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 (1980-1987) 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 500.00)1. 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 Suriname’s 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 country’s 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 Convention’s 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 world’s 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 People’s 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 Health’s 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 manufacturer’s 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 manufacturer’s 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 manufacturer’s 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. 1862 (1946:73) 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. 2954 (1931:66).

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