For the first time in several decades there will be a
comprehensive revamp of the trade mark laws of the British Virgin
Islands. The Trade Marks Act (Cap.158) of the Laws of the Virgin
Islands (Existing Act) and the
Registration of United Kingdom Trade Marks Act (Cap. 157) of the
Laws of the Virgin Islands (Existing UKTM Act,
BVI) will, it is anticipated, soon be repealed and
replaced by the Trade Marks Act 2013 (the New
Act).
The New Act, which borrows from the UK Trade Marks Act 1994, has
made substantive changes to the existing legislation. The purpose
of this update is to provide an overview of the New Act.
1. Is the New Act in force?
No it is not yet in force. It will come into force on such date
as the Governor of the BVI may, by Proclamation published in the
Gazette, appoint. As at the date of this update it has received its
First Reading.
