Geographical Indications Law in Nauru
Geographical Indications (GIs) Law in Nauru
1. Legal Framework for GIs
Nauru does not have a dedicated law specifically for the protection of Geographical Indications (GIs). However, GI protection is provided under the Trademarks Act 2019, which allows for the registration of GIs as certification marks. This Act, which came into force on 10 November 2020, provides a framework for trademark registration and protection in Nauru. (AJ Park)
2. Protection Mechanism
Certification Marks: Under the Trademarks Act, producers can register a certification mark that indicates a product's geographical origin. This approach allows groups of producers to collectively protect and market products linked to a specific region.
No Separate GI Registry: There is no separate GI registry in Nauru; GI protection is integrated into the existing trademark system.
3. International Obligations
WTO Membership: Nauru is a member of the World Trade Organization (WTO) and is bound by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which requires member states to provide legal means for the protection of GIs.
WIPO Membership: Nauru is also a member of the World Intellectual Property Organization (WIPO), which provides a platform for international cooperation on intellectual property matters, including GIs.
4. Practical Considerations
Application Process: To register a certification mark in Nauru, applicants must submit a signed application, a declaration of use or intent to use the mark, and translations or transliterations if non-English words are used. Each application is subject to a 21-day opposition period. (AJ Park)
Enforcement: Once registered, certification marks are protected under Nauru's trademark laws, and unauthorized use can lead to legal action.
5. Summary
| Aspect | Status in Nauru |
|---|---|
| Dedicated GI Law | No (protection via Trademarks Act 2019) |
| Protection Mechanism | Certification marks under trademark law |
| Separate GI Registry | No (integrated into trademark system) |
| WTO/TRIPS Membership | Yes |
| WIPO Membership | Yes |
| Enforcement | Through trademark infringement provisions |
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