1.0 INTRODUCTION
1.1 Physical characteristics
Suriname is situated in South
America, between 2° and 6° northern latitude and 54° and 58° western
longitude. About 80% of the land surface area is covered with neo-tropical
vegetation.
The average temperature is
27.3° Celsius. The highest temperatures are measured in September and October,
the lowest in January and February.
1.2 Politics
Suriname is administrated by
a model Western democracy. The 51 members of the National Assembly are chosen
for 5 years. The National Assemble choose the President and he appoints the
Council of Ministers. Except Head of State, is the President Chairman of the
Privy Council and the National Security Council.
1.3 Population
In Suriname, an estimated
388,000 people live within an area of 16,594,000 has leaving large areas of
the country uninhabited. about 90 % of the population is concentrated around
the capital Paramaribo and in small communities in the coastal plain. In the
interior, mainly along the larger rivers, there are scattered settlements of
Amerindians and bushnegroesthe latter being descendants of runaway slaves.
1.3.1 Tribal Communities
Suriname is a multi ethic
society with two ethnic populations whose social structure is the tribe:
Amerindians, the original
inhabitants of Suriname, and
Bushnegroes, the descendants
of runaway slaves who established them self in the interior.
Amerindians live along the
coast as well as deep in the interior. Upland Amerindians, inhabiting the
interior of the country, live along the Lawa, Tapa nahoni, Palumeu, Sipaliwini
and ulemary rivers. Amerindians of the coas tal area, the lowland Amerindians,
are Caribs and Arowaks. They occupy the savannas and water courses. Carib
villages lay along the lower Marowijne river and the Coppename basin. The
Arowak villages may be found around the Corantijn and Nickerie rivers.
Villages of both tribes may be found in the area South of Paramaribo.
The lower land Amerindians
have regular contact with non-indians living in Paramaribo and or the coast,
while the upland Amerindians do not.
Several Amerindian languages
are spoken, such as Arowaks which belongs to the Arowak language group and
Carib, Oayana, Trio, and Ahurio which belongs to the Carib language group.
The structure of the
Amerindian societies is relatively simple. The only division between labor man
and women.
Part-time specialists are the
village head and the piai (Shaman) whit the exception of the matrilineal
Arowak, the system of kinship is bi-lineal. A great many spirits play an
important role in their vision of live. Their pottery and witchery work are
striking.
Bushnegro tribes may be
divided into two groups, the "Opo" Living on the upper reaches of
the rivers and the "Bilo" on the lower reaches of the rivers running
through their tribal territories. The following tribes may be distinguished:
The Ndjukas of the Tapanahoni
river with the residence of the Graman (Tribal Chief)
The Saramakas along the upper
Suriname, the Gran Rio and the Pikin Rio and also North of the Afobakka dam,
with Asidonhopo as the residence of the Granman.
The Matawais of the middle
and upper Saramacca river with Pusugrunu as the residence of the Graman.
Kwintis along the Upper
Saramacca rivers, with the Head Captain living in Kaimanston
The Bonis or Alukus along the
Lawa river with Cottica as their only settlement.
The six Boshnegroe Tribes
were formed under identical circumstances. Nevertheless, they vary in their
language and culture in such a way that a destruction can be made between the
Saramakkas, Matawais and Kwintis of central Suriname on one hand and the
Ndjukas, paramahas and Alukus of eastern Suriname on the tri-lineal, mostly
exogenous, lo (clans) that are composed of bere (unlineal kinship groups). The
head of every tribe is aGra man assisted by Head Captains, Captains and Basjas
(Assistants to the village Heads). The tribes worship an upper God, Pantheons
of Gods and their ancestors, while in oracles and witchcraft. Their wood
carving is distinctive.
1.4 Historical development of
the law system in Suriname
In the 18th century, except
for the Roman Law, the Canon Law, the Common law and the Old Dutch Law (Germanic)
were in enforceable in Suriname.
Influenced by the
codification movement in Europe, the Netherlands Codification was established.
The Dutch legislation system introduced in Suriname on May 1st, 1869: This
system was based on the concordance principle. The laws in Suriname had to be
in harmony with the Dutchlaws.
Situations arose in which the
Dutch Laws were not applicable for the Suriname situation and specific laws
called the "Governmental law"(Landsverordening) needed to be enacted.
Suriname became independent
on November 25th, 1975.
On November 24th, 1975 the
Proclamation of the Constitution for the Republic of Suriname took place by
Governmental law and became operative on November 25th, 1975.
Based on article II of the
additional articles of the Surinam Constitution, all pre-independence
legislative products obtained the status of "Surinam Laws".
In the military period of
Suriname () the Constitution had been suspended and Suriname was
being ruled by military decrees. After elections of 1987 Suriname obtained a
new Constitution.
Suriname is still an
independent Nation but anno 1994 most of the laws are a reflection of the pre-independence
period.
1.5 The legal and judicial
system in Suriname
The Surinam Code of Laws can
be divided in:
1. The Private Law (Privaat
Recht)
2. The Public Law (Publiek
Recht)
The subdivision of these two
jurisdictions is presented in the following outline:
The law system in the
Republic of Suriname has its foundation mostly in:
The Constitution
The Public Law
Legal Claim Code and the
civil Code
Penal Code and Procedural
Code for Criminal Law
1.6 The legislative procedure
in Suriname
1. First, a bill is submitted
by the relevant Minister of State for discussion and approval
by the Council of Ministers (Government).
2. After the approval the
bill is being sent to Privy Council. The Privy Council consists
of the social partners by : the Trade Union Movement, the trade and Industry,
Political Parties in Parliament (the National Assembly, "DNA").
3. Following approval by the
Privy Council the bill sent with recommendation for
public session debate.
4. Following approval of the
bill by Parliament it has to be ratified by the President of
the Republic of Suriname.
5. The publication of the
ratified in the Government Gazette.
The Act can be enforced as
Law.
The Political hierarchy of
Statutory Regulations in Suriname are:
1. International Conventions
2. The Constitution of the
Republic of Suriname
3. State Acts
4. Presidential Resolutions
5. State Decrees derived from
State Acts
6. Ministerial Decrees
derived from the State Acts
1.7 Judiciary
Jurisdiction over civil and
criminal matters is shared between the three district Courts and the Supreme
Court, which also functions as an Appellate Court for the district Courts. The
Supreme Court consists of a President, a Vice President and a maximum of 15
members.
2.0
THE INTELLECTUAL PROPERTY
RIGHTS SYSTEM
IN SURINAME
In Suriname the following
Acts fall under the heading of the Intellectual Property Rights System:
* The Trade name Act ("Handelsnaam")
* Patent Act ("Patent
Recht")
* Copy Rights ("Auteursrecht")
* Trade Mark Act ( "Merkenrecht")
2.1 Intellectual agreements
related to intellectual property rights
Suriname is party to:
1. Convention Establishing
The World Intellectual Property Organization. WIPO Convention (1967), amended
in 1979. Suriname became a member of WIPO on November 25, 1975.
2. Paris Convention For The
Protection Of Industrial Property. Paris Convention (1883), revised at Brussel
(1900), Washington (1911), The Hague (1925), London (1934), Lisbon (1958) and
Stockholm (1967) and amended in 1979. Suriname became party to the Convention
and to the Stockholm Act on November 25, 1975.
3. Berne Convention For The
Protection of Literary and Artistic Works. Berne Convention (1886), completed
at Paris (1896), revised at Berlin (1908), completed at Berne (1914), revised
at Rome (1928), at Brussel (1948), at Stockholm (1967) and at Paris (1971),
and amended in 1979. Suriname became party to the Convention and the Paris Act
on February 23rd, 1977.
4. Hague Agreement Concerning
The International Deposit of Industrial Designs. Hague Agreement (1925),
revised at London (1934) and the Hague (1960), supplemented by the Additional
Act of Monaco (1961), the Complementary Act of Stockholm (1967) and The
Protocol of Geneva (1975) and amended in 1979. Suriname became party to the
Agreement on November 25th, 1975. Suriname became party to the London Act on
November 25th, 1975. Suriname became party to the Hague Act on August 1st,
1984. Suriname became party to the Complementary Act of Stockholm on February
23rd, 1977.
5. Nice Agreement Concerning
The International Classification Of Goods And Services For The Purposes Of The
Registration of Marks. Nice Agreement 1957), revised at Stockholm (1967) and
at Geneva (1977) and amended in 1979. Suriname became party to the Agreement
and to the Geneva Act on December 16th, 1981.
6. Strasbourg Agreement
Concerning the International Patent Classification. Strasbourg Agreement
Concerning the International Patent Classification. Strasbourg Agreement 1971,
Amended in 1979. Suriname became party to the Agreement on November 1975.
3.0
THE TRADE NAME LEGISLATION
GB25 1931 NO 65
The Trade Name Act of
Suriname has been introduced on March 13, 1931, modified on May 17th, 1935,
June 2nd, 1936 and for the last time on October 19th, 1937.
In Suriname the trade name is
defined as the name under which a Company , is being managed and or in which a
person practices a trade or profession. The trade name is used to designate
the Company.
An applicant (for a trade
name) has to comply with the following requirements:
1. The trade name should be
trustworthy.
2. The requested trade name
should not give a wrong impression about the legal
status under which the
Company is to be operated.
3. The requested trade name,
which is already being used legitimately is not
allowed to be used by a third
person in case this usage causes confusion to
the public.
4. The trade name may not be
the same as or have strong resemblance to the
brandname of another holder
or party.
The right on a trade name
exists by the use of the name and it offers a twofold protection:
1. It protects the holder
against the objections which could arise as a consequence of the use of the
name by another party.
2. It protects the public
against the objection in case when the trade name is
misleading.
It is worth mentioning that
two persons and or institutions are entitled to use the same trade name, in as
far as it does not lead to any confusion of the general public. The nature and
seat of both Companies will be used as a criterion.
Offenders of the regulations
could be penalized by fine of Five Hundred guilders (Sf . Repeated
offenders could be imprisoned for a maximum of 14 days.
4.0 PATENT RIGHT (G.B. 1968
no 48)
The Surinam Patent Right is
based on a Patent Act of the Government of November 7th, 1910.
With the independence of
Suriname in November 1975, this Governmental Patent Act became enforceable
under the "Surinam Law".
4.1 Application
In compliance with the law
the patent right is an exclusive right granted to the inventor of a novel
product, method or an improvement of a product in an Industry.
The right will not be granted
if at the moment of application a description or in other way the above
mentioned were already known to exist or produced, or applied by an expert or
Scientist.
It is to be noted that Patent
Right is issued on the method of production and not for the material.
The objective of the Patent
Right is to provide the inventor exclusive exploitation rights to the benefits
of his creation during a number of years.
The idea behind this is to
stimulate individuals to invent.
If the improvement of a
product or inventions or work method has been derived through mutual
deliberations by several persons, they jointly own the Patent Rights
determined by separate agreement
It is also possible to apply
for protection of a Patent under the Civil Code.
The Pact Council should hand
over the necessary arguments to the applicant.
4.2 Rights
A patent, once granted gives
the patent holder the exclusive right:
To bring into circulation,
sell, lease, deliver or stock a product for which (purpose) the patent was
granted or a product with the patent improvement.
To bring into practice for on
in his Company a patent method or the patent improvement, to bring the
material into circulation, to sell, lease, deliver or to stock for others or
to make use of it according to the method or produced through appliance of the
improvement.
By license agreement the
patent holder can relinquish the above mentioned right to another. The
duration and the royalty to be paid should be stipulated in the license
agreement.
4.3 Duration and subsealing
Three years after the patent
had been acquired, the patent holder is obliged to give license which is in
the interest of the Industry or for other reasons in general interest.
Furthermore the patent holder
is obliged to permit license every time that may be necessary for the
application of a later patent invention. If the patent holder refuses to
permit license in the above mentioned matters, then the Patent Council can
permit this license if there are grounds for it.
A patent is valid for 20 (twenty)
years. The transgression of the patent right of another is obliged to
indemnification.
In Suriname the application
for obtaining a patent should be forwarded to the "Office for Industrial
Property.
5.0
COPYRIGHT (G.B. 1959 no 76)
In Suriname Copyright is
enforceable under a Law Copyright 1913 which lately had been modified on
september 5th, 1959. The modifications were related with the intention of to
enter into the revised Berne Convention concluded on July 1948 in Brussels for
the protection of literature and art.
The creator of a work of Art
or Scientist, has the exclusive right to publish and duplicate the production.
If the creator of a work of
literature or Science is a married woman, the husband is not allowed to take
actions related with the copyright unless his wife gives him the permission.
5.1 Scope of products
To establish the Copyright,
the following categories of products are qualified :
1. Books, brochures, news
papers, magazines and all other printed material.
2. Theatrical productions and
drama, musical productions
3. Verbal recital
4. Choreographic productions
and performing arts of which the way of performance are determined down by
writing or other wise.
5. Musical productions with
or without a text.
6. Designs, paintings,
buildings and sculptures, lithographs, engravings and other
books of picture
reproductions.
7. Geographical maps
8. Designs, sketches, plastic
works related to engineering, geography, the topography or other sciences.
9. Photography and
cinematographic productions and manufactured works according to similar
methods.
10. Productions of applied
art
11. Translations, music
compositions, films of another version or other duplications in a modified way
of a production of literature science or art as collection of various
productions undiminished the copyright on a original product will be protected
as independent production.
5.2 Duration and punishment
If one or more persons are
eligible for mutual copyright, the maintenance of this right can take place by
anyone, unless otherwise agreed.
Copyrights expire after 50
years.
Infringement of the copyright
of another will be punished with maximum 2 years of imprisonment and a fine.
6.0
TRADEMARK LEGISLATION (G.B.
1946 no 73)
The present Suriname
legislation on Trademark is based on an Royal Order from 1912 (Regulations on
the Factory and Trade Marks in the Colonies and the Aid Office for Industrial
property).
This law had been modified by
the decree C-81 of August 31st 1984. The original law refers to the old Dutch
Trademark Law ("Merkenrecht") of 1893.
6.1 First use
The Trademark act of Suriname
defines that entitlement to a Trademark comes into existence by the first use
of the Trademark in Suriname (Indonesia or Curacao). The mark should be
registered at the Office of the Public Prosecutors of the Attorney General
thus at the Office of Industrial Property. The requirement in case of
registration of a collective mark is that all claimants have a collective
right to be entitled to the Company.
The Trademark should not
exist of words or representations which are against the manners and customs
through which the use of the Trademark could be against the public order. It
is also forbidden that the Trademark, even with a small modification, contains
the Cote of arms or the seal of a public law frame.
6.2 Litigation seal of
corporation or public body
If a third party infringes
upon the Trademark of another person, the party concerned may take the
following actions:
1. He who uses the Trademark
first and or has it registered, can legally claim for the annulment of the
registration at the Court of Justice. A period of 9 months is required for the
annulment.
2. The prejudiced can apply
to the Justice of Peace, based on article 1386 of the Surinam Civil Code. This
claim is not bound by time.
6.3 Duration
The right on the use of a
mark expires:
a. Twenty years after the
date of registration, if the registration has not been renewed before the
expiry date.
b. Cancellation of the
registration at the request of the person who has the Trademark registered or
by the person to which the Trademark has been passed to.
c. When the rightful owner
does not make use of the Trademark during three years.
d. The expiration or refusal
of the registration of the foreign Trademark in the country of its origin.
The right on a registered
Trademark can be delegated under the conditions that either the Company of
which the commodity the Trademark, is appropriated for, is delegated to or has
been passed to the same person. The public should rely on the fact that a
given Trademark bearing article is always produced by the same Company.
7.0
THE OFFICE FOR INDUSTRIAL
PROPERTY
In Suriname the Office for
Industrial Property is entrusted with the protection of inventors, trademarks,
models and designs, varieties of plants and intellectual property.
During the pre-independence
period of Suriname, the Office for Industrial Property was an Dependance of
the Office of the Netherlands. The Office does not have a special Act but the
terms of reference for this Office are defined in two different laws.
The Trademarks provides that
in Suriname, the Prosecution Council is in charge as assistant Office for the
Industrial Property of the Office established in The Hague (Netherlands).
Regarding the registration of
Trademarks, the terms of reference of the Office for Industrial Property are
as follows:
* The application for the
registration should be submitted in duplicate and should include name and
address of the applicant. In case the applicant is not a resident of Suriname,
then the name and address of the local representative should be provided. In
case of a Company, the name and address. Six copies should be provided
representing the Trademark and an indication of the commodities to which the
Trademark will be applied.
It is not specifically
required that the applicant resides in Suriname or that the Company is already
in production.
After application has been
submitted, the Office for Industrial property should investigate if the
Trademark has not been previously registered, is not similar to, or resembles
a Trademark which already has been registered by another.
A decision on the
registration should be given within one week. Prior to Surinames
independence the Office dealing with Intellectual Property transmitted al
applications for patent registration to the Patent Council in the Netherlands
which made a thorough examination.
Except for the name and
address of the applicant a clear and complete description of the invention was
required.
If necessary, the description
should be accompanied with designs, models, samples, experiments and
elucidations. The applicant should indicate for what purpose exclusive rights
are requested and if applications for patents have been filed in other
countries. The Patent Council should also be informed about the possible
objections and or rejection in the other countries.
If the application is
considered for conferment of a patent, the request will be published. After
the publication, objections can be presented and if two months after the
publication there are no objections submitted to the Council, the patent will
be considered to be presented in the way the application has been published.
Since the Prosecution Council
is in charge of the servicing the Intellectual Property, the Attorney General
is officially the Director of the Office.
8.0
FEASIBILITY FOR REGISTRATIONS
UNDER THE EXISTING SYSTEM
Under the countrys
existing the next possibilities for registration are:
8.1 Indigenous knowledge
The Patent Act granted to the
inventor of a new product, method or an improvement of a product in an
Industry, an exclusive right. The indigenous knowledge e.g. their knowledge
over plants with medicinal opportunities, can be seen as a new method for the
pharmaceutical Industry, so it is possible for the indigenous and tribal
people to obtain for a Copyright.
The Copyright Act gives
creators of work of art or scientists the exclusive right to publish and
duplicate the production. Under the Copyright Act it is an opportunity for the
indigenous and tribal people to registrate their creations of work of art or
scientist.
8.2 Biotechnology
As mentioned before, the
Patent Act grants an exclusive right to the inventor of a new product, method
or an improvement of a product in an Industry.
In case of a Bio-technology
product the Patent Act is an opportunity for registration.
For genetic engineering
products the Suriname existing system has no possibilities for registration.
The Constitution makes
provisions for those agreements, based on International Law with other states
and International Organizations, to be legally binding once ratified and
published in the Government Gazette (articles 103, 105 of the Constitution).
Article 106 of the
Constitution states that laws and regulations which are on the Statute Books
Contravention with the provisions of conventions ratified by the Government.
Under the Constitution
citizens of Suriname can appeal to agreements and or pacts entered by the
Government in order to protect their rights.
In this case the Convention
of Paris (1967) is a suitable example for the establishment of trade secrets
by the indigenous people.
The knowledge of the
indigenous people plays a very important role in the maintenance and
utilization of the bio-diversity.
The knowledge of the use of
plants for medicinal purpose can be considered as a trade secret.
One can also appeal on the
Bern Convention1 in which article 1 states that parties to the Conventions
Constitute a Union for the protection of the rights of authors in their
literary and artistic works.
These rights are defined
widely to include every production in the literary, scientific and artistic
domain, whatever may be the mode or form of its expression and extends to
translations, adaptations and other alterations of literary or artistic works.
Because of the provisions in
the Constitution it is possible that the Suriname population can count on all
pacts, conventions etc. of which Suriname is a party. Though the Surinam
legislation became obsolete it still offers opportunities to establish of the
Intellectual Property Right but above all this , one can count on the pacts
and conventions.
The institution in charge of
the registration of Intellectual Property Right is insufficient equipped to
accomplish the tasks through which it will still be difficult to obtain the
desirable protection.
9.0
LEGAL INITIATIVES
Some effort has been made to
amend the Act in the field of Intellectual Property. In this respect two
initiatives are known. At the request of Suriname in 1981 the WIPO presented a
bill on Intellectual Property to improve the law in the field of Intellectual
Property.
Another bill was presented in
1986, comes from the Working Group "The Right of the First " (recht
van de eerste). The proposal has its origin from interests groups in trade and
industry.
This bill intends to replace
the antiquated text on Intellectual Property and to amend the legislation in
line with the International provisions.
In all official documents of
institutions, as the Chamber of Commerce and Factories, the Center for
Industrial Development and Export Promotion, addressed to the Government the
importance of the protection of Intellectual Property is indicated.
Another group of musicians
and graphic creators are preparing a a bill mainly to adjust the Copyright.
Recently the Ministry of
Justice and Police received a concept Memorandum of Understanding concerning
Protection of Intellectual Property Rights from the Embassy of the USA to
study.
According to the Director of
the Office for Intellectual Property it takes some time to take the bills into
consideration. Principally this is due to:
The priorities of the
Government
Lack of manpower to study the
bills and give comments and adjustment according to the Surinam situation
The economic situation which
leads personnel to resinate for a better job.
The Government of Suriname is
now implementing AN Economic Structural Adjustment Programme which has
negative Social-economical consequences for the population.
The Adjustment Program has
all priority from the Government resulting in a further delay in the
implementation of the recommendations and provisions under of the Convention
on the Bio-diversity.
On May 26th, 1994 the Council
of Ministers approved the text of the Convention on Bio-diversity. As a
consequence of this approval, a special working group had been installed. This
working group should adjust her working schedule according to a campaign,
taking into consideration the execution of de UNCED Conventions.
10.0
NATIONAL INITIATIVES
OF RELATED INTELLECTUAL
PROPERTY RIGHT
IN SURINAME
10.1 The Surinam Biodiversity
Prospecting Initiative (Biodiversity Convention
In December 1993 an
initiative was announced in which an NGO Conservation International, native
Suriname people, and a Suriname pharmaceutical Company with US pharmaceutical
experts embarks on a joint project. This etno-botanically based bio-diversity
prospecting initiative identifies and screens tropical plants for potential
medicinal use on an international scale. Anticipated results of the initiative
are considered potential economical alternatives to deforestation and
conservation of bio-diversity, with financial benefits from any drug
discoveries to Suriname and its native peoples, and technology transfer from
the United States to a conservation-based pharmaceutical Industry in Suriname.
The initiative is one of the first working models to implement the standards
of the Conservation on Biological Diversity.
The initiative recognizes the
value of standing rain forest as a potential source of new medicines and fully
incorporates the rights of indigenous and local people as botanical
prospectors and guardians of their resources.
The initiative is designed to
conserve the biological diversity of one of the worlds last tropical areas
by providing economic incentives to the forest people and Surinam Institutions
involved in identifying new medicines, with special focus anti-HIV and anti-cancer
compounds.
