WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/SUR/I/1
2 April 2001
(01-1637)
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
SURINAME
The present document reproduces the text1 of the Draft Industrial Property Act, as notified by
Suriname under Article 63.2 of the Agr eement (see document  IP/N/1/SUR/1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
SURINAME
Le présent document contient le texte1 du projet de loi sur la propriété industrielle, notifié par
Suriname au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/SUR/1).
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
SURINAME
En el presente documento se reproduce el texto1 del proyecto de Ley de Propiedad Industrial,
notificado por Suriname en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento
IP/N/1/SUR/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/SUR/I/1
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DRAFT INDUSTRIAL PROPERTY ACT FOR SURINAME
prepared by the International Bureau of WIPO IP/N/1/SUR/I/1
Page 3
DRAFT INDUSTRIAL PROPERTY ACT FOR SURINAME
Table of Contents
PART I:  PATENTS
Section  1: Definitions of "Patent" and of "Invention"; Matter Excluded from Patent
Protection
Section  2: Patentable Inventions
Section  3: Right to Patent;  Naming of InventorSection  4: ApplicationSection  5: Unity of Invention;  Amendment and Division of Application
Section  6: Right of Priority
Section  7: Information Concerning Corres ponding Foreign Applications and Patents
Section  8: Filing Date; ExaminationSection  9: Grant of Patent;  Changes in PatentsSection 10: Rights Conferred by PatentSection 11: Duration;  Annual FeesSection 12: Exploitation by Government or Person thereby AuthorizedSection 13: Non-Voluntary LicensesSection 14: Invalidation
PART II:  INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION
TREATY
Section 15: Interpretation of Terms Concerning the PCT
Section 16: Filing Date and Effects of International Application Designating SurinameSection 17: Office of the Registrar as Receiving OfficeSection 18: Filing of International Applications with the Office of the Registrar
Section 19: Office of the Registrar as Designated Office
Section 20: Office of the Registrar as Elected OfficeSection 21: National ProcessingSection 22: Entering National PhaseIP/N/1/SUR/I/1
Page 4
Section 23: Failure to Enter National Phase
Section 24: Processing International Applications in Accordance with Treaty
PART III:  INDUSTRIAL DESIGNS
Section 25: Definition of "Industrial Design"Section 26: Registrable Industrial DesignsSection 27: Right to Registration of Industrial Design;  Naming of CreatorSection 28: ApplicationSection 29: Examination;  Registration and Publication of Industrial DesignSection 30: Rights Conferred by Registration;  Duration;  Renewal
Section 31: Invalidation
PART IV:  MARKS, COLLECTIVE MARKS, TRADE NAMES AND ACTS OF UNFAIR
COMPETITION
Section 32: Definition of "Mark," of "Collective Mark" and of "Trade Name"
Section 33: Acquisition of the Exclusive Right to a Mark;  RegistrabilitySection 34: Application for RegistrationSection 35: Examination;  Opposition;  Registration of Mark
Section 36: Rights Conferred by Registration;  Duration;  Renewal
Section 37: Invalidation;  Removal on Grounds of Non-UseSection 38: Collective MarksSection 39: Licensing of Marks and Collective MarksSection 40: Trade NamesSection 41: Acts of Unfair Competition
PART V:  GENERAL PROVISIONS
Section 42: Changes in Ownership;  License Contracts
Section 43: AgentsSection 44: Organization of the Office of the RegistrarSection 45: Registers;  Official Bulletin
Section 46: Corrections of Errors;  Extension of TimeIP/N/1/SUR/I/1
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Section 47: Exercise of Discretionary Powers
Section 48: Competence of Court;  AppealsSection 49: Infringement;  Unlawful Acts;  Offenses
Section 50: Application of International TreatiesSection 51: Regulations;  Administrative InstructionsSection 52: InterpretationSection 53: Entry Into Force;  Repeals;  Transitional Provisions
PART I:  PATENTS
Definitions of "Patent" 1.(1)  For the purposes of this Act, "patent"
and of "Invention"; means the title granted to protect an invention.
Matter Excluded from
Patent Protection (2)(a)  For the purposes of this Act, "invention" means an
idea of an inventor which permits in practice the solution to
a specific problem in the field of technology.
(b)  An invention may be, or may relate to, a product
or a process.
(3)  The following, even if they are inventions within the
meaning of subsection (2), shall be excluded from patent
protection:
(i) discoveries, scientific theories and
mathematical methods;
(ii) schemes, rules or methods for doing
business, performing purely mental acts or
playing games;
(iii) methods for treatment of the human or
animal body by surgery or therapy, as well
as diagnostic methods practiced on the
human or animal body;  this provision shall
not apply to products for use in any of thosemethods.
Patentable Inventions 2.(1)  An invention is patentable if it is new, involves
an inventive step and is industrially applicable.
(2)(a)  An invention is new if it is not anticipated by prior
art.IP/N/1/SUR/I/1
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(b)  Prior art shall consist of everything disclosed to
the public, anywhere in the world, by publication in tangible
form or by oral disclosure, by use or in any other way, prior
to the filing or, where appropriate, the priority date, of the
application claiming the invention.
(c)  For the purposes of paragraph (b), disclosure to
the public of the invention shall not be taken into
consideration if it occurred within twelve months preceding
the filing date or, where applicable, the priority date of the
application, and if it was by reason or in consequence of
acts committed by the applicant or his predecessor in title orof an abuse committed by a third party with regard to the
applicant or his predecessor in title.
(3)  An invention shall be considered as involving an
inventive step if, having regard to the prior art relevant tothe application claiming the invention and as defined in
subsection (2)(b), it would not have been obvious to a
person having ordinary skill in the art.
(4)  An invention shall be considered industrially
applicable if it can be made or used in any kind of industry.
"Industry" shall be understood in its broadest sense;  it shall
cover, in particular, handicraft, agriculture, fishery and
services.
(5)  Inventions the commercial exploitation of which
would be contrary to public order or morality shall not be
patentable.
Right to Patent; 3.(1)  The right to a patent shall belong to the
Naming of Inventor inventor.
(2)  If two or more persons have jointly made an
invention, the right to the patent shall belong to them
jointly.
(3)  If and to the extent to which two or more persons
have made the same invention independently of each other,
the person whose application has the earliest filing date or,
if priority is claimed, the earliest validly claimed priority
date shall have the right to the patent, as long as the said
application is not withdrawn, abandoned or rejected.
(4)  The right to a patent may be assigned, or may be
transferred by succession.
    (5) Where an invention is made in execution of an
employment contract, the right to the patent shall belong, in
the absence of contractual provisions to the contrary, to the
employer.IP/N/1/SUR/I/1
Page 7
(6)  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 he wishes not to
be named.  Any promise or undertaking by the inventormade to any person to the effect that he will make such a
declaration shall be without legal effect.
Application 4.(1)  The application for a patent shall be filed with the
Registrar and shall contain a request, a description, one or
more claims, one or more drawings (where required), and an
abstract.  It shall be subject to the payment of the prescribedapplication fee.
(2)(a)  The request shall contain a petition to the effect
that a patent be granted, the name of and other prescribed
data concerning the applicant, the inventor and the agent, ifany, and the title of the invention.
(b)  Where the applicant is not the inventor, the
request shall be accompanied by a statement justifying the
applicant's right to the patent.
(3)  The description shall disclose the invention in a
manner sufficiently clear and complete for the invention to
be carried out by a person having ordinary skill in the art,
and shall, in particular, indicate at least one mode known tothe applicant for carrying out the invention.
(4)(a)  The claim or claims shall define the matter for
which protection is sought.  The description and the
drawings may be used to interpret the claims.
(b)  Claims shall be clear and concise.  They shall be
fully supported by the description.
(5)  Drawings shall be required when they are necessary
for the understanding of the invention.
(6)  The abstract shall merely serve the purpose of
technical information;  in particular, it shall not be taken
into account for the purpose of interpreting the scope of the
protection.
(7)  The applicant may, up to the time when the
application is in order for grant, withdraw the application at
any time during its pendency.IP/N/1/SUR/I/1
Page 8
Unity of Invention; Amendment 5.(1)  The application shall relate to one invention only
and Division of Application or to a group of inventions so linked as to form a single
general inventive concept.
