Industrial Designs Law in Wallis and Futuna (France)
Here’s an overview of Industrial Designs Law in Wallis and Futuna, a French overseas collectivity:
🔹 Legal Framework
Primary Legislation:
Wallis and Futuna does not have its own distinct industrial design law.
As a French overseas collectivity, French intellectual property law applies.
Industrial designs are protected under the French Intellectual Property Code (Code de la propriété intellectuelle).
Administration:
Design registrations and related IP rights are handled through the Institut National de la Propriété Industrielle (INPI) — the French National Institute of Industrial Property.
INPI is responsible for granting and managing design rights for Wallis and Futuna as part of France.
International Agreements:
France is a member of:
The Paris Convention
The World Intellectual Property Organization (WIPO)
The Hague Agreement Concerning the International Registration of Industrial Designs
The TRIPS Agreement
🔹 What Can Be Protected
French law protects the appearance of a product, including lines, contours, colors, shape, texture, or materials.
To qualify for protection, a design must be:
New (not made available to the public anywhere before filing).
Have individual character (overall impression differs from existing designs).
Functional or technical features are not protectable as designs.
🔹 Registration Process
Application:
Filed with INPI.
Requires:
A request form.
Clear representations (drawings/photos) of the design.
Payment of fees.
Examination:
INPI performs a formal examination.
No substantive examination of novelty or individual character is done.
Publication:
Registered designs are published in the Official Bulletin of Industrial Property.
Duration:
Protection is granted for 5 years from filing.
Renewable up to 4 times for additional 5-year periods.
Maximum duration is 25 years.
🔹 Rights and Enforcement
The design owner has exclusive rights to use, reproduce, and license the design.
Enforcement can be pursued through French courts.
Customs enforcement is available to prevent infringing imports.
🔹 Unregistered Designs
France provides unregistered design protection for 3 years from the date the design is first made available to the public within the EU.
However, unregistered design protection is limited compared to registered rights.
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