Critical to the initiative is
the creation of a Forest Peoples Fund designed to support local communities
in the interior of Suriname in their search for conservation-based
alternatives to forest destruction. The first on its kind, the fund will be
managed with membership and full participation of indigenous and local people.
The initiative promotes the
study of the traditional use of plants within indigenous communities.
By instituting an "etno-botanical
premium" which pays a higher royalty for pharmaceutical products derived
from medicinal plants identified through indigenous knowledge, the initiative
creates an added economic incentive for the locals collectors to preserve
their knowledge and their forest.
Fifty percent of the
royalties returned to Suriname from the future sales of any new etno-botanically
identified drug will be disbursed to forest people communities through the
Fund.
This initiative links the
vital partners to built a new industry dependent on the conservation of Bio-diversity.
Significant is the role of the forest people in the initiative.
Some important provisions in
the contract are:
1 Access to Genetic Resources:
The contract is limited to the collection of angio sperms only. The contract
recognizes that Suriname controls the access to and seeks to maintain the
sovereignty over their natural resources. By separate permit the National
authority on natural resources approved the collection only.
2 Indigenous knowledge: The
contract also recognizes above all that the country of Suriname and the
indigenous people posses valuable trade secrets, knowhow, and other
intellectual property rights regarding the use of certain samples.
The contract requires that
all ethno-botanically related(indigenous) knowledge utilized, is not only
compensated for up front but also collected and recorded with the consent of
those people providing such information.
The contract requires that
explanation be given about all legal op- tions and to inform the indigenous
and tribal people of their rights to royalties and license fees derived from
discoveries made from Angio Perms collected both randomly and ethno-botanically.
3 Patents: Where a plant
extracts leads to some novel compound, drug or other product, the discover(s)
shall have the option to secure exclusive development and commercialization of
the product. The agreement currently allows for joint patent ownership in the
event more than one sub-program has significantly contributed to the invention.
4 Technology transfer: The
program shall ensure the long term establishment of independent collection,
and extraction capabilities of Suriname trough the transfer of appropriate
technology.
5 Royalties: The contract
provides for future royalties which are above the avera- ge commercial rate.
The royalties will be apportioned between the participating parties and
indigenous peoples Communities.
The royalty provisions
currently account for various levels of added value to the plant material.
Additional information such as traditional medicinal uses raises the
percentage of the royalty to compensate for such indigenous knowledge. The
provision has an accounting clause to ensure compliance with accurate
reporting and may include an encoding system to ensure that all laboratory
results which require further test samples automatically report them self in
the form of requests for the plant identification etc.
6 Etno-botanical information:
The program will collect data on the % of species sed with actual levels of
diversity. All information will be documented in three languages Dutch,
English and the local indigenous/semi indigenous language. This information
will be used in environmental education/cultural enhancement projects.
10.2 Movement for Ecotourism
in Suriname (METS)
The METS was originally
formed in 1962 by the Government of SuRiname to develop tourism resorts in the
Amazon.
Recently METS was privatized
according to national policy initiatives (Structural Adjusted Programme) with
a keen understanding of the developmental status if indigenous population
groups in the interior, METS has taken an active role in sustainable
development and is one of the few ecological focused tour companies who works
in conjunction with an empty native people of the region.
Tour highlights from the METS
are:
Wood carving demonstrations
Official visit to the
different tribal Grand Chiefs
Amerindian and bushnegro arts
and crafts
Traditional, cultural maroon
singing and dancing
Archery instruction
10.3 Foundation for Nature
Preservation, Suriname (STINASU)
STINASU is an Governmental
organization and is responsible for the management of the nature reserves. The
main objectives of STINASU are:
Nature education
Nature management
exploitation
Tourism
Training for wild life
rangers
The main project of the
foundation now is the rehabilitation of two nature reserves: the Browns and
the Raleigh falls.
10.4 Caribbean Institute for
Biological Agriculture
A few months ago this
Institute with his principal seat in Suriname, was established because of the
use on big scale of artificial manure and others and other chemicals in the
agriculture. One of the main goals of this Institute is to educate farmers the
principals of the biological agriculture without chemicals. This Institute
will establish a few demonstration farms based on biological principles and
will certificate the so called "Green Products".
11.0
CONCLUSION OVER AND
RECOMMENDATIONS
ON IMPROVING THE NATIONAL
SYSTEM
An evaluation of the National
system, presents as major obstacles are:
1. Policy
On different occasions the
Government stated to be in support of sustainable development principle.
At the UNCED 1992 in Rio de
Janeiro the President stated:
"The comprehensive and
the integrated set of programs of Agenda 21, which has been defined for a wide
area of issues in the field of environment and development, will surely serve
as a basic reference in designing our National strategies with regard to our
environmental policies".
Taken into consideration what
already has been done about the implementation of the Convention of Bio-diversity,
it can be stated that their is a lack of an overall National policy which
deals with bio-diversity, development and management.
Required technical advice to
the Government regarding issues on environment and development.
Cooperation with the
authorities in developing and furthering an integrated developmental strategy
that encompasses conservation and environmental consideration at both the
national and regional level.
2. Institutional capacity
There is an enormous spread
of responsibilities and lack of overall coordination of the organizations
working on environmental and development issues in Suriname. Aspects of
environmental management and planning fall under the jurisdiction of several
Government Departments, and the National Planning Bureau: The Ministry of
Agriculture, the Ministry of Natural Resources, the Ministry of Health, the
Ministry of Public Works. In addition several inter-institutional working
groups with specific terms of reference have been installed as well as the
Ministry of Regional (Interior Rural) Development.
The Ministry of Planning and
International Cooperation is in charge of all matters pertaining to National
planning, development and for International cooperation.
In June 1994 the decision has
been taken to fully integrate the National Planning Bureau into this Ministry.
This Ministry is also coordinating the implementation of the economic
Structural Adjustment Programme.
At the policy level is the
Ministry of Agriculture Animal Husbandry and Fisheries responsible for the
agricultural sector.
In cooperation with the
University of Suriname, it carries out research. This Ministry is also
responsible for the management of land and water used for agricultural
purposes, and use of agro-chemicals, for the management of fish resources,.
The Inter-institutional
Pesticide Working Group advises the Ministries on all issues regarding agro-chemicals
and the Ministry will establish a Pesticide Law and monitoring Bureau for this
purpose.
The Ministry of Natural
Resources controls the utilization and management of all energy sources and
natural resources, except fish. Within the Ministry, the Forest Service is in
charge of forest management including the implementation of Cites regulations
and law on endangered species of flora and fauna. These activities are
conducted in close cooperation with STINASU (Foundation for Nature
Preservation in Suriname). In addition, the Ministry collaborates with the
Ministry of Agriculture and Public Works in dealing with certain land-use
issues.
The Ministry of Healths
responsibility for environmental health management includes the control on
infectious diseases, the testing of the quality of food products; the disposal
of certain industrial wastes; and, in cooperation with the Department of Waste
Disposal of the Ministry of Public Works, the collection and disposal of
municipal wastes. The Ministry is also in the process of establishing
standards for water, soil and air quality, as they relate to human health.
The Ministry of Public works
is apart from infrastructure responsible for climate hydrological research
including monitoring of water quality and survey´s carried out in
cooperation with the fisheries department, the Nature Conservation Division
and the Bureau for Public Health.
3. Law
Almost twenty years after the
political independence, the preindependence text of laws still are in
existence.
The provisions for the
colonial period are still in force and do not necessarily meet the conditions
existing nowadays. Most of the provisions were meant for the Netherlands,
where meanwhile they have also been modified.
Considering the rapid
National and International changes, it is important that the Suriname
legislation is amended to incorporate the changes and progress in line with
the conventions.
The Suriname Copyright
provisions are based on the "Authors Act" of 1913, amended in 1959.
Suriname a member of the Union of Berne (1886) for the protection of
productions of literature and art. On February 23rd 1977, Suriname became
party to the latest version of the Berne Convention, the Act of Paris of 1971.
It is to be noted however,
that the National Law on these issues is adapted to the Act of Brussels of
1948 only.
Based on article 11 of the
additional articles of the Surinam Constitution of November 25th, 1975, the
Governmental Patent Act of 1910 of the Kingdom of the Netherlands, acquired
the status of Law under the Suriname Law system.
By means of this provision,
the patents granted by the Patent Council of the Netherlands are automatically
actual in Suriname.
The Netherlands Patent Act
has been updated, by which means it is not clear if the now in the Netherlands
permitted patents still are actual in Suriname.
After the independence of
Suriname no more Patents has been registered at the Office.
Currently the Surinam Patent
System is rather poorly organized.
As a member of the Union for
the Protection of the Intellectual Property, Suriname is committed to have a
properly organized Patent System.
The Surinam law on Trademarks
is based on a Royal decree of 1912. Most of the articles have lost their
relevance through which the law on Trademarks had become judge law. The only
article (2) that still have some relevance states that the right on Trademarks
comes into existence by means of the use of a mark either in Suriname or in
Europe, Dutch Indies or Curacao.
Meanwhile this regulation is
modified in the Netherlands in the sense that the right on Trademarks does not
starts at the first use of it but by its registration.
In article 8 of the present
Surinam law on Trademarks, a situation of Trademark commodities is presented
which still has a starting point of a commitment of Suriname to the Pact of
Madrid of 1891, while Suriname has cancelled her membership since 1959.
4. Human resources
Within the Government there
is a Lack of trained personnel to adequately undertake the planning and
management of development projects. This is due to the continuing emigration
of trained professionals and technicians.
Success of investment
projects will depend on the presence of qualified manpower and the current
number of qualified personnel in the country is in short supply, especially in
the field of project and business managements.
5. Finance/Funding
Insufficient funding for even
the most basic programmes and activities of maintenance, testing, quality
control and research results in the deterioration of equipment and
infrastructure, lack of financing for projects result in some very important
projects going unexecuted, in others being under funded, and at others, though
executed, leave out significant components.
6. International Cooperation
Except for the national
obstacles some international obstacles can be mentioned. The most important
are:
The absence of an effective
exchange of information, cooperation and coordination in Suriname among the
international organizations and institutions which providing development
assistance often causes duplication of efforts:
7. International financing
Problems in gaining
international financing from certain donor countries and institutions because
of perceived reluctance on the part of the Government to adopt certain
policies such as those involving structural adjustment of the economy,
democratization and other conditionalities.
RECOMMENDATIONS
It is recommended to:
1. Set up in cooperation with
the relevant interest groups a national focal point
which will be responsible for
coordinating all responses of Government and
the public on questions of
Intellectual Property Rights at national and interna-
tional level.
The Ministry of Justice and
Police Trade and Industry to name or create an Intellectual Property Right
focal point which will receive all National and International inquiries
concerning the issue and distribute them to the public.
2. Develop a National policy
and National legal body structure which will guide,
instruct and direct all
activities on Intellectual Property Rights issues.
This National level
Institution which should have the mandate, budget and personnel to carry out
the duties of coordinating activities related to Intellectual Property Rights.
3. Establish sectoral
Commission under the jurisdiction of this Intellectual Proper-
ty Rights Office and direct a
series of working groups including an indigenous
peoples Intellectual Property
Rights section.
Develop mechanisms to address:
amendments of the laws on International Property Rights efficient inter-institutional
cooperation; Identify the training needs; Develop mechanisms to promote
Intellectual Property Rights formulate the national policy on application
traditional knowledge of indigenous and tribal people of new technologies;
prepare programmes for the execution of this policy in harmony with the
training level of personal and available assistance from outside; develop
mechanisms for the efficient execution of the programs developed by the
working groups and Commissions.
4. Establish perceptions,
policies, structures and mandates in all Government
Institutions and industrial
commercial and trade indigenous communities
which will effectively and
efficiently respond to the challenges of possibilities
and benefits of the
Intellectual Property Rights.
5. Actively participate in
the international agreements, protocols and conventions
related to Intellectual
Property Rights and which are of relevance to the develop-
ment of Suriname.
6 THE LAW
The development of an
adequate legal frame work in line with recent global initiatives is eminent
for Suriname. The first step is to develop a National Policy on environmental
development.
Most laws are out dated,
obsolete or incomplete and need to be amended. These amendments should promote
resource based and suitable development.
The best for Suriname as a
developing nation that promotes bio-diversity prospecting, domestic innovation
and technological equity equation is to have an intellectual property system
including trade secret legislation, patent protection, plant breeders right,
trade mark, copyright law and a petty patent system.
The Surinam system of rights
on Intellectual Property will create the possibilities for an adequate
protection of the products of bio-diversity, prospecting, optimize the
benefits to those who preserve wild habitat and sustainable development of
natural resources.
Laws regarding environmental
protection intellectual property (patent Trademark), natural resources ( law
on Forest, Mineral Law) should have proper interaction. By means of this
interaction it will be possible to combine development with protection and to
built up a structure for sustainable bio-diversity prospecting.
The introduction of a legal
system of trade secrets; mainly for the indigenous people, it is important
that they can apply for Trade secrets.
An example of this is the
knowledge of the medicinal use of a plant or extraction method handed down
over generations.
The introduction of a legal
system of patent right; where situations on which indigenous people with the
use of traditional knowledge make use of a mixture of plants for medicinal
purpose can be taken into consideration. Patent can be applied for on the
method of preparation specifically when admixtures are applied.
Lately a project on medicinal
plants started in Suriname, by which the possibility for people is available
to establish rights on Intellectual Property. Some organizations have
announced to start with research projects to study the possibilities of
medicinal plants. In this frame it is important that plant breeders right
is being introduced to promote a sustainable development of plant genetic
resources. The possibilities could be studied to become a member of the
International Convention For the Protection of New Varieties of Plants, 1991
(UPOV Convention).
The system of the right on
Trademarks should be strengthened with the introduction of a certificate in
particular for the so called "Green Products". This certificate
could indicate the origin of the products and the breeding method used.
The provisions of the Bio-diversity
Convention ensure that the relationship between indigenous peoples
intellectual property and bio-diversity protection is closely examined to
ensure that environmental and sustainable development goals are fully
integrated 1. In that policy should be expressed that the Government
acknowledges the vital roll that the indigenous people and their communities
and other local communities should be concerned in the sustainable development.
REFERENCES
Agenda 21
ABYA YALA News, Volume 7;
Journal of the South and Meso American Indian infor-
mation Center
Antagonist people volume 2 nr
2
CRS Report for Congress: Bio-technology,
Indigenous People and Intellectual Property
Rights
Indigenous People Volume 11
no 2
RAFI Communique (Rural
Advancement Foundation International) January/February
1994. The Patenting of Human
Genetic Material
WIPO 423 (E) January, 1994
An Intellectual Property
Rights FRamework for BIo-diversity Prospecting: Michael
Gollin
Intellectual Property Rights
for Indigenous People, A Source Book, Tom Greaves
A dissertation over the
Suriname TRademark Act, September 1983: Jacintha
Duttenhofer
The Suriname Country Report
Suriname Judical Gazette
November 1978
The Suriname Plan Atlas
prepared by the Planning Office
APPENDIX 01
Translator´s note: due to
the limited time allowed for making this translation, it should only be
considered a draft translation, and by no means an official, government
approved translation.
1946
No. 73
GOVERNMENT GAZETTE of
SURINAME
RESOLUTION of 13 June 1946
no. 1862, providing for the publication in the Government Gazette of the
statutory text of the Royal decree of 29 August 1912 No. 57 (Statute book no.
284, Government Gazette no. 87), containing provisions for the manufacturers
trade name and trade mark in the Colonies and the Auxiliary bureaus for
Industrial Property.
THE GOVERNOR OF
SURINAME,Having heard the Attorney General;
DECIDES :
To stipulate that the Royal
decree of 29 August 1912, no. 57 (Statute book no. 284, Government Gazette no.
87), providing for the manufacturers trade name and mark in the Colonies
and the Auxiliary bureaus for Industrial Property, after the amendments and
supplements introduced therein by the Royal Decrees of 27 May 1914 no. 64 (Government
Gazette no. 34), 26 January 1915 (Statute book no. 26, Government Gazette 12),
26 November 1920 no. 828, Government Gazette 1921 no. 11), 19 December 1921 (Statute
book No. 1362, Government Gazette no. 1922 no. 8), 24 December 1924 (Statute
book no. 582, Government Gazette 1925 no. 19), 5 September 1925 (statute book
no. 374, Government Gazette no. 65); a copy of this resolution will be placed
in the Government Gazette.
Paramaribo, 13 June 1946
J.C. BRONS
Done 27 July 1946
The acting Government
Secretary,
H.K.A. KLEINE
ROYAL decree of 29 August
1912 no. 57 (Statute book no. 284, Government Gazette no. 87) providing for
the manufacturers trade name and mark in the Colonies and the Auxiliary
bureaus for Industrial Property, after the amendments and supplements
introduced therein by the Royal Decrees of 27 May 1914 no. 64 (Government
Gazette no. 34), 26 January 1915 (Statute book no. 26, Government Gazette no.
12), 26 November 1920 (Statute book no. 828, Government Gazette 1921 no. 11),
19 December 1921 (Statute book no. 1362, Government Gazette 1922 no. 8). 24
December 1924 (Statute book 582, Government Gazette 1925 no. 19), 5 September
1925 (Statute book no. 374, Government Gazette no. 84), and by the decree of
13 March 1931 (Government Gazette no. 65). *)
Article 1 (**)
1. As auxiliary bureau for
Industrial Property of the Bureau in The Hague as intended by Article 1 of the
Law on Marks, x) the local Department of Justice is responsible for the
service for industrial property in the Dutch East Indies, and in Suriname and
Curasao the public prosecutor of the Attorney General of the Local Court of
Justice
2. The Auxiliary bureau is
also an auxiliary depository responsible for the public announcements of the
manufacturers trade names and marks in the Colonies where it is established
3. The Auxiliary bureau
provides the Bureau in The Hague with all the information concerning the
industrial property which it requires
Article 2
1. In the Dutch East Indies,
Suriname and Curaçao the right to the exclusive use of a mark for the
distinction of a persons products and commodities from those of another is
given to the person who first made use of that mark in the Empire in Europe,
the Dutch East Indies, Suriname or Curaçao, yet only for that type of goods
for which it was used by him, and no longer than three years after the last
application
2. Subject to proof to the
contrary and the provisions in the following paragraph, he who first met the
regulations of article 4 shall be considered to be the first user of the mark
submitted
3. He who has submitted to
the Auxiliary bureau for industrial property a mark within the period of four
months, after he has registered that mark in good order according to article 6
of the international agreement for the protection of industrial property,
concluded on 20 March 1883 in Paris (Dutch Statute book 1884 no. 189, the
Dutch East Indies Statute book 1888 no. 188, Government Gazette of Suriname
1890 no. 8, and the Gazette of Curaçao 1890, no. 3) *), in one of the States
which have entered into this agreement, shall be expected to have already made
use of this mark at the time of his request of that period in the colony
4. He who submits, for
registration to the Auxiliary bureau for industrial property for those types
of goods pursuant to Article 4, a mark under which his manufactured goods and
commodities have been on display on a official kind of recognized
international fair on the territory of one of the aforementioned States which
have entered into the international agreement of Paris within six months after
the opening of that fair, shall be expected to have already made use of that
mark in the Colony where the Auxiliary bureau is established, on the day on
which the goods with such mark are on display. In witness of such presence on
the day of display the Auxiliary bureau for industrial property can require
the submission of a certified statement of the board of the fair or, for its
satisfaction, from another competent source
Article 3
1. Registering a mark in the
name of more than one rightful claimant is only then permitted, if this
entitles all collectively to the company or trade institution for the
distinction of which goods the mark is intended. For the evidence of the
latter the Auxiliary bureau for industrial property can require the party
concerned to produce a certified copy of the certificate that conveys the
collective entitlement
Article 4. *)
1. For obtaining the
registration of a mark the party concerned shall submit to the Auxiliary
bureau for industrial property appointed for the Colony where he desires to
register a plate of that mark measuring 1,5 cm and not exceeding 10cm in
length and width, and 2,4 cm thick, also three samples of a clear illustration
of his mark signed by him or in his name. The type of goods the mark is
intended for and the full name and place of residence of the entrant shall be
stated as well. If the entrant wishes the colour of the mark to be distinctive
he shall provide a brief indication of the colour or colours wherein the mark
is depicted, and he shall put a number of copies to be determined by the
Auxiliary bureau for industrial property at the disposal of that Auxiliary
bureau
2. The entry can also take
place by a person authorized in writing
3. The mark shall not contain
words or representations which are contrary to public decency or by which the
use of the mark is in contrast with public order. It shallnot contain even
with a minor deviation, the weapon or the seal of any public corporation
4. For each entry thirty
guilders shall be deposited for every mark, and which shall not be refunded
Article 5 **)
1. The submitted mark shall,
pursuant to the foregoing article be registered by the Auxiliary Bureau for
industrial property as soon as possible after the day of receipt in the public
register intended for that purpose, the model being the same as the one
specified by the Minister in charge of the Law on Marks, in pursuance of
article 5 of that Law
2. Both samples of the
illustrations which were produced, shall be certified adding the date and the
number under which the registration has been recorded
3. One of those samples shall
be returned to the entrant within three days thereafter
4. To the other sample the
power of attorney shall be attached in the case, as intended in the second
paragraph of article 4
Article 6 *)
1. The Auxiliary bureau for
industrial property shall publish a print of the plate as in-dicated in
Article 4, of each of the registered marks recorded since the last time of
publication, in the next publication each month of the Javasche Courant in the
Dutch East Indies, in the next publication each month of the newspaper in
Suriname and Curaçao, wherein official announcements are placed, stating the
type of goods for which they are intended, the full names and places of
residence of the entrants, and, if the colour of the mark is a distinctive
characteristic thereof, a concise indication of the colour or colours in which
the mark is represented
2. These announcements shall
be placed in separate supplements of that newspaper or gazette which are made
publicly available separately. Thereafter the plate is returned to the entrant
on request
Article 7 **)
1. The Dutch national and the
alien in the Dutch East Indies, Suriname or Curaçao, residing there or owning
an establishment of industry or trade established in good faith and truly
intended for the practice of industry or trade who wants to guarantee the
protection of his mark for the same type of goods entered pursuant to article
4 in other States, too, which have become a party to the agreement of 12
December 1892 (Dutch Statute book no. 270, Dutch West Indies Statute book
1893, no. 99, Government Gazette of Suriname 1893 no. 8, and the Publishing
book/gazette of Curaçao 1893 no. 2) *) ratified on 14 April 1891 in Madrid,
shall submit to the Auxiliary bureau for Industrial Property in the Colony
where he resides or where his institution of industry or trade is established
yet four samples of which one signed, one clear representation of that mark, a
statement of the type of goods for which the mark is intended drawn up in the
French language and signed, and a plate complying with the requirements stated
in the foregoing article. If the colour of the mark is a distinctive
characteristic thereof the entrant will make mention thereof by adding a
concise indication of the colour or colours in which the mark is represented,
drawn up in the French language and signed by him or in his name, and he shall
put at the disposal of the Auxiliary bureau for industrial property a number
of copies in the colour of the mark, to be determined by this Auxiliary bureau
2. The second paragraph of
article 4 shall be applicable in this respect
3. For the entry an amount of
sixty guilders shall be deposited for one mark, for every subsequent mark
entered simultaneoulsy with the first one and by or for the same entrant, the
amount of thirty guilders shall be deposited. There shall be no refund in any
case of what has been paid accordingly
4. If the mark entered in
pursuance of article 4 is not registered according to article 5 the Auxiliary
bureau for industrial property will notify the entrant that the application
for registration at the International Bureau in Bern cannot be effected for
the time being
5. If, or as soon as the mark
is registered according to article 5 the Auxiliary bureau for industrial
property submits forthwith, adding the amount of fifty-five guilders for one
mark and the amount of twenty-five guilders for every subsequent mark
simultaneously entered with the first one and by or for the entrant, the first
three signed copies of the illustriation as intended in the first paragraph
and the statement of the type of goods with the plate drawn up in the French
language and signed and, in the case of the last clause of the first paragraph
of this article, a number of copies in the colour of the mark to be determined
by the Bureau in The Hague, to that Bureau which shall see to the immediate
application for registration at the International Bureau in Bern
6. The Auxiliary bureau
retains the signed copy of the representation, which will be certified
7. The Bureau in The Hague
notifies forthwith the Auxiliary Bureau of all notices conveyed by the
International Bureau in Bern concerning the mark, the Bureau then notifies the
entrant insofar as such can be considered to be of importance to him
8. In addition, the Bureau in
The Hague sends to the Auxiliary Bureau the copy of the application for
registration returned by the International Bureau in Bern
Article 8 *)
1. The Bureau in The Hague
shall, each time it receives an announcement pursuant to article 3 of the
aforementioned Madrid agreement as amended by the additional act signed and
ratified on 14 December 1900 in Brussels under the law of 7 June 1902 (Dutch
Statute book/gazette no. 85, the Dutch West Indies no.377, Government Gazette
of Suriname no. 22 and the Gazette of Curaçao no. 37)**) concerning the
international registration of a mark, or a foreign mark entered with an
Auxiliary Bureau, send as soon as possible a certified copy of this
announcement to the Auxiliary Bureau involved by which, pursuant to the
provisions of article 9, (as soon as possible upon receipt) the mark to which
the announcement refers shall be registered as soon as possible after receipt
in the public register intended for that purpose, the model being the same as
the one specified by the Minister in charge of the law on Marks, in pursuance
of article 8 of that Law
2. The copy received of the
announcement shall be certified adding the day and the number under which the
registration has been recorded
3. If the internationally
registered mark was entered with the Auxiliary Bureau for industrial property
pursuant to article 7 the bureau shall notify the entrant of this
international registration as soon as possible, as wellas a dated registration
certificate as intended in the first paragraph of this article
4. The paper "Les
Marques Internationales" of the International Bureau in Bern
containing the announcements of the international registration marks, shall be
made generally available to the Auxiliary Bureau, the necessary copies being
forwarded by the Bureau in The Hague
5. Each time mention shall be
made of this availability in the newspaper or gazette as intended in article 6
Article 9 *)
1. If the mark entered
according to article 4, and the foreign mark intended in article 8 is in whole
or mainly similar to that which is registered for the same goods in the name
of another party, is entered earlier by another party, or if it is in defiance
of the provisions of the second last paragraph of article 4, the Auxiliary
bureau for industrial property can refuse registration whereof it notifies the
International Bureau in Bern in writing stating the grounds for refusal as
soon as possible after the day of receipt of the mark from the entrant, or
after receipt of the announcement intended in article 8
2. The entrant pursuant to
article 4, or the entrant of the mark intended in article 8, can turn to the
council of justice in Batavia in the Dutch East Indies, to the local Court of
Justice in Suriname or on Curaçao by means of a petition signed either by him
or by his attorney, for the registration to be ordered. The entrant pursuant
to article 4 shall do this within 3 months, the entrant of the mark pursuant
to article 8 within a year after notification
Article 10 *)
1. If the registered mark
pursuant to article 5, or the registered foreign mark pursuant to article 8,
is in whole or mainly similar to that which another person for the same type
of goods is entitled to in pursuance of article 2, or contains the name of the
company of another party, the person who states to have such right, or whose
name or company carries that mark without prejudice to other legal remedies at
his disposal as far as a registered mark is concerned pursuant to article 5,
can turn to the council of justice in Batavia in the Dutch East Indies, to the
local Court of Law in Suriname or Curaçao within nine months after the
announcement laid down in art. 6, and insofar as a foreign mark is concerned
in pursuance of article 8 within nine months after the prescribed announcement
at the end thereof in order for the registration to be nullified
2. Even after the expiration
of the period mentioned in the first paragraph the aforementioned claimant can
petition the nullification of the registration in the same manner in case his
right is apparent by order of the court
3. Within the period
mentioned in the first paragraph the Public Prosecutor can, if the mark is in
defiance of the provisions of the second last paragraph of article 4, claim
from one of the Boards mentioned in the first paragraph that the registration
be nullified
Article 11
The clerk shall notify the
Auxiliary Bureau for Industrial Property of each request as intended in
article 9 and 10 and of each petition of the Public Prosecutor as intended in
Article 10 in writing within three days
Article 12
1. The Boards mentioned in
the last paragraph of article 9 and the first paragraph of article 10 shall
rule behind closed doors
2. The ruling on request done
pursuant to article 9 shall only be given after the petitioner has been given
the opportunity to orally defend his right to the registration of that mark.
