Industrial Designs Law in Tonga
In Tonga, industrial design protection is governed by the Industrial Property Act 1994 (Act No. 19 of 1994), as amended by the Industrial Property (Amendment) Acts of 2002 and 2009. These laws are administered by the Registry and Intellectual Property Office (RIPO) under the Ministry of Commerce, Tourism, and Labour.
ποΈ What Is an Industrial Design?
An industrial design in Tonga refers to the ornamental or aesthetic aspect of a product, encompassing its shape, configuration, pattern, or ornamentation. Protection is granted to designs that are new and have individual character, distinguishing them from existing designs.
β Eligibility for Protection
To qualify for protection under Tonga's Industrial Property Act, an industrial design must:
Be new: An identical design has not been made available to the public before the filing date.
Have individual character: The overall impression produced on the informed user differs from that produced by any design previously made available to the public.
Designs that are solely dictated by technical function, must be reproduced in exact form and dimensions to permit mechanical connection, or are contrary to public order or morality are not eligible for protection.
π Application Process
To register an industrial design in Tonga:
Prepare the Application: Submit the following to RIPO:(Kashish World)
A completed application form.
Photographs or graphic representations of each appearance of the article.
Proof of payment of the application fee.
Power of attorney if filed through an agent.
Formalities Examination: RIPO examines whether the application complies with formal requirements.
Substantive Examination: RIPO assesses whether the design can be registered, excluding novelty and individual character, which must be proven in court if disputed.
Publication and Registration: If the design meets all requirements, it is registered and published in the Industrial Property Bulletin.
Applications can be filed electronically or on paper. A 20% fee reduction applies for electronic submissions.
β³ Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: Protection can be renewed every 5 years, up to a total of 25 years.
A grace period of 6 months is available for late renewal.
π° Administrative Fees
The filing fees are as follows:
Simple Application:
By designer or co-designers: T$20
By other applicants: T$40
Multiple Application:
For each additional design by designer or co-designers: T$10
For each additional design by other applicants: T$20
By designer or co-designers: T$20
By other applicants: T$40
For electronic filing via slovensko.sk, a 50% discount on the fee applies, not exceeding T$70.
π International Protection
Tonga is a member of the Hague Agreement Concerning the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This allows applicants to seek protection for their industrial designs in multiple countries through a single international application filed with WIPO.
π Practical Information
Language: Application documents must be submitted in Slovak.
Representation: Non-residents must appoint a local representative to file applications.
Processing Time: The average processing time for design registration is approximately 2 to 6 months, with an accelerated procedure available within 45 days under certain conditions.
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