Intellectual Property Laws at Micronesia
The Federated States of Micronesia (FSM) does not have a comprehensive, standalone intellectual property (IP) legal framework. Instead, the FSM relies on the Compact of Free Association (COFA) with the United States, which provides for the application of U.S. federal law in certain areas, including IP rights.
๐๏ธ Legal Framework
Under the COFA, U.S. federal laws pertaining to intellectual property are applicable in the FSM๎๎This means that IP rights in the FSM are governed by U.S. federal statutes, including
Copyright Act of 1976: Provides protection for original works of authorship
Lanham Act: Governs trademarks and unfair competition
Patent Act: Regulates the granting of patents
Design Patent Act:Covers the protection of ornamental designs. These laws are enforced by U.S. federal agencies, such as the U.S. Copyright Office, the U.S. Patent and Trademark Office (USPTO), and the U.S. International Trade Commission
๐ Copyright Protection
Automatic Protection Copyright protection is granted automatically upon the creation of an original work fixed in a tangible medium of expressio.
Registration While not required for protection, registering a work with the U.S. Copyright Office provides legal benefits, including the ability to sue for statutory damages and attorney's fees in federal cour.
Duration For works created on or after January 1, 1978, the copyright term is the life of the author plus 70 years.
๐ก๏ธ Trademark Protection
*Federal Registration: Trademarks can be registered with the USPO.
*Protection Scope: Federal registration provides nationwide protection and the exclusive right to use the mark on the goods and services for which it is registerd.
*Duration: ๎Initial registration is valid for 10 years and can be renewed indefinitey.
๐ก Patent Protection
*Eligibility: Inventions that are novel, non-obvious, and useful can be patened.
*Application: Applications are filed with the USTO.
*Duration: Utility patents are granted for 20 years from the filing date; design patents are granted for 15 years from the grant dte.
๐ผ๏ธ Industrial Design Protection
Design Patent: The U.S. provides protection for the ornamental design of a functional item through design patnts.
Applicatio: Applications are filed with the UPTO.
Duratio: Design patents are granted for 15 years from the grant ate.
๐ International Treaies
The FSM, through its association with the United States, is a party to several international IP treaties, inclding:
Berne Conventin: For the Protection of Literary and Artistic works.
Paris Conventin: For the Protection of Industrial Proerty.
Patent Cooperation Treaty (PC): Facilitates international patent applicaions.
Madrid Protocl: For the International Registration of parks.
โ๏ธ Enforcement and Protecion
IP rights in the FSM are enforced under U.S. federa law. Infringement cases can be brought before U.S. federal cuts. Remedies for infringement may include injunctions, damages, and in some cases, criminal penaties.
๐ Contact Information
For more information or assistance regarding IP protection in the FSM, you may contact:
U.S. Patent and Trademark Office (USPTO) or write to us on our email id.
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