Patents Laws in Cocos (Keeling) Islands (Australia)
The Cocos (Keeling) Islands are an external Australian territory, so Australian law applies there, including patent laws.
Patent Laws in Cocos (Keeling) Islands (Australia)
Governing Law:
The Australian Patents Act 1990 applies.
Patents are administered by IP Australia, the Australian Government agency responsible for intellectual property rights.
Key Features:
Patent System:
Patent applications are filed and granted under Australian law.
The Cocos (Keeling) Islands fall under the jurisdiction of Australian law, so patent protection granted in Australia automatically applies there.
Types of Patents:
Standard patents: Protect new inventions for up to 20 years.
Innovation patents: Protect inventions with a lower inventive threshold, valid for up to 8 years (note: innovation patents were phased out for new filings after August 2021, but existing ones remain valid).
Patentability Criteria:
Novelty, inventive step, and usefulness (industrial applicability).
Certain inventions are excluded, e.g., scientific theories, abstract ideas.
Application Process:
File with IP Australia.
Formalities and substantive examination.
Upon grant, the patent applies throughout Australia and its external territories, including the Cocos Islands.
Rights Conferred:
Exclusive rights to make, use, sell, or import the invention in Australia and its territories.
Enforcement:
Patents are enforceable in Australian courts.
Infringement remedies are available in the same manner as within mainland Australia.
International Agreements:
Australia is a member of the Patent Cooperation Treaty (PCT), Paris Convention, and complies with TRIPS.
International applications designating Australia extend patent rights to Australian jurisdiction and its territories.
Summary:
Patent protection for inventions in the Cocos (Keeling) Islands is governed by Australian patent law, administered by IP Australia. Any patent granted in Australia applies there automatically.
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