Intellectual Property Laws at Tuvalu
Tuvalu's intellectual property (IP) framework is primarily based on legislation inherited from the United Kingdom, with limited domestic IP laws. Here's an overview of the key aspects of IP law in Tuvalu:
🇹🇻 Key IP Laws and Regulations
1. Trademarks
Governing Law The Registration of United Kingdom Trade Marks Act (Cap 40.52, Revised Edition 2008), which incorporates UK trademark law into Tuvaluan legislation.
Registration Process: Applications must be filed with the *Office of the Attorney-General. Applicants must provide a certified copy of the corresponding UK trademark registration. The trademark must be registered in the UK for the same goods or service. Tuvalu follows the 11th edition of the Nice Classification.
Protection Valid for the duration of the corresponding UK trademark registration.
Renewal Renewable in 10-year terms, with a 3-month grace period after expiration.
Opposition No formal opposition procedure; however, third parties may challenge the registration through legal action.
Note Tuvalu is not a member of the Madrid Agreement or the Madrid Protocol.
2. Copyright
Governing Law The Copyright Act (Cap 40.24, Revised Edition 2008), which provides protection for literary, artistic, and musical work.
Protection Automatic upon creation; no registration require.
Duration Lifetime of the author plus 50 years.
International Treaties: Tuvalu is a member of the Berne Convention for the Protection of Literary and Artistic Works, effective from June 2, Also a member of the *WIPO Copyright Treaty.
3. Patents and Industrial Designs
Governing Law:
Patents The **Registration of United Kingdom Patents Act (Cap 40.48, Revised Edition 2008)*.
Industrial Designs The **United Kingdom Designs Protection Act (Cap 40.68, Revised Edition 2008)*.
Registration: Applications must be filed with the *Office of the Attorney-General. Applicants must provide a certified copy of the corresponding UK patent or design registration. Protection is valid for the duration of the corresponding UK registration.
Note Tuvalu is not a member of the Patent Cooperation Treaty (PCT) or the Hague Agreement for the International Registration of Industrial Design.
🏛️ Enforcement and Institutional Framework
*Enforcement: IP enforcement in Tuvalu is limited, with no dedicated IP office or specialized IP court. Enforcement typically occurs through civil litigation or administrative action.
Institutional Framework:
*Office of the Attorney-General: Responsible for the administration of IP las.
*Customs and Police: Involved in enforcement actions against counterfeit goods.
🌐 *International Treaties and Agreements
Tuvalu is a member of several international IP treaties:
*Berne Convention: For the Protection of Literary and Artistic Woks.
*WIPO Copyright Treaty: Provides additional protections for copyright works in the digital environment.
*Note: Tuvalu is not a member of the Paris Convention for the Protection of Industrial Property or the Patent Cooperation Treaty (PT).
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