Industrial Designs Law in Solomon Islands
Here’s an overview of Industrial Designs Law in the Solomon Islands:
Industrial Designs Law in the Solomon Islands
1. Legal Framework
Industrial designs in the Solomon Islands are governed by the Industrial Property Act, originally enacted in 1998.
The Intellectual Property Office of Solomon Islands (IPOSI) administers industrial design registrations.
The Solomon Islands is a member of the World Intellectual Property Organization (WIPO) and a party to international treaties including the Paris Convention and the TRIPS Agreement.
2. Definition and Protection
An industrial design protects the appearance of a product or part of a product—this includes features like lines, contours, colors, shape, texture, or materials.
To be eligible for protection, the design must be:
New — not previously disclosed publicly before the filing date.
Have individual character — it must differ in overall impression from existing designs.
3. Registration Procedure
Applications for industrial design registration are submitted to the Intellectual Property Office of Solomon Islands.
The application must include representations of the design (drawings or photos).
The office conducts a formal examination, checking that all paperwork is complete; there is no substantive examination of novelty or originality.
Upon registration, the design owner gains exclusive rights in the Solomon Islands.
4. Term of Protection
The initial term of protection is 5 years from the filing date.
Protection can be renewed once, for an additional 5 years, making the maximum term 10 years.
5. Rights Conferred
The owner of a registered industrial design has the exclusive right to use and authorize others to use the design.
Unauthorized use by third parties can be challenged legally.
6. International Treaties
The Solomon Islands is a member of:
Paris Convention for the Protection of Industrial Property
TRIPS Agreement
It is not a member of the Hague Agreement on international design registrations.
7. Enforcement
Infringement cases are handled by the Solomon Islands courts.
Remedies include injunctions, damages, and orders to seize or destroy infringing goods.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Industrial Property Act (1998) |
| Registration Authority | Intellectual Property Office of Solomon Islands (IPOSI) |
| Examination | Formal only |
| Protection Term | 5 years + 5 years renewal (max 10 years) |
| International Treaties | Paris Convention, TRIPS |
| Hague Agreement Member? | No |
| Enforcement | Courts; injunctions, damages, seizure |
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