Industrial Designs Law in Tuvalu
In Tuvalu, industrial design protection is governed by the United Kingdom Designs Protection Act (Chapter 40.68, Revised Edition 2008). This Act extends the protection of designs registered in the United Kingdom to Tuvalu, granting the same rights and privileges as if the registration had been issued with an extension to Tuvalu. The Act was commenced on April 6, 1937, and is currently in force
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.
✅ Requirements for Protection
To be eligible for protection in Tuvalu, an industrial design must:
Be Registered in the United Kingdom: The design must be registered under the United Kingdom's Registered Designs Acts 1949 to 1961 or any Act amending or substituting those Acts.
Not Contravene Public Order or Morality: Designs that are contrary to public policy or morality are excluded from protection.
📝 Registration Process
There is no independent registration system for industrial designs in Tuvalu. Instead, a design registered in the United Kingdom automatically extends protection to Tuvalu. The registered proprietor enjoys the same privileges and rights in Tuvalu as if the certificate of registration had been issued with an extension to Tuvalu .
⏳ Duration and Renewal
The duration of protection in Tuvalu corresponds to the duration of the United Kingdom registration. If the UK registration is renewed, the protection in Tuvalu remains in force. However, if the UK registration expires or is cancelled, the protection in Tuvalu also ceases
🌐 International Protection
Tuvalu is not a member of the Hague Agreement Concerning the International Registration of Industrial Designs. Therefore, designs registered in Tuvalu cannot be protected through the Hague System. Protection in Tuvalu is solely based on UK registrations
⚖️ Enforcement and Legal Recourse
Design rights holders can enforce their rights in Tuvalu through:
Civil Actions: Pursuing legal action in Tuvalu's courts for infringement and seeking remedies such as injunctions and damages.
High Court Declarations: The High Court has the power to declare that exclusive privileges and rights in a design have not been acquired in Tuvalu under the provisions of the Act, upon application by any person who alleges that their interests have been prejudicially affected
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