(2)  The applicant may, up to the time when the
application is in order for grant, amend the application,
provided that the amendment shall not go beyond the
disclosure in the initial application.
(3)(a)  The applicant may, up to the time when the
application is in order for grant, divide the application into
two or more applications ("divisional applications"),provided that each divisional application shall not go
beyond the disclosure in the initial application.
(b)  Each divisional application shall be entitled to the
filing date and, where applicable, the priority date of theinitial application.
(4)  The fact that a patent has been granted on an
application that did not comply with the requirement of
unity of invention under subsection (1) shall not be a groundfor the invalidation of the patent.
Right of Priority 6.(1)  The application may contain a declaration claiming
the priority, as provided for in the Paris Convention, of one
or more earlier national, regional or internationalapplications filed by the applicant or his predecessor in title
in or for any State party to the said Convention [or any
Member of the World Trade Organization].
(2)  Where the application contains a declaration under
subsection (1), the Registrar may request that the applicant
furnish, within the prescribed time limit, a copy of theearlier application certified as correct by the Office with
which it was filed.
(3)  The effect of the said declaration shall be as provided
in the Paris Convention.
(4)  If the Registrar finds that the requirements under this
Section and the Regulations pertaining thereto have not
been fulfilled, the said declaration shall be considered not to
have been made.
 Information Concerning 7.(1)  The applicant shall, at the request of the
Corresponding Foreign Registrar , furnish him with the date and
Applications and Patents number of any application for a patent filed by him abroad
("foreign application") relating to the same or essentially thesame invention as that claimed in the application filed with
the Office of the Registrar.IP/N/1/SUR/I/1
Page 9
(2)(a)  The applicant shall, at the request of the Registrar,
furnish him with the followin g documents relating to one of
the foreign applications referred to in subsection (1):
(i) 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;
(ii) a copy of the patent granted on the basis of
the foreign application;
(iii) a copy of any final decision rejecting the
foreign application or refusing the grant
requested in the foreign application.
(b)  The applicant shall, at the request of the Registrar,
furnish him with a copy of any final decision invalidating
the patent granted on the basis of the foreign application
referred to in paragraph (a).
(3)  Subsection (2) (i) and (iii) shall not apply where the
Office of the Registrar is an elected Office in the meaning
of Section 15(ii) and has received or will receive an
international preliminary examination report.
Filing Date; 8.(1)(a)  The Registrar shall accord as the
Examination filing date the date of receipt of the application, provided
that, at the time of receipt, the application contains:
(i) an express or implicit indication that the
granting of a patent is sought;
(ii) indications allowing the identity of the
applicant to be established;
(iii) a part which, on the face of it, appears to be
a description of an invention.
(b)  If the Registrar finds that the application did not,
at the time of receipt, fulfill the requirements referred to in
paragraph (a), he shall invite the applicant to file the
required correction and shall accord as the filing date the
date of receipt of the required correction, but if nocorrection is made, the application shall be treated as if it
had not been filed.
(2)  Where the application refers to drawings which in
fact are not included in the application, the Registrar shallinvite the applicant to furnish the missing drawings.  If the
applicant complies with the said invitation, the Registrar
shall accord as the filing date the date of receipt of the
missing drawings.  Otherwise, the Registrar shall accord asIP/N/1/SUR/I/1
Page 10
the filing date the date of receipt of the application and shall
treat any reference to the said drawings as non-existent.
(3)  After according a filing date, the Registrar shall
examine whether the application complies with therequirements of Section 4(1) and (2) and the Regulations
pertaining thereto and those requirements of this Act and the
Regulations which are designated by the Regulations as
formal requirements for the purposes of this Act and
whether information requested under Section 7, if any, has
been provided.
[(4)  Where the Registrar is of the opinion that the
application complies with the requirements indicated in
subsection (3), the Registrar shall, as provided for in the
Regulations, cause the application to be examined as to
whether the requirements of Sections 1(2) and (3), 2, 4(3),(4) and (5) and 5 and the Regulations pertaining thereto are
fulfilled.]
[(5)  The Registrar shall take into account, for the
purposes of examination under subsection (4),
(i) the results of an international search and
preliminary examination report established
in accordance with the provisions of
Chapter X of the PCT;  and/or
(ii) a search and examination report submitted
under Section 7(2)(i) relating to, or a final
decision submitted under Section 7(2)(iii)
on the refusal to grant a patent on, a
corresponding foreign application;  and/or
(iii) a search and examination report which was
carried out upon his request by an external
search and examination authority.]
Grant of Patent; 9.(1)  Where the Registrar finds that the conditions
Changes in Patents referred to in Section 8(3) [and (4)] are fulfilled, he shall
grant the patent.  Otherwise, he shall refuse the application
and notify the applicant of that decision.
(2)  When he grants a patent, the Registrar shall:
(i) publish a reference to the grant of the
patent;
(ii) issue to the applicant a certificate of the
grant of the patent and a copy of the patent;
(iii) record the patent;IP/N/1/SUR/I/1
Page 11
(iv) make available copies of the patent to the
public, on payment of the prescribed fee.
[(3)  The Registrar shall, whenever possible, reach a final
decision on the application not later than two years after thecommencement of the examination referred to in
Section 8(4).]
(4)  The Registrar shall, upon request of the owner of the
patent, make changes in the text or drawings of the patent in
order to limit the extent of the protection conferred thereby,
provided that the change would not result in the disclosurecontained in the patent going beyond the disclosure
contained in the initial application on the basis of which the
patent was granted.
Rights Conferred by 10.(1)  The exploitation of the patented
Patent invention in Suriname by persons other than the
owner of the patent shall require the latter's agreement.
(2)  For the purposes of this Act, "exploitation" of a
patented invention means any of the following acts:
(a)  when the patent has been granted in respect of a
product:
(i) making, importing, offering for sale, selling
and using the product;
(ii) stocking such product for the purposes of
offering for sale, selling or using;
(b)  when the patent has been granted in respect of a
process:
(i) using the process;
(ii) doing any of the acts referred to in
paragraph (a) in respect of a productobtained directly by means of the process.
(3)  The owner of the patent shall, in addition to any
other rights, remedies or actions available to him, have the
right, subject to subsection (4) hereof and Section 12, toinstitute court proceedings against any person who infringes
the patent 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.
(4)(a)  The rights under the patent shall not extend:IP/N/1/SUR/I/1
Page 12
(i) to acts in respect of articles which have
been put on the market in Suriname by the
owner of the patent or with his consent; or
(ii) to the use of articles on aircraft, land
vehicles or vessels of other countries which
temporarily or accidentally enter the
airspace, territory or waters of Suriname;  or
(iii) to acts done only for experimental purposes
relating to a patented invention;  or
(iv) to 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 Suriname, was using the invention orwas making effective and serious
preparations for such use.
(b)  The right of prior user referred to in paragraph
(a)(iv) may be transferred or devolve only together with theenterprise or business, or with that part of the enterprise or
business, in which the use or preparations for use have been
made.
 Duration;  11.(1)  Subject to subsection (2), a patent
Annual Fees shall expire 20 years after the filing date of the application
for the patent.
(2)  In order to maintain the patent or patent application,
an annual fee shall be paid in advance to the Registrar for
each year, starting one year after the filing date of the
application for grant of the patent.  A period of grace of sixmonths shall be allowed for the late payment of the annual
fee on payment of the prescribed surcharge.  If an annual fee
is not paid in accordance with the provisions of this
subsection, the patent application shall be deemed to have
been withdrawn or the patent shall lapse.
Exploitation by Government 12.(1) Where
or Person thereby Authorized
(i) the public interest, in particular, national
security, nutrition, health or the
development of other vital sectors of the
national economy so requires, or
(ii) the [name of the competent judicial or
administrative body to be inserted] has
determined that the manner of exploitation,
by the owner of the patent or his licensee, is
anti-competitive, and the Minister isIP/N/1/SUR/I/1
Page 13
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 a patented
invention.
(2)  The exploitation of the patented invention shall be
limited to the purpose for which it was authorized and shall
be subject to the payment to the said owner of an adequateremuneration therefor, taking into account the economic
value of the Minister's authorization, as determined in the
said decision, and, where a decision has been taken under
paragraph (ii) of subsection (1), the need to correct anti-
competitive practices.  The Minister shall take his decisionafter hearing the owner of the patent and any interested
person if they wish to be heard.