The petition and the simple appointment for the setting of the court-date
shall be communicated to the head of the Auxiliary bureau on behalf of the
petitioner, within fourteen days after the date of such appointment
3. The decision on a petition
or a claim done in pursuance of article 10 shall only be given after
examination or proper summoning of the entrant of the mark on the day set by
the Board by simple appointment at the request or petition which the clerk
will convey to the Auxiliary Bureau for industrial property in writing, and,
if it concerns a registered mark pursuant to article 5 the entrant will be
notified on behalf of the petitioner or the Public Prosecutor of the request
or the petition and the apointment fourteen days after the date of the latter
4. If it concerns a
registered mark pursuant to article 8 the Auxiliary Bureau, will notify the
Bureau in The Hague of this request or the petition and informs this Bureau of
the day set by the Board for the examination as soon as possible, and at least
three months in advance. 5. The Bureau in The Hague informs the International
Bureau in Bern of all this as soon as possible
6. At the examination the
petitioner, and in the case referred to in the last paragraph of article 10,
the Public Prosecutor shall be allowed to state his case by word of mouth
7. Before concluding an
examination as prescribed in this article the judge sets the date on which he
shall pass judgement
Article 13
1. An appeal of the decision
shall not be allowed
2. In the Dutch East Indies,
but not in Suriname and Curaçao an appeal with the court of cassation can be
lodged within a month after the day of the decision. The petition to this
effect shall be served to the party concerned if it involves an entered
registered mark pursuant to article 4
3. If the scope of the appeal
is such as to have the registration of the mark annulled the Auxiliary Bureau
for industrial property in the Dutch East Indies shall be considered the party
concerned
4. Of every other appeal with
the court of cassation which is not lodged by that Auxiliary bureau the clerk
of the Supreme Court in the Dutch East Indies shall make mention to that
Bureau in writing and within three days
5. If the appeal with the
court of cassation concerns a mark as intended in Article 8 that Auxiliary
Bureau shall notify the Bureau in The Hague thereof which shall notify the
International Bureau in Bern
Article 14
1. He who does not reside in
the Colony shall choose a place of residence in the Colony when registering as
intended in article 4 or article 7, and when submitting a petition as intended
in article 9, article 10 or article 13
2. All exploits shall be done
in that chosen place of residence
Article 15 *)
1. The Auxiliary Bureau for
industrial Property shall be notified in writing of the decision of the Board
of Justice in Batavia and the Court of Justice in Suriname or Curaçao within
three days
2. In the Dutch East Indies
equal notification of the outcome of the appeal with the court of cassation
shall be given by the clerk of the Supreme Court
3. In conformity with the
decision of the Board, as soon as this is definitive, or of the Supreme Court
of the Dutch East Indies if it has decided the main case, the aforementioned
Auxiliary Bureau shall record the registered mark or the nullification of the
registration in the column of the public register wherein the mark is
registered intended for that purpose
4. The registration shall
then be considered to have taken place on the day of entry or receipt of the
announcement as intended in article 8
5. The Auxiliary Bureau shall
convey these notifications as prescribed in this article, insofar as it
concerns a mark as intended in article 8, to the Bureau in The Hague as soon
as the decision is definitive
6. This Bureau shall notify
the International Bureau in Bern as soon as possible thereof
Article 16 *)
1. The Auxiliary Bureau for
industrial property shall take care of the notification of:
1o. the refusal of the
registration of a mark pursuant to article 8 as soon as the period prescribed
in the second paragraph of article 9 has expired without a petition as
intended there having been submitted, or as soon as the rejection is
definitive in such petition;
2o. the nullification of the
registration of the mark of which either the description of the representation
was already made public pursuant to article 6, or the announcement of
international registration (was) already placed in the paper "Les
Marques Internationales" of the International Bureau in Bern.
3o. the expired effectiveness
of registration due to one of the reasons mentioned in article 18 nos. 1 or 3;
4o. the transfer of a
registered mark pursuant to article 5 which is recorded in pursuance of
article 20
2. The announcements
prescribed in this article shall be publsihed in the separate supplements
mentioned in the last paragraph of article 6
Article 17 *)
1. The public registers as
intended in article 5 and 8 are open to the public for perusal free of charge
at the headquarters of the Auxiliary Bureau for industrial property
2. Everyone can obtain a
certificate or copy thereof at his own expense the costs of which shall be
calculated in the Dutch East Indies in conformity with article 7 of the tariff
of legal costs and salaries in civil matters in the European courts, in
Suriname in conformity with article 20 of the tariff of legal fees and
salaries in civil matters, and on Curacao on the basis 40 cents for 300
syllables. **) 3. Upon payment of S f . 1.(one guilder) preferably deposited
by means of a stamp anyone can obtain written information from the Auxiliary
Bureau via a model to be determined by the Bureau in The Hague about the
content of the public registers as intended in article 5 and 8. If further
investigation/examination is necessary for providing such information the
amount of three guilders shall be payable
Article 18
1. The power of registration
expires:
Article 18
1. The effectiveness of a
registration expires:
1o. by striking out at the
request of the person in the name of whom the registration is made, or the
transition pursuant to Article 20 is indicated;
2o. by the passing of 20
years after the day on which the registration according to Article 5 or
Article 8 was effected, if it was not renewed before the expiry of this term,
or if the renewal is not repeated within an equal term;
3o. if the effectiveness
becomes void or if in the country of origin the registration is being refused;
4o. on 31 december 1913 for
all registered marks which contain, even with a limited deviation, the name or
the sign of the "Red Cross", also called the Cross"
of Geneva"
2. The expiry of the
effectiveness of the registration for one of the reasons named in items 1 or 3
shall be motivated for that reason be indicated in the column intended for
that purpose in the public record in which the mark was recorded
Article 19
1. The registration of a mark
according to Article 5 shall be renewed if the rightholder has complied with
the same formalities as were determined for the first registration by Article
4 before the end of the term indicated in the previous article under item 2
2. The copies submitted as
intended in the first paragraph of Article 4 shall be certified supplemented
with the date of the renewed registration
3. The renewed registration
shall be effected by the Auxiliary bureau for industrial property by filling
in the date in the column intended for that purpose in the public records in
which the mark was registered
4. After the renewed
registration of a mark, registered in accordance with Article 5, one of the
copies intended in the second paragraph of this article shall be returned to
the rightholder
5. The fourth paragraph of
Article 5 and Article 6 shall be further applicable for the purposes hereof
6. The third and fourth
paragraph of Article 7 shall apply with regard to a mark, registered for
renewed registration in accordance with the formalities determined by that
article
7. The renewed registration
of a mark registered in accordance with Article 8 shall not have taken place
before the copy of the announcement, prescribed by Article 3 of the
aforementioned Madrid Agreement, is received from the bureau in The Hague.
This copy of the announcement shall be certified supplemented by the date on
which the renewed registration in the register was effected. 8. A dated copy
shall be given to the rightholder as soon as possible of the renewed
registration in the Dutch East Indies, in Suriname, or in Curaçao of a mark
which is again internationally registered, and which was in accordance with
Article 7 submitted to the Auxiliary bureau for industrial property in the
colony concerned
9. In case of a renewed
registration, the second and third paragraph of Article 10 and the remaining
articles of this decree shall be applicable
10. The Auxiliary bureau for
industrial property may refuse the renewed registration if the mark is in
defiance of the provisions of the one before the last paragraph of Article 4,
in which case the Auxiliary bureau acts as is prescribed in the first
paragraph of Article 9; in that case the second paragraph of Article 9,
Article 11 and the remaining articles of this decree shall be applicable
Article 20*)
1. The transfer of a mark
registered in accordance with Article 5 to another party shall only be
indicated if the factory or business as well, for which goods the mark is
intended as distinguishing mark, is transferred to the same person
2. The proof of the latter
shall be given by submitting a certified certificate of the applicable
document to the Auxiliary bureau of industrial property
3. The transfer shall be
indicated at the side of the registration for marks registered in accordance
with Article 5, at the written request of the parties or only of the acquiring
party if the transfer of the mark also is sufficiently clear from the
certificate intended in the previous paragraph, with regard to marks
registered in accordance with Article 8, after a notice has been received of
the bureau in The Hague concerning the indication of the transfer in that
place
4. The costs of the
indication of the transfer of the mark, registered in accordance with Article
5, shall amount to fifteen guilders to be paid upon the submitting of the
request for such indication
Article 21
1. The expiry of the
effectiveness of the registration, as well as the request for an indication of
transfer of an internationally registered mark, which was submitted to the
Auxiliary bureau for industrial property in accordance with Article 7, shall
be immediately communicated to the bureau in The Hague, which subsequently
notifies the International bureau in Bern thereof
2. No indication of transfer
of such mark shall be effected in case such transfer was made to a person who
is not a Dutch subject, and does not live in one of the countries which became
a party to the aforementioned Madrid Agreement, or who do not possess, has
established in good faith an industrial or trading business in that place,
which actually serves for industrial activities or for trading
Article 22
1. The marks which at the
time of entry into force of this decree are registered in accordance with the
regulations then valid shall enjoy the same protection as if they had been
registered in accordance with this decree. The twenty years, as intended in
Article 18, 2o, shall begin for those marks as from the day on which the
registration pursuant to the then valid regulations was effected
2. For the application of
Article 7 of this decree those marks shall be considered to have been
submitted in accordance with Article 4
Article 23 *)
*) Is deemed to have been
revoked by Official Gazette 1915 no. 78, penal provisions have been
transferred to Article 343 of the Suriname Penal Code
Article 24
This decree shall not apply
to marks which have been established by the government
Article 25
Upon the entry into force of
this decree the Royal decrees of 9 November 1893, numbers 24, 25 and 26 (Dutch
Government Gazette numbers 159, 160 and 161, Indonesian Government Gazette
number 395, the Government Gazette of Suriname no. 31 and the Gazette of
Curaçao number 20), as amended currently by the decree of 2 March 1908, no.
64 (Dutch Government gazette no. 79, Indonesian Government Gazette no. 365)
and the decree of 18 August 1910 numbers 31 and 32 (Dutch Government Gazette
numbers 258 and 259, Government Gazette of Suriname no. 74 and the Gazette of
Curaçao no. 52), as well as the articles 10 maintained thereby of the Royal
decrees of 6 April 1885 no. 13 (Indonesian Government Gazette no. 109), 3
February 1890 no. 26 (Government Gazette of Suriname no. 7) and 3 February
1890 no. 27 (the Gazette of Curaçao no. 2)
Article 26
This decree can be referred
to under the title "1912 Regulations on industrial property in the
colonies"
Article 27
This decree shall enter into
force in the Dutch East Indies on a date to be determined by the Governor
general, and in Suriname and in Curaçao on a date to be determined by the
Governor *) *) 1 January 1913 (Official Gazette no. 103)
APPENDIX 02
Translators note: due to the
limited time allowed for making this translation, it should only be considered
a draft translation, and by no means an official, government approved
translation.
Decree of 13 March 1931,
containing the provisions concerning trade names
Article 1 (1)
Trade name in this decree
means the name of the firm under which a business, in the sense of the first
or the second paragraph of Article 2 of the Trade register decree (Official
Gazette 1936 no. 149), is run
Article 2 (2)
The trade name passes on by
succession, and is subject to transfer, however, all this in connection with
the business, which is run under that name
Article 3 (1)
1) The owner of a business
shall be forbidden to use a trade name which, contrary to the truth, indicates
that the business, in whole or in part, belongs to someone else
2) The first paragraph is
also applicable, if the designation appearing in the tradename differs to such
limited extent from the name of the other one that consequently the public may
be feared to confuse same with the owner of the business
3) The first paragraph is not
applicable, if the tradename and the business originate from a person who did
not use that name in defiance of this decree
1) This Article is amended by
Article 11 of the "Amendments" laid down by the Royal Decree
of 2 June 1936 (Official Gazette no. 115) and by the government decree of 19
October 1937 (Official Gazette no. 121)
2) This Article is amended by
Article 11 of the "Amendments" laid down by the Royal Decree
of 2 June 1936 (Official Gazette no. 115)
Article 4 *)
1) It shall be forbidden to
use a tradename which, contrary to the truth, indicates that the business
belongs to one or more persons acting as one firm or as a limited partnership,
or as a public limited company, a reciprocal insurance or surety company, a
cooperative or other association or foundation
2) The mentioning in the
trade name of more than one person even if their names are not specified
indicates that the business belongs to persons acting as a firm; the words
"en compagnie" that the business belongs to persons acting
as a firm, or to one or more persons acting as a limited partnership; the word
"maatschappij" (company) that the business belongs to a
public limited company or to an association, and the word
"fonds" (fund) to a foundation
3) The first paragraph is not
applicable, if the tradename is used by one person without partners, and that
name and that business belong to one firm or to one limited partnership which
has not used this tradename in defiance of this decree
Article 5 **)
It shall be forbidden to use
a tradename which has been used by another party legitimately before the
business was run under that name, or which deviates from such tradename only
to a limited extent, all this insofar as with regard to the nature of both
businesses and the place of establishment confusion among the public about the
businesses may be feared as a result thereof
*) This Article is amended by
Article 11 of the "Amendments" laid down by the Royal Decree
of 2 June 1936 (Official Gazette no. 115) and by the government decree of 19
October 1937 (Official Gazette no. 121)
**) This Article is amended
by Article 11 of the Amendments laid down by the Royal Decree of 2 June 1936
(Official Gazette no. 115)
Article 6 *)
1) If a tradename is used in
defiance of this decree any party concerned, without prejudice to his claim
pursuant to Article 1386 and following articles of the Civil Code, can turn to
the cantonal judge of the place where the business, subsidiary or branch
office is established which is run under the illicit tradename, with the
request to sentence those who are using the illicit tradename, the judge
making such provisions therein that the unjustness with respect to the
petitioner is counteracted sentencing the other party also to pay a particular
sum of money as compensation in case of violation of the court order
2) If the business is
established in more than one canton the judge of any of the cantons where the
businesses are established, shall have jurisdiction at the option of the
petitioner. The same applies when the business is established outside
Suriname, and has subsidiaries and branch offices in more than one canton
3) The petition is served to
the other party. The cantonal judge does not pronounce a sentence before
examination or proper summoning of the parties
4) Within 30 days after the
day the cantonal judge has taken a decision, the party who has been put in the
wrong, in whole or in part, can appeal to the Court of Justice which rules
behind closed doors. The third paragraph shall be equally applicable
5) The judge is authorized to
order the provisional execution of his ruling
Article 7 **)
1) He who uses a tradename in
defiance of this decree will be punished with a fine of up to five hundred
guilders
2) The fact shall be
considered a violation
3) If, whilst committing the
violation a period of two years has not expired since a prior conviction of
the guilty party for a similar violation has become irreversible, a sentence
of up to fourteen days in prison could be imposed instead of a fine
4) If the tradename is used
by a firm the violation is considered to have been committed by each of the
partners; if the violation is committed by a limited partnership then it is
considered to have been committed by the managing partner or, if there are
more than one, by each of them; if the violation is committed by a public
limited company, a reciprocal insurance or surety company, a cooperative or
other association or foundation, then it is considered to have been committed
by the members of the board
5) Before proceeding to the
prosecution of the punishable offense the official authorized to issue the
writ informs the Attorney General at the Court of Justice
6) He can notify those who
use the forbidden tradename, of the alteration which he considers necessary to
discontinue the illegal use of the tradename; he shall grant such persons an
appropriate period to make that alteration
7) If the alteration is made
within the fixed period the right to institute criminal proceedings ceases to
exist
8) The aforementioned
official institutes criminal proceedings only after the Attorney General has
informed him that he will not make use of his aforesaid authority or that the
period fixed by him has expired without the alteration having been made
*) This Article is amended by
Article 771 of the Surinamese Code of Civil Procedu re (Official Gazette 1935
no. 80) and the government decree of 19 October 1937 (Official Gazette no.
121) **) This Article is amended by the government decree of 19 October 1937
(Official Gazette )
Article 8
In the first paragraph of
Article 36 of the Code of Commerce the words "heeft geen firma, noch
draagt" (no firm has, nor bears) shall be replaced by:
"draagt niet" (does not bear)
Article 9
(1) By resolutions of 13 June
1946 no. :73) and of 28 February 1948 no. 861a (1948:23) no longer
of significance
Final and transitional
provisions
Article 10
This decree shall be referred
to under the title "Tradename decree", indicating the year
and issue of the Official Gazette in which it shall be published
Article 11
(1) This decree shall become
effective on a date to be specified by the Governor. *)
(2) If upon the entry into
force of this decree a tradename is used in defiance of this decree, no legal
means can be used for that case for a period of four months after that date
(3) In case the term did not
use in defiance of this decree at the end of Articles 3 and 4 concerns the use
of a tradename before the entry into force of this decree, it shall mean: not
in defiance of this decree, if it would have been effective at the time the
tradename was used.
Done in Paramaribo on 13
March 1931 Rutgers
*) Entry into force on 1
January 1932 by Decree of 9 September 1931 no. :66).
