Industrial Designs Law in Palau
Here’s a summary of Industrial Designs Law in Palau:
🔹 Legal Framework
Primary Legislation:
Palau’s intellectual property laws, including industrial design protection, are set out under the Palau Trademark and Patent Act (Title 35 of the Palau National Code).
Palau does not have a separate, detailed statute specifically for industrial designs.
Industrial designs may be protected under design patents provisions, similar to the U.S. system, as Palau’s laws are influenced by U.S. law due to the Compact of Free Association.
Administration:
Intellectual property rights, including design patents, are managed by the Palau Ministry of Justice or a designated IP office.
International Treaties:
Palau is not a member of the WIPO Hague Agreement (for industrial design registration).
Palau is a member of the Paris Convention for the Protection of Industrial Property.
Due to its close ties with the U.S., Palau’s IP laws have similarities with U.S. law.
🔹 What Can Be Protected
Industrial designs may be protected as design patents, covering the ornamental design of a functional item.
Protection is granted for the appearance or aesthetic of the product, not its technical features.
The design must be new, original, and ornamental.
🔹 Registration Process
Application:
File an application for a design patent with the national IP office or Ministry of Justice.
Submit drawings or photographs clearly showing the design.
Pay the required fees.
Examination:
The application undergoes a formal examination.
There may be substantive examination depending on resources.
Duration:
Design patents are usually protected for 14 years from the date of grant (similar to U.S. law).
No renewal possible after expiration.
🔹 Rights and Enforcement
The owner has exclusive rights to make, use, sell, or license the design.
Civil legal remedies are available in cases of infringement.
Enforcement is carried out through Palau’s courts.
🔹 Other Notes
Palau’s IP framework is relatively limited due to its small size and resources.
For broader protection, businesses often rely on U.S. registrations or international filings.
No specific unregistered design protection system exists in Palau.
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