Patents Laws in Wallis and Futuna (France)
Wallis and Futuna is a French overseas collectivity, and patent laws there fall under the French legal system. So, patents in Wallis and Futuna are governed by French intellectual property law.
Here’s a quick overview:
🔹 Governing Law:
French patent law, primarily under the French Intellectual Property Code (Code de la propriété intellectuelle)
Administered by the Institut National de la Propriété Industrielle (INPI) — the French National Institute of Industrial Property
🔹 Patentability Criteria (French law):
To be patentable under French law:
Novelty — the invention must be new.
Inventive step — it must not be obvious to a person skilled in the art.
Industrial applicability — it must be capable of industrial application.
🔹 What Cannot Be Patented:
Discoveries, scientific theories, and mathematical methods
Aesthetic creations
Schemes, rules or methods for intellectual activities, playing games or doing business
Computer programs “as such” (software can be patented if it has a technical character)
Methods for treatment of the human or animal body
🔹 Application Process:
Applications are filed with the INPI or via the European Patent Office (EPO) for European patents validated in France.
Substantive examination is conducted.
Publication usually occurs 18 months after filing or priority date.
Patents are granted and published.
🔹 Patent Duration:
Patents last 20 years from the filing date.
Annual renewal fees apply.
🔹 Enforcement:
Enforcement is through French courts.
Remedies include injunctions, damages, and seizure of infringing goods.
🔹 International Treaties:
France (and thus Wallis and Futuna) is a member of:
Paris Convention
Patent Cooperation Treaty (PCT)
European Patent Convention (EPC)
TRIPS Agreement
Summary:
Since Wallis and Futuna are under French jurisdiction, patent protection there is effectively the same as in mainland France, relying on French and European systems.
RELATED Blog
0 comments