APPENDIX 03
Translators note: due to the
limited time allowed for making this translation, it should only be considered
a draft translation, and by no means an official, government approved
translation.
1946 No. 86
OFFICIAL GAZETTE of SURINAME
Resolution of 14 August 1946
No. 2835 determining the publication in the Official Gazette of the acting
text of the Decree of 22 March 1913 (Official Gazette No. 15) containing the
new copyright regulations
THE GOVERNOR OF SURINAME,
Having heard the Procurator
General,
Decides:
To determine that the decree
of 22 March 1913 (Official Gazette No. 15) containing the new copyright
regulations, as it reads after the amendments and supplements were made
curren-tly by State Decree of 2 July 1946 (Official Gazette No. 77), next to
the copy of this resolution, shall be published in the Official Gazette
Paramaribo, 14 August 1946
J.C. Brons
Issued, 16 September 1946
The acting government
secretary
H.K.A. Kleine
Decree of 22 March 1913
(Official Gazette no. 15), containing the new copyright regulations, as it
reads after the amendments and supplements made therein by the (state) decrees
of 29 November 1915 (Official Gazette no. 78), of 3 January 1946 (Official
Gazette no. 2) and of 2 July 1946 (Official Gazette No. 77)
Chapter I
General Provisions
§ The nature of copyright
Article 1
Copyright is the exclusive
right of the maker of a work of literature, science or art, or of his
assignees, to publish such work and to copy it, subject to the limitations
imposed by general decree.(*)Refer to Article 19 of the 1935 Surinamese
Bankruptcy Resolution (Official Gazette no/ 81), Revised Berne Convention
(Official Gazette 1931 no. 77)
Article 2
Copyright is considered to be
a moveable thing. Copyright is transferable by succession, and is eligible for
transfer in whole or in part. Transfer in whole or in part of copyright can
only be effected by means of an authentic instrument or a private instrument.
It contains only those powers of which the transfer is mentioned in the
instrument or which by necessity arise from the nature and scope of the
contract concluded
Copyright which belongs to
the maker of the work, the copyright to unpublished works, which was obtained
by the heir or legatee whom is entitled to same, shall not be eligible for
seizure.
§. The maker of the work
Article 3
In case the maker of the work
of literature, science or art is a married woman, the spouse shall not be
allowed to effect any acts, concerning the copyright to such work, without the
cooperation of the woman
This provision may even not
be derogated from in case of marital community
Article 4
Subject to proof to the
contrary the maker shall be the person who is indicated as such on or in the
work, or in case of absence of such indication, the person who upon
publication of the work is made known as the maker thereof by the person
publishing same
In case at an oral
presentation of a work not published in print or a performance of a work of
music not published in print no statement is made concerning the maker, the
maker shall be considered to be, subject to proof to the contrary, the person
giving the presentation or performing the work of music
Article 5
The maker of a work of
literature, science or art, consisting of separate works of two or more
persons, subject to the copyright of each work separately, shall be considered
to be that person under whose control and supervision the whole work was
accomplished, or in case of absence of such person, that person whose has made
the collection of the various works
Copying or publishing of any
part of the separately included work, to which copyright if applicable, by
another person than the maker thereof or his assignees shall be considered to
constitute an infringement of the copyright of the complete work, Copying or
publishing of a separate work included in such collection by the maker thereof
or his assignees shall be considered to constitute an infringement of the
copyright of the complete work if such separate work was not previously
published, unless otherwise agreed between the parties, if the work of which
it is a part is not mentioned
Article 6
If a work is accomplished
according to the design of another person, as well as un-der his control and
supervision, the person shall be considered as the maker of such work
Article 7
In case work done in the
employment of another person consists of making certain works of literature,
science or art, unless otherwise agreed between the parties, the maker of such
works shall be considered to be the persons in whose employment such works
were made
Article 8
In case a public institution,
an association, foundation or company publishes a work as originating from it,
without indicating any natural person as the maker, it shall be considered to
the maker of such work, unless it can be proven that the publication under
aforementioned circumstances was unlawful
Article 9
In case the maker is not
indicated on any printed publication, or not with his real name, the copyright
towards third parties may be exercised for the benefit of the right holder by
the person who is indicated on or in such work as the publisher thereof, or in
case of absence of such indication by the person who is indicated on such work
as the printer thereof
§. Copyright works
Article 10
Works of literature, science
or art means for the purposes of this decree:
1. books, brochures, news
papers, magazines and all other writings;
2. theatre plays and
musicals;
3. oral presentations;
4. choreographies and
pantomimes of which the performance has been laid down in writing or
otherwise;
5. works of music with or
without words;
6. drawings, paintings,
constructions and sculptures, lithographs, engravings and other plate works;
7. geographical names;
8. designs, sketches and
plastic arts works in respect of construction engineering, geography,
topography or other sciences;
9. photographic works and
cinematographic works and works made according to similar working methods;
10. works of art applied to
industry; and in general any product in the field of literature, science or
art which may be reproduced in any manner or in any form whatsoever
Translations, adaptations
musical arrangements, and other reproductions in changed form of a work of
literature, science or art, as well as collections of various works shall be
protected as independent works, without prejudice to the copyright of the
original work
Article 11
There shall be no copyright
on laws, resolutions and decrees issued by the public authorities, nor on
judicial pronouncements and administrative resolutions
There shall neither be
copyright on any publications by or on behalf of the public authorities,
unless such right shall be reserved either in general by law, resolution or
decree, or in any specific case by means of an indication on the work itself
or upon the publication thereof Publication
Article 12
The publication of a work of
literature, science or art shall mean:
1. the publication of a
reproduction of the work in whole or in part;
2. the distribution of the
work or a reproduction thereof in whole or in part, as long as it has not
appeared in print;
3. the oral presentation,
staging or performance or public presentation of a work or a reproduction
thereof in whole or in part
An oral presentation, staging
or performance or public presentation shall also include a private circle
which is accessible against payment even if such payment is made in the form
of a membership fee or in any other manner. The same holds for a public
exhibition.
§ Reproduction
Article 13
The reproduction of a work of
literature, science or art shall also include the translation, the musical
arrangement or stage adaptation, and in general any adaptation or imitation in
changed form in whole or in part, which is not to be taken as a new, original
work
Article 14
The reproduction of a work
which can be perceived by means of the hearing shall also include the
manufacture of rolls, records and other devices which are intended for the
performance of the work in whole or in part by mechanical means
§ Limitations of the
copyright
Article 15 x)
An infringement of the
copyright of a newspaper or magazine shall not include taking over articles,
messages or other writings, with the exclusion of novels and short stories,
without the authorization of the maker or his assignees by another newspaper
or magazine, provided that the newspaper or magazine from which it was taken
over is mentioned clearly, and unless the copyright is expressly reserved. In
case of magazines it will be sufficient if this reservation of rights is
included in the heading of the issue in a general wording
With regard to articles,
political issues concerning news articles and mixed articles, a reservation
may be made
The right to take over as
intended in the previous paragraph exists with regard to foreign newspapers
and magazines only if news articles, mixed articles or current articles on
economics, politics or religion are concerned; the last phrase of the previous
paragraph shall not be applicable for the purposes hereof regarding articles
on political issues
Article 16 x)
An infringement of the
copyright on a published work of literature, science or art shall not include
the quotation of several short parts thereof or of several short statements or
poems in anthologies or other works intended for education or another
scientific goal, as well as in notices and reviews in newspapers and
magazines, provided that the source is indicated as well as the maker of the
part, statement or poem, or the notice or review quoted, for as far as this is
indicated on or in the work. This provision is also applicable to quotations
in another language than the language of the original. The governor may
further determine by decree, what should be considered to be several short
quotations, and several short statements or poems, as intended in the first
phrase
In case work is intended, as
indicated in Article 10 subparagraph 60, the complete work may be copied in
the same circumstances and under the same conditions, provided that such
reproduction by its size or the working method according to which it is
manufactured, shows a significant difference with the original work; when of
such works two or more have been jointly published, the reproduction shall
only be allowed for one of them
Of a public oral
presentation, which has not been published previously in print, the factual
content may be published as a report in a newspaper article or magazine,
provided that the person who has presented the presentation is mentioned
x) Changed by Official
Gazette 1946 no. 2
Article 17
An infringement of the
copyright of a work of literature, science or art shall not include the
copying, which remains limited to several copies and is used exclusively for
the own exercise, study or use, and which where a work is involved, as
intended in article 10 subparagraph 6o, by its size or the working method
according to which it has been manufactured shows a clear difference with the
original work. This provision shall not apply to the reconstruction of
buildings,
Article 17bis x)
The governor shall be
entitled to further regulate by decree the exercise of the right by the maker
of a work of literature, science or art with regard to the publication of the
work by radio broadcasting, for that purpose, the moral rights of the maker
shall be respected, and his right to a fair compensation, in case such
publication is allowed without his consent, shall be recognized
Article 18
An infringement of the
copyright on a work as intended in Article 10 subparagraph 60, which is
permanently displayed on or at the public road shall not include the copying
which by its size or the working method according to which it is manufactured
shows a significant difference with the original work, and in case of
buildings, is restricted to the exterior thereof
x) Inserted by Official
Gazette 1946 no. 1
Article 19
An infringement on the
copyright of a portrait shall not include the reproduction thereof by, or on
behalf of the person whose portrait was taken or, after his/her death, his/her
next of kin
If one image contains the
portrait of two or more persons, then the reproduction of same shall be free
with regard to other portraits then his/her own only with the approval of
those other persons, or, during ten years after their death, of their next of
kin
Next of kin means the
parents, the spouse and the children
With regard to a photographic
portrait an infringement of the copyright shall also not include the
publication thereof in a newspaper or magazine by or with the approval of one
of the persons, mentioned in the first indent, provided that the name of the
maker, for as far as this name is indicated on the portrait, is mentioned
This article is only
applicable with regard to portraits which are made pursuant to an assignment
by or in respect of the persons whose portraits are made, or for their benefit
given to the maker
Article 20
Unless otherwise agreed, the
person to whom the copyright of a portrait belongs, shall not be authorized to
publish this without the approval of the person of whom the portrait is made,
or during ten years after his/her death, of his/her next of kin
In case one picture contains
the portrait of two or more persons, then with regard to the complete picture
the approval shall be required of all persons of whom the portrait appears in
the picture or, during ten years after their death, of their next of kin
The third and last indent of
the previous article shall be applicable
Article 21
In case a portrait has been
made without an assignment thereto, the maker by or on behalf of the person of
whom a portrait is taken, or for the benefit of him/her, the publication
thereof by the person who has the copyright thereon shall not be permitted,
insofar as a reasonable interest of the persons of whom the portrait was made
or, after his/her death, of one of his/her next of kin or family in law up to
second degree, directly or indirectly, or of his/her spouse shall oppose such
publication
Article 22
In the interest of public
safety, as well as for the investigation of punishable offenses, the judiciary
shall be allowed to reproduce, post and distribute pictures of any nature
whatsoever by itself or on its behalf
Article 23
Unless otherwise agreed the
owner of a drawing, painting, building, or sculpture or of any work of art
applied to industry shall be entitled to have such work exhibited in public
without the consent of the person who has the copyright thereon, or to have it
reproduced in a catalogue for the purpose of selling same
Article 24
Unless otherwise agreed the
maker of any painting, notwithstanding the transfer of his/her copyright,
shall be entitled to make similar paintings
Article 25
No alteration shall be made
to any work, mentioned in Article 10 subparagraphs 1o to 9o, without the
consent of the person who has the copyright thereon. In case the maker has
transferred his copyright, his/her consent shall nevertheless be required
during his/her life
A similar provision shall
apply with regard to the name of the word and the indication of the maker,
insofar as these occur on or in the work. In case a work is made public,
however, under another name than the real name of the maker, then the person
who has the copyright thereon, shall after the death of the maker be entitled
to indicate the real name of the maker on or in the work, if the latter has
authorized him/her to do so
The provisions of the first
indent shall not be applicable to alterations of such nature that the maker or
his/her successors in title in good faith could not refuse their consent
thereto. The maker also maintains, even if he/she has transferred his/her
copyright, the authority to make such alterations to the work as shall be
allowed to him/her in good faith according to social rules
CHAPTER II The enforcement of
copyright and provisions of penal law
Article 26
If more than two persons have
a joint copyright to the same work, the exercise and enforcement of such right
shall be effected either by all rightholders jointly, or on their behalf by
the person who has been designated thereto by the rightholders in mutual
consent, or failing such agreement, at the request of either party involved,
by the chief justice of the court of justice
The rightholders shall be
entitled by mutual consent to put aside the person appointed by the chief
justice or to have him/her replaced by someone else
Article 27
Notwithstanding the transfer,
in whole or in part, of the copyright the maker shall maintain his right to
take legal action to obtain compensation from the person who has infringed the
copyright
Article 28 *)
Copyright grants the
authority to seize objects, made public in defiance of such right, as well as
unauthorized reproductions, in the manner and pursuant to the provisions laid
down for the seizure to revindicate moveable property, or to claim same as
his/her property, or to demand the destruction or making unusable of same.
Equal authority to seize and claim shall apply with regard to the amount of
entry fees paid for attending a recitation, a performance, or an exhibition or
staging so that the copyright is being infringed
In case the handing over is
claimed of things, as intended in the first indent, the judge can order that
such handing over shall not be effected unless it is done upon a specified
payment of a sum to be paid by the claimant
Both previous indents of this
article shall be exclusively applicable to moveable property, and to things
which by their purpose shall be considered to be immoveable property
With regard to immoveable
property other than those referred to in the previous indent, by means of
which copyright is infringed, the judge may at the request of the rightholder
order that the defendant shall make such alterations that the infringement of
the copyright shall become void in addition to the payment of a certain amount
of money as compensation in case the judicial order is not met within a
specified period
All this without prejudice to
the institution of criminal proceedings as a result of the infringement of
copyright and the civil proceedings to obtain damages
*) Cf. Article 585 of the
Suriname Code of Civil Procedure (Official Gazette 1935, no. 80)
Article 29
The right, indicated in the
first indent of the previous article, cannot be exercised with regard to
objects, in the ownership of persons, who do not trade in similar objects and
who have obtained such objects exclusively for own use, unless they themselves
have infringed the copyright involved
The claim, intended in the
fourth indent of the previous article, can only be instituted against the
owner or possessor of the immoveable property who is guilty of infringing the
copyright involved
Article 30
In case a person makes a
portrait public without having the authority to do so, the same provisions
shall apply with regard to the right of the person of whom the portrait was
taken as laid down in Articles 28 and 29 with regard to copyright
Article 30 bis.x)
For providing mediation as a
business in respect of musical copyright, whether or not with the aim of
making a profit, the approval shall be required of the Governor
The provision of mediation in
respect of musical copyright means whether or not under their own name, the
conclusion or execution of agreements for the makers of musical works or their
successors in title concerning the public performance of those works, or their
reproduction, in whole or in part
The performance of musical
works shall be equal to the performance of dramatico-musical works,
choreographic works and pantomimes, and their reproductions, if these are
being broadcast without being shown
Agreements as intended in the
second indent, which have been concluded without having obtained the approval
required pursuant to the first indent shall be void
By decision of the Governor
further provisions shall be given which shall involve the exercise of the
supervision on the person who has obtained the required approval. The costs
for such supervision can be charged to the account of such person
*) Inserted by Official
Gazette 1946 no. 2
Article 31 x)
He/she who on purpose
infringes the copyright of someone else shall be liable to pay a fine ranging
from fifty cents to five thousand guilders
Article 32 x)
He/she who distributes or
openly sells a work through which he/she infringes the copyright of someone
else, shall be liable to pay a fine ranging from fifty cents to two thousand
guilders
Article 33 x)
The punishable offenses
described in the two previous articles shall only be prosecuted upon a claim
of the maker of the work or of the person who is authorized to enforce the
copyright or in case two or more person are authorized, of one of them
Article 34 x)
He/she who on purpose
illegally makes an alteration to the title or to the indication of the maker
of any literary work, scientific work or artistic work shall be liable to pay
a fine ranging from fifty cents to five thousand guilders
The work can, in case it
belongs to the person prosecuted, be seized
The punishable offense shall
only be prosecuted upon a claim of the maker of the work or of the person who
is entitled to the copyright thereon
x) Maintained by Official
Gazette 1915 no. 78
Article 35 xx)
A jail sentence ranging from
one day to two years or a fine ranging from fifty cents to five thousand
guilders shall apply to: 10o. the person who on or in a literary work,
scientific work or artistic or industrial work places illegally any name or
any sign, or who forges the real name or the real sign, with a view to making
it plausible that the work is made by the person of whom he has indicated the
name or sign thereon or therein; 2o. the person who on purpose sells or offers
for sale, delivers, or has in stock to sell or imports into Suriname a
literary work, scientific work, or artistic or industrial work on or in which
illegally any name or sign has been placed, or in or on which the real name or
real sign has been forged, as if such work is made by the person of whom the
name or sign has been illegally applied thereon or therein
The work can, if it belongs
to the person prosecuted, be seized
xx) Maintained and changed by
Official Gazette 1915 no. 78 and Official Gazette 1946 no. 77
Article 36 *)
The person who without being
authorized thereto publicly exhibits or publishes in any other manner a
portrait shall be liable to pay a fine ranging from fifty cents to two hundred
guilders
*) Changed by Official
Gazette 1915 no. 78
Article 36bis **)
The person who, without
having obtained the required approval of the Governor, performs actions which
belong to the conducting of a business as intended in Article 30bis, shall be
liable to pay a fine of at most thousand guilders
The action shall be
considered a civil offense
**) Inserted by Official
Gazette 1946 no. 2. The punishable offenses in Articles 31 to 35 and 37 to be
considered penal offenses, Article 36 as a civil offense pursuant to Official
Gazette 1915 no. 78
Article 37 ***)
The reproductions seized upon
the order of the judge in the penal proceedings shall be destroyed; however,
the judge may determine by judicial order that they shall be handed over to
the person who has the copyright thereon, if the latter shall report to the
office of the clerk of the court within one month after the judgment has
authority of res judicata
Upon the handing over the
ownership of the reproductions shall be transferred to the rightholders. The
judge may order that such handing over shall only be effected against the
payment of a specified sum by the rightholder, which shall be for the benefit
of the government
CHAPTER III The duration of
the copyright
Article 38
The copyright shall expire
after 50 years to be calculated from the day of the death of the maker of the
work, without prejudice to the provisions of the following articles of this
chapter
The duration of the joint
copyright to one work of two or more persons as the joint makers thereof shall
be calculated as from the day of the death of the one of them of has lived the
longest
Article 39
The copyright on an article
on or in which the maker is not indicated, or not in such manner that his real
name is known, shall expire at the end of 50 years to be calculated as from
the last day of the calendar year in which the first publication of the work
by or on behalf of the rightholder has taken place
The same shall apply with
regard to works of which pursuant to Article 7 or Article 8 the maker shall be
considered to be a public institution, an association, a foundation or
company, as well as with regard to works which have been published for the
first time after the death of the maker
Article 40
(Revoked by Official Gazette
1946 no. 2)
Article 41
The copyright on photographic
and cinematographic works as well as on works which were made according to
similar working methods shall expire after 50 years to be calculated as from
the last day of the calendar year in which the first publication of the work
took place by or on behalf of the rightholder
Article 42 *)
For the application of the
provisions of Articles 39 and 41 the works published by issues or episodes
shall be considered to have been published only upon the publication of the
last issue or episode
With regard to works composed
of two or more parts, issues or papers which were printed at different times,
as well as with regard to reports and bulletins issued by guilds or by private
persons, each part, issue, paper or report or bulletin shall be considered to
be a separate work
*) Changed by Official
Gazette 1946 no. 2
Article 43
In deviation from the
provisions of this chapter in Suriname it shall not be possible to claim
copyright on a work of which the term has already expired in the country of
origin of the work
CHAPTER IV Transitional and
final provisions
Article 44
Upon the entering into force
of this decree the Royal decree of 11 May 1883 no. 39 (Official Gazette no.
11), containing the regulations concerning the copyright in the colony of
Suriname, shall become void
Article 11 of this decree
shall, however, remain effective with regard to works and translation,
submitted before the time specified
Article 45
This decree shall be
applicable to all literary, scientific or artistic works which either before
or after its entry into force were published in Suriname for the first time by
or on behalf of the maker, as well as on all such unpublished works of which
the makers are Dutch or other Dutch subjects, or residents of Suriname
For the purposes of this
article a work is published when it appears in print, or in general when
reproductions thereof have been made public; the performance of a play or
dramatic-musical work, the performance of a musical work, the exhibition of an
artistic work, and the construction of a work of architecture shall not be
considered a publication in that sense
In deviation from the first
indent no rights and powers can be exercised with regard to the enforcement of
copyright in respect of facts which on the time they took place, neither
pursuant to general decree nor pursuant to any agreement, were illegal
Article 46
This decree does not
recognize copyright on works on which the copyright at the time of the entry
into force, pursuant to one of the Articles 13 and 14 of the Royal decree of
11 May 1883 no. 39 (Official Gazette no. 11) containing the regulations
concerning the copyright in the colony of Suriname, had expired
Article 47
The copyright obtained
pursuant to the Royal decree of 11 May 1883 no. 39 (Official Gazette no. 11)
containing the regulations concerning copyright in the colony of Suriname
shall remain effective after the entry of into force of this decree
Article 48
The person who before the
first of March 1913 did not act contrary to the provisions of the Royal decree
of 11 May 1883 no. 39 (Official Gazette no. 11) containing regulations
concerning copyright in the colony of Suriname, either published a
reproduction of a literary, scientific or artistic work, or in public made a
presentation, or has performed, staged, exhibited or displayed a literary,
scientific or artistic work, or any reproduction thereof, does not loose such
authorization by the entry into force of this decree to distribute and sell
the reproductions made public before that date, or to make the same public
presentations, performances or stagings, exhibitions or displays
This article shall remain
effective for two years after the effective date of this decree
Article 49
All instruments and documents
concerning the transfer of copyright in whole or in part or concerning the
license to exercise any power belonging to the copyright which are drafted by
the rightholder and the successor or by their legal representatives jointly or
each separately, either by private instrument, or before a public official,
without the cooperation of third parties, shall be free from stamp duty. For
the purposes of this article third parties shall not include the spouses of
the parties, in case they are married women, and these spouses give their
assistance in obtaining the instrument
Article 50
This decree shall be referred
to with the title of "1913 Copyright decree"
Article 51
This decree shall enter into
force on the day it is published
Done in Paramaribo, 22 March
1913 VAN ASBECK
The government secretary,
L.J. RIETBERG
Published on 28 March 1913
The Government secretary L.J. RIETBERG
THE OPERATION OF THE PATATENT
AND INTELLECTUAL PROPERTY RIGHT SYSTEM OF SURINAME FROM A LEGAL STAND POINT
By:
REGGY M. NELSON
SRIKA N.V., ECO-SYSTEMS
MANAGEMENT
1.0 INTRODUCTION
1.1 Physical characteristics
Suriname is situated in South
America, between 2° and 6° northern latitude and 54° and 58° western
longitude. About 80% of the land surface area is covered with neo-tropical
vegetation.
