Industrial Designs Law in Vanuatu
Vanuatu's legal framework for the protection of industrial designs is governed by the Designs Act No. 3 of 2003, administered by the Vanuatu Intellectual Property Office (VANIPO). This Act provides the legal basis for the registration, protection, and enforcement of industrial designs within the country.
Key Features of the Designs Act No. 3 of 2003
1. Definition of a Design
A design in Vanuatu is defined as the three-dimensional features of a shape or configuration, or the two-dimensional features of a pattern or ornamentation, that can be applied to an article. These features must be capable of being judged by the eye in the finished article.
2. Conditions for Registration
To be eligible for registration, a design must be:
New and Original: The design must not have been previously disclosed to the public.
Not a Mere Adaptation: The design should not differ only in immaterial details or in features commonly used in the relevant trade from a design that was registered, published, or used in Vanuatu for the same article before the priority date for the application for registration.
Not Primarily Literary or Artistic: The design should not be primarily literary or artistic in character. (
3. Rights Conferred by Registration
Upon successful registration, the owner of the design is granted exclusive rights to:
Use the design; and
Authorize other persons to use the design.
These rights are effective from the date of registration
4. Duration and Renewal
The protection period for a registered design is 10 years, with the possibility of renewal for further periods. This encourages long-term protection for innovative designs.
5. Application Process
The application process involves submitting the necessary forms and documents to VANIPO. Applicants can access and download the required forms from the official VANIPO website.
6. International Conventions
Vanuatu is a member of various international and regional organizations, including the World Intellectual Property Organization (WIPO) and the Pacific Islands Forum. This membership allows Vanuatu to align its IP laws with global standards and provides additional protection for IP rights holders through international cooperation.
Conclusion
Vanuatu offers a structured and efficient system for the protection of industrial designs, providing designers with exclusive rights to their creations. The Designs Act No. 3 of 2003, along with Vanuatu's international commitments, ensures that designers can safeguard their innovations both domestically and internationally.
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