(3)(a)  A request for the Minister's authorization shall be
accompanied by evidence that the owner of the patent hasreceived, from the person seeking the authorization, a
request for a contractual license, but that that person has
been unable to obtain such a license on reasonable
commercial terms and conditions and within a reasonable
time.
(b)  Paragraph (a) of this subsection shall not apply
in cases of
[(i)] national emergency or other
circumstances of extreme urgency provided,
however, that in such cases the owner of the patentshall be notified of the Minister's decision as soon as
reasonably practicable [,
(ii) public non-commercial use, and
(iii) anti-competitive practices
determined as such by a judicial or administrative
body in accordance with subsection (1)(ii)].
(4)  The exploitation of a patented invention in the field
of semi-conductor technology shall only be authorized
either 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 Ministeris satisfied that the issuance of the non-voluntary license
would remedy such practice.
(5)  The authorization shall not exclude:IP/N/1/SUR/I/1
Page 14
(i) the conclusion of license contracts by the
owner of the patent;  or
(ii) the continued exercise, by the owner of the
patent, of his rights under Section 10(2);  or
(iii) the issuance of a non-voluntary license
under Section 13.
(6)  Where a third person has been designated by the
Minister, the authorization may only be transferred with theenterprise or business of that person or with the part of the
enterprise or business within which the patented invention is
being exploited.
The Minister may terminate the authorization under  paragraph (a)  in the following cases, for
example:  (i) where a Government agency or third person designated by the Minister has, within the
time limit, if any, fixed in the Minister's decision, neither begun the exploitation of the patented
invention in Suriname nor made serious preparations toward such exploitation;  (ii) where the
beneficiary of the authorization has gone beyond the scope of the authorization as fixed in theMinister's decision;  or (iii) where the beneficiary of  the authorization is in arrears in respect of the
payment due, according to the Minister's decision.
In these cases, cancellation is a sanction imposed on the beneficiary of the authorization for the
failure to comply with his obligations as set out in the Minister's decision.  An example of a reasonthat could result in the termination of the authorization because of changed circumstances would be
that it is no longer in the public interest that the patent should be exploited because another product
with the same or similar features has been developed and put on the market in sufficient quantities in
the meantime.  However, the authorization will not be terminated in any case if circumstances exist
justifying its maintenance (paragraph (b)),  as account has to be taken of the investments and
preparations made by the beneficiary, which would be completely wasted if the authorization were
terminated.  The beneficiary's interest in the ma intenance of the authoriz ation would, however, only
be considered to be legitimate if the change in th e circumstances which gave rise to the request was
not caused by the beneficiary.
(7)  [The exploitation of the invention by the
Government agency or third person designated by the
Minister shall be predominantly for the supply of the market
in Suriname].
Alternative:
(7)  [Where the exploitation of the invention by the
Government agency or third person designated by the
Minister is authorized under subsection (1)(i), it shall be
predominantly for the supply of the market in Suriname.]
(8)  Upon request of the owner of the patent, of the
Government agency or of the third person authorized to
exploit the patented invention, the Minister may, afterIP/N/1/SUR/I/1
Page 15
hearing the parties, if either or both wish to be heard, vary
the terms of the decision authorizing the exploitation of the
patented invention to the extent that changed circumstances
justify such variation.
(9)(a)  Upon the request of the owner of the patent, the
Minister shall terminate the authorization if he is satisfied,
after hearing the parties, if either or both wish to be heard,
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
(b)  Notwithstanding paragraph (a), the Minister shall
not terminate the authorization if he is satisfied that the need
for adequate protection of the legitimate interests of the
Government agency or third person designated by himjustifies the maintenance of the decision.
Section 13 :
Under this Section, the Registrar or the Court, if a judicial procedure is preferred, may issue
non-voluntary licenses in the case of non-exploita tion (by local working or importation) of the
patented invention and for the exploitation of dependent patents.  As stated in the Commentary on
Section 12, above, the Registrar or the Court could also be entrusted with the grant of non-voluntary
licenses on the grounds referred to in Section 12(1)(i) and (ii).  There would then, it is suggested, be
no need for allowing additional requests for an authorization by the Minister to exploit the patentedinvention on the said grounds.
(10)  The decisions of the Minister under subsections (1)
to (9) may be the subject of an appeal before the [...] Court.
Non-Voluntary Licenses 13(1)(a)  On request, made to the [Registrar] [Court] after
the expiration of a period of four years from the date of
filing of the patent application or three years from the date
of the grant of the patent, whichever period expires last, the
[Registrar] [Court] may issue a non-voluntary license if [he]
[it] is satisfied that the patented invention is not exploited oris insufficiently exploited, by working the invention locally
or by importation, in Suriname.
(b)  Notwithstanding paragraph (a) of this subsection,
a non-voluntary license shall not be issued if the owner ofthe patent satisfies the [Registrar] [Court] that
circumstances exist which justify the non-exploitation or
insufficient exploitation of the patented invention in
Suriname.
(2)  The decision issuing the non-voluntary license
shall fix
(i)  the scope and function of the license,IP/N/1/SUR/I/1
Page 16
(ii)  the time limit within which the licensee
must begin to exploit the patented invention,
and
(iii)  the amount of the adequate remuneration
to be paid to the owner of the patent and the
conditions of payment.
(3)  The beneficiary of the non-voluntary license shall
have the right to exploit the patented invention in Suriname
according to the terms set out in the decision issuing thelicense, shall commence the exploitation of the patented
invention within the time limit fixed in the said decision
and, thereafter, shall exploit the patented invention
sufficiently.
Where the issuance of a non-voluntary license or the variation of its terms or its termination is
requested, subsection (9) provides that subsections (2)  to (10) of Section 12 shall apply mutatis
mutandis .  This means, in particular, that references to the Minister’s authorization would have to be
read as references to the non-voluntary license issued or requested to be issued by the Registrar.
(4)  If the invention claimed in a patent (“later patent”)
cannot be exploited in the country without infringing a
patent granted on the basis of an application benefiting from
an earlier filing or, where appropriate, priority date (“earlier
patent”), and provided that the invention claimed in the laterpatent involves an important technical advance of
considerable economic importance in relation to the
invention claimed in the earlier patent, the [Registrar]
[Court], upon the request of the owner of the later patent,
may issue a non-voluntary license to the extent necessary to
avoid infringement of the earlier patent.
(5)  Where a non-voluntary license is issued under
subsection (4), the [Registrar ] [Court], upon the request of
the owner of the earlier patent, shall issue a non-voluntary
license in respect of the later patent.
(6)  In the case of a request for the issuance of a non-
voluntary license under subsections (3) and (4), subsection
(2) shall apply mutatis mutandis  with the proviso that no
time limit needs to be fixed.
(7)  In the case of a non-voluntary license issued under
subsection (3), the transfer may be made only with the later
patent, or, in the case of a non-voluntary license issued
under subsection (4), only with the earlier patent.
(8)  The request for the issuance of a non-voluntary
license shall be subject to payment of the prescribed fee.
(9)  Section  12(2) to (10) shall apply mutatis mutandis .IP/N/1/SUR/I/1
Page 17
Section 14
It is essential, in any law on inventions, to provide for the possibility of invalidating patents
not satisfying specific fundamental requirements of the law.  Such a possibility should be provided
for, in particular, if a country does not adopt the system in which patent applications are substantivelyexamined.
This Section provides for a judicial procedure for the invalidation of the patent since it is
preferable to entrust this delicate task to an authority independent of the one that granted the patent.
The request to the court to invalidate a patent may be made in proceedings instituted for that purpose
or as a counterclaim in a defense to an infrin gement suit initiated by the owner of the patent.
Invalidation 14.(1)  Any interested person may request the court to
invalidate a patent.
   (2)  The court shall invalidate the patent if the person
requesting the invalidation proves that any of the
requirements of Sections 1(2) and (3), 2 and 4(3), (4) and
(5) is not fulfilled or if the owner of the patent is not the
inventor or his successor in title.
(3)  Any invalidated patent, or claim or part of a claim,
shall be regarded as null and void from the date of the grant
of the patent.
(4)  The final decision of the court shall be notified to
the Registrar who shall record it and publish a reference
thereto as soon as possible.