The average temperature is
27.3° Celsius. The highest temperatures are measured in September and
October, the lowest in January and February.
1.2 Politics
Suriname is administrated by
a model Western democracy. The 51 members of the National Assembly are chosen
for 5 years. The National Assemble choose the President and he appoints the
Council of Ministers. Except Head of State, is the President Chairman of the
Privy Council and the National Security Council.
1.3 Population
In Suriname, an estimated
388,000 people live within an area of 16,594,000 has leaving large areas of
the country uninhabited. about 90 % of the population is concentrated around
the capital Paramaribo and in small communities in the coastal plain. In the
interior, mainly along the larger rivers, there are scattered settlements of
Amerindians and bushnegroesthe latter being descendants of runaway slaves.
1.3.1 Tribal Communities
Suriname is a multi ethic
society with two ethnic populations whose social structure is the tribe:
Amerindians, the original
inhabitants of Suriname, and
Bushnegroes, the descendants
of runaway slaves who established them self in the interior.
Amerindians live along the
coast as well as deep in the interior. Upland Amerindians, inhabiting the
interior of the country, live along the Lawa, Tapa nahoni, Palumeu, Sipaliwini
and ulemary rivers. Amerindians of the coas tal area, the lowland Amerindians,
are Caribs and Arowaks. They occupy the savannas and water courses. Carib
villages lay along the lower Marowijne river and the Coppename basin. The
Arowak villages may be found around the Corantijn and Nickerie rivers.
Villages of both tribes may be found in the area South of Paramaribo.
The lower land Amerindians
have regular contact with non-indians living in Paramaribo and or the coast,
while the upland Amerindians do not.
Several Amerindian languages
are spoken, such as Arowaks which belongs to the Arowak language group and
Carib, Oayana, Trio, and Ahurio which belongs to the Carib language group.
The structure of the
Amerindian societies is relatively simple. The only division between labor man
and women.
Part-time specialists are the
village head and the piai (Shaman) whit the exception of the matrilineal
Arowak, the system of kinship is bi-lineal. A great many spirits play an
important role in their vision of live. Their pottery and witchery work are
striking.
Bushnegro tribes may be
divided into two groups, the "Opo" Living on the upper reaches of
the rivers and the "Bilo" on the lower reaches of the rivers running
through their tribal territories. The following tribes may be distinguished:
The Ndjukas of the Tapanahoni
river with the residence of the Graman (Tribal Chief)
The Saramakas along the upper
Suriname, the Gran Rio and the Pikin Rio and also North of the Afobakka dam,
with Asidonhopo as the residence of the Granman.
The Matawais of the middle
and upper Saramacca river with Pusugrunu as the residence of the Graman.
Kwintis along the Upper
Saramacca rivers, with the Head Captain living in Kaimanston
The Bonis or Alukus along the
Lawa river with Cottica as their only settlement.
The six Boshnegroe Tribes
were formed under identical circumstances. Nevertheless, they vary in their
language and culture in such a way that a destruction can be made between the
Saramakkas, Matawais and Kwintis of central Suriname on one hand and the
Ndjukas, paramahas and Alukus of eastern Suriname on the tri-lineal, mostly
exogenous, lo (clans) that are composed of bere (unlineal kinship groups). The
head of every tribe is aGra man assisted by Head Captains, Captains and Basjas
(Assistants to the village Heads). The tribes worship an upper God, Pantheons
of Gods and their ancestors, while in oracles and witchcraft. Their wood
carving is distinctive.
1.4 Historical development of
the law system in Suriname
In the 18th century, except
for the Roman Law, the Canon Law, the Common law and the Old Dutch Law
(Germanic) were in enforceable in Suriname.
Influenced by the
codification movement in Europe, the Netherlands Codification was established.
The Dutch legislation system introduced in Suriname on May 1st, 1869: This
system was based on the concordance principle. The laws in Suriname had to be
in harmony with the Dutchlaws.
Situations arose in which the
Dutch Laws were not applicable for the Suriname situation and specific laws
called the "Governmental law"(Landsverordening) needed to be
enacted.
Suriname became independent
on November 25th, 1975.
On November 24th, 1975 the
Proclamation of the Constitution for the Republic of Suriname took place by
Governmental law and became operative on November 25th, 1975.
Based on article II of the
additional articles of the Surinam Constitution, all pre-independence
legislative products obtained the status of "Surinam Laws".
In the military period of
Suriname () the Constitution had been suspended and Suriname was
being ruled by military decrees. After elections of 1987 Suriname obtained a
new Constitution.
Suriname is still an
independent Nation but anno 1994 most of the laws are a reflection of the
pre-independence period.
1.5 The legal and judicial
system in Suriname
The Surinam Code of Laws can
be divided in:
1. The Private Law (Privaat
Recht)
2. The Public Law (Publiek
Recht)
The subdivision of these two
jurisdictions is presented in the following outline:
The law system in the
Republic of Suriname has its foundation mostly in:
The Constitution
The Public Law
Legal Claim Code and the
civil Code
Penal Code and Procedural
Code for Criminal Law
1.6 The legislative procedure
in Suriname
1. First, a bill is submitted
by the relevant Minister of State for discussion and
approval by the Council of
Ministers (Government).
2. After the approval the
bill is being sent to Privy Council. The Privy Council
consists of the social
partners by : the Trade Union Movement, the trade and
Industry, Political Parties
in Parliament (the National Assembly, "DNA").
3. Following approval by the
Privy Council the bill sent with recommendation
for public session debate.
4. Following approval of the
bill by Parliament it has to be ratified by the President
of the Republic of Suriname.
5. The publication of the
ratified in the Government Gazette.
The Act can be enforced as
Law.
The Political hierarchy of
Statutory Regulations in Suriname are:
1. International Conventions
2. The Constitution of the
Republic of Suriname
3. State Acts
4. Presidential Resolutions
5. State Decrees derived from
State Acts
6. Ministerial Decrees
derived from the State Acts
1.7 Judiciary
Jurisdiction over civil and
criminal matters is shared between the three district Courts and the Supreme
Court, which also functions as an Appellate Court for the district Courts. The
Supreme Court consists of a President, a Vice President and a maximum of 15
members.
2.0
THE INTELLECTUAL PROPERTY
RIGHTS SYSTEM
IN SURINAME
In Suriname the following
Acts fall under the heading of the Intellectual Property Rights System:
* The Trade name Act
("Handelsnaam")
* Patent Act ("Patent
Recht")
* Copy Rights
("Auteursrecht")
* Trade Mark Act (
"Merkenrecht")
2.1 Intellectual agreements
related to intellectual property rights
Suriname is party to:
1. Convention Establishing
The World Intellectual Property Organization. WIPO Convention (1967), amended
in 1979. Suriname became a member of WIPO on November 25, 1975.
2. Paris Convention For The
Protection Of Industrial Property. Paris Convention (1883), revised at Brussel
(1900), Washington (1911), The Hague (1925), London (1934), Lisbon (1958) and
Stockholm (1967) and amended in 1979. Suriname became party to the Convention
and to the Stockholm Act on November 25, 1975.
3. Berne Convention For The
Protection of Literary and Artistic Works. Berne Convention (1886), completed
at Paris (1896), revised at Berlin (1908), completed at Berne (1914), revised
at Rome (1928), at Brussel (1948), at Stockholm (1967) and at Paris (1971),
and amended in 1979. Suriname became party to the Convention and the Paris Act
on February 23rd, 1977.
4. Hague Agreement Concerning
The International Deposit of Industrial Designs. Hague Agreement (1925),
revised at London (1934) and the Hague (1960), supplemented by the Additional
Act of Monaco (1961), the Complementary Act of Stockholm (1967) and The
Protocol of Geneva (1975) and amended in 1979. Suriname became party to the
Agreement on November 25th, 1975. Suriname became party to the London Act on
November 25th, 1975. Suriname became party to the Hague Act on August 1st,
1984. Suriname became party to the Complementary Act of Stockholm on February
23rd, 1977.
5. Nice Agreement Concerning
The International Classification Of Goods And Services For The Purposes Of The
Registration of Marks. Nice Agreement 1957), revised at Stockholm (1967) and
at Geneva (1977) and amended in 1979. Suriname became party to the Agreement
and to the Geneva Act on December 16th, 1981.
6. Strasbourg Agreement
Concerning the International Patent Classification. Strasbourg Agreement
Concerning the International Patent Classification. Strasbourg Agreement 1971,
Amended in 1979. Suriname became party to the Agreement on November 1975.
3.0
THE TRADE NAME LEGISLATION
GB25 1931 NO 65
The Trade Name Act of
Suriname has been introduced on March 13, 1931, modified on May 17th, 1935,
June 2nd, 1936 and for the last time on October 19th, 1937.
In Suriname the trade name is
defined as the name under which a Company , is being managed and or in which a
person practices a trade or profession. The trade name is used to designate
the Company.
An applicant (for a trade
name) has to comply with the following requirements:
1. The trade name should be
trustworthy.
2. The requested trade name
should not give a wrong impression about the legal
status under which the
Company is to be operated.
3. The requested trade name,
which is already being used legitimately is not
allowed to be used by a third
person in case this usage causes confusion to
the public.
4. The trade name may not be
the same as or have strong resemblance to the
brandname of another holder
or party.
The right on a trade name
exists by the use of the name and it offers a twofold protection:
1. It protects the holder
against the objections which could arise as a consequence of the use of the
name by another party.
2. It protects the public
against the objection in case when the trade name is
misleading.
It is worth mentioning that
two persons and or institutions are entitled to use the same trade name, in as
far as it does not lead to any confusion of the general public. The nature and
seat of both Companies will be used as a criterion.
Offenders of the regulations
could be penalized by fine of Five Hundred guilders (Sf . Repeated
offenders could be imprisoned for a maximum of 14 days.
4.0 PATENT RIGHT (G.B. 1968
no 48)
The Surinam Patent Right is
based on a Patent Act of the Government of November 7th, 1910.
With the independence of
Suriname in November 1975, this Governmental Patent Act became enforceable
under the "Surinam Law".
4.1 Application
In compliance with the law
the patent right is an exclusive right granted to the inventor of a novel
product, method or an improvement of a product in an Industry.
The right will not be granted
if at the moment of application a description or in other way the above
mentioned were already known to exist or produced, or applied by an expert or
Scientist.
It is to be noted that Patent
Right is issued on the method of production and not for the material.
The objective of the Patent
Right is to provide the inventor exclusive exploitation rights to the benefits
of his creation during a number of years.
The idea behind this is to
stimulate individuals to invent.
If the improvement of a
product or inventions or work method has been derived through mutual
deliberations by several persons, they jointly own the Patent Rights
determined by separate agreement
It is also possible to apply
for protection of a Patent under the Civil Code.
The Pact Council should hand
over the necessary arguments to the applicant.
4.2 Rights
A patent, once granted gives
the patent holder the exclusive right:
To bring into circulation,
sell, lease, deliver or stock a product for which (purpose) the patent was
granted or a product with the patent improvement.
To bring into practice for on
in his Company a patent method or the patent improvement, to bring the
material into circulation, to sell, lease, deliver or to stock for others or
to make use of it according to the method or produced through appliance of the
improvement.
By license agreement the
patent holder can relinquish the above mentioned right to another. The
duration and the royalty to be paid should be stipulated in the license
agreement.
4.3 Duration and subsealing
Three years after the patent
had been acquired, the patent holder is obliged to give license which is in
the interest of the Industry or for other reasons in general interest.
Furthermore the patent holder
is obliged to permit license every time that may be necessary for the
application of a later patent invention. If the patent holder refuses to
permit license in the above mentioned matters, then the Patent Council can
permit this license if there are grounds for it.
A patent is valid for 20
(twenty) years. The transgression of the patent right of another is obliged to
indemnification.
In Suriname the application
for obtaining a patent should be forwarded to the "Office for Industrial
Property.
5.0
COPYRIGHT (G.B. 1959 no 76)
In Suriname Copyright is
enforceable under a Law Copyright 1913 which lately had been modified on
september 5th, 1959. The modifications were related with the intention of to
enter into the revised Berne Convention concluded on July 1948 in Brussels for
the protection of literature and art.
The creator of a work of Art
or Scientist, has the exclusive right to publish and duplicate the production.
If the creator of a work of
literature or Science is a married woman, the husband is not allowed to take
actions related with the copyright unless his wife gives him the permission.
5.1 Scope of products
To establish the Copyright,
the following categories of products are qualified :
1. Books, brochures, news
papers, magazines and all other printed material.
2. Theatrical productions and
drama, musical productions
3. Verbal recital
4. Choreographic productions
and performing arts of which the way of performance are determined down by
writing or other wise.
5. Musical productions with
or without a text.
6. Designs, paintings,
buildings and sculptures, lithographs, engravings and other
books of picture
reproductions.
7. Geographical maps
8. Designs, sketches, plastic
works related to engineering, geography, the topography or other sciences.
9. Photography and
cinematographic productions and manufactured works according to similar
methods.
10. Productions of applied
art
11. Translations, music
compositions, films of another version or other duplications in a modified way
of a production of literature science or art as collection of various
productions undiminished the copyright on a original product will be protected
as independent production.
5.2 Duration and punishment
If one or more persons are
eligible for mutual copyright, the maintenance of this right can take place by
anyone, unless otherwise agreed.
Copyrights expire after 50
years.
Infringement of the copyright
of another will be punished with maximum 2 years of imprisonment and a fine.
6.0
TRADEMARK LEGISLATION (G.B.
1946 no 73)
The present Suriname
legislation on Trademark is based on an Royal Order from 1912 (Regulations on
the Factory and Trade Marks in the Colonies and the Aid Office for Industrial
property).
This law had been modified by
the decree C-81 of August 31st 1984. The original law refers to the old Dutch
Trademark Law ("Merkenrecht") of 1893.
6.1 First use
The Trademark act of Suriname
defines that entitlement to a Trademark comes into existence by the first use
of the Trademark in Suriname (Indonesia or Curacao). The mark should be
registered at the Office of the Public Prosecutors of the Attorney General
thus at the Office of Industrial Property. The requirement in case of
registration of a collective mark is that all claimants have a collective
right to be entitled to the Company.
The Trademark should not
exist of words or representations which are against the manners and customs
through which the use of the Trademark could be against the public order. It
is also forbidden that the Trademark, even with a small modification, contains
the Cote of arms or the seal of a public law frame.
6.2 Litigation seal of
corporation or public body
If a third party infringes
upon the Trademark of another person, the party concerned may take the
following actions:
1. He who uses the Trademark
first and or has it registered, can legally claim for the annulment of the
registration at the Court of Justice. A period of 9 months is required for the
annulment.
2. The prejudiced can apply
to the Justice of Peace, based on article 1386 of the Surinam Civil Code. This
claim is not bound by time.
6.3 Duration
The right on the use of a
mark expires:
a. Twenty years after the
date of registration, if the registration has not been renewed before the
expiry date.
b. Cancellation of the
registration at the request of the person who has the Trademark registered or
by the person to which the Trademark has been passed to.
c. When the rightful owner
does not make use of the Trademark during three years.
d. The expiration or refusal
of the registration of the foreign Trademark in the country of its origin.
The right on a registered
Trademark can be delegated under the conditions that either the Company of
which the commodity the Trademark, is appropriated for, is delegated to or has
been passed to the same person. The public should rely on the fact that a
given Trademark bearing article is always produced by the same Company.
7.0
THE OFFICE FOR INDUSTRIAL
PROPERTY
In Suriname the Office for
Industrial Property is entrusted with the protection of inventors, trademarks,
models and designs, varieties of plants and intellectual property.
During the pre-independence
period of Suriname, the Office for Industrial Property was an Dependance of
the Office of the Netherlands. The Office does not have a special Act but the
terms of reference for this Office are defined in two different laws.
The Trademarks provides that
in Suriname, the Prosecution Council is in charge as assistant Office for the
Industrial Property of the Office established in The Hague (Netherlands).
Regarding the registration of
Trademarks, the terms of reference of the Office for Industrial Property are
as follows:
* The application for the
registration should be submitted in duplicate and should include name and
address of the applicant. In case the applicant is not a resident of Suriname,
then the name and address of the local representative should be provided. In
case of a Company, the name and address. Six copies should be provided
representing the Trademark and an indication of the commodities to which the
Trademark will be applied.
It is not specifically
required that the applicant resides in Suriname or that the Company is already
in production.
After application has been
submitted, the Office for Industrial property should investigate if the
Trademark has not been previously registered, is not similar to, or resembles
a Trademark which already has been registered by another.
A decision on the
registration should be given within one week. Prior to Surinames
independence the Office dealing with Intellectual Property transmitted al
applications for patent registration to the Patent Council in the Netherlands
which made a thorough examination.
Except for the name and
address of the applicant a clear and complete description of the invention was
required.
If necessary, the description
should be accompanied with designs, models, samples, experiments and
elucidations. The applicant should indicate for what purpose exclusive rights
are requested and if applications for patents have been filed in other
countries. The Patent Council should also be informed about the possible
objections and or rejection in the other countries.
If the application is
considered for conferment of a patent, the request will be published. After
the publication, objections can be presented and if two months after the
publication there are no objections submitted to the Council, the patent will
be considered to be presented in the way the application has been published.
Since the Prosecution Council
is in charge of the servicing the Intellectual Property, the Attorney General
is officially the Director of the Office.
8.0
FEASIBILITY FOR REGISTRATIONS
UNDER THE EXISTING SYSTEM
Under the countrys
existing the next possibilities for registration are:
8.1 Indigenous knowledge
The Patent Act granted to the
inventor of a new product, method or an improvement of a product in an
Industry, an exclusive right. The indigenous knowledge e.g. their knowledge
over plants with medicinal opportunities, can be seen as a new method for the
pharmaceutical Industry, so it is possible for the indigenous and tribal
people to obtain for a Copyright.
The Copyright Act gives
creators of work of art or scientists the exclusive right to publish and
duplicate the production. Under the Copyright Act it is an opportunity for the
indigenous and tribal people to registrate their creations of work of art or
scientist.
8.2 Biotechnology
As mentioned before, the
Patent Act grants an exclusive right to the inventor of a new product, method
or an improvement of a product in an Industry.
In case of a Bio-technology
product the Patent Act is an opportunity for registration.
For genetic engineering
products the Suriname existing system has no possibilities for registration.
The Constitution makes
provisions for those agreements, based on International Law with other states
and International Organizations, to be legally binding once ratified and
published in the Government Gazette (articles 103, 105 of the Constitution).
Article 106 of the
Constitution states that laws and regulations which are on the Statute Books
Contravention with the provisions of conventions ratified by the Government.
Under the Constitution
citizens of Suriname can appeal to agreements and or pacts entered by the
Government in order to protect their rights.
In this case the Convention
of Paris (1967) is a suitable example for the establishment of trade secrets
by the indigenous people.
The knowledge of the
indigenous people plays a very important role in the maintenance and
utilization of the bio-diversity.
The knowledge of the use of
plants for medicinal purpose can be considered as a trade secret.
One can also appeal on the
Bern Convention1 in which article 1 states that parties to the Conventions
Constitute a Union for the protection of the rights of authors in their
literary and artistic works.
These rights are defined
widely to include every production in the literary, scientific and artistic
domain, whatever may be the mode or form of its expression and extends to
translations, adaptations and other alterations of literary or artistic works.
Because of the provisions in
the Constitution it is possible that the Suriname population can count on all
pacts, conventions etc. of which Suriname is a party. Though the Surinam
legislation became obsolete it still offers opportunities to establish of the
Intellectual Property Right but above all this , one can count on the pacts
and conventions.
The institution in charge of
the registration of Intellectual Property Right is insufficient equipped to
accomplish the tasks through which it will still be difficult to obtain the
desirable protection.
9.0
LEGAL INITIATIVES
Some effort has been made to
amend the Act in the field of Intellectual Property. In this respect two
initiatives are known. At the request of Suriname in 1981 the WIPO presented a
bill on Intellectual Property to improve the law in the field of Intellectual
Property.
Another bill was presented in
1986, comes from the Working Group "The Right of the First " (recht
van de eerste). The proposal has its origin from interests groups in trade and
industry.
This bill intends to replace
the antiquated text on Intellectual Property and to amend the legislation in
line with the International provisions.
In all official documents of
institutions, as the Chamber of Commerce and Factories, the Center for
Industrial Development and Export Promotion, addressed to the Government the
importance of the protection of Intellectual Property is indicated.
Another group of musicians
and graphic creators are preparing a a bill mainly to adjust the Copyright.
Recently the Ministry of
Justice and Police received a concept Memorandum of Understanding concerning
Protection of Intellectual Property Rights from the Embassy of the USA to
study.
According to the Director of
the Office for Intellectual Property it takes some time to take the bills into
consideration. Principally this is due to:
The priorities of the
Government
Lack of manpower to study the
bills and give comments and adjustment according to the Surinam situation
The economic situation which
leads personnel to resinate for a better job.
The Government of Suriname is
now implementing AN Economic Structural Adjustment Programme which has
negative Social-economical consequences for the population.
The Adjustment Program has
all priority from the Government resulting in a further delay in the
implementation of the recommendations and provisions under of the Convention
on the Bio-diversity.
On May 26th, 1994 the Council
of Ministers approved the text of the Convention on Bio-diversity. As a
consequence of this approval, a special working group had been installed. This
working group should adjust her working schedule according to a campaign,
taking into consideration the execution of de UNCED Conventions.
10.0
NATIONAL INITIATIVES
OF RELATED INTELLECTUAL
PROPERTY RIGHT
IN SURINAME
10.1 The Surinam Biodiversity
Prospecting Initiative (Biodiversity Convention
In December 1993 an
initiative was announced in which an NGO Conservation International, native
Suriname people, and a Suriname pharmaceutical Company with US pharmaceutical
experts embarks on a joint project. This etno-botanically based bio-diversity
prospecting initiative identifies and screens tropical plants for potential
medicinal use on an international scale. Anticipated results of the initiative
are considered potential economical alternatives to deforestation and
conservation of bio-diversity, with financial benefits from any drug
discoveries to Suriname and its native peoples, and technology transfer from
the United States to a conservation-based pharmaceutical Industry in Suriname.
The initiative is one of the first working models to implement the standards
of the Conservation on Biological Diversity.
The initiative recognizes the
value of standing rain forest as a potential source of new medicines and fully
incorporates the rights of indigenous and local people as botanical
prospectors and guardians of their resources.
