Patents Laws in New Caledonia (France)
Here’s an overview of patent laws in New Caledonia (a special collectivity of France):
🇳🇨 Patent Laws in New Caledonia (France)
1. Legal Status
New Caledonia is a French sui generis collectivity with its own legal system in many areas.
However, intellectual property law, including patents, in New Caledonia is governed by French national law.
2. Applicable Law
Patent protection in New Caledonia is subject to French patent law, which is harmonized with European patent law.
The French Intellectual Property Code (Code de la Propriété Intellectuelle) applies.
European patents validated in France also extend protection to New Caledonia by default, as it is part of the French Republic.
3. Patent Types
National French Patents:
Filed with the Institut National de la Propriété Industrielle (INPI), the French Patent Office.
European Patents:
Filed through the European Patent Office (EPO), can be validated in France (including New Caledonia).
Supplementary Protection Certificates (SPCs):
Available for pharmaceuticals and plant protection products.
4. Patentability Criteria
Must be:
Novel
Inventive
Industrially applicable
Exclusions include:
Discoveries, scientific theories, mathematical methods.
Aesthetic creations.
Business methods and software as such.
Methods of treatment or diagnosis on humans or animals (except products).
5. Patent Duration
Standard patent protection lasts 20 years from the filing date.
Annual renewal fees apply.
6. Filing Process
File applications with the INPI in France or with the European Patent Office.
There is no separate patent office in New Caledonia.
Patents granted in France automatically cover New Caledonia.
Applications must be in French.
7. Enforcement
Patent rights are enforceable in New Caledonia through the French judicial system.
Civil courts handle infringement cases.
Remedies include injunctions, damages, and seizure of infringing goods.
8. International Treaties
New Caledonia benefits from France’s membership in:
European Patent Convention (EPC)
Patent Cooperation Treaty (PCT)
Paris Convention
Summary:
| Aspect | Details |
|---|---|
| Governing Law | French Intellectual Property Code |
| Patent Office | INPI (France) & EPO |
| Patent Term | 20 years |
| Languages | French |
| Regional Application | European patent validated in France |
| Enforcement | French courts in New Caledonia |
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