The House of Assembly of the British Virgin Islands has passed a new Trademarks Act on the 30th of April 2013. This legislative measure will bring extensive changes to Intellectual Property in the region and it will effectively come into force on the 1st of September 2015. The implementation of the new act will substitute the current Trademarks Act (Cap. 158) dated all the way back to 1887 and the United Kingdom Trademarks Act (Cap. 157) of 1946. The Act will also end the current dual registration system, under the provisions of which an application may either be filed independently or based on a UK registration.
For existing trademark owners to take advantage from the existing provision that allows the “fast track” extension of the UK national right to the British Virgin Islands the following should be followed:
The new legislation features new laws such as: