim or claims do not disclose the
invention in a manner which is sufficiently clear and complete to
permit a person having ordinary skill in the art to carry out the
invention, and do not indicate at least one model known to the
applicant for carrying out the invention;
(c) that the claim or claims do not define the matter for which
protection is sought;IP/N/1/BLZ/P/3
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(d) that the claim or claims are not clear or concise and are not fully
supported by the description;
(e) that the drawings necessary for the understanding of the
invention have not been filed as required under this Act; and
(f) that the person to whom the utility model certificate has been
granted is not the inventor or his successor in title.
   (2) An application for the invalidation of a utility model certificate shall be
served on the person to whom the certificate has been issued and filed with the
Court in the manner and time prescribed.
   (3) The Registrar of the Supreme Court shall notify the Registrar of the
decision of the Court to invalidate a utility model certificate and the Registrar
shall forthwith record it and publish a reference thereto in the Journal.
Conversion of
application for
utility model
certificate.53.-(1) At any time before the grant or refusal of a utility model certificate, an
applicant may, upon payment of the prescribed fee, convert his application for a
utility model certificate into an application for a patent, and the latter application
shall be accorded the filing date of the initial application.
   (2) No person may convert an application under subsection (1) more than
once.
PART XIII
International Arrangements
Application of
treaties.54. The provisions of any international treaty in respect of industrial property
to which Belize is party shall apply to matters dealt with by this Act and , in case
of conflict with the provisions of this Act, shall prevail over the latter.
Implementation
of Patent
Cooperation
Treaty.55.-(1) The Patent Cooperation Treaty (referred to in this section as ”the
Treaty”), the Regulations made thereunder, and the Administrative Instructions
made under those Regulations shall be given full effect.
   (2) Where reference is made in this section to the Treaty, such reference
shall include the Regulations and Administrative Instructions referred to insubsection (1).
   (3) The Intellectual Property Office shall process international applications
in accordance with the provisions of the Treaty, and in accordance with the
provisions of this Act and the Regulations made thereunder.
   (4) Where the provisions of this Act and the Regulations made thereunder
conflict with those of the Treaty, the provisions of the Treaty shall prevail .
   (5) An international application de signating Belize shall, subject to this
section, be treated as an application for a patent or a utility model certificate filed
under this Act having, as its filing date, the international filing date accorded
under the Treaty.IP/N/1/BLZ/P/3
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   (6) The Intellectual Property Office shall act as a receiving Office in respect
of any international application filed with it by a resident or national of Belize.
   (7) An international application filed with the Intellectual Property Office as
receiving Office shall be filed in a prescribed language and the prescribedtransmittal fee shall be paid to the Registrar within one month of the date of
receipt of the international application.
   (8) The Intellectual Property Office shall act as a designated office in respect
of an international application in which Belize is designated for the purposes of
obtaining a national patent or a utility model certificate under this Act.
   (9) The Intellectual Property Office shall act as an elected Office in respect
of an international application in which Belize is designated as referred to in
subsection (8) if the applicant elects Beliz e for the purposes of an international
preliminary examination under Chapter II of the Treaty.
   (10) The Intellectual Property Office, as designated Office or elected Office,
shall not commence the processing of an international application before the
expiration of the time limit referred to in subsection (11) except if the applicant
complies with the requirements of that subsection and files, with the Intellectual
Property Office, an express request for the early commencement of suchprocessing.
   (11) The applicant in respect of an international application designating Belize
shall, before the expiration of the time limit applicable under Article 22 or 39 of
the Treaty, or of such later time limit as may be prescribed in the Regulations -
(a) pay the prescribed fee to the Intellectual Property Office; and
(b) if the international application was not filed in, and has not been
published under the Treaty as a translation into, a prescribedlanguage, file, with the Intellectual Property Office, a translation
of the international application, containing the prescribed
contents, into such language.
   (12) Where the applicant does not comply with the requirements of
subsection (11) within the time limit referred to in that subsection, the
international application shall be consid ered as having been withdrawn for the
purposes of this Act.
   (13) In this section, the terms “designate”, “designated Office”, “elected
Office”, “international application”, “international filing date”, “international
preliminary examination” and “receiving Office” have the same meanings as inthe Treaty.
Judicial notice of
certain treaties.56.-(1) Judicial notice shall be taken of the Paris Convention, the Patent
Cooperation Treaty, or any other industrial property Convention or Treaty to
which Belize may become party, and of any bulletin, journal or gazette publishedunder such Convention or Treaty.
   (2) Any document referred to in any such bulletin, journal or gazette shall be
admissible as evidence of any instrument or other act thereby communicated, orIP/N/1/BLZ/P/3
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of any institution established by or having functions under any Convention or
Treaty referred to in subsection (1).