PART II
INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION TREATY
Part II contains provisions for implementing the Patent Cooperation Treaty in the Industrial
Property Act of Suriname, in particular for the processing by the Office of the Registrar of Suriname,
of international applications filed under that Trea ty, including processing in both the international
phase and the national phase.
The provisions proposed for inclusion in the Act itself relate to the most important obligations
and functions of Suriname under the Treaty and to the most important requirements which must be
complied with in relation to international applications.  The general terms in which Sections 16, 17,19 and 20 are expressed give the Office of the Registrar the necessary authority to carry out all of the
functions of a receiving Office, designated Office and elected Office which are envisaged by the
Treaty.  Having established the main principles in the Industrial Property Act itself, other matters may
be dealt with, pursuant to Section 24, in the Regulations under the Industrial Property Act.  Certain
provisions suggested for inclusion in the Regulations are included in this Commentary.
In view of the fact that there may be some matters where the provisions of the Industrial
Property Act are in conflict with those of the Treaty  in connection with the processing of international
applications and that such possible conflicts may not always be recognized, or may not be importantIP/N/1/SUR/I/1
Page 18
enough or frequent enough to warrant the inclusion of specific provisions when the implementing
provisions are finalized, general provisions are included in Section 24 to ensure that the provisions of
the Treaty will always apply to the processing of international applications, and to enable such
conflicts to be resolved in the Regulations under the Industrial Property Act.
Section 15
This Section provides definitions of “Patent Cooperation Treaty” and of certain expressions
used in the Part, those expressions being defined to have the same meanings as in the Treaty itself (see
particularly the definitions in Article 2 of the Treaty).
Section 16
This Section enacts the fundamental obligation of Article 11(3) of the Treaty.  Thus, an
international application designating Suriname (w hich may be filed with any receiving Office under
the Treaty) has the effect of a regular national application in Suriname as of the international filingdate accorded under the Treaty, which date shall be considered to be the actual filing date in
Suriname.
PART II
INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION TREATY
Interpretation of Terms 15.  For the purposes of this Act:
Concerning the PCT
(i) "Patent Cooperation Treaty" means the
Patent Cooperation Treaty done at
Washington on June 19, 1970;
(ii) "designate," "designated Office," "elect,"
"elected Office," "international application,"
"international filing date," "internationalpreliminary examination" and "receiving
Office" have the same meanings as in the
Patent Cooperation Treaty.
Filing Date and 16.  An international application designating Suriname
Effects of International shall, subject to this Part, be treated as an
Application Designating application for a patent filed under this Act having
Suriname as its filing date the international filing date accorded under
the Patent Cooperation Treaty.
Section 17
Section 18
This Section provides that an international application filed with the Office of the Registrar as
receiving Office shall be filed in the prescribed la nguage or one of the prescribed languages.  This
Section also subjects the filing of an international application with the Office of the Registrar to the
payment of a transmittal fee to be prescribed in the Regulations under the Industrial Property Act.IP/N/1/SUR/I/1
Page 19
It should be noted that, under Rule 12.1(a) of the Regulations under the Treaty, the Office of
the Registrar as receiving Office may accept any langua ge for the filing of international applications;
however, under Rule 12.3(b) of the Regulations under the Treaty, the Office of the Registrar as
receiving Office must accept at least one language which is both a language accepted by theInternational Searching Authority or, if applicable, by at least one of the International Searching
Authorities, competent for the international search ing of international applications filed with the
Office of the Registrar as receiving Office, and a language of publication.  It should be further noted
that, under Rule 12.3 of the Regulations under the Treaty, where the international application is filed
in a language that is accepted by the Office of the Registrar as receiving Office but not by the
International Searching Authority that is to carry out the international search, the applicant has to
furnish to the Office of the Registrar as receiving Office a translation of the international applicationinto a language into a language prescribed by Rule 12.3(a) of the Regulations under the Treaty.
Office of the Registrar 17.(1)  The Office of the Registrar shall,
as Receiving Office unless an agreement is in force under subsection (2), act as a
receiving Office in respect of any international
application filed with it by a resident or national of
Suriname.
(2)  [With the consent of the Minister, the] [The]
Office of the Registrar may make an agreement of the kind
referred to in Rule 19.1(b) of the Regulations under the
Patent Cooperation Treaty whereby [an intergovernmental
organization or the national Office of another Contracting
State of the Patent Cooperation Treaty] shall act instead ofthe Office of the Registrar as receiving Office for applicants
who are residents or nationals of Suriname.
Filing of International 18.  An international application filed with the
Applications with the Office of the Registrar as receiving Office
Office of the Registrar shall be filed in the prescribed language and the prescribed
transmittal fee shall be paid to theOffice of the Registrar.
Section 19
This Section provides that the Office of the Registrar is to undertake the functions of a
designated Office in relation to an international application in which Suriname is designated for the
purposes of obtaining a national patent under the Industrial Property Act.  Should Suriname become a
member of the Harare Protocol, then the possibility of designating Suriname for the purposes of
obtaining a regional patent would be governed, pursuant to Article 45(1) of the Patent Cooperation
Treaty, by the regional patent treaty.
The international phase of the PCT proced ure includes receipt and checking of the
international application and according of an in ternational filing date by the receiving Office,
international search by an International Searching Authority and international publication by the
International Bureau of WIPO.  By the end of the international phase, the applicant must, if theinternational application is to proceed as an application under the Industrial Property Act of Suriname,
enter the national phase of processing within the applicable time limit by paying the prescribed fee
and, if necessary, filing a translation (see Section 22).  The Office of the Registrar will then
commence processing of the international application in its capacity as a designated Office in theIP/N/1/SUR/I/1
Page 20
national phase of processing.  The Office of the Registrar will have, for this purpose, the published
pamphlet, prepared by the International Bureau, containing the international application and the
international search report prepared by the International Searching Authority.
Section 20
This Section provides that the Office of the Registrar is to carry out the functions of an
elected Office in respect of an international application if the applicant files a demand for
international preliminary examination under Chapter II of the Treaty and elects Suriname as a State in
which he intends to use the results of that examination.  Suriname may only be elected if it is
designated in the international application (see Section 19).  Where a demand for international
preliminary examination is filed, the international ap plication is sent to an International Preliminary
Examining Authority, which establishes an international preliminary examination report giving a non-
binding opinion on the novelty, inventive step and industrial applicability of the invention as claimed
in the international application.  A copy of that report is sent to the Office of the Registrar in its
capacity as an elected Office.  Provided that the applicant enters the national phase of processing by
paying the prescribed fee and, if necessary, filing a translation (see Section 22), national processingwill then be undertaken by the Office of the Registrar as an elected Office.
Different time limits for entering the national phase apply depending on whether or not
Suriname is elected before the expiration of 19 months from the priority date of the international
application (see Section 22 and Articles 22 and 39 of the Treaty).
Section 21
This Section gives effect to Articles 23 and 40 of the Treaty, which Articles require
designated and elected Offices not to commence national processing of an international applicationuntil the expiration of the applicable time limit under Article 22 or 39 of the Treaty (see Section 22),
except on express request by the applicant.
Office of the Registrar 19.  The Office of the Registrar shall act
as Designated Office as a designated Office in respect of an international
application in which Suriname is designated for the
purposes of obtaining a national patent under this Act.
Office of the Registrar 20.  The Office of the Registrar shall act
as Elected Office as an elected Office in respect of an international
application in which Suriname is designated as
referred to in Section 19 if the applicant elects Suriname forthe purposes of international preliminary examination under
Chapter II of the Patent Cooperation Treaty.
National Processing 21.  The Office of the Registrar as designated Office or
elected Office shall not commence processing of aninternational application designating Suriname before the
expiration of the time limit referred to in Section 22 except
if the applicant complies with the requirements of that
Section and files with the Office of the Registrar an express
request for early commencement of such processing.IP/N/1/SUR/I/1
Page 21
Section 22
This Section sets out the steps which must be undertaken by an applicant, in accordance with
Articles 22 and 39 of the Treaty, in order to enter the national phase of processing before the Office of
the Registrar of an international application designating Suriname.  Those steps are payment of theprescribed fee and, if necessary, the filing of a translation of the international application into English.
