New Trademark Act for the Netherlands Antilles In Force as of January 1, 2001

Important changes include:

• Trademark rights no longer originate from the first use of a trademark, but rather from the first registration.

• The definition of a mark has been broadened: all signs or tokens to distinguish goods or services of a company or person, colors, sounds, and in certain cases, shapes (i.e., a bottle).

• Service Marks are now registrable.

• Required minimum use: non-use for more than 5 years may result in cancellation.

• Registrations are valid for periods of 10 years.

• All present rights to trademarks, whether presently registered or not must be confirmed by a new or confirmation registration within one year after January 1, 2001. Failure to do so will result in loss of trademark rights.