PART XIV
General Provisions
Changes in
ownership.57.-(1) Any changes in the ownership of a patent or utility model certificate or in
the ownership of the application therefor shall be in writing and shall, upon the
request of any interested party to the Registrar, be recorded and, except in the
case of an application, be published in the Journal.
   (2) A change under subsection (1) shall be of no effect against third parties
until it has been recorded.
Correction of
errors.58.-(1) The Registrar may, of his own volition or upon the written request of any
interested person, correct any clerical error or error in translation or transcription
in any application filed under this Act, or in any document filed in pursuance ofsuch application, and the Registrar may also correct any clerical error in the
Register.
   (2) Subsection (1) shall not be construed as giving the Registrar any power
to correct in the Register, any application or document in a material way.
Extension of
time.59.-(1) Where the Registrar is satisfied that the circumstances justify it, he may,
upon the written request of any interested person, and upon such terms as he may
direct, extend the time for doing any act or taking any proceeding under this Act
and the Regulations made hereunder.
   (2) The extension may be granted even though the time for doing the act or
taking the proceeding has expired.
   (3) The Registrar shall give written notice of any extension to the parties
concerned.
Exercise of
discretionary
powers.60. The Registrar shall, before exercising any discretionary power vested in
him by this Act or the Regulations made thereunder, give any party to a
proceeding before him the opportunity of being heard if his decision might
adversely affect that party.
Agents. 61. Every applicant whose ordinary residence or principal place of business
is outside Belize shall be represented by an attorney-at-law who is resident in
Belize and practising in Belize in accordance with the relevant law.
Jurisdiction of
Court.62.-(1) The Court shall have jurisdiction in cases of disputes relating to the
application of this Act and the Regulations, made thereunder and in matters
which, under this Act, may be brought before it.
   (2) Any person who has been aggrieved by a decision of the Minister or the
Registrar under this Act may, within two months of that decision, appeal to theCourt.
Offences. 63.-(1) Any person who intentionally or willfully performs any act which
constitutes an infringement as defined under section 40 commits and offence andIP/N/1/BLZ/P/3
Page 36
is liable to a fine of not less than fifteen thousand dollars but not more than forty
thousand dollars, or to imprisonment for a term of not less than five years but not
more than twelve years, or to both such fine and such imprisonment.
   (2) Any person who, knowing the same to be false:-
(a) makes or causes to be made a false entry in the Register;
(b) makes or causes to be made any document falsely purporting to
be a copy of an entry in the Register; or
(c) produces, tenders or causes to be produced or tendered as
evidence any such entry or copy thereof,
commits an offence and is liable to a fine of not less than ten thousand dollars,
but not more than thirty thousand dollars, or to imprisonment for not less than
three years, but not more than ten years, or to both such fine and suchimprisonment.
   (3) Any person who, knowing the same to be false, makes a false statement
or representation that-
(a) a patent or utility model certificate has been granted to him or to
any other person in respect of any invention; or
(b) he has been granted an exclusive or non-voluntary licence to use
any patent or utility model certificate,
which statement or representation induces another person to act thereon, commits
an offence and is liable to a fine of not less than five thousand dollars, but not
more than twenty thousand dollars, or to imprisonment for a term of not less than
two years, but not more than five years, or to both such fine and suchimprisonment.
   (4) Any person who falsely represents that anything disposed of by him for
value is a patented product or process shall, subject to subsections (5) to  (7),
commit an offence and be liable to a fine of not less than four thousand dollars,
but not more than ten thousand dollars.
   (5) For the purposes of subsection (4), a person who for value disposes of an
article having stamped, engraved or impressed on it or otherwise applied to it the
word “patent” or “patented” or anything expressing or implying that the article is
a patented product, shall be taken to represent that the article is a patented
product.
   (6) Subsection (4) shall not apply where the representation is made in respect
of a product after the patent for that product or, as the case may be, the process in
question has expired or been invalidated and before the end of a period which is
reasonably sufficient to enable the accu sed to take steps to ensure that the
representation is not made (or does not continue to be made).IP/N/1/BLZ/P/3
Page 37
   (7) In proceedings for an offence under this section, it shall be a defence for
the accused to prove that he used due diligence to prevent the commission of the
offence.
 (8) Any person who represents that a patent has been applied for in respect
of any article disposed of for value by him, and -
(a) no such application has been made; or
(b) any such application has been refused or withdrawn,
commits an offence and is liable to a fine of not less than four thousand dollars,
but no more than ten thousand dollars.
   (9) Subsection (8) (b) shall not apply where the representation is made in
respect of a product after the patent for that product or, as the case may be, theprocess in question has expired or been invalidated, and before the end of a
period which is reasonably sufficient to enable the accused to take steps to ensure
that the representation is not made (or does not continue to be made).