The filing of a translation will be necessary if the international application itself was not filed in, or
has not been published under the Treaty as a translation into, English.  An international application is
published under the Treaty as a translation only in cases where the international application was filed
in a language other than one of the languages of publication under the Treaty (see PCT Rule 48.3(a)
of the Regulations under the Treaty), in which case the international application will be published as a
translation into either one of the languages of publication (see PCT Rule 48.3(a) to (c) of theRegulations under the Treaty) or into English (see PCT Rule 48.3(b) of the Regulations under the
Treaty).
The steps referred to in this Section must be taken within the time limit applicable under
Article 22 or 39 of the Treaty (20 months from the priority date, or 30 months from the priority date ina case where Suriname was elected for the purposes of international preliminary examination under
Chapter II of the Treaty before the expiration of 19 months from the priority date), or within such later
time limit as may be prescribed in the Regulations.  Many Contracting States of the Treaty have
prescribed later time limits for this purpose.  It is suggested that the Regulations under the Industrial
Property Act prescribe time limits of 21 and 31 months for Articles 22 and 39, respectively.  SuitableRules to be included in the Regulations as to the prescribed time limit, the prescribed language(s) and
the prescribed contents of the translation would be as follows:
(..)  Where Suriname was not, before the expiration of 19 months from the priority date
referred to in Article 2(xi) of the Patent Cooperation Treaty, elected for the purposes of internationalpreliminary examination:
(a)  the time limit referred to in Section 22 of the Industrial Property Act shall be 21 months
from that date;
(b)  the translation of the international applicat ion referred to in that Section shall include a
translation into English of:
(i) the description;(ii) the claims (if amended under Article 19 of the Patent Cooperation Treaty, as
so amended);
(iii) any text matter of the drawings;  and(iv) the abstract.
Entering 22.  The applicant in respect of an international
National Phase application designating Suriname shall, before the
expiration of the time limit applicable under Article 22 or 39
of the Patent Cooperation Treaty or of such later time limitas may be prescribed in the Regulations:
(i) pay the prescribed fee to the Office of the
Registrar; andIP/N/1/SUR/I/1
Page 22
(ii) if the international application was not filed
in, or has not been published under the
Patent Cooperation Treaty as a translation
into English, file with the Office of theRegistrar a translation of the international
application, containing the prescribed
contents, into English.
(..)  Where Suriname was, before the expiration of 19 months from the priority date referred
to in Article 2(xi) of the Patent Cooperation Tr eaty, elected for the purposes of international
preliminary examination:
(a)  the time limit referred to in Section 22 of the Industrial Property Act shall be 31 months
from that date;
(b)  the translation of the international applicat ion referred to in that Section shall include a
translation into English of:
(i) the description (if amended by any amendments annexed to the international
preliminary examination report, as so amended);
(ii) the claims (if amended by any amendments annexed to that report, as so
amended);
(iii) any text matter of the drawings (if amended by any amendments annexed to
that report, as so amended);  and
(iv) the abstract.
(..)  Where the applicant fails to file a transla tion of an amendment referred to in Rule (..) or
(..), the Office of the Registrar shall invite the ap plicant to furnish the missing translation within a
time limit which shall be reasonable in the circumstances and shall be fixed in the invitation.  If the
missing translation is not furnished within that time limit, the amendment shall be disregarded for thepurposes of the further processing of the international application by the Office of the Registrar.
Section 23
This Section provides for the international application to be considered withdrawn for the
purposes of the Industrial Property Act if the applicant does not take the necessary steps set out in
Section 22 in order to enter the national phase of processing.
Failure to Enter 23.  If the applicant does not comply with the
National Phase requirements of Section 22 within the time limit
referred to in that Section, the international application shall
be considered withdrawn for the purposes of this Act.
Section 24
Processing 24.(1)  The Office of the Registrar shall
International process international applications in accordance
Applications with the provisions of the Patent CooperationIP/N/1/SUR/I/1
Page 23
in Accordance Treaty, the Regulations established thereunder and the
with Treaty Administrative Instructions under those Regulations
and with the provisions of this Act and the Regulations
thereunder.  In the event of conflict, the provisions of the
Patent Cooperation Treaty, the Regulations thereunder andthe Administrative Instructions under those Regulations
shall apply.  The Regulations under this Act may provide
for the processing of international applications in such a
case.
(2)  Further details concerning the processing of
international applications by, and other functions of, theOffice of the Registrar in connection with the Patent
Cooperation Treaty, including fees payable, time limits and
other requirements in relation to international applications,
may be included in the Regulations.
PART III
INDUSTRIAL DESIGNS
PART III
INDUSTRIAL DESIGNS
Definition of 25.(1)  For the purposes of this Act, any
“Industrial Design” composition of lines or colors or any three-dimensional
form, whether or not associated with lines or colors, is
deemed to be an industrial design, provided that such
composition or form gives a special appearance to a product
of industry or handicraft and can serve as a pattern for a
product of industry or handicraft.
(2)  The protection under this Act does not extend 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 features of appearance.
Section 27
The provisions of this Act which apply to patents are made applicable, with due alterations, to
industrial designs with regard to:  the right to registration of an industrial design;  industrial designscreated jointly by two or more persons;  the right to assign a registered industrial design;  and the right
of the creator of an industrial design to be named in the registration (see comments on Section 3,
above).
Section 28
This Section deals with the requirements of an application for registration of an industrial
design and is to be supplemented by the Implementing Regulations.IP/N/1/SUR/I/1
Page 24
Registrable 26.(1)  An industrial design is registrable if it
Industrial Designs is new.
(2)  An industrial design shall be 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 priority date
of the application for registration.  Section 2(2)(c) shall
apply mutatis mutandis .
(3)  Industrial designs that are contrary to public order
or morality shall not be registrable.
Right to Registration 27.  Section 3 shall apply mutatis mutandis .
of Industrial Design;
Naming of Creator
Application 28.(1)  The application for registration of an industrial
design shall be filed with the Registrar and shall contain a
request, drawings, photographs or other adequate graphic
representations of the article embodying the industrialdesign and an indication of the kind of products for which
the industrial design is to be used.  It may be accompanied
by a specimen of the article embodying the industrial
design, where the industrial design is two-dimensional.  The
application shall be subject to the payment of the prescribedapplication fee.
(2)  Where the applicant is not the creator, the request
shall be accompanied by a statement justifying the
applicant's right to the registration of the industrial design.
(3)  Section 6 shall apply mutatis mutandis.
(4)  Two or more industrial designs may be the subject
of the same application, provided they relate to the same
class of the International Classification or to the same set or
composition of articles.
(5)  The 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 12
months from the date of filing or, if priority is claimed, fromthe date of priority, of the application.
Section 29
This draft Act provides only for a formal, but not a substantive (in particular as regards
novelty), examination of industrial design applications.  A substantive examination would require a
large collection of industrial designs published anywhe re in the world and could not be exhaustive.  A
system providing only for formal examination is considered appropriate, since registered industrial
designs may be subject to proceedings for their invalidation where appropriate.IP/N/1/SUR/I/1
Page 25
The procedure is that industrial designs are registered after the positive result of a formal
examination, an examination as regards the right of th e applicant, where he is not the creator, to the
registration of the industrial design and an examination for compliance with the definition of
"industrial design" and with the requirements of public order and morality, without any oppositionproceedings being entertained.  Invalidation proceedings may be instituted under Section 31.
(6)  The applicant may withdraw the application at any
time during its pendency.
Examination; 29.(1)  The Registrar shall accord as the filing
Registration date the date of receipt of the application, providedand Publication that, at the time of receipt, the application contains
of Industrial Design indications allowing the identity of the applicant to be
established and the required graphic representation of the
article embodying the industrial design.  Section 8(1)(b)
shall apply mutatis mutandis .
(2)  After according a filing date, the Registrar shall
examine whether the application complies with the
requirements of Section 28(1) and (2) and the Regulations
pertaining thereto, whether the application fee has been paidand whether the industrial design complies with the
requirements of Sections 25 and 26(3) [and the Regulations
pertaining thereto].
(3)  Where the Registrar finds that the conditions
referred to in subsection (2) hereof are fulfilled, 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;  otherwise, he shall
refuse the application.
(4)(a)  Notwithstanding subsection (3), where a request
has been made under Section 28(5) for deferment of
publication, upon registration of the industrial design,
neither the representation of the design nor any file relating
to the application shall be open to public inspection.  In this
case, the Registrar shall publish a mention of the defermentof the publication of the industrial design and information
identifying the registered owner, and indicating the filing
date of the application, the length of the period for which
deferment has been requested and any other prescribed
particulars.
