Industrial Designs Law in Micronesia
Here’s an overview of the Industrial Designs Law in the Federated States of Micronesia (FSM):
🇫🇲 Industrial Designs Law in the Federated States of Micronesia
📜 Legal Framework
Intellectual property, including industrial designs, in FSM is primarily governed by the Federated States of Micronesia Intellectual Property Code.
The FSM is a member of the World Intellectual Property Organization (WIPO) but is not a member of the Paris Convention.
FSM follows its own domestic laws for industrial designs rather than an international treaty system.
🎨 Definition of Industrial Design
An industrial design protects the aesthetic and ornamental aspects of an article.
This includes the shape, pattern, or color applied to a product.
The design must be new and original.
📝 Registration Process
Authority: The Federated States of Micronesia Department of Justice handles intellectual property matters.
Filing:
Application form specifying the design
Clear representation of the design (drawings/photos)
Payment of fees
Examination: Typically a formal examination.
Publication: Registered designs are published for public awareness.
⏳ Duration of Protection
Protection lasts for 5 years from the date of registration.
Renewable for additional periods (usually one or two renewals allowed, each of 5 years).
Total maximum protection term is typically up to 15 years.
🚫 Infringement and Enforcement
Unauthorized use or reproduction of a registered industrial design is considered infringement.
Enforcement can involve civil actions including injunctions and damages.
🌍 International Considerations
FSM’s lack of Paris Convention membership means no priority claim from foreign filings under that treaty.
Applicants seeking broader protection typically register separately in other jurisdictions.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | FSM Intellectual Property Code |
| Responsible Authority | FSM Department of Justice |
| Registration Required | Yes |
| Protection Period | 5 years (renewable up to 15) |
| Examination Type | Formal examination |
| International Treaties | WIPO member; no Paris Convention |
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