The initiative is designed to
conserve the biological diversity of one of the worlds last tropical areas
by providing economic incentives to the forest people and Surinam Institutions
involved in identifying new medicines, with special focus anti-HIV and
anti-cancer compounds.
Critical to the initiative is
the creation of a Forest Peoples Fund designed to support local communities
in the interior of Suriname in their search for conservation-based
alternatives to forest destruction. The first on its kind, the fund will be
managed with membership and full participation of indigenous and local people.
The initiative promotes the
study of the traditional use of plants within indigenous communities.
By instituting an
"etno-botanical premium" which pays a higher royalty for
pharmaceutical products derived from medicinal plants identified through
indigenous knowledge, the initiative creates an added economic incentive for
the locals collectors to preserve their knowledge and their forest.
Fifty percent of the
royalties returned to Suriname from the future sales of any new
etno-botanically identified drug will be disbursed to forest people
communities through the Fund.
This initiative links the
vital partners to built a new industry dependent on the conservation of
Bio-diversity. Significant is the role of the forest people in the initiative.
Some important provisions in
the contract are:
1 Access to Genetic
Resources: The contract is limited to the collection of angio sperms only. The
contract recognizes that Suriname controls the access to and seeks to maintain
the sovereignty over their natural resources. By separate permit the National
authority on natural resources approved the collection only.
2 Indigenous knowledge: The
contract also recognizes above all that the country of Suriname and the
indigenous people posses valuable trade secrets, knowhow, and other
intellectual property rights regarding the use of certain samples.
The contract requires that
all ethno-botanically related(indigenous) knowledge utilized, is not only
compensated for up front but also collected and recorded with the consent of
those people providing such information.
The contract requires that
explanation be given about all legal op- tions and to inform the indigenous
and tribal people of their rights to royalties and license fees derived from
discoveries made from Angio Perms collected both randomly and
ethno-botanically.
3 Patents: Where a plant
extracts leads to some novel compound, drug or other product, the discover(s)
shall have the option to secure exclusive development and commercialization of
the product. The agreement currently allows for joint patent ownership in the
event more than one sub-program has significantly contributed to the
invention.
4 Technology transfer: The
program shall ensure the long term establishment of independent collection,
and extraction capabilities of Suriname trough the transfer of appropriate
technology.
5 Royalties: The contract
provides for future royalties which are above the avera- ge commercial rate.
The royalties will be apportioned between the participating parties and
indigenous peoples Communities.
The royalty provisions
currently account for various levels of added value to the plant material.
Additional information such as traditional medicinal uses raises the
percentage of the royalty to compensate for such indigenous knowledge. The
provision has an accounting clause to ensure compliance with accurate
reporting and may include an encoding system to ensure that all laboratory
results which require further test samples automatically report them self in
the form of requests for the plant identification etc.
6 Etno-botanical information:
The program will collect data on the % of species sed with actual levels of
diversity. All information will be documented in three languages Dutch,
English and the local indigenous/semi indigenous language. This information
will be used in environmental education/cultural enhancement projects.
10.2 Movement for Ecotourism
in Suriname (METS)
The METS was originally
formed in 1962 by the Government of SuRiname to develop tourism resorts in the
Amazon.
Recently METS was privatized
according to national policy initiatives (Structural Adjusted Programme) with
a keen understanding of the developmental status if indigenous population
groups in the interior, METS has taken an active role in sustainable
development and is one of the few ecological focused tour companies who works
in conjunction with an empty native people of the region.
Tour highlights from the METS
are:
Wood carving demonstrations
Official visit to the
different tribal Grand Chiefs
Amerindian and bushnegro arts
and crafts
Traditional, cultural maroon
singing and dancing
Archery instruction
10.3 Foundation for Nature
Preservation, Suriname (STINASU)
STINASU is an Governmental
organization and is responsible for the management of the nature reserves. The
main objectives of STINASU are:
Nature education
Nature management
exploitation
Tourism
Training for wild life
rangers
The main project of the
foundation now is the rehabilitation of two nature reserves: the Browns and
the Raleigh falls.
10.4 Caribbean Institute for
Biological Agriculture
A few months ago this
Institute with his principal seat in Suriname, was established because of the
use on big scale of artificial manure and others and other chemicals in the
agriculture. One of the main goals of this Institute is to educate farmers the
principals of the biological agriculture without chemicals. This Institute
will establish a few demonstration farms based on biological principles and
will certificate the so called "Green Products".
11.0
CONCLUSION OVER AND
RECOMMENDATIONS
ON IMPROVING THE NATIONAL
SYSTEM
An evaluation of the National
system, presents as major obstacles are:
1. Policy
On different occasions the
Government stated to be in support of sustainable development principle.
At the UNCED 1992 in Rio de
Janeiro the President stated:
"The comprehensive and
the integrated set of programs of Agenda 21, which has been defined for a wide
area of issues in the field of environment and development, will surely serve
as a basic reference in designing our National strategies with regard to our
environmental policies".
Taken into consideration what
already has been done about the implementation of the Convention of
Bio-diversity, it can be stated that their is a lack of an overall National
policy which deals with bio-diversity, development and management.
Required technical advice to
the Government regarding issues on environment and development.
Cooperation with the
authorities in developing and furthering an integrated developmental strategy
that encompasses conservation and environmental consideration at both the
national and regional level.
2. Institutional capacity
There is an enormous spread
of responsibilities and lack of overall coordination of the organizations
working on environmental and development issues in Suriname. Aspects of
environmental management and planning fall under the jurisdiction of several
Government Departments, and the National Planning Bureau: The Ministry of
Agriculture, the Ministry of Natural Resources, the Ministry of Health, the
Ministry of Public Works. In addition several inter-institutional working
groups with specific terms of reference have been installed as well as the
Ministry of Regional (Interior Rural) Development.
The Ministry of Planning and
International Cooperation is in charge of all matters pertaining to National
planning, development and for International cooperation.
In June 1994 the decision has
been taken to fully integrate the National Planning Bureau into this Ministry.
This Ministry is also coordinating the implementation of the economic
Structural Adjustment Programme.
At the policy level is the
Ministry of Agriculture Animal Husbandry and Fisheries responsible for the
agricultural sector.
In cooperation with the
University of Suriname, it carries out research. This Ministry is also
responsible for the management of land and water used for agricultural
purposes, and use of agro-chemicals, for the management of fish resources,.
The Inter-institutional
Pesticide Working Group advises the Ministries on all issues regarding
agro-chemicals and the Ministry will establish a Pesticide Law and monitoring
Bureau for this purpose.
The Ministry of Natural
Resources controls the utilization and management of all energy sources and
natural resources, except fish. Within the Ministry, the Forest Service is in
charge of forest management including the implementation of Cites regulations
and law on endangered species of flora and fauna. These activities are
conducted in close cooperation with STINASU (Foundation for Nature
Preservation in Suriname). In addition, the Ministry collaborates with the
Ministry of Agriculture and Public Works in dealing with certain land-use
issues.
The Ministry of Healths
responsibility for environmental health management includes the control on
infectious diseases, the testing of the quality of food products; the disposal
of certain industrial wastes; and, in cooperation with the Department of Waste
Disposal of the Ministry of Public Works, the collection and disposal of
municipal wastes. The Ministry is also in the process of establishing
standards for water, soil and air quality, as they relate to human health.
The Ministry of Public works
is apart from infrastructure responsible for climate hydrological research
including monitoring of water quality and survey´s carried out in
cooperation with the fisheries department, the Nature Conservation Division
and the Bureau for Public Health.
3. Law
Almost twenty years after the
political independence, the preindependence text of laws still are in
existence.
The provisions for the
colonial period are still in force and do not necessarily meet the conditions
existing nowadays. Most of the provisions were meant for the Netherlands,
where meanwhile they have also been modified.
Considering the rapid
National and International changes, it is important that the Suriname
legislation is amended to incorporate the changes and progress in line with
the conventions.
The Suriname Copyright
provisions are based on the "Authors Act" of 1913, amended in 1959.
Suriname a member of the Union of Berne (1886) for the protection of
productions of literature and art. On February 23rd 1977, Suriname became
party to the latest version of the Berne Convention, the Act of Paris of 1971.
It is to be noted however,
that the National Law on these issues is adapted to the Act of Brussels of
1948 only.
Based on article 11 of the
additional articles of the Surinam Constitution of November 25th, 1975, the
Governmental Patent Act of 1910 of the Kingdom of the Netherlands, acquired
the status of Law under the Suriname Law system.
By means of this provision,
the patents granted by the Patent Council of the Netherlands are automatically
actual in Suriname.
The Netherlands Patent Act
has been updated, by which means it is not clear if the now in the Netherlands
permitted patents still are actual in Suriname.
After the independence of
Suriname no more Patents has been registered at the Office.
Currently the Surinam Patent
System is rather poorly organized.
As a member of the Union for
the Protection of the Intellectual Property, Suriname is committed to have a
properly organized Patent System.
The Surinam law on Trademarks
is based on a Royal decree of 1912. Most of the articles have lost their
relevance through which the law on Trademarks had become judge law. The only
article (2) that still have some relevance states that the right on Trademarks
comes into existence by means of the use of a mark either in Suriname or in
Europe, Dutch Indies or Curacao.
Meanwhile this regulation is
modified in the Netherlands in the sense that the right on Trademarks does not
starts at the first use of it but by its registration.
In article 8 of the present
Surinam law on Trademarks, a situation of Trademark commodities is presented
which still has a starting point of a commitment of Suriname to the Pact of
Madrid of 1891, while Suriname has cancelled her membership since 1959.
4. Human resources
Within the Government there
is a Lack of trained personnel to adequately undertake the planning and
management of development projects. This is due to the continuing emigration
of trained professionals and technicians.
Success of investment
projects will depend on the presence of qualified manpower and the current
number of qualified personnel in the country is in short supply, especially in
the field of project and business managements.
5. Finance/Funding
Insufficient funding for even
the most basic programmes and activities of maintenance, testing, quality
control and research results in the deterioration of equipment and
infrastructure, lack of financing for projects result in some very important
projects going unexecuted, in others being under funded, and at others, though
executed, leave out significant components.
6. International Cooperation
Except for the national
obstacles some international obstacles can be mentioned. The most important
are:
The absence of an effective
exchange of information, cooperation and coordination in Suriname among the
international organizations and institutions which providing development
assistance often causes duplication of efforts:
7. International financing
Problems in gaining
international financing from certain donor countries and institutions because
of perceived reluctance on the part of the Government to adopt certain
policies such as those involving structural adjustment of the economy,
democratization and other conditionalities.
RECOMMENDATIONS
It is recommended to:
1. Set up in cooperation with
the relevant interest groups a national focal point
which will be responsible for
coordinating all responses of Government and
the public on questions of
Intellectual Property Rights at national and interna-
tional level.
The Ministry of Justice and
Police Trade and Industry to name or create an Intellectual Property Right
focal point which will receive all National and International inquiries
concerning the issue and distribute them to the public.
2. Develop a National policy
and National legal body structure which will guide,
instruct and direct all
activities on Intellectual Property Rights issues.
This National level
Institution which should have the mandate, budget and personnel to carry out
the duties of coordinating activities related to Intellectual Property Rights.
3. Establish sectoral
Commission under the jurisdiction of this Intellectual Proper-
ty Rights Office and direct a
series of working groups including an indigenous
peoples Intellectual Property
Rights section.
Develop mechanisms to
address: amendments of the laws on International Property Rights efficient
inter-institutional cooperation; Identify the training needs; Develop
mechanisms to promote Intellectual Property Rights formulate the national
policy on application traditional knowledge of indigenous and tribal people of
new technologies; prepare programmes for the execution of this policy in
harmony with the training level of personal and available assistance from
outside; develop mechanisms for the efficient execution of the programs
developed by the working groups and Commissions.
4. Establish perceptions,
policies, structures and mandates in all Government
Institutions and industrial
commercial and trade indigenous communities
which will effectively and
efficiently respond to the challenges of possibilities
and benefits of the
Intellectual Property Rights.
5. Actively participate in
the international agreements, protocols and conventions
related to Intellectual
Property Rights and which are of relevance to the develop-
ment of Suriname.
6 THE LAW
The development of an
adequate legal frame work in line with recent global initiatives is eminent
for Suriname. The first step is to develop a National Policy on environmental
development.
Most laws are out dated,
obsolete or incomplete and need to be amended. These amendments should promote
resource based and suitable development.
The best for Suriname as a
developing nation that promotes bio-diversity prospecting, domestic innovation
and technological equity equation is to have an intellectual property system
including trade secret legislation, patent protection, plant breeders right,
trade mark, copyright law and a petty patent system.
The Surinam system of rights
on Intellectual Property will create the possibilities for an adequate
protection of the products of bio-diversity, prospecting, optimize the
benefits to those who preserve wild habitat and sustainable development of
natural resources.
Laws regarding environmental
protection intellectual property (patent Trademark), natural resources ( law
on Forest, Mineral Law) should have proper interaction. By means of this
interaction it will be possible to combine development with protection and to
built up a structure for sustainable bio-diversity prospecting.
The introduction of a legal
system of trade secrets; mainly for the indigenous people, it is important
that they can apply for Trade secrets.
An example of this is the
knowledge of the medicinal use of a plant or extraction method handed down
over generations.
The introduction of a legal
system of patent right; where situations on which indigenous people with the
use of traditional knowledge make use of a mixture of plants for medicinal
purpose can be taken into consideration. Patent can be applied for on the
method of preparation specifically when admixtures are applied.
Lately a project on medicinal
plants started in Suriname, by which the possibility for people is available
to establish rights on Intellectual Property. Some organizations have
announced to start with research projects to study the possibilities of
medicinal plants. In this frame it is important that plant breeders right
is being introduced to promote a sustainable development of plant genetic
resources. The possibilities could be studied to become a member of the
International Convention For the Protection of New Varieties of Plants, 1991
(UPOV Convention).
The system of the right on
Trademarks should be strengthened with the introduction of a certificate in
particular for the so called "Green Products". This certificate
could indicate the origin of the products and the breeding method used.
The provisions of the
Bio-diversity Convention ensure that the relationship between indigenous
peoples intellectual property and bio-diversity protection is closely examined
to ensure that environmental and sustainable development goals are fully
integrated 1. In that policy should be expressed that the Government
acknowledges the vital roll that the indigenous people and their communities
and other local communities should be concerned in the sustainable
development.
REFERENCES
Agenda 21
ABYA YALA News, Volume 7;
Journal of the South and Meso American Indian infor-
mation Center
Antagonist people volume 2 nr
2
CRS Report for Congress:
Bio-technology, Indigenous People and Intellectual Property
Rights
Indigenous People Volume 11
no 2
RAFI Communique (Rural
Advancement Foundation International) January/February
1994. The Patenting of Human
Genetic Material
WIPO 423 (E) January, 1994
An Intellectual Property
Rights FRamework for BIo-diversity Prospecting: Michael
Gollin
Intellectual Property Rights
for Indigenous People, A Source Book, Tom Greaves
A dissertation over the
Suriname TRademark Act, September 1983: Jacintha
Duttenhofer
The Suriname Country Report
Suriname Judical Gazette
November 1978
The Suriname Plan Atlas
prepared by the Planning Office
APPENDIX 01
Translator´s note: due to
the limited time allowed for making this translation, it should only be
considered a draft translation, and by no means an official, government
approved translation.
1946
No. 73
GOVERNMENT GAZETTE of
SURINAME
RESOLUTION of 13 June 1946
no. 1862, providing for the publication in the Government Gazette of the
statutory text of the Royal decree of 29 August 1912 No. 57 (Statute book no.
284, Government Gazette no. 87), containing provisions for the manufacturers
trade name and trade mark in the Colonies and the Auxiliary bureaus for
Industrial Property.
THE GOVERNOR OF
SURINAME,Having heard the Attorney General;
DECIDES :
To stipulate that the Royal
decree of 29 August 1912, no. 57 (Statute book no. 284, Government Gazette no.
87), providing for the manufacturers trade name and mark in the Colonies
and the Auxiliary bureaus for Industrial Property, after the amendments and
supplements introduced therein by the Royal Decrees of 27 May 1914 no. 64
(Government Gazette no. 34), 26 January 1915 (Statute book no. 26, Government
Gazette 12), 26 November 1920 no. 828, Government Gazette 1921 no. 11), 19
December 1921 (Statute book No. 1362, Government Gazette no. 1922 no. 8), 24
December 1924 (Statute book no. 582, Government Gazette 1925 no. 19), 5
September 1925 (statute book no. 374, Government Gazette no. 65); a copy of
this resolution will be placed in the Government Gazette.
Paramaribo, 13 June 1946
J.C. BRONS
Done 27 July 1946
The acting Government
Secretary,
H.K.A. KLEINE
ROYAL decree of 29 August
1912 no. 57 (Statute book no. 284, Government Gazette no. 87) providing for
the manufacturers trade name and mark in the Colonies and the Auxiliary
bureaus for Industrial Property, after the amendments and supplements
introduced therein by the Royal Decrees of 27 May 1914 no. 64 (Government
Gazette no. 34), 26 January 1915 (Statute book no. 26, Government Gazette no.
