Industrial Designs Law in Papua New Guinea

30 May 2025 --
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Papua New Guinea (PNG) provides protection for industrial designs under the Patents and Industrial Designs Act 2000 and its associated regulations. The Intellectual Property Office of Papua New Guinea (IPOPNG), operating within the Investment Promotion Authority (IPA), administers the registration and enforcement of industrial designs in the country.

📝 Eligibility for Registration

To be eligible for registration in PNG, an industrial design must meet the following criteria:

Novelty: The design must be new or original, meaning it has not been disclosed to the public anywhere in the world through publication, use, or in any other way.

Visual Appeal: The design should pertain to the external appearance of an article, including its shape, configuration, pattern, or ornamentation.

Non-Functional: The design should not be dictated solely by the function of the article.

Cultural Sensitivity: The design must not use traditional or cultural motifs without appropriate authorization, especially those belonging to villages, clans, or tribes.

🗓️ Duration and Renewal

The protection term for a registered industrial design in PNG is 15 years, divided into three consecutive periods of 5 years each. The registration can be renewed for two additional 5-year terms, provided the renewal fees are paid. A grace period of six months is allowed for late renewals, subject to an additional fee.

🧾 Registration Process

To register an industrial design in PNG, applicants must:

Complete Form 5: This form is available on the IPOPNG website.

Submit Representations: Provide technical drawings or photographs of the design.

Pay the Application Fee: The prescribed fee is PGK 300 (approximately AUD 120).

Provide Additional Documents: If the applicant is not the designer, a Statement Justifying the Applicant’s Right is required.

Applications can be submitted to the IPOPNG office in Port Moresby or through their online portal.

⚖️ Enforcement and Infringement

The rights conferred by the registration of an industrial design in PNG include:

Exclusive Rights: The registered owner has the exclusive right to exploit the design in PNG.

Legal Actions: The owner can take legal action against infringers, including seeking injunctions, damages, and accounts of profits.

Additionally, PNG customs authorities can detain goods suspected of infringing industrial design rights under the Customs (Prohibited Imports) Regulation. The detention can last up to 10 working days, during which the IP owner must commence legal proceedings.

🌐 International Protection

PNG is a member of the World Intellectual Property Organization (WIPO) and has acceded to several international treaties, including the Paris Convention and the Patent Cooperation Treaty (PCT). However, it is not a contracting party to the Hague Agreement, which facilitates the international registration of industrial designs.