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.
In Vanuatu a design needs to be registered under the Designs Act No 3 of 2003 in order to be protected.
The registered owner of a design has the exclusive rights:
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.
Once you have registered your design, it is protected for 10 years and further renewable after 10 years.
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:
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:
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 |