Industrial Designs Law in French Polynesia (France)
French Polynesia is an overseas collectivity of France, so its industrial designs law is governed by French law and the European Union intellectual property framework (to the extent applicable).
Here’s an overview of Industrial Designs Law in French Polynesia:
Legal Framework
French Polynesia falls under the French Intellectual Property Code (Code de la propriété intellectuelle) for industrial designs.
As part of France, industrial designs protection is available through:
National French registration via the Institut National de la Propriété Industrielle (INPI).
European Union Community Design Regulation (EC) No 6/2002) — but EU law generally does not directly apply to French overseas collectivities like French Polynesia because they are outside the EU customs territory. So, Community Design protection usually does not cover French Polynesia.
Protection in French Polynesia is primarily through French national law and registrations.
What is an Industrial Design?
Protects the appearance of the product or part of it.
Includes lines, contours, colors, shape, texture, materials, or ornamentation.
Must be new and have an individual character.
Protection Types
Registered Design:
Registered with INPI in France.
Provides exclusive rights within France and its territories, including French Polynesia.
Protection lasts 5 years from filing, renewable every 5 years, up to 25 years total.
Unregistered Design:
Limited automatic protection applies mainly within the EU, so generally not applicable in French Polynesia.
Registration Process
File an application with INPI, including drawings or photos showing the design.
Specify the products to which the design applies.
Pay applicable fees.
INPI performs formal examination and grants registration if requirements are met.
Rights and Enforcement
Rights include exclusive use and prevention of unauthorized use for commercial purposes.
Enforcement through French courts, applicable in French Polynesia.
Remedies include injunctions, damages, and seizure of infringing goods.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | French Intellectual Property Code |
| Registration Authority | INPI (France) |
| Protection Duration | 5 years, renewable up to 25 years |
| Protection Scope | Appearance only |
| Unregistered Design | Generally no protection in French Polynesia |
| Jurisdiction | Valid in French Polynesia as part of France |
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