CONDITION TO OBTAIN DESIGN PROTECTION

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.

DESIGN APPLICATION PROCESS

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.

DESIGN SERVICES AND PRESCRIBED FEES