Industrial Designs Law in Kiribati
Certainly! Here's an overview of the Industrial Designs Law in Kiribati:
Industrial Designs Law in Kiribati
Legal Framework
Kiribati’s industrial design protection is governed by the Kiribati Intellectual Property Office (KIPO) under the Industrial Property Act.
The legal framework is still developing, and Kiribati relies heavily on regional and international treaties for industrial design protection.
Kiribati is a member of the World Intellectual Property Organization (WIPO) and participates in certain regional IP agreements.
What is an Industrial Design?
An industrial design protects the appearance or aesthetic features of a product.
This includes shapes, patterns, colors, lines, or ornamentation that give a product its unique look.
The protection applies only to the visual, non-functional aspects of the product.
Key Provisions
Definition:
Industrial design means the features of shape, configuration, pattern, or ornamentation applied to a product that determine its appearance.
Registration Authority:
The Kiribati Intellectual Property Office (KIPO) is responsible for design registration and management.
Eligibility:
Designs must be new and original.
The design should not have been made available to the public before the filing date.
Registration Process:
Applications must include clear representations (drawings or photos) of the design.
The office performs formal examination.
Once registered, a certificate is issued.
Duration of Protection:
Protection typically lasts for 5 years from the date of filing.
It may be renewable for additional periods, often up to a total of 15 years.
Rights Conferred:
Exclusive rights to use and prevent unauthorized copying or use.
Rights may be transferred or licensed.
International Treaties and Regional Agreements
Kiribati is a member of the Paris Convention for the Protection of Industrial Property.
It also participates in the WIPO-administered Hague System for international design registration.
As a Pacific island nation, Kiribati benefits from regional cooperation in IP via organizations like the Pacific Islands Forum and Pacific Intellectual Property Office (PIPO) (though PIPO mainly covers trademarks and patents).
Enforcement
Enforcement of industrial design rights is carried out through Kiribati’s legal system.
Remedies for infringement include injunctions, damages, and seizure of infringing goods.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Act |
| Registration Authority | Kiribati Intellectual Property Office (KIPO) |
| Protection Duration | 5 years, renewable up to 15 years |
| Examination Type | Formal examination |
| International Treaties | Paris Convention, Hague Agreement |
| Rights Conferred | Exclusive rights to use and prevent infringement |
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