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17th of December 2018
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Intellectual Property
Aruba is a party to the Paris Union (1883) for the Protection of Industrial Property, to other Unions related to patents, trademarks and industrial designs, and is also a party to the Bern Convention (1886) for the Protection of Literary and Artistic Works. The tasks in these fields are entrusted to a specialized Government agency: the Bureau of Intellectual Property.

Aruba has its own Patent Act and grants patents for the Aruban jurisdiction via the Patent Section of the Bureau of Intellectual Property.
Two types of patents are available: small patents through a registration procedure with a protection period of 6 years, and normal patents subject to newness search based on world-documentation granted for 20 years, both as of date of filing.
A patent may be transferred or licensed, having effect to third parties only after annotations thereof at the Bureau. Compulsory licensing is possible if the patent after three years of its grant is not properly used in Aruba.
Inventions made by an employee within the scope of his employment normally belong to his employer.

Trade and Service Marks are registrable in all classes of the International Classification established by the Nice Union, to which Aruba is a party. Registered trademarks are effective as of the date of filing. Trademark owners, not domiciled in Aruba are required to submit their application through a Trademark Agent authorized by the Bureau.
Although protection of a trademark or commercial name might be derived by first use in Aruba, it is strongly recommended to have same registered for protection.
The new Trademark Act grants exclusive rights to solely registered trademarks, with a transition period of one year for domestic trademark-owners (by right of first use) to duly register their trade or service marks to ensure continuation of exclusive rights.
International Registration is not possible at the moment because of granted temporary postponement of the applicability of the Madrid Arrangement by the International Bureau in Geneva, in order to have adequate executing rules established. The new Act will provide for said rules.

Industrial Designs
There is no special law governing protection of industrial designs besides those of the Copyright Act and the Bern Convention. However, in accordance with our obligation as a party to The Hague Union concerning the International Deposit of Industrial Designs, an Industrial Designs Act has been drafted. In the meantime deposits are accepted and official proofs thereof are granted as artistic works of applied art protected by the Copyright Act and the Bern Convention.

The Copyright Act gives protection to literary, musical, artistic, photographic and audiovisual works till 70 years after the decease of the author with regards to author's economic rights and forever with respect to his moral rights.
According to the Bern Convention for the Protection of Literary and Artistic Works, to which Aruba is a party, protection is not conditional upon compliance with any formality (principle of "automatic" protection). However, to assist copyright owners in establishing first date of a work, deposits are accepted and official proofs thereof are granted upon request.

Works originating in one of the contracting states of the Bern Union is given the same protection as granted to the works of nationals.
A Copyright Association for Music Composers is awaiting official recognition by the Government. This Association represents composers-members in their economic rights and establishes royalties and other remunerations due to the same authors.
It also acts as the collecting agent of foreign composers and music writers, members of other similar organizations in the world, on a reciprocal basis for its own members in same countries.

Bureau Intellectuele Eigendom
(The Bureau of Intellectual Property of Aruba)
Adriaan Lacle Boulevard 3, Oranjestad
Phone: +297 583 1200
Fax: +297 583 8773
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