12), 26 November 1920 (Statute book no. 828, Government Gazette 1921 no. 11),
19 December 1921 (Statute book no. 1362, Government Gazette 1922 no. 8). 24
December 1924 (Statute book 582, Government Gazette 1925 no. 19), 5 September
1925 (Statute book no. 374, Government Gazette no. 84), and by the decree of
13 March 1931 (Government Gazette no. 65). *)
Article 1 (**)
1. As auxiliary bureau for
Industrial Property of the Bureau in The Hague as intended by Article 1 of the
Law on Marks, x) the local Department of Justice is responsible for the
service for industrial property in the Dutch East Indies, and in Suriname and
Curasao the public prosecutor of the Attorney General of the Local Court of
Justice
2. The Auxiliary bureau is
also an auxiliary depository responsible for the public announcements of the
manufacturers trade names and marks in the Colonies where it is established
3. The Auxiliary bureau
provides the Bureau in The Hague with all the information concerning the
industrial property which it requires
Article 2
1. In the Dutch East Indies,
Suriname and Curaçao the right to the exclusive use of a mark for the
distinction of a persons products and commodities from those of another is
given to the person who first made use of that mark in the Empire in Europe,
the Dutch East Indies, Suriname or Curaçao, yet only for that type of goods
for which it was used by him, and no longer than three years after the last
application
2. Subject to proof to the
contrary and the provisions in the following paragraph, he who first met the
regulations of article 4 shall be considered to be the first user of the mark
submitted
3. He who has submitted to
the Auxiliary bureau for industrial property a mark within the period of four
months, after he has registered that mark in good order according to article 6
of the international agreement for the protection of industrial property,
concluded on 20 March 1883 in Paris (Dutch Statute book 1884 no. 189, the
Dutch East Indies Statute book 1888 no. 188, Government Gazette of Suriname
1890 no. 8, and the Gazette of Curaçao 1890, no. 3) *), in one of the States
which have entered into this agreement, shall be expected to have already made
use of this mark at the time of his request of that period in the colony
4. He who submits, for
registration to the Auxiliary bureau for industrial property for those types
of goods pursuant to Article 4, a mark under which his manufactured goods and
commodities have been on display on a official kind of recognized
international fair on the territory of one of the aforementioned States which
have entered into the international agreement of Paris within six months after
the opening of that fair, shall be expected to have already made use of that
mark in the Colony where the Auxiliary bureau is established, on the day on
which the goods with such mark are on display. In witness of such presence on
the day of display the Auxiliary bureau for industrial property can require
the submission of a certified statement of the board of the fair or, for its
satisfaction, from another competent source
Article 3
1. Registering a mark in the
name of more than one rightful claimant is only then permitted, if this
entitles all collectively to the company or trade institution for the
distinction of which goods the mark is intended. For the evidence of the
latter the Auxiliary bureau for industrial property can require the party
concerned to produce a certified copy of the certificate that conveys the
collective entitlement
Article 4. *)
1. For obtaining the
registration of a mark the party concerned shall submit to the Auxiliary
bureau for industrial property appointed for the Colony where he desires to
register a plate of that mark measuring 1,5 cm and not exceeding 10cm in
length and width, and 2,4 cm thick, also three samples of a clear illustration
of his mark signed by him or in his name. The type of goods the mark is
intended for and the full name and place of residence of the entrant shall be
stated as well. If the entrant wishes the colour of the mark to be distinctive
he shall provide a brief indication of the colour or colours wherein the mark
is depicted, and he shall put a number of copies to be determined by the
Auxiliary bureau for industrial property at the disposal of that Auxiliary
bureau
2. The entry can also take
place by a person authorized in writing
3. The mark shall not contain
words or representations which are contrary to public decency or by which the
use of the mark is in contrast with public order. It shallnot contain even
with a minor deviation, the weapon or the seal of any public corporation
4. For each entry thirty
guilders shall be deposited for every mark, and which shall not be refunded
Article 5 **)
1. The submitted mark shall,
pursuant to the foregoing article be registered by the Auxiliary Bureau for
industrial property as soon as possible after the day of receipt in the public
register intended for that purpose, the model being the same as the one
specified by the Minister in charge of the Law on Marks, in pursuance of
article 5 of that Law
2. Both samples of the
illustrations which were produced, shall be certified adding the date and the
number under which the registration has been recorded
3. One of those samples shall
be returned to the entrant within three days thereafter
4. To the other sample the
power of attorney shall be attached in the case, as intended in the second
paragraph of article 4
Article 6 *)
1. The Auxiliary bureau for
industrial property shall publish a print of the plate as in-dicated in
Article 4, of each of the registered marks recorded since the last time of
publication, in the next publication each month of the Javasche Courant in the
Dutch East Indies, in the next publication each month of the newspaper in
Suriname and Curaçao, wherein official announcements are placed, stating the
type of goods for which they are intended, the full names and places of
residence of the entrants, and, if the colour of the mark is a distinctive
characteristic thereof, a concise indication of the colour or colours in which
the mark is represented
2. These announcements shall
be placed in separate supplements of that newspaper or gazette which are made
publicly available separately. Thereafter the plate is returned to the entrant
on request
Article 7 **)
1. The Dutch national and the
alien in the Dutch East Indies, Suriname or Curaçao, residing there or owning
an establishment of industry or trade established in good faith and truly
intended for the practice of industry or trade who wants to guarantee the
protection of his mark for the same type of goods entered pursuant to article
4 in other States, too, which have become a party to the agreement of 12
December 1892 (Dutch Statute book no. 270, Dutch West Indies Statute book
1893, no. 99, Government Gazette of Suriname 1893 no. 8, and the Publishing
book/gazette of Curaçao 1893 no. 2) *) ratified on 14 April 1891 in Madrid,
shall submit to the Auxiliary bureau for Industrial Property in the Colony
where he resides or where his institution of industry or trade is established
yet four samples of which one signed, one clear representation of that mark, a
statement of the type of goods for which the mark is intended drawn up in the
French language and signed, and a plate complying with the requirements stated
in the foregoing article. If the colour of the mark is a distinctive
characteristic thereof the entrant will make mention thereof by adding a
concise indication of the colour or colours in which the mark is represented,
drawn up in the French language and signed by him or in his name, and he shall
put at the disposal of the Auxiliary bureau for industrial property a number
of copies in the colour of the mark, to be determined by this Auxiliary bureau
2. The second paragraph of
article 4 shall be applicable in this respect
3. For the entry an amount of
sixty guilders shall be deposited for one mark, for every subsequent mark
entered simultaneoulsy with the first one and by or for the same entrant, the
amount of thirty guilders shall be deposited. There shall be no refund in any
case of what has been paid accordingly
4. If the mark entered in
pursuance of article 4 is not registered according to article 5 the Auxiliary
bureau for industrial property will notify the entrant that the application
for registration at the International Bureau in Bern cannot be effected for
the time being
5. If, or as soon as the mark
is registered according to article 5 the Auxiliary bureau for industrial
property submits forthwith, adding the amount of fifty-five guilders for one
mark and the amount of twenty-five guilders for every subsequent mark
simultaneously entered with the first one and by or for the entrant, the first
three signed copies of the illustriation as intended in the first paragraph
and the statement of the type of goods with the plate drawn up in the French
language and signed and, in the case of the last clause of the first paragraph
of this article, a number of copies in the colour of the mark to be determined
by the Bureau in The Hague, to that Bureau which shall see to the immediate
application for registration at the International Bureau in Bern
6. The Auxiliary bureau
retains the signed copy of the representation, which will be certified
7. The Bureau in The Hague
notifies forthwith the Auxiliary Bureau of all notices conveyed by the
International Bureau in Bern concerning the mark, the Bureau then notifies the
entrant insofar as such can be considered to be of importance to him
8. In addition, the Bureau in
The Hague sends to the Auxiliary Bureau the copy of the application for
registration returned by the International Bureau in Bern
Article 8 *)
1. The Bureau in The Hague
shall, each time it receives an announcement pursuant to article 3 of the
aforementioned Madrid agreement as amended by the additional act signed and
ratified on 14 December 1900 in Brussels under the law of 7 June 1902 (Dutch
Statute book/gazette no. 85, the Dutch West Indies no.377, Government Gazette
of Suriname no. 22 and the Gazette of Curaçao no. 37)**) concerning the
international registration of a mark, or a foreign mark entered with an
Auxiliary Bureau, send as soon as possible a certified copy of this
announcement to the Auxiliary Bureau involved by which, pursuant to the
provisions of article 9, (as soon as possible upon receipt) the mark to which
the announcement refers shall be registered as soon as possible after receipt
in the public register intended for that purpose, the model being the same as
the one specified by the Minister in charge of the law on Marks, in pursuance
of article 8 of that Law
2. The copy received of the
announcement shall be certified adding the day and the number under which the
registration has been recorded
3. If the internationally
registered mark was entered with the Auxiliary Bureau for industrial property
pursuant to article 7 the bureau shall notify the entrant of this
international registration as soon as possible, as wellas a dated registration
certificate as intended in the first paragraph of this article
4. The paper "Les
Marques Internationales" of the International Bureau in Bern
containing the announcements of the international registration marks, shall be
made generally available to the Auxiliary Bureau, the necessary copies being
forwarded by the Bureau in The Hague
5. Each time mention shall be
made of this availability in the newspaper or gazette as intended in article 6
Article 9 *)
1. If the mark entered
according to article 4, and the foreign mark intended in article 8 is in whole
or mainly similar to that which is registered for the same goods in the name
of another party, is entered earlier by another party, or if it is in defiance
of the provisions of the second last paragraph of article 4, the Auxiliary
bureau for industrial property can refuse registration whereof it notifies the
International Bureau in Bern in writing stating the grounds for refusal as
soon as possible after the day of receipt of the mark from the entrant, or
after receipt of the announcement intended in article 8
2. The entrant pursuant to
article 4, or the entrant of the mark intended in article 8, can turn to the
council of justice in Batavia in the Dutch East Indies, to the local Court of
Justice in Suriname or on Curaçao by means of a petition signed either by him
or by his attorney, for the registration to be ordered. The entrant pursuant
to article 4 shall do this within 3 months, the entrant of the mark pursuant
to article 8 within a year after notification
Article 10 *)
1. If the registered mark
pursuant to article 5, or the registered foreign mark pursuant to article 8,
is in whole or mainly similar to that which another person for the same type
of goods is entitled to in pursuance of article 2, or contains the name of the
company of another party, the person who states to have such right, or whose
name or company carries that mark without prejudice to other legal remedies at
his disposal as far as a registered mark is concerned pursuant to article 5,
can turn to the council of justice in Batavia in the Dutch East Indies, to the
local Court of Law in Suriname or Curaçao within nine months after the
announcement laid down in art. 6, and insofar as a foreign mark is concerned
in pursuance of article 8 within nine months after the prescribed announcement
at the end thereof in order for the registration to be nullified
2. Even after the expiration
of the period mentioned in the first paragraph the aforementioned claimant can
petition the nullification of the registration in the same manner in case his
right is apparent by order of the court
3. Within the period
mentioned in the first paragraph the Public Prosecutor can, if the mark is in
defiance of the provisions of the second last paragraph of article 4, claim
from one of the Boards mentioned in the first paragraph that the registration
be nullified
Article 11
The clerk shall notify the
Auxiliary Bureau for Industrial Property of each request as intended in
article 9 and 10 and of each petition of the Public Prosecutor as intended in
Article 10 in writing within three days
Article 12
1. The Boards mentioned in
the last paragraph of article 9 and the first paragraph of article 10 shall
rule behind closed doors
2. The ruling on request done
pursuant to article 9 shall only be given after the petitioner has been given
the opportunity to orally defend his right to the registration of that mark.
The petition and the simple appointment for the setting of the court-date
shall be communicated to the head of the Auxiliary bureau on behalf of the
petitioner, within fourteen days after the date of such appointment
3. The decision on a petition
or a claim done in pursuance of article 10 shall only be given after
examination or proper summoning of the entrant of the mark on the day set by
the Board by simple appointment at the request or petition which the clerk
will convey to the Auxiliary Bureau for industrial property in writing, and,
if it concerns a registered mark pursuant to article 5 the entrant will be
notified on behalf of the petitioner or the Public Prosecutor of the request
or the petition and the apointment fourteen days after the date of the latter
4. If it concerns a
registered mark pursuant to article 8 the Auxiliary Bureau, will notify the
Bureau in The Hague of this request or the petition and informs this Bureau of
the day set by the Board for the examination as soon as possible, and at least
three months in advance. 5. The Bureau in The Hague informs the International
Bureau in Bern of all this as soon as possible
6. At the examination the
petitioner, and in the case referred to in the last paragraph of article 10,
the Public Prosecutor shall be allowed to state his case by word of mouth
7. Before concluding an
examination as prescribed in this article the judge sets the date on which he
shall pass judgement
Article 13
1. An appeal of the decision
shall not be allowed
2. In the Dutch East Indies,
but not in Suriname and Curaçao an appeal with the court of cassation can be
lodged within a month after the day of the decision. The petition to this
effect shall be served to the party concerned if it involves an entered
registered mark pursuant to article 4
3. If the scope of the appeal
is such as to have the registration of the mark annulled the Auxiliary Bureau
for industrial property in the Dutch East Indies shall be considered the party
concerned
4. Of every other appeal with
the court of cassation which is not lodged by that Auxiliary bureau the clerk
of the Supreme Court in the Dutch East Indies shall make mention to that
Bureau in writing and within three days
5. If the appeal with the
court of cassation concerns a mark as intended in Article 8 that Auxiliary
Bureau shall notify the Bureau in The Hague thereof which shall notify the
International Bureau in Bern
Article 14
1. He who does not reside in
the Colony shall choose a place of residence in the Colony when registering as
intended in article 4 or article 7, and when submitting a petition as intended
in article 9, article 10 or article 13
2. All exploits shall be done
in that chosen place of residence
Article 15 *)
1. The Auxiliary Bureau for
industrial Property shall be notified in writing of the decision of the Board
of Justice in Batavia and the Court of Justice in Suriname or Curaçao within
three days
2. In the Dutch East Indies
equal notification of the outcome of the appeal with the court of cassation
shall be given by the clerk of the Supreme Court
3. In conformity with the
decision of the Board, as soon as this is definitive, or of the Supreme Court
of the Dutch East Indies if it has decided the main case, the aforementioned
Auxiliary Bureau shall record the registered mark or the nullification of the
registration in the column of the public register wherein the mark is
registered intended for that purpose
4. The registration shall
then be considered to have taken place on the day of entry or receipt of the
announcement as intended in article 8
5. The Auxiliary Bureau shall
convey these notifications as prescribed in this article, insofar as it
concerns a mark as intended in article 8, to the Bureau in The Hague as soon
as the decision is definitive
6. This Bureau shall notify
the International Bureau in Bern as soon as possible thereof
Article 16 *)
1. The Auxiliary Bureau for
industrial property shall take care of the notification of:
1o. the refusal of the
registration of a mark pursuant to article 8 as soon as the period prescribed
in the second paragraph of article 9 has expired without a petition as
intended there having been submitted, or as soon as the rejection is
definitive in such petition;
2o. the nullification of the
registration of the mark of which either the description of the representation
was already made public pursuant to article 6, or the announcement of
international registration (was) already placed in the paper "Les
Marques Internationales" of the International Bureau in Bern.
3o. the expired effectiveness
of registration due to one of the reasons mentioned in article 18 nos. 1 or 3;
4o. the transfer of a
registered mark pursuant to article 5 which is recorded in pursuance of
article 20
2. The announcements
prescribed in this article shall be publsihed in the separate supplements
mentioned in the last paragraph of article 6
Article 17 *)
1. The public registers as
intended in article 5 and 8 are open to the public for perusal free of charge
at the headquarters of the Auxiliary Bureau for industrial property
2. Everyone can obtain a
certificate or copy thereof at his own expense the costs of which shall be
calculated in the Dutch East Indies in conformity with article 7 of the tariff
of legal costs and salaries in civil matters in the European courts, in
Suriname in conformity with article 20 of the tariff of legal fees and
salaries in civil matters, and on Curacao on the basis 40 cents for 300
syllables. **) 3. Upon payment of S f . 1.(one guilder) preferably deposited
by means of a stamp anyone can obtain written information from the Auxiliary
Bureau via a model to be determined by the Bureau in The Hague about the
content of the public registers as intended in article 5 and 8. If further
investigation/examination is necessary for providing such information the
amount of three guilders shall be payable
Article 18
1. The power of registration
expires:
Article 18
1. The effectiveness of a
registration expires:
1o. by striking out at the
request of the person in the name of whom the registration is made, or the
transition pursuant to Article 20 is indicated;
2o. by the passing of 20
years after the day on which the registration according to Article 5 or
Article 8 was effected, if it was not renewed before the expiry of this term,
or if the renewal is not repeated within an equal term;
3o. if the effectiveness
becomes void or if in the country of origin the registration is being refused;
4o. on 31 december 1913 for
all registered marks which contain, even with a limited deviation, the name or
the sign of the "Red Cross", also called the Cross"
of Geneva"
2. The expiry of the
effectiveness of the registration for one of the reasons named in items 1 or 3
shall be motivated for that reason be indicated in the column intended for
that purpose in the public record in which the mark was recorded
Article 19
1. The registration of a mark
according to Article 5 shall be renewed if the rightholder has complied with
the same formalities as were determined for the first registration by Article
4 before the end of the term indicated in the previous article under item 2
2. The copies submitted as
intended in the first paragraph of Article 4 shall be certified supplemented
with the date of the renewed registration
3. The renewed registration
shall be effected by the Auxiliary bureau for industrial property by filling
in the date in the column intended for that purpose in the public records in
which the mark was registered
4. After the renewed
registration of a mark, registered in accordance with Article 5, one of the
copies intended in the second paragraph of this article shall be returned to
the rightholder
5. The fourth paragraph of
Article 5 and Article 6 shall be further applicable for the purposes hereof
6. The third and fourth
paragraph of Article 7 shall apply with regard to a mark, registered for
renewed registration in accordance with the formalities determined by that
article
7. The renewed registration
of a mark registered in accordance with Article 8 shall not have taken place
before the copy of the announcement, prescribed by Article 3 of the
aforementioned Madrid Agreement, is received from the bureau in The Hague.
This copy of the announcement shall be certified supplemented by the date on
which the renewed registration in the register was effected. 8. A dated copy
shall be given to the rightholder as soon as possible of the renewed
registration in the Dutch East Indies, in Suriname, or in Curaçao of a mark
which is again internationally registered, and which was in accordance with
Article 7 submitted to the Auxiliary bureau for industrial property in the
colony concerned
9. In case of a renewed
registration, the second and third paragraph of Article 10 and the remaining
articles of this decree shall be applicable
10. The Auxiliary bureau for
industrial property may refuse the renewed registration if the mark is in
defiance of the provisions of the one before the last paragraph of Article 4,
in which case the Auxiliary bureau acts as is prescribed in the first
paragraph of Article 9; in that case the second paragraph of Article 9,
Article 11 and the remaining articles of this decree shall be applicable
Article 20*)
1. The transfer of a mark
registered in accordance with Article 5 to another party shall only be
indicated if the factory or business as well, for which goods the mark is
intended as distinguishing mark, is transferred to the same person
2. The proof of the latter
shall be given by submitting a certified certificate of the applicable
document to the Auxiliary bureau of industrial property
3. The transfer shall be
indicated at the side of the registration for marks registered in accordance
with Article 5, at the written request of the parties or only of the acquiring
party if the transfer of the mark also is sufficiently clear from the
certificate intended in the previous paragraph, with regard to marks
registered in accordance with Article 8, after a notice has been received of
the bureau in The Hague concerning the indication of the transfer in that
place
4. The costs of the
indication of the transfer of the mark, registered in accordance with Article
5, shall amount to fifteen guilders to be paid upon the submitting of the
request for such indication
Article 21
1. The expiry of the
effectiveness of the registration, as well as the request for an indication of
transfer of an internationally registered mark, which was submitted to the
Auxiliary bureau for industrial property in accordance with Article 7, shall
be immediately communicated to the bureau in The Hague, which subsequently
notifies the International bureau in Bern thereof
2. No indication of transfer
of such mark shall be effected in case such transfer was made to a person who
is not a Dutch subject, and does not live in one of the countries which became
a party to the aforementioned Madrid Agreement, or who do not possess, has
established in good faith an industrial or trading business in that place,
which actually serves for industrial activities or for trading
Article 22
1. The marks which at the
time of entry into force of this decree are registered in accordance with the
regulations then valid shall enjoy the same protection as if they had been
registered in accordance with this decree. The twenty years, as intended in
Article 18, 2o, shall begin for those marks as from the day on which the
registration pursuant to the then valid regulations was effected
2. For the application of
Article 7 of this decree those marks shall be considered to have been
submitted in accordance with Article 4
Article 23 *)
*) Is deemed to have been
revoked by Official Gazette 1915 no. 78, penal provisions have been
transferred to Article 343 of the Suriname Penal Code
Article 24
This decree shall not apply
to marks which have been established by the government
Article 25
Upon the entry into force of
this decree the Royal decrees of 9 November 1893, numbers 24, 25 and 26 (Dutch
Government Gazette numbers 159, 160 and 161, Indonesian Government Gazette
number 395, the Government Gazette of Suriname no. 31 and the Gazette of
Curaçao number 20), as amended currently by the decree of 2 March 1908, no.
64 (Dutch Government gazette no. 79, Indonesian Government Gazette no. 365)
and the decree of 18 August 1910 numbers 31 and 32 (Dutch Government Gazette
numbers 258 and 259, Government Gazette of Suriname no. 74 and the Gazette of
Curaçao no. 52), as well as the articles 10 maintained thereby of the Royal
decrees of 6 April 1885 no. 13 (Indonesian Government Gazette no. 109), 3
February 1890 no. 26 (Government Gazette of Suriname no. 7) and 3 February
1890 no. 27 (the Gazette of Curaçao no. 2)
Article 26
This decree can be referred
to under the title "1912 Regulations on industrial property in the
colonies"
Article 27
This decree shall enter into
force in the Dutch East Indies on a date to be determined by the Governor
general, and in Suriname and in Curaçao on a date to be determined by the
Governor *) *) 1 January 1913 (Official Gazette no. 103)
APPENDIX 02
Translators note: due to the
limited time allowed for making this translation, it should only be considered
a draft translation, and by no means an official, government approved
translation.
Decree of 13 March 1931,
containing the provisions concerning trade names
Article 1 (1)
Trade name in this decree
means the name of the firm under which a business, in the sense of the first
or the second paragraph of Article 2 of the Trade register decree (Official
Gazette 1936 no. 149), is run
Article 2 (2)
The trade name passes on by
succession, and is subject to transfer, however, all this in connection with
the business, which is run under that name
Article 3 (1)
1) The owner of a business
shall be forbidden to use a trade name which, contrary to the truth, indicates
that the business, in whole or in part, belongs to someone else
2) The first paragraph is
also applicable, if the designation appearing in the tradename differs to such
limited extent from the name of the other one that consequently the public may
be feared to confuse same with the owner of the business
3) The first paragraph is not
applicable, if the tradename and the business originate from a person who did
not use that name in defiance of this decree
1) This Article is amended by
Article 11 of the "Amendments" laid down by the Royal Decree
of 2 June 1936 (Official Gazette no. 115) and by the government decree of 19
October 1937 (Official Gazette no. 121)
2) This Article is amended by
Article 11 of the "Amendments" laid down by the Royal Decree
of 2 June 1936 (Official Gazette no. 115)
Article 4 *)
1) It shall be forbidden to
use a tradename which, contrary to the truth, indicates that the business
belongs to one or more persons acting as one firm or as a limited partnership,
or as a public limited company, a reciprocal insurance or surety company, a
cooperative or other association or foundation
2) The mentioning in the
trade name of more than one person even if their names are not specified
indicates that the business belongs to persons acting as a firm; the words
"en compagnie" that the business belongs to persons acting
as a firm, or to one or more persons acting as a limited partnership; the word
"maatschappij" (company) that the business belongs to a
public limited company or to an association, and the word
"fonds" (fund) to a foundation
3) The first paragraph is not
applicable, if the tradename is used by one person without partners, and that
name and that business belong to one firm or to one limited partnership which
has not used this tradename in defiance of this decree
Article 5 **)
It shall be forbidden to use
a tradename which has been used by another party legitimately before the
business was run under that name, or which deviates from such tradename only
to a limited extent, all this insofar as with regard to the nature of both
businesses and the place of establishment confusion among the public about the
businesses may be feared as a result thereof
*) This Article is amended by
Article 11 of the "Amendments" laid down by the Royal Decree
of 2 June 1936 (Official Gazette no. 115) and by the government decree of 19
October 1937 (Official Gazette no. 121)
**) This Article is amended
by Article 11 of the Amendments laid down by the Royal Decree of 2 June 1936
(Official Gazette no. 115)
Article 6 *)
1) If a tradename is used in
defiance of this decree any party concerned, without prejudice to his claim
pursuant to Article 1386 and following articles of the Civil Code, can turn to
the cantonal judge of the place where the business, subsidiary or branch
office is established which is run under the illicit tradename, with the
request to sentence those who are using the illicit tradename, the judge
making such provisions therein that the unjustness with respect to the
petitioner is counteracted sentencing the other party also to pay a particular
sum of money as compensation in case of violation of the court order
2) If the business is
established in more than one canton the judge of any of the cantons where the
businesses are established, shall have jurisdiction at the option of the
petitioner. The same applies when the business is established outside
Suriname, and has subsidiaries and branch offices in more than one canton
3) The petition is served to
the other party. The cantonal judge does not pronounce a sentence before
examination or proper summoning of the parties
4) Within 30 days after the
day the cantonal judge has taken a decision, the party who has been put in the
wrong, in whole or in part, can appeal to the Court of Justice which rules
behind closed doors. The third paragraph shall be equally applicable
5) The judge is authorized to
order the provisional execution of his ruling
Article 7 **)
1) He who uses a tradename in
defiance of this decree will be punished with a fine of up to five hundred
guilders
2) The fact shall be
considered a violation
3) If, whilst committing the
violation a period of two years has not expired since a prior conviction of
the guilty party for a similar violation has become irreversible, a sentence
of up to fourteen days in prison could be imposed instead of a fine
4) If the tradename is used
by a firm the violation is considered to have been committed by each of the
partners; if the violation is committed by a limited partnership then it is
considered to have been committed by the managing partner or, if there are
more than one, by each of them; if the violation is committed by a public
limited company, a reciprocal insurance or surety company, a cooperative or
other association or foundation, then it is considered to have been committed
by the members of the board
5) Before proceeding to the
prosecution of the punishable offense the official authorized to issue the
writ informs the Attorney General at the Court of Justice
6) He can notify those who
use the forbidden tradename, of the alteration which he considers necessary to
discontinue the illegal use of the tradename; he shall grant such persons an
appropriate period to make that alteration
7) If the alteration is made
within the fixed period the right to institute criminal proceedings ceases to
exist
8) The aforementioned
official institutes criminal proceedings only after the Attorney General has
informed him that he will not make use of his aforesaid authority or that the
period fixed by him has expired without the alteration having been made
*) This Article is amended by
Article 771 of the Surinamese Code of Civil Procedu re (Official Gazette 1935
no. 80) and the government decree of 19 October 1937 (Official Gazette no.
121) **) This Article is amended by the government decree of 19 October 1937
(Official Gazette )
Article 8
In the first paragraph of
Article 36 of the Code of Commerce the words "heeft geen firma, noch
draagt" (no firm has, nor bears) shall be replaced by:
"draagt niet" (does not bear)
Article 9
(1) By resolutions of 13 June
1946 no. :73) and of 28 February 1948 no. 861a (1948:23) no longer
of significance
Final and transitional
provisions
Article 10
This decree shall be referred
to under the title "Tradename decree", indicating the year
and issue of the Official Gazette in which it shall be published
Article 11
(1) This decree shall become
effective on a date to be specified by the Governor. *)
(2) If upon the entry into
force of this decree a tradename is used in defiance of this decree, no legal
means can be used for that case for a period of four months after that date
(3) In case the term did not
use in defiance of this decree at the end of Articles 3 and 4 concerns the use
of a tradename before the entry into force of this decree, it shall mean: not
in defiance of this decree, if it would have been effective at the time the
tradename was used.
