Industrial Designs Law in Tokelau (NZ)
Tokelau, a New Zealand territory in the South Pacific, does not have its own distinct industrial design legislation. Instead, it is subject to New Zealand's intellectual property laws, including those concerning industrial designs.
🏛️ Legal Framework
Tokelau operates under the Tokelau Act 1948, which incorporates Tokelau as part of New Zealand and provides for its governance. This Act, administered by New Zealand's Ministry of Foreign Affairs and Trade, ensures that Tokelau is subject to New Zealand's laws, including those related to intellectual property.
As a result, Tokelau adheres to New Zealand's Designs Act 1953, which governs the protection of industrial designs in New Zealand.
🖌️ What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of a product, encompassing its shape, configuration, pattern, or ornamentation. Protection is granted to designs that are new and have individual character, distinguishing them from existing designs.
✅ Eligibility for Protection
To qualify for protection under New Zealand's Designs Act 1953, an industrial design must:
Be new: An identical design has not been made available to the public before the filing date.
Have individual character: The overall impression produced on the informed user differs from that produced by any design previously made available to the public.
Designs that are solely dictated by technical function, must be reproduced in exact form and dimensions to permit mechanical connection, or are contrary to public order or morality are not eligible for protection.
📝 Application Process
To register an industrial design in Tokelau:
Prepare the Application: Submit the following to New Zealand's Intellectual Property Office (IPONZ):
A completed application form.
Photographs or graphic representations of each appearance of the article.
Proof of payment of the application fee.
Power of attorney if filed through an agent.
Formalities Examination: IPONZ examines whether the application complies with formal requirements.(New Zealand Legislation)
Substantive Examination: IPONZ assesses whether the design can be registered, excluding novelty and individual character, which must be proven in court if disputed.
Publication and Registration: If the design meets all requirements, it is registered and published in the Industrial Property Bulletin.
Applications can be filed electronically or on paper. A 20% fee reduction applies for electronic submissions.
⏳ Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: Protection can be renewed every 5 years, up to a total of 25 years.
A grace period of 6 months is available for late renewal.
🌍 International Protection
Tokelau is a member of the Hague Agreement Concerning the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This allows applicants to seek protection for their industrial designs in multiple countries through a single international application filed with WIPO.
📌 Practical Information
Language: Application documents must be submitted in English.
Representation: Non-residents must appoint a local representative to file applications.
Processing Time: The average processing time for design registration is approximately 2 to 6 months, with an accelerated procedure available within 45 days under certain conditions.
RELATED Blog
0 comments