A DESIGN consists of three dimensional features of a shape, configuration, or two dimensional features of a pattern or ornamentation that can be applied to an article. The features must be able to be judged by the eye in the finished article. Design are applied to a wide variety of product of industry and handicraft.

 

WHAT RIGHTS ARE GIVEN BY REGISTRATION OF A DESIGN?

The registered owner of a design has the exclusive rights:

  • to use the design; and
  • to authorise other persons to use the design.

The registered owner of a design has also the right to take action under Design Act No 3 of 2003 if his or her design has been infringed. Note that the registered owner has these rights from the date of registration of the design.

A design must in general, fulfill the following conditions to be protected. It must be new and not previously been disclosed to the public. The design must be also original if it significantly differs from known designs or combinations of known design features.

Also if the owner of the copyright in an artistic work applies to register a corresponding design; and the work has been previously used commercially by the owner; than the design is not new or original. 

A design is also not to be registered for an article if the design:

  • differs only in immaterial details or in features commonly used in the relevant trade from a design that was registered, published or used in Vanuatu for the same article before the priority date for the application for registration; or
  • is an obvious adaptation of a design that was registered, published or used in Vanuatu for another article before the priority date for the application for registration.
  • is primarily literary or artistic in character

However a design may be registered although the design consists of, or includes, features of shape or configuration that serve, or serve only, a functional purpose.

The owner of a design may apply for the registration of the design. Where 2 or more persons own interests in a design, all of the persons owning the interests, acting jointly, may apply for the registration of the design.

The application for registration:

  • must be in accordance with the approved form and be filed with the Registrar; and
  • must be accompanied by the prescribed fee of VT 25,000
  • must have with it three representations of an article to which the design is applied; and
  • may have with it a statement of monopoly for the design.
  • may have a statement of novelty for the design

If the owner of a design wishes to register the design for more than one article, the owner must make a separate application for each article.

 

US Dollar

Vatu

Section 10  - Application of Registration

USD 250.00

VT 25,000

Section 11 – Application of Priority

USD 100.00

VT 10,000

Section 20 – Opposition to Registration

USD 300.00

VT 30,000

Section 28, 29 & 30 – Amendments of Application and other Documents

USD 50.00/per application

VT 5,000/per application

Section 36 – Application for Renewal

USD 250.00

VT 25,000

Section 45 – Application for Removal for Non – Use

USD 300.00

VT 30,000

Section 53 – Recording Assignment of Design if Registration is Sought

USD 100.00

VT 10,000

Section 54 – Recording Assignment of Registered Design

USD 100.00

VT 10,000

Section 56 – Recording Claims to Interest for Registered Design

USD 250.00

VT 25,000

Section 76 – Withdrawing Application

USD 100.00

VT 10,000

Section 78 – Change of name

USD 100.00

VT 10,000

Section 81 – Extension of Time

USD 100.00

VT 10,000