(b)  At the expiry of the period of deferment, the
Registrar shall publish the registered industrial design.
Section 30
The provisions of this Section, regarding the rights conferred by the registration of an
industrial design, are similar, in all material respects, to those of  Section 10  concerning patents (see
comments on Section 10,  above).IP/N/1/SUR/I/1
Page 26
The owner of the registered industrial design, by merely paying the fee prescribed (in the
Implementing Regulations), can renew the registration for two further consecutive periods of five
years each.  As in the case of patents, and for the same reasons (see comments on Section 11(2),
above), the fees for the first and second renewals would increase progressively and a grace period is
allowed for the late payment of the renewal fee.
(c)  The institution of legal proceedings on the basis of a
registered industrial design during the period of deferment
of publication shall be subject to the condition that the
information contained in the Register and in the file relatingto the application has been communicated to the person
against whom the action is brought.
Rights Conferred by 30.(1)  The exploitation of a registered
Registration;  Duration; industrial design in Suriname by persons otherRenewal than 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 orimportation of articles incorporating the industrial design.
(3)  Section 10(4)(a)(i) shall apply  mutatis mutandis.
(4)  The registered owner of an industrial design shall,
in addition to any other rights, remedies or actions available
to him, have the right to institute court proceedings against
any person who infringes 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.
(5)  The registration of an industrial design shall be for a
period of five years from the filing date of the application
for registration.  The registration may be renewed for two
further consecutive periods of five years through the
payment of the prescribed fee.  A period of grace of sixmonths shall be allowed for the late payment of the renewal
fee on payment of the prescribed surcharge.
Section 31
The provisions in this Section are similar, in al l material respects, to those relating to patents
(see comments on Section 14,  above) and establish the possibility of invalidating registered industrial
designs which do not satisfy the specific fundamental requirements of the law.
Invalidation 31.(1)  Any interested person may request the court to
invalidate the registration of an industrial design.IP/N/1/SUR/I/1
Page 27
(2)  The court shall invalidate the registration if the
person requesting the invalidation proves that any of the
requirements of Sections 25 and 26 is not fulfilled or if the
registered owner of the industrial design is not the creator or
his successor in title.
(3)  Section 14(3) and (4) shall apply mutatis mutandis .
PART IV
MARKS, COLLECTIVE MARKS, TRADE NAMES
AND ACTS OF UNFAIR COMPETITION
Section 32
The definitions provided in paragraphs (i)  and (ii) of this Section distinguish between three
categories of marks:  trademarks, service marks and collective marks.
A mark belonging to any of these categories is always a visible distinctive sign, serving to
distinguish the goods or services of one or more enterprises from the goods or services of another
enterprise.  Within this function of distinguishing goods or services, marks of the three categorieshave different objectives.
The "trademark" is the classic mark, serving to distinguish the goods of one enterprise (or of
several enterprises working under license from the owner of the mark) from the goods of other
enterprises.  The goods may be manufactured products or natural products;  they may be produced ormerely sold by the owner of the mark or may be di stributed by him without charge, as in the case of
wrappings or advertising material.
The "service mark" is the fruit of a more modern notion.  This mark fulfills the same function
of distinguishing but it distinguishes the services of an enterprise (or of licensed enterprises), and not
the goods, from those of other enterprises.  These services may be of almost any kind, e.g., publicity,
transport, insurance, laundry, treatment of materials.
The "collective mark" serves also to distinguish goods or services.  However, it does not
distinguish the goods or services of an individual enterprise from those of other enterprises, but goods
or services which are produced by different enterprises but have a common origin or other common
characteristics.  The registered owner of such a mark can be one of those enterprises but may also be athird party--generally a cooperative or an association of enterprises or a public institute--charged with
controlling the use of the mark.  A collective mark must be designated as such when an application is
filed for its registration.  The purpose of this is to distinguish collective marks from trademarks and
service marks in order to process and register them accordingly.
It would be possible to provide for the protection of "certification marks" in addition to
collective marks.  In this context, it is understood that the collective mark is used by members of an
association, or group or of an entity, whereas the certification mark is used by persons or entities other
than the owner of the mark and guarantees a particular characteristic or quality of the goods or
services for which it is used.IP/N/1/SUR/I/1
Page 28
PART IV
MARKS, COLLECTIVE MARKS, TRADE NAMES
AND ACTS OF UNFAIR COMPETITION
Definition of "Mark," 32.  For the purposes of this Act:
of "Collective Mark"
and of "Trade Name"
(i) "mark" means any visible sign capable of
distinguishing the goods ("trademark") orservices ("service mark") of an enterprise;
(ii) "collective mark" means any visible sign
designated as such in the application for
registration and capable of distinguishingthe origin or any other common
characteristic, including the quality, of
goods or services of different enterprises
which use the sign under the control of the
registered owner of the collective mark;
(iii) "trade name" means the name or
designation identifying and distinguishing
an enterprise.
Section 33
Acquisition of the 33.(1)  The exclusive right to a mark, as
Exclusive Right to a conferred by this Act, shall be acquired by
Mark;  Registrability registration in accordance with the provisions thereof.
(2)  A mark cannot be validly registered:
(i) if it is incapable of distinguishing the goods
or services of one enterprise from those of
other enterprises;
(ii) if it is contrary to public order or morality;
(iii) if it is likely to mislead the public or trade
circles, in particular as regards the
geographical origin of the goods or servicesconcerned or their nature or characteristics;
(iv) if it is identical with, or is an imitation of or
contains as an element, an armorial bearing,
flag and other emblem, a name orabbreviation or initials of the name of, or
official sign or hallmark adopted by, any
State, intergovernmental organization or
organization created by an internationalIP/N/1/SUR/I/1
Page 29
convention, unless authorized by the
competent authority of that State or
organization;
(v) if it is identical with, or confusingly similar
to, or constitutes a translation of, a mark or
trade name which is well known in
Suriname for identical or similar goods or
services of another enterprise, or if it is
well-known and registered in Suriname for
goods or services which are not identical or
similar to those in respect of whichregistration is applied for, provided, in the
latter case, that use of the mark in relation to
those goods or services would indicate a
connection between those goods or services
and the owner of the well-known mark andthat the interests of the owner of the well-
known mark are likely to be damaged by
such use;
Section 34
This Section deals with the requirement of an application for registration of a mark and is to
be supplemented by the Implementing Regulations .  The international classification mentioned in
subsection (1)  is the classification established by the Nice Agreement Concerning the International
Classification of Goods and Services for the Purposes of the Registration of Marks.  Thisclassification is applied in an ever-growing number of countries and ensures consistency of treatment
in classification matters.  The subsection envisages that an application may be made in respect of
more than one class of goods or services subject, naturally, to a corresponding increase in the
application fee.  This system is in conformity with the modern trend and minimizes the work without
any loss of fees.
As regards the right of priority, reference is made to the comments on Section 6, above.
(vi) if it is identical with a mark belonging to a
different proprietor and already on the
Register, or with an earlier filing or priority
date, in respect of the same goods orservices or closely related goods or services,
or if it so nearly resembles such a mark as to
be likely to deceive or cause confusion.
Application for 34.(1)  The application for registration of a
Registration mark shall be filed with the Registrar and shall contain a
request, a reproduction of the mark and a list of the goods or
services for which registration of the mark is requested,
listed under the applicable class or classes of the
International Classification.  It shall be subject to thepayment of the prescribed application fee.
(2)(a)  The application may contain a declaration
claiming the priority, as provided for in the ParisIP/N/1/SUR/I/1
Page 30
Convention, of an earlier national or regional application
filed by the applicant or his predecessor in title [in or for
any State party to the said Convention or any Member of the
World Trade Organization], in which case, the Registrar
may require that the applicant furnish, within the prescribedtime limit, a copy of the earlier application, certified as
correct by the Office with which it was filed.
(b)  The effect of the said declaration shall be as
provided in the Paris Convention; if the Registrar finds that
the requirements under this subsection and the Regulations
pertaining thereto have not been fulfilled, the saiddeclaration shall be considered not to have been made.
(3)  The applicant may withdraw the application at any
time during its pendency.
