Intellectual Property Laws at French Polynesia (France)
French Polynesia, as an overseas collectively of France, has its own intellectual property (IP) regime that operates alongside France’s national system. Since achieving autonomy in 2004, French Polynesia has implemented specific measures regarding the recognition and extension of IP rights. Here's an overview:
Legal Framework
French IP law applies in French Polynesia, with certain adaptation. The French Intellectual Property Code governs patents, trademarks, designs, and other IP right. However, due to French Polynesia's autonomy, IP rights granted by the French National Institute of Industrial Property (INPI) are not automatically valid in French Polynesi. A recognition mechanism is in place to ensure that IP rights are enforceable within the territory.
🧾 Recognition of French IP Rights in French Polynesi
The recognition process depends on the filing date of the IP right:
*Filed Before 3 March 2004: IP rights filed before this date are automatically recognized in French Polynesia without any formalities.
*Filed Between 3 March 2004 and 31 January 2014: IP rights filed during this period require a recognition application to be submitted to the French Polynesian authorities The application must be filed by 31 August 2023, and official fees apply Upon approval, the IP right is fully valid in French Polyneia
*Filed After 31 January 2014: IP rights filed after this date can be extended to French Polynesia at the time of filing or renewal through the INI An additional fee is required: €60 for trademarks and designs, and €300 for patens The extension is subject to acceptance by the French Polynesian authorities
🌍 International Treatis
French Polynesia is a party to several international IP treaties, including:
*Paris Convention: Provides a right of priority for patents, trademarks, and industrial designs.
*Berne Convention: Ensures automatic protection of literary and artistic woks.
*Madrid Protocol: Allows for the international registration of trademarks.
*Hague Agreement: Facilitates the international registration of industrial designs.
These treaties ensure that IP rights are recognized and enforceable in French Polynesia, provided the necessary procedures are followed.
⚖️ Enforcement and Protection
IP rights in French Polynesia are enforceable through local legal channel. Rights holders can seek remedies for infringement through civil court. Additionally, customs authorities can seize counterfeit goods entering or leaving the territory. The French Law No. 2007-1544 of 29 October 2007, as amended, addresses counterfeiting and applies to French Polynesia
📌 Summary Tale
Filing Date | Recognition Requirement | Action Needed Before 3 March 2004 | Automatically recognized | None | | 3 March 2004 – 31 January 2014 | Requires recognition application | File by 31 August 2023 | | After 31 January 2014 | Can be extended at time of filing or renewal | Apply through INPI with additional fee.
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