Industrial Designs Law in Nauru
In Nauru, industrial design protection is governed by the Industrial Property Act 2012. This Act provides a legal framework for the registration and protection of industrial designs within the country.
📘 Industrial Property Act 2012
The Industrial Property Act 2012 is the primary legislation in Nauru that addresses the protection of industrial designs. Key provisions include:
Right to Apply for Registration: The right to apply for the registration of a design belongs to the creator of the design. In cases where two or more persons have jointly created a design, the right to apply for registration belongs to them jointly.
Ownership of Designs Created by Employees or Commissioned Work: When a design is created in the execution of a commission contract or in the course of an employment contract, the right to register that design belongs, in the absence of written contractual provisions to the contrary, to the person who commissioned the work or to the employer.
Naming of Creator: Where the applicant is not the creator of the design, they must, if the Registrar calls for it, furnish the Registrar with a statement justifying the applicant’s right to the registration of the design.
🏢 Intellectual Property Division
The Intellectual Property Division within the Department of Justice & Border Control is responsible for the administration of intellectual property rights in Nauru, including industrial designs. The Division is headed by the Registrar of Intellectual Property and assisted by legal officers and paralegal staff. It was established under Section 11A of the Public Service Act 2016, with its creation published in the Government Gazette on 14th May 2021.
🌐 International Protection
Nauru is a member of the World Intellectual Property Organization (WIPO) and has acceded to several international treaties concerning intellectual property. However, as of the latest available information, Nauru is not a contracting party to the Hague Agreement concerning the international registration of industrial designs. This means that protection for industrial designs in Nauru is primarily national, and creators seeking international protection may need to consider alternative avenues.
📌 Key Takeaways
National Protection: Industrial designs are protected under the Industrial Property Act 2012, with registration administered by the Intellectual Property Division.
Ownership Rights: The right to apply for registration belongs to the creator, with specific provisions for designs created by employees or under commission.
International Considerations: Nauru is not a contracting party to the Hague Agreement, so international protection may require separate filings in other jurisdictions.
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