Section 35
This Section provides for a procedure under which, after the positive result of an examination
for compliance with the requirements of Section 33(2) (i) to (v),  applications are advertised under
subsection (2)(a)  so that interested persons may file opposition to the registration.  Oppositions are
decided upon by the Office of the Registrar, and the registration effected or refused as the case may
be.  The examination procedure set out in this Section is relatively simple since an examination of
applications, for compliance with the requirements referred to above, can be easily performed.  To
give the Office of the Registrar the more onerous task of examining applications for compliance withthe requirements of Section 33(2)(vi), as well, would require the Office of the Registrar to carry out a
search amongst its records of registered marks and, if conflicting marks are found, to notify the
applicant of particulars of those marks as objections to the registration of the mark sought to be
registered.  Under the procedure set out in this Section, such objections can be raised by any interested
person in opposition proceedings, under  subsection (2)(b),  or, after registration, in invalidation
proceedings under  Section 37.
Examination; 35.(1)(a)  The Registrar shall examine whether
Opposition; the application complies with the requirements of
Registration of Mark Section 34(1) and the Regulations pertaining thereto.
(b)  The Registrar shall examine and determine
whether the mark is a mark as defined in Section 31(i) and
is registrable under Section 33(2)(i) to (v).
(2)(a)  Where the Registrar finds that the conditions
referred to in subsection (1) hereof are fulfilled, he shallforthwith cause the application, as accepted, to be published
in the prescribed manner.
(b)  Any interested person may, within the prescribed
period and in the prescribed manner, give notice to theRegistrar of opposition to the registration of the mark on the
grounds that one or more of the requirements of
Section 32(i) and 33(2) and the Regulations pertaining
thereto are not fulfilled.IP/N/1/SUR/I/1
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(c)  The Registrar shall send forthwith a copy of such
a notice to the applicant, and, within the prescribed period
and in the prescribed manner, the applicant shall send to the
Registrar a counter-statement of the grounds on which herelies for his application;  if he does not do so, he shall be
deemed to have abandoned the application.
(d)  If the applicant sends a counter-
statement, the Registrar shall furnish a copy thereof to the
person giving notice of opposition and, after hearing the
parties, if either or both wish to be heard, and consideringthe merits of the case, shall decide whether the mark should
be registered.
(e)  After an application is published and until the
registration of the mark, the applicant has the sameprivileges and rights as he would have if the mark had been
registered;  however, it shall be a valid defense to an action
brought hereunder in respect of an act done after the
application was published, if the defendant establishes that
the mark could not validly have been registered at the timethe act was done.
(3)  Where the Registrar finds that the conditions
referred to in subsection (1) are fulfilled, and either:
(i) the registration of the mark has not been
opposed within the prescribed time limit;  or
(ii) the registration of the mark has been
opposed and the opposition has been
decided in the applicant's favor,
he shall register the mark, publish a reference to the
registration and issue to the applicant a certificate of
registration.  Otherwise, he shall refuse the application.
Section 36Rights Conferred 36.(1)  The use of a registered mark, in relation
by Registration; to any goods or services for which it has been
Duration  registered, by any person other than the registered
owner shall require the agreement of the latter.
(2)  The registered owner of a mark shall, in addition to
any other rights, remedies or actions available to him, have
the right to institute court proceedings against any person
who infringes the mark by usin g, without his agreement, the
mark as aforesaid or who performs acts which make it likely
that infringement will occur.  The right shall extend to the
use of a sign similar to the registered mark and use in
relation to goods and services similar to those for which theIP/N/1/SUR/I/1
Page 32
mark has been registered, where confusion may arise in the
public.
(3)  The rights conferred by registration of a mark shall
not extend to acts in respect of articles which have been puton the market in Suriname by the registered owner or with
his consent.
(4)(a)  The registration of a mark shall be for a period of
ten years from the filing date of the application for
registration.
(b)  The registration of a mark may, upon request, be
renewed for consecutive periods of ten years, provided that
the registered owner pays the prescribed renewal fee.
(c)  A period of grace of six months shall be allowed
for the late payment of the renewal fee on payment of the
prescribed surcharge.
Invalidation; 37.(1)(a)  Any interested person may request the
Removal on Grounds Registrar to invalidate the registration of a
of Non-Use mark.
(b)  The Registrar shall invalidate the registration if
the person requesting the invalidation proves that any of therequirements of Sections 32(i) and 33(2) is not fulfilled.
(c)  Any invalidation of a registration of a mark shall
be deemed to have been effective as of the date of
registration, and it shall be recorded and a reference thereto
published as soon as possible.
(2)  Any interested person may request the Registrar to
remove a mark from the Register, in respect of any of the
goods or services in respect of which it is registered, on the
ground that up to one month prior to filing the request the
mark had, after its registration, not been used by theregistered owner or a licensee during a continuous period of
three years or longer, provided that a mark shall not be
removed if it is shown that special circumstances prevented
the use of the mark and that there was no intention not to
use or to abandon the same in respect of those goods orservices.
Collective Marks 38.(1)  Subject to subsections (2) and (3), Sections 33 to 37
shall apply to collective marks, except that references
therein to Section 31(i) shall be read as 32(ii).
(2)(a)  An application for registration of a collective
mark shall designate the mark as a collective mark and shallIP/N/1/SUR/I/1
Page 33
be accompanied by a copy of the regulations governing the
use of the collective mark.
(b)  The registered owner of a collective mark shall
notify the Registrar of any changes made in respect of theregulations referred to in paragraph (a).
(3)  In addition to the grounds provided in
Section 37(1), the Registrar shall invalidate the registration
of a collective mark if the person requesting the invalidation
proves that only the registered owner uses the mark, or that
he uses or permits its use in contravention of the regulationsreferred to in subsection (2)(a) or that he uses or permits its
use in a manner liable to deceive trade circles or the public
as to the origin or any other common characteristics of the
goods or services concerned.
Licensing of Marks 39.(1)  Any license contract concerning the
and Collective Marks registration of a mark, or an application therefor, shall
provide for effective control by the licensor of the quality of
the goods or services of the licensee in connection with
which the mark is used.  If the license contract does notprovide for such quality control or if such quality control is
not effectively carried out, the license contract shall not be
valid.
(2)  The registration of a collective mark, or an
application therefor, may not be the subject of a license
contract.
Trade Names 40.(1)  A name or design ation may not be used as a trade
name if by its nature or the use to which it may be put, it is
contrary to public order or morality and if, in particular, it is
liable to deceive trade circles or the public as to the natureof the enterprise identified by that name.
Section 41
This Section contains a general and very important rule according to which any act of
competition contrary to honest practices in industri al or commercial matters is unlawful.  The courts
will have to apply this rule to all acts of unfair competition, even if they are not specifically listed in
subsection (2)  (the list is not exhaustive).  The courts will have to decide in each case brought before
them whether, in any given circumstances, any act constitutes an act of unfair competition.  In many
countries, extensive case law has developed in this field and can be consulted with advantage by othercountries.
Attention is drawn to the fact that Model Provisions on Protection Against Unfair
Competition which also include provisions on the protection of trade secrets (undisclosed
information) required under Article 39 of the TRI PS Agreement have been prepared by WIPO with
the assistance of a team of consultants and published in 1996 (WIPO publication No. 832 E).IP/N/1/SUR/I/1
Page 34
(2)(a)  Notwithstanding any laws or regulations
providing for any obligation to register trade names, such
names shall be protected, even prior to or without
registration, against any unlawful act committed by third
parties.
(b)  In particular, any subsequent use of the trade name
by a third party, whether as a trade name or a mark or
collective mark, or any such use of a similar trade name or
mark, likely to mislead the public, shall be deemed
unlawful.
Acts of Unfair 41.(1)  Any act of competition contrary to honest
Competition practices in industrial or commercial matters shall be
unlawful.
(2)  The following acts, in particular, shall be deemed to
constitute acts of unfair competition:
(i) all acts of such a nature as to create
confusion by any means whatever with the
establishment, the goods, or the industrial orcommercial activities of a competitor;
(ii) false allegations in the course of trade of
such a nature as to discredit the
establishment, the goods, or the industrial orcommercial activities of a competitor;
(iii) indications or allegations the use of which
in the course of trade is liable to mislead the
public as to the nature, the manufacturing
process, the characteristics, the suitability
for their purpose, or the quantity of thegoods.
