BVI's Long Awaited And New Trade Marks Legislation Takes Effect

Following decades-long pressure from the private sector for IP law reform, the BVI now has modern trade marks legislation. The BVI's new Trade Mark Act, 2013 comes into force on 1 September 2015. The new law is complemented by the Trade Mark Rules, 2015 which comes into force on the same date.

The Financial Services Commission last week published application forms and guidance for those who wish to apply to be trade mark agents under the new law - as agents now need to be approved.

The new law replaces the archaic dual system where two types of trade marks registration hitherto existed for:

(1) Trade marks that were registered in the UK and sought to be re-registered in the BVI under the Re-registration of UK Trade Marks Act; and