   (10) For the purposes of subsection (8), a person who for value disposes of an
article having stamped, engraved or impressed upon it or otherwise applied to it
the words “patent applied for” or “patent pending” or anything expressing or
implying that a patent has been applied for in respect of the article, shall be taken
to represent that a patent has been applied for in respect of the article.
   (11) Where an offence under this Act which has been committed by a body
corporate is proved to have been committed with the consent or connivance of, or
to be attributable to, any neglect on the part of, a director, manager, secretary or
other similar officer of the body corporate, or any person who was purporting to
act in any such capacity, he, as well as the body corporate, commits an offence
and is liable to be proceeded against and punished accordingly.
   (12) Where the affairs of a body corporate are managed by its members,
subsection (11) shall apply in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of the body
corporate.
Immunity
regarding official
acts.64. Neither the Minister nor any person employed by the State or the
Intellectual Property Office shall: -
(a) be taken to warrant the validity of any patent granted under this
Act; or
(b) incur any liability by reason of or in connection with any
examination or investigation required or authorised by this Act or
any report or other proceeding consequent upon any such
examination or investigation.
Registrar’s
annual
report.65. The Registrar shall, before 1 st June in every year, make an annual report
to the Minister with respect to the operation of this Act and the discharge of his
functions thereunder.IP/N/1/BLZ/P/3
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Saving in respect
of rights to sell
forfeited articles.66. Nothing in this Act shall affect the right of the State or any person
employed by it to dispose of or use articles forfeited under the laws relating to
customs and excise.
Time limit for
prosecution.67. A prosecution for an offence under this Act shall not be commenced after
the expiration of five years after the commission of the offence or one year after
the discovery thereof, whichever occurs last.
Regulations. 68.-(1) The Minister may make Regulations providing for any matter which is to
be prescribed under this Act, or for giving effect to the purposes of this Act.
   (2) Without derogating from the generality of subsection (1), the Minister
may make Regulations providing further details for the processing of
international applications by, and other functions of, the Registrar in connection
with the Patent Cooperation Treaty, including the fees payable, time limits,
prescribed languages and other requirements relating to internationalapplications.
Administrative
instructions69. The Registrar may issue administrative instructions relating to the
procedures under this Act, the Regulations made thereunder, and any other
enactment relating to industrial property, as well as relating to the generalfunctions of the Intellectual Property Office.
Act binding on
State.70. This Act binds the State.
Repeals.
CAP. 212,
R.E. 1980-1990.71. The Patents and Designs Act and the Registration of United Kingdom
Patents Acts of 1949 and 1977 (in so far as they have effect as part of the law of
Belize)(referred to in this section as “the former Acts”) are hereby repealed, save
that all Orders, Rules or Regulations made thereunder shall, in so far as they are
not inconsistent with this Act, continue in force until revoked by Regulationsmade under this Act.
Transitional. 72.-(1) Notwithstanding the repeal of the former Acts, patents granted
thereunder shall remain in force but shall, subject to subsection (2) and (3), be
deemed to have been granted under this Act.
   (2) Patents thus granted shall remain in force for the unexpired portion of the
period of protection provided under this Act subject to the payment of annual
maintenance fees or renewal fees provided for in this Act.
   (3) A person who on the date of the entry into force of this Act is the owner
of a patent granted in the United Kingdom or a European patent designating theUnited Kingdom or has filed an application in the United Kingdom for the grant
of a patent or an application for the grant of a European patent designating the
United Kingdom may, within 12 months of the entry into force of this Act, file an
application for the grant of a patent for the same invention under this Act, and
such application shall be accorded the filing date or priority date accorded to theapplication or grant by the United Kingdom Patent Office or by the European
Patent Office, as the case may be.IP/N/1/BLZ/P/3
Page 39
CAP. 212,
R.E. 1980-1990.
CAP. 212,
R.E. 1980-1990.   (4) Where, upon the entry into force of this Act, an application made under
the Patents and Designs Act is pending, such application shall, notwithstanding
the provisions of subsection (1), be dealt with under the said Patents and Designs
Act but the grant shall thereafter be subject to this Act.
CAP. 212,
R.E. 1980-1990.   (5) Notwithstanding subsection (1), the Patents and Designs Act shall
continue to apply so far as it is necessary to enable any person applying for a
patent before this Act comes into force to do so, but any patent thus granted shall
be deemed to have been granted under this Act.
   (6) The Minister may by Order published in the Gazette make any further
transitional or saving provisions which appear to him to be necessary or
desirable.
Commencement. 73. This Act shall come into force on such day as the Minister may , by
Order published in the Gazette , appoint.
   (2) Different days may be appointed for bringing different provisions into
force, or for bringing different purposes of the same provision into force.
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