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.