PART V
GENERAL PROVISIONS
PART V
GENERAL PROVISIONS
Changes in Ownership; 42.(1)  Any change in the ownership of a patent,
License Contracts the registration of an industrial design or the registration of
a mark or collective mark, or in the ownership of an
application therefor, shall be in writing and shall, at the
request of any interested party, to the Registrar, be recorded
and, except in the case of an application, published by theIP/N/1/SUR/I/1
Page 35
Registrar.  Such change shall have no effect against third
parties until such recording is effected.
(2)  Any change in the ownership of the registration of a
collective mark, or in the ownership of an applicationtherefor, shall require previous approval by the Minister.
(3)  Any change in the ownership of a trade name must
be made with the transfer of the enterprise or part thereof
identified by that name and shall be in writing.
(4)  A change in ownership of the registration of a mark
or a collective mark shall, however, be invalid if it is likely
to deceive or cause confusion, particularly in regard to the
nature, origin, manufacturing process, characteristics, or
suitability for their purpose, of the goods or services in
relation to which the mark or collective mark is intended tobe used or is being used.
(5)  Any license contract concerning a patent, a
registered industrial design or a registered mark, or an
application therefor, shall be submitted to the Registrar whoshall keep its contents confidential but shall record it and
publish a reference thereto.  The license contract shall have
no effect against third parties until such submission has
been made.
Section 43
The purpose of this provision is to ensure that applicants resident outside the territory of
Suriname are represented by a local attorney or ag ent admitted to represent clients before the Office
of the Registrar.
Section 44
The structure will be determined in accordance with the administrative convenience of the
Government and this Section should be amended accordingly if necessary.
Agents 43.  Where an applicant's ordinary residence or principal
place of business is outside Suriname, he shall be
represented by a legal practitioner resident and practicing in
Suriname.
Organization of the 44.(1)(a)  The Office of the Registrar
Office of the Registrar shall be established within the Ministry of [...].
(b)  The Office of the Registrar shall be entrusted
with all functions relating to the procedure for the grant of
patents and the registration of industrial designs, marks andcollective marks and for the administration of granted
patents and registered industrial designs, marks and
collective marks as specified in this Act and the
Regulations.IP/N/1/SUR/I/1
Page 36
(2)(a)  The Registrar shall be appointed by the [...].
(b)  The Registrar shall be assisted by a Deputy and
such Assistant as may be appointed and shall superintendand perform all duties required by this Act and the
Regulations and shall have the authority to carry out studies,
programs or exchanges of items or services regarding
domestic and international industrial property law.
(c)  Decisions shall be signed by the Registrar or an
official designated by him.
(3)  The Minister shall determine the organizational
structure and regulate all questions concerning the financial
and budgetary system of the Office of the Registrar.
Registers; 45.(1)(a)  The Office of the Registrar
Official Bulletin shall maintain separate Registers for patents,
industrial designs and marks.  Collective marks shall be
registered in a special section of the Register of Marks.  All
the recordings provided for in this Act shall be effected inthe said Registers.
(b)  The Registers may be consulted by any person,
and any person may obtain extracts therefrom, under the
conditions prescribed in the Regulations.
(2)  The Office of the Registrar shall publish in the
Official Bulletin all the publications provided for in this
Act.
Corrections of Errors; 46.(1)  The Registrar may, subject to any
Extension of Time provision in the Regulations, correct any error
of translation or transcription, clerical error or mistake in
any application or document filed with the Office of the
Registrar or in any recording effected pursuant to this Act or
the Regulations.
(2)  If the Registrar is satisfied that the circumstances
justify it, he may, upon receiving a written request, extend
the time for doing any act or taking any proceeding under
this Act and the Regulations, upon notice to the parties
concerned and upon such terms as he may direct.  Theextension may be granted though the time for doing the act
or taking the proceeding has expired.
Exercise of 47.  The Registrar shall give any party to a
Discretionary proceeding before him an opportunity of beingPowers heard before exercising adversely to that party
any discretionary power vested in him by this Act or the
Regulations.IP/N/1/SUR/I/1
Page 37
Competence of 48.(1)  The [...] Court shall have jurisdiction
Court;  Appeals in cases of dispute relating to the application
of this Act and the Regulations and in matters which under
this Act [and the Regulations] are to be referred to the court.
(2)  Any decision taken by the Registrar under this Act,
in particular the grant of a patent or the registration of an
industrial design or of a mark or collective mark, or the
refusal of an application for such a grant or registration,
may be the subject of an appeal by any interested party
before the [...] Court and such appeal shall be filed within
[two] months of the date of the decision.
Infringement; 49.(1)  Subject to Sections 10(4), 12, 13, 30(3)
Unlawful Acts; and 36(3), an infringement shall consist of
Offenses the performance of any act referred to in Sections 10, 30 and
36 in Suriname by a person other than the owner of the titleof protection and without the agreement of the latter.
(2)(a)  On the request of the owner of the title of
protection, or of a licensee if he has requested the owner to
institute court proceedings for a specific relief and theowner has refused or failed to do so, the court may grant an
injunction to prevent infringement, an imminent
infringement, or an unlawful act referred to in
Sections 40(2) and 41, award damages and grant any other
remedy provided for in the general law.
(b)  On the request of any competent authority or any
interested person, association or syndicate, in particular of
producers, manufacturers or traders, the court may grant the
same relief in case of an act of unfair competition referred
to in Section 41.
(3)  Any person who knowingly performs an act which
constitutes an infringement as defined in subsection (1)
hereof or an unlawful act as defined in Sections 40(2) and
41 shall be guilty of an offense punishable by a fine not
exceeding ...... or by imprisonment for a term not exceeding......, or by both.
(4)  For the purposes of proceedings, other than criminal
proceedings, in respect of the violation of the rights of the
owner of the patent referred to in subsections (1) and (2),where the subject matter of the patent is a process for
obtaining a product, the burden of establishing that a
product was not made by the process shall be on the alleged
infringer if either of the following conditions is fulfilled:
(i) the product is new, or
(ii) a substantial likelihood exists that the
product was made by the process and theIP/N/1/SUR/I/1
Page 38
owner of the patent has been unable through
reasonable efforts to determine the process
actually used.
(5)  In requiring the production of evidence, the Court
before which the proceedings referred to in subsection (4)
take place shall take into account the legitimate interests of
the alleged infringer in not disclosing his manufacturing and
business secrets.
Application of 50.  The provisions of any international treaties
International in respect of industrial property to whichTreaties Suriname 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.
Regulations; 51.(1)  The Minister shall issue Regulations
Administrative prescribing details for the implementation of
Instructions this Act.  The Regulations may, in particular, provide for the
payment of fees in connection with applications for the
grant of patents and for the registration of industrial designs,
marks and collective marks and matters related thereto.
(2)  The Registrar may issue Administrative
Instructions relating to the procedures under this Act and the
Regulations as well as to the other functions of the Office of
the Registrar.
Interpretation 52.  In this Act, unless the context otherwise requires:
"Court" means the court referred to in Section 48;"International Classification" means, as regards industrial
designs, the classification according to the LocarnoAgreement Establishing an International Classification for
Industrial Designs and, as regards marks, the classification
according to the Nice Agreement Concerning the
International Classification of Goods and Services for the
Purposes of the Registration of Marks, of June 15, 1957, aslast revised;
"Minister" means the Minister of [...];"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 inthe Paris Convention;
"Registers" means the Registers referred to in Section 45(1);IP/N/1/SUR/I/1
Page 39
"Regulations" means the Regulations referred to in
Section 51(1).
Entry Into Force; Repeals; 53.(1)  This Act shall enter into force on
Transitional Provisions [.....]
(2)  The following are hereby repealed:
   [list of existing Laws]
(3)  Notwithstanding the repeal of [...], patents granted
and trademarks registered thereunder shall remain in forcebut shall, subject to subsections (4) and (5), be deemed to
have been registered under this Act.
(4)  Patents thus granted shall remain in force for the
unexpired portion of the period of protection provided underthis Act, subject to the payment of annual maintenance fees
provided for in this Act.
(5)  Trademarks thus registered shall be due for renewal
within the same period as under [...] and, upon renewal,shall be reclassified in accordance with the International
Classification.
(6)  The Minister may by [Order] [Statutory Instrument]
make any further transitional or saving provisions whichappear to him to be necessary or desirable.
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