Geographical Indications Law in Papua New Guinea
Geographical Indications (GIs) Law in Papua New Guinea
1. Legal Framework
Papua New Guinea (PNG) does not yet have a dedicated national law specifically for the protection of Geographical Indications (GIs). However, GI protection is provided under the Patents and Industrial Designs Act 2000, which includes provisions for the protection of industrial property rights, including patents, industrial designs, and GIs. This Act serves as the legal basis for GI protection in PNG.
2. Current Status and Developments
Draft GI Bill: The Intellectual Property Office of Papua New Guinea (IPOPNG), under the Investment Promotion Authority (IPA), has developed a Draft GI Bill. Consultations with stakeholders are underway to seek their views on the draft Bill.
EU-STREIT PNG Program: Since 2021, IPOPNG has been working with the EU-funded program "Support to Rural Entrepreneurship, Investment, and Trade in Papua New Guinea" (EU-STREIT PNG) to develop a GI system in PNG. The program aims to enhance the visibility and marketability of local products on the international stage.
3. Protection Mechanism
Under the existing legal framework, GIs in PNG can be protected through:
Certification Marks: These marks certify that goods possess certain qualities or enjoy a certain reputation due to their geographical origin.
Collective Marks: These marks are used by the members of a collective group, such as an association, to distinguish their goods or services.
4. International Obligations
WTO Membership: PNG 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: PNG is also a member of the World Intellectual Property Organization (WIPO), which provides a platform for international cooperation on intellectual property matters, including GIs.
5. Practical Considerations
Application Process: To register a certification or collective mark in PNG, 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.
Enforcement: Once registered, certification and collective marks are protected under PNG's trademark laws, and unauthorized use can lead to legal action.
6. Summary
| Aspect | Status in Papua New Guinea |
|---|---|
| Dedicated GI Law | No (protection via Patents and Industrial Designs Act 2000) |
| Protection Mechanism | Certification and collective 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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