Done in Paramaribo on 13
March 1931 Rutgers
*) Entry into force on 1
January 1932 by Decree of 9 September 1931 no. :66).
APPENDIX 03
Translators note: due to the
limited time allowed for making this translation, it should only be considered
a draft translation, and by no means an official, government approved
translation.
1946 No. 86
OFFICIAL GAZETTE of SURINAME
Resolution of 14 August 1946
No. 2835 determining the publication in the Official Gazette of the acting
text of the Decree of 22 March 1913 (Official Gazette No. 15) containing the
new copyright regulations
THE GOVERNOR OF SURINAME,
Having heard the Procurator
General,
Decides:
To determine that the decree
of 22 March 1913 (Official Gazette No. 15) containing the new copyright
regulations, as it reads after the amendments and supplements were made
curren-tly by State Decree of 2 July 1946 (Official Gazette No. 77), next to
the copy of this resolution, shall be published in the Official Gazette
Paramaribo, 14 August 1946
J.C. Brons
Issued, 16 September 1946
The acting government
secretary
H.K.A. Kleine
Decree of 22 March 1913
(Official Gazette no. 15), containing the new copyright regulations, as it
reads after the amendments and supplements made therein by the (state) decrees
of 29 November 1915 (Official Gazette no. 78), of 3 January 1946 (Official
Gazette no. 2) and of 2 July 1946 (Official Gazette No. 77)
Chapter I
General Provisions
§ The nature of copyright
Article 1
Copyright is the exclusive
right of the maker of a work of literature, science or art, or of his
assignees, to publish such work and to copy it, subject to the limitations
imposed by general decree.(*)Refer to Article 19 of the 1935 Surinamese
Bankruptcy Resolution (Official Gazette no/ 81), Revised Berne Convention
(Official Gazette 1931 no. 77)
Article 2
Copyright is considered to be
a moveable thing. Copyright is transferable by succession, and is eligible for
transfer in whole or in part. Transfer in whole or in part of copyright can
only be effected by means of an authentic instrument or a private instrument.
It contains only those powers of which the transfer is mentioned in the
instrument or which by necessity arise from the nature and scope of the
contract concluded
Copyright which belongs to
the maker of the work, the copyright to unpublished works, which was obtained
by the heir or legatee whom is entitled to same, shall not be eligible for
seizure.
§. The maker of the work
Article 3
In case the maker of the work
of literature, science or art is a married woman, the spouse shall not be
allowed to effect any acts, concerning the copyright to such work, without the
cooperation of the woman
This provision may even not
be derogated from in case of marital community
Article 4
Subject to proof to the
contrary the maker shall be the person who is indicated as such on or in the
work, or in case of absence of such indication, the person who upon
publication of the work is made known as the maker thereof by the person
publishing same
In case at an oral
presentation of a work not published in print or a performance of a work of
music not published in print no statement is made concerning the maker, the
maker shall be considered to be, subject to proof to the contrary, the person
giving the presentation or performing the work of music
Article 5
The maker of a work of
literature, science or art, consisting of separate works of two or more
persons, subject to the copyright of each work separately, shall be considered
to be that person under whose control and supervision the whole work was
accomplished, or in case of absence of such person, that person whose has made
the collection of the various works
Copying or publishing of any
part of the separately included work, to which copyright if applicable, by
another person than the maker thereof or his assignees shall be considered to
constitute an infringement of the copyright of the complete work, Copying or
publishing of a separate work included in such collection by the maker thereof
or his assignees shall be considered to constitute an infringement of the
copyright of the complete work if such separate work was not previously
published, unless otherwise agreed between the parties, if the work of which
it is a part is not mentioned
Article 6
If a work is accomplished
according to the design of another person, as well as un-der his control and
supervision, the person shall be considered as the maker of such work
Article 7
In case work done in the
employment of another person consists of making certain works of literature,
science or art, unless otherwise agreed between the parties, the maker of such
works shall be considered to be the persons in whose employment such works
were made
Article 8
In case a public institution,
an association, foundation or company publishes a work as originating from it,
without indicating any natural person as the maker, it shall be considered to
the maker of such work, unless it can be proven that the publication under
aforementioned circumstances was unlawful
Article 9
In case the maker is not
indicated on any printed publication, or not with his real name, the copyright
towards third parties may be exercised for the benefit of the right holder by
the person who is indicated on or in such work as the publisher thereof, or in
case of absence of such indication by the person who is indicated on such work
as the printer thereof
§. Copyright works
Article 10
Works of literature, science
or art means for the purposes of this decree:
1. books, brochures, news
papers, magazines and all other writings;
2. theatre plays and
musicals;
3. oral presentations;
4. choreographies and
pantomimes of which the performance has been laid down in writing or
otherwise;
5. works of music with or
without words;
6. drawings, paintings,
constructions and sculptures, lithographs, engravings and other plate works;
7. geographical names;
8. designs, sketches and
plastic arts works in respect of construction engineering, geography,
topography or other sciences;
9. photographic works and
cinematographic works and works made according to similar working methods;
10. works of art applied to
industry; and in general any product in the field of literature, science or
art which may be reproduced in any manner or in any form whatsoever
Translations, adaptations
musical arrangements, and other reproductions in changed form of a work of
literature, science or art, as well as collections of various works shall be
protected as independent works, without prejudice to the copyright of the
original work
Article 11
There shall be no copyright
on laws, resolutions and decrees issued by the public authorities, nor on
judicial pronouncements and administrative resolutions
There shall neither be
copyright on any publications by or on behalf of the public authorities,
unless such right shall be reserved either in general by law, resolution or
decree, or in any specific case by means of an indication on the work itself
or upon the publication thereof Publication
Article 12
The publication of a work of
literature, science or art shall mean:
1. the publication of a
reproduction of the work in whole or in part;
2. the distribution of the
work or a reproduction thereof in whole or in part, as long as it has not
appeared in print;
3. the oral presentation,
staging or performance or public presentation of a work or a reproduction
thereof in whole or in part
An oral presentation, staging
or performance or public presentation shall also include a private circle
which is accessible against payment even if such payment is made in the form
of a membership fee or in any other manner. The same holds for a public
exhibition.
§ Reproduction
Article 13
The reproduction of a work of
literature, science or art shall also include the translation, the musical
arrangement or stage adaptation, and in general any adaptation or imitation in
changed form in whole or in part, which is not to be taken as a new, original
work
Article 14
The reproduction of a work
which can be perceived by means of the hearing shall also include the
manufacture of rolls, records and other devices which are intended for the
performance of the work in whole or in part by mechanical means
§ Limitations of the
copyright
Article 15 x)
An infringement of the
copyright of a newspaper or magazine shall not include taking over articles,
messages or other writings, with the exclusion of novels and short stories,
without the authorization of the maker or his assignees by another newspaper
or magazine, provided that the newspaper or magazine from which it was taken
over is mentioned clearly, and unless the copyright is expressly reserved. In
case of magazines it will be sufficient if this reservation of rights is
included in the heading of the issue in a general wording
With regard to articles,
political issues concerning news articles and mixed articles, a reservation
may be made
The right to take over as
intended in the previous paragraph exists with regard to foreign newspapers
and magazines only if news articles, mixed articles or current articles on
economics, politics or religion are concerned; the last phrase of the previous
paragraph shall not be applicable for the purposes hereof regarding articles
on political issues
Article 16 x)
An infringement of the
copyright on a published work of literature, science or art shall not include
the quotation of several short parts thereof or of several short statements or
poems in anthologies or other works intended for education or another
scientific goal, as well as in notices and reviews in newspapers and
magazines, provided that the source is indicated as well as the maker of the
part, statement or poem, or the notice or review quoted, for as far as this is
indicated on or in the work. This provision is also applicable to quotations
in another language than the language of the original. The governor may
further determine by decree, what should be considered to be several short
quotations, and several short statements or poems, as intended in the first
phrase
In case work is intended, as
indicated in Article 10 subparagraph 60, the complete work may be copied in
the same circumstances and under the same conditions, provided that such
reproduction by its size or the working method according to which it is
manufactured, shows a significant difference with the original work; when of
such works two or more have been jointly published, the reproduction shall
only be allowed for one of them
Of a public oral
presentation, which has not been published previously in print, the factual
content may be published as a report in a newspaper article or magazine,
provided that the person who has presented the presentation is mentioned
x) Changed by Official
Gazette 1946 no. 2
Article 17
An infringement of the
copyright of a work of literature, science or art shall not include the
copying, which remains limited to several copies and is used exclusively for
the own exercise, study or use, and which where a work is involved, as
intended in article 10 subparagraph 6o, by its size or the working method
according to which it has been manufactured shows a clear difference with the
original work. This provision shall not apply to the reconstruction of
buildings,
Article 17bis x)
The governor shall be
entitled to further regulate by decree the exercise of the right by the maker
of a work of literature, science or art with regard to the publication of the
work by radio broadcasting, for that purpose, the moral rights of the maker
shall be respected, and his right to a fair compensation, in case such
publication is allowed without his consent, shall be recognized
Article 18
An infringement of the
copyright on a work as intended in Article 10 subparagraph 60, which is
permanently displayed on or at the public road shall not include the copying
which by its size or the working method according to which it is manufactured
shows a significant difference with the original work, and in case of
buildings, is restricted to the exterior thereof
x) Inserted by Official
Gazette 1946 no. 1
Article 19
An infringement on the
copyright of a portrait shall not include the reproduction thereof by, or on
behalf of the person whose portrait was taken or, after his/her death, his/her
next of kin
If one image contains the
portrait of two or more persons, then the reproduction of same shall be free
with regard to other portraits then his/her own only with the approval of
those other persons, or, during ten years after their death, of their next of
kin
Next of kin means the
parents, the spouse and the children
With regard to a photographic
portrait an infringement of the copyright shall also not include the
publication thereof in a newspaper or magazine by or with the approval of one
of the persons, mentioned in the first indent, provided that the name of the
maker, for as far as this name is indicated on the portrait, is mentioned
This article is only
applicable with regard to portraits which are made pursuant to an assignment
by or in respect of the persons whose portraits are made, or for their benefit
given to the maker
Article 20
Unless otherwise agreed, the
person to whom the copyright of a portrait belongs, shall not be authorized to
publish this without the approval of the person of whom the portrait is made,
or during ten years after his/her death, of his/her next of kin
In case one picture contains
the portrait of two or more persons, then with regard to the complete picture
the approval shall be required of all persons of whom the portrait appears in
the picture or, during ten years after their death, of their next of kin
The third and last indent of
the previous article shall be applicable
Article 21
In case a portrait has been
made without an assignment thereto, the maker by or on behalf of the person of
whom a portrait is taken, or for the benefit of him/her, the publication
thereof by the person who has the copyright thereon shall not be permitted,
insofar as a reasonable interest of the persons of whom the portrait was made
or, after his/her death, of one of his/her next of kin or family in law up to
second degree, directly or indirectly, or of his/her spouse shall oppose such
publication
Article 22
In the interest of public
safety, as well as for the investigation of punishable offenses, the judiciary
shall be allowed to reproduce, post and distribute pictures of any nature
whatsoever by itself or on its behalf
Article 23
Unless otherwise agreed the
owner of a drawing, painting, building, or sculpture or of any work of art
applied to industry shall be entitled to have such work exhibited in public
without the consent of the person who has the copyright thereon, or to have it
reproduced in a catalogue for the purpose of selling same
Article 24
Unless otherwise agreed the
maker of any painting, notwithstanding the transfer of his/her copyright,
shall be entitled to make similar paintings
Article 25
No alteration shall be made
to any work, mentioned in Article 10 subparagraphs 1o to 9o, without the
consent of the person who has the copyright thereon. In case the maker has
transferred his copyright, his/her consent shall nevertheless be required
during his/her life
A similar provision shall
apply with regard to the name of the word and the indication of the maker,
insofar as these occur on or in the work. In case a work is made public,
however, under another name than the real name of the maker, then the person
who has the copyright thereon, shall after the death of the maker be entitled
to indicate the real name of the maker on or in the work, if the latter has
authorized him/her to do so
The provisions of the first
indent shall not be applicable to alterations of such nature that the maker or
his/her successors in title in good faith could not refuse their consent
thereto. The maker also maintains, even if he/she has transferred his/her
copyright, the authority to make such alterations to the work as shall be
allowed to him/her in good faith according to social rules
CHAPTER II The enforcement of
copyright and provisions of penal law
Article 26
If more than two persons have
a joint copyright to the same work, the exercise and enforcement of such right
shall be effected either by all rightholders jointly, or on their behalf by
the person who has been designated thereto by the rightholders in mutual
consent, or failing such agreement, at the request of either party involved,
by the chief justice of the court of justice
The rightholders shall be
entitled by mutual consent to put aside the person appointed by the chief
justice or to have him/her replaced by someone else
Article 27
Notwithstanding the transfer,
in whole or in part, of the copyright the maker shall maintain his right to
take legal action to obtain compensation from the person who has infringed the
copyright
Article 28 *)
Copyright grants the
authority to seize objects, made public in defiance of such right, as well as
unauthorized reproductions, in the manner and pursuant to the provisions laid
down for the seizure to revindicate moveable property, or to claim same as
his/her property, or to demand the destruction or making unusable of same.
Equal authority to seize and claim shall apply with regard to the amount of
entry fees paid for attending a recitation, a performance, or an exhibition or
staging so that the copyright is being infringed
In case the handing over is
claimed of things, as intended in the first indent, the judge can order that
such handing over shall not be effected unless it is done upon a specified
payment of a sum to be paid by the claimant
Both previous indents of this
article shall be exclusively applicable to moveable property, and to things
which by their purpose shall be considered to be immoveable property
With regard to immoveable
property other than those referred to in the previous indent, by means of
which copyright is infringed, the judge may at the request of the rightholder
order that the defendant shall make such alterations that the infringement of
the copyright shall become void in addition to the payment of a certain amount
of money as compensation in case the judicial order is not met within a
specified period
All this without prejudice to
the institution of criminal proceedings as a result of the infringement of
copyright and the civil proceedings to obtain damages
*) Cf. Article 585 of the
Suriname Code of Civil Procedure (Official Gazette 1935, no. 80)
Article 29
The right, indicated in the
first indent of the previous article, cannot be exercised with regard to
objects, in the ownership of persons, who do not trade in similar objects and
who have obtained such objects exclusively for own use, unless they themselves
have infringed the copyright involved
The claim, intended in the
fourth indent of the previous article, can only be instituted against the
owner or possessor of the immoveable property who is guilty of infringing the
copyright involved
Article 30
In case a person makes a
portrait public without having the authority to do so, the same provisions
shall apply with regard to the right of the person of whom the portrait was
taken as laid down in Articles 28 and 29 with regard to copyright
Article 30 bis.x)
For providing mediation as a
business in respect of musical copyright, whether or not with the aim of
making a profit, the approval shall be required of the Governor
The provision of mediation in
respect of musical copyright means whether or not under their own name, the
conclusion or execution of agreements for the makers of musical works or their
successors in title concerning the public performance of those works, or their
reproduction, in whole or in part
The performance of musical
works shall be equal to the performance of dramatico-musical works,
choreographic works and pantomimes, and their reproductions, if these are
being broadcast without being shown
Agreements as intended in the
second indent, which have been concluded without having obtained the approval
required pursuant to the first indent shall be void
By decision of the Governor
further provisions shall be given which shall involve the exercise of the
supervision on the person who has obtained the required approval. The costs
for such supervision can be charged to the account of such person
*) Inserted by Official
Gazette 1946 no. 2
Article 31 x)
He/she who on purpose
infringes the copyright of someone else shall be liable to pay a fine ranging
from fifty cents to five thousand guilders
Article 32 x)
He/she who distributes or
openly sells a work through which he/she infringes the copyright of someone
else, shall be liable to pay a fine ranging from fifty cents to two thousand
guilders
Article 33 x)
The punishable offenses
described in the two previous articles shall only be prosecuted upon a claim
of the maker of the work or of the person who is authorized to enforce the
copyright or in case two or more person are authorized, of one of them
Article 34 x)
He/she who on purpose
illegally makes an alteration to the title or to the indication of the maker
of any literary work, scientific work or artistic work shall be liable to pay
a fine ranging from fifty cents to five thousand guilders
The work can, in case it
belongs to the person prosecuted, be seized
The punishable offense shall
only be prosecuted upon a claim of the maker of the work or of the person who
is entitled to the copyright thereon
x) Maintained by Official
Gazette 1915 no. 78
Article 35 xx)
A jail sentence ranging from
one day to two years or a fine ranging from fifty cents to five thousand
guilders shall apply to: 10o. the person who on or in a literary work,
scientific work or artistic or industrial work places illegally any name or
any sign, or who forges the real name or the real sign, with a view to making
it plausible that the work is made by the person of whom he has indicated the
name or sign thereon or therein; 2o. the person who on purpose sells or offers
for sale, delivers, or has in stock to sell or imports into Suriname a
literary work, scientific work, or artistic or industrial work on or in which
illegally any name or sign has been placed, or in or on which the real name or
real sign has been forged, as if such work is made by the person of whom the
name or sign has been illegally applied thereon or therein
The work can, if it belongs
to the person prosecuted, be seized
xx) Maintained and changed by
Official Gazette 1915 no. 78 and Official Gazette 1946 no. 77
Article 36 *)
The person who without being
authorized thereto publicly exhibits or publishes in any other manner a
portrait shall be liable to pay a fine ranging from fifty cents to two hundred
guilders
*) Changed by Official
Gazette 1915 no. 78
Article 36bis **)
The person who, without
having obtained the required approval of the Governor, performs actions which
belong to the conducting of a business as intended in Article 30bis, shall be
liable to pay a fine of at most thousand guilders
The action shall be
considered a civil offense
**) Inserted by Official
Gazette 1946 no. 2. The punishable offenses in Articles 31 to 35 and 37 to be
considered penal offenses, Article 36 as a civil offense pursuant to Official
Gazette 1915 no. 78
Article 37 ***)
The reproductions seized upon
the order of the judge in the penal proceedings shall be destroyed; however,
the judge may determine by judicial order that they shall be handed over to
the person who has the copyright thereon, if the latter shall report to the
office of the clerk of the court within one month after the judgment has
authority of res judicata
Upon the handing over the
ownership of the reproductions shall be transferred to the rightholders. The
judge may order that such handing over shall only be effected against the
payment of a specified sum by the rightholder, which shall be for the benefit
of the government
CHAPTER III The duration of
the copyright
Article 38
The copyright shall expire
after 50 years to be calculated from the day of the death of the maker of the
work, without prejudice to the provisions of the following articles of this
chapter
The duration of the joint
copyright to one work of two or more persons as the joint makers thereof shall
be calculated as from the day of the death of the one of them of has lived the
longest
Article 39
The copyright on an article
on or in which the maker is not indicated, or not in such manner that his real
name is known, shall expire at the end of 50 years to be calculated as from
the last day of the calendar year in which the first publication of the work
by or on behalf of the rightholder has taken place
The same shall apply with
regard to works of which pursuant to Article 7 or Article 8 the maker shall be
considered to be a public institution, an association, a foundation or
company, as well as with regard to works which have been published for the
first time after the death of the maker
Article 40
(Revoked by Official Gazette
1946 no. 2)
Article 41
The copyright on photographic
and cinematographic works as well as on works which were made according to
similar working methods shall expire after 50 years to be calculated as from
the last day of the calendar year in which the first publication of the work
took place by or on behalf of the rightholder
Article 42 *)
For the application of the
provisions of Articles 39 and 41 the works published by issues or episodes
shall be considered to have been published only upon the publication of the
last issue or episode
With regard to works composed
of two or more parts, issues or papers which were printed at different times,
as well as with regard to reports and bulletins issued by guilds or by private
persons, each part, issue, paper or report or bulletin shall be considered to
be a separate work
*) Changed by Official
Gazette 1946 no. 2
Article 43
In deviation from the
provisions of this chapter in Suriname it shall not be possible to claim
copyright on a work of which the term has already expired in the country of
origin of the work
CHAPTER IV Transitional and
final provisions
Article 44
Upon the entering into force
of this decree the Royal decree of 11 May 1883 no. 39 (Official Gazette no.
11), containing the regulations concerning the copyright in the colony of
Suriname, shall become void
Article 11 of this decree
shall, however, remain effective with regard to works and translation,
submitted before the time specified
Article 45
This decree shall be
applicable to all literary, scientific or artistic works which either before
or after its entry into force were published in Suriname for the first time by
or on behalf of the maker, as well as on all such unpublished works of which
the makers are Dutch or other Dutch subjects, or residents of Suriname
For the purposes of this
article a work is published when it appears in print, or in general when
reproductions thereof have been made public; the performance of a play or
dramatic-musical work, the performance of a musical work, the exhibition of an
artistic work, and the construction of a work of architecture shall not be
considered a publication in that sense
In deviation from the first
indent no rights and powers can be exercised with regard to the enforcement of
copyright in respect of facts which on the time they took place, neither
pursuant to general decree nor pursuant to any agreement, were illegal
Article 46
This decree does not
recognize copyright on works on which the copyright at the time of the entry
into force, pursuant to one of the Articles 13 and 14 of the Royal decree of
11 May 1883 no. 39 (Official Gazette no. 11) containing the regulations
concerning the copyright in the colony of Suriname, had expired
Article 47
The copyright obtained
pursuant to the Royal decree of 11 May 1883 no. 39 (Official Gazette no. 11)
containing the regulations concerning copyright in the colony of Suriname
shall remain effective after the entry of into force of this decree
Article 48
The person who before the
first of March 1913 did not act contrary to the provisions of the Royal decree
of 11 May 1883 no. 39 (Official Gazette no. 11) containing regulations
concerning copyright in the colony of Suriname, either published a
reproduction of a literary, scientific or artistic work, or in public made a
presentation, or has performed, staged, exhibited or displayed a literary,
scientific or artistic work, or any reproduction thereof, does not loose such
authorization by the entry into force of this decree to distribute and sell
the reproductions made public before that date, or to make the same public
presentations, performances or stagings, exhibitions or displays
This article shall remain
effective for two years after the effective date of this decree
Article 49
All instruments and documents
concerning the transfer of copyright in whole or in part or concerning the
license to exercise any power belonging to the copyright which are drafted by
the rightholder and the successor or by their legal representatives jointly or
each separately, either by private instrument, or before a public official,
without the cooperation of third parties, shall be free from stamp duty. For
the purposes of this article third parties shall not include the spouses of
the parties, in case they are married women, and these spouses give their
assistance in obtaining the instrument
Article 50
This decree shall be referred
to with the title of "1913 Copyright decree"
Article 51
This decree shall enter into
force on the day it is published
Done in Paramaribo, 22 March
1913 VAN ASBECK
The government secretary,
L.J. RIETBERG
Published on 28 March 1913
The Government secretary L.J. RIETBERG
