Intellectual Property Laws at Tonga
Tonga's intellectual property (IP) legal framework is governed by the Industrial Property Act 1994 (Act No. 19 of 1994, 2020 Revised Edition) and the Copyright Act of 1985 (No. 20). These laws provide protection for patents, utility models, industrial designs, trademarks, trade names, and copyrights.
🏛️ Legal Framework
Industrial Property Act 1994
Patents: Protect inventions that offer a new solution to a technical problem The Act outlines the application process, rights conferred by patents, and provisions for compulsory licensing and invalidation
Utility Model Certificates: Provide protection for innovations that may not meet the full criteria for patents but still offer new technical solutions
Industrial Designs: Protect the aesthetic aspects of products, including their shape, configuration, pattern, or ornamentation
Trademarks and Trade Names: Protect distinctive signs used to identify goods or services and the names under which businesses operate
Unfair Competition: Addresses acts that cause confusion or mislead the public, such as false advertising or imitation of products
Copyright Act of 1985
Protection Scope: Covers literary, artistic, and scientific works Protection is granted to works of authors who are nationals of, or have their habitual residence in, Tonga, as well as works first published in Tonga
Rights Conferred: Authors are granted exclusive rights to their works, including the right to reproduce, distribute, perform, and adapt their creations
🛡️ Enforcement and Legal Remedies
Registrar The Registrar is responsible for the administration of IP rights, including registration and maintenance of record.
Court The Supreme Court of Tonga has jurisdiction over IP disputes, including infringement cases and appeal.
Infringement Actions Rights holders can institute court proceedings against unauthorized use of their IP, seeking remedies such as injunctions, damages, and orders for the destruction of infringing good.
🌐 International Cooperation
*Paris Convention: Tonga is a member of the Paris Convention for the Protection of Industrial Property, allowing for the recognition of IP rights across member countries.
*WIPO: Tonga is a member of the World Intellectual Property Organization (WIPO), participating in international treaties and agreements to enhance IP protection.
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