Trademark protection in Suriname By Elleson Fraenk: Suriname, a small yet diverse country on the north coast of South America, is poised for significant economic growth, especially with recent offshore oil discoveries. This development is expected to attract numerous foreign investors, making the protection of intellectual property rights, including trademarks, increasingly crucial. This article provides an overview of the trademark protection system in Suriname, written by Elleson Fraenk, Attorney and Founder at Vision Legalis Advocaten.
The cornerstone of trademark protection in Suriname is the Intellectual Property Act "Reglement Industriële Eigendom Suriname 1912," last amended in 2018. Despite its outdated framework, this law offers robust protection for trademark owners, especially when combined with the Paris Convention, to which Suriname is a party.
Registration Process
Trademark registration in Suriname is handled by the Bureau voor Intellectuele Eigendommen (B.I.E). The registration system is quite archaic, requiring hard copy submissions and maintaining a paper archive, with no online search or filing capabilities. While this may seem cumbersome, it makes Suriname an ideal jurisdiction for stealth or submarine applications, allowing trademark owners to delay disclosure while securing protection.
Suriname operates under a first-to-use system, meaning the first person to use a trademark is considered its owner. However, it is recommended to register the trademark as Surinamese law also assumes the first registrant is the owner unless someone else can prove a better right. This dual assumption underscores the importance of registration despite the burden of proof lying with the first user.
Currently, Suriname does not allow the registration of service marks, which is a significant gap given the service-oriented nature of its business community. Efforts are underway to amend this legislation, with a draft law in progress to enable service mark registration, offering better protection for service providers in Suriname.
As Suriname anticipates an influx of foreign investments, the importance of a robust trademark protection system cannot be overstated. While the current system has its limitations, ongoing efforts to modernize trademark laws, including provisions for service marks, will enhance intellectual property protection in the country.
This evolving legal landscape is crucial for fostering a secure and competitive business environment in Suriname.
Read The Full Article By Elleson Fraenk in Our Latest Edition on The Women's IP Annual 2024
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