Geographical Indications Law in Vanuatu
Here’s an overview of Geographical Indications (GI) law in Vanuatu:
🇻🇺 Geographical Indications Law in Vanuatu
1. Legal Framework
Vanuatu’s protection of Geographical Indications is governed mainly by its Trade Marks Act [CAP 234], which allows for registration of certification marks and collective marks that can protect GIs.
There is no specific standalone GI law, but trademark law provides a basis for GI protection.
Vanuatu is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement, which mandates protection for GIs.
2. Types of Protection
GIs in Vanuatu can be protected through:
Certification Marks: Used to certify goods originating from a particular geographic area.
Collective Marks: Used by a group or association of producers from a geographic region.
3. Registration Process
Applications for certification or collective marks are submitted to the Vanuatu Intellectual Property Office.
The applicant must provide:
Proof of link between product and geographic area.
Regulations governing the use of the mark.
After examination and publication, the mark may be registered if no opposition arises.
4. Enforcement
Registered marks are protected under Vanuatu’s Trade Marks Act.
Unauthorized use or imitation can be challenged through administrative or judicial procedures.
Penalties may include injunctions, damages, or confiscation.
5. International Agreements
Vanuatu is a member of:
World Trade Organization (WTO) — complying with TRIPS.
Other IP-related treaties providing a framework for protection and enforcement.
6. Examples
Vanuatu’s unique agricultural products like kava and coconut products may be protected under GI through certification or collective marks.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Trade Marks Act [CAP 234] |
| Administering Body | Vanuatu Intellectual Property Office |
| Types of Protection | Certification marks, collective marks |
| Registration Process | Application → Examination → Publication → Registration |
| Enforcement | Administrative and judicial enforcement |
| International Treaties | WTO/TRIPS |
| Examples